Mining & Resources
As one of the largest commercial law firms located in one of the world’s mining headquarters, we provide a comprehensive range of services to the mining and mining exploration industries across all project stages.
We regularly advise on all areas of resource exploration, development and production, both within Australia and internationally; from early stage exploration projects through to tier one assets.
We act for all participants in the mining industry, from early stage explorers through to large miners, from users to developers and operators of infrastructure, and from companies developing mining projects to engineers and construction contractors.
The size and breadth of our practice means we are able to service the entire needs of the industry, not just limited aspects of it.
We have extensive experience across a broad range of industry sectors and commodities, including iron ore, gold, copper, nickel, coal, alumina, mineral sands and other minerals.
Our lawyers sit on various committees established by the ASX, the Australian securities regulator ASIC, AMPLA (The Resources and Energy Law Association), the Department of Mines and Petroleum of the State Government of Western Australia and the Association of Mining Exploration Companies (AMEC). Through these committees, we have been at the forefront of many regulatory issues confronting the mining industry.
Our core capabilities in Mining & Resources include:
Tenement and land tenure
Capital raisings, corporate transactions and finance
Project acquisition and development
Port, rail and other infrastructure access and use
Gas supply and transportation agreements
Power purchase agreements
Sales and off-take agreements
Procurement, supply and other commercial contracts
Taxation and transfer duty
Employment and workplace relations
Insurance and risk management
Dispute resolution and Warden’s Court applications
Our mining & resources experience includes the matters noted below. For a comprehensive outline of our experience and further details of our capabilities please contact us.
We advised an ASX listed mining company on the legal due diligence for the proposed acquisition of all mining tenements, infrastructure, freehold leases, Crown land subleases and other statutory licences comprising an iron ore project in the north-west of Western Australia.
We acted for a TSX listed exploration company on the establishment of its industrial minerals exploration and development joint venture with an ASX listed company over a project in Madagascar.
In conjunction with a leading international law firm, we acted for a leading producer and supplier of a rare metal on its acquisition of a $400 million processing business in the USA. The acquisition has created a vertically integrated and global rare metals group. We worked closely with management in the review of draft transaction, financing and ancillary documents.
We acted for a major iron ore producer with respect to its gas purchase, gas transportation, gas storage and gas trading arrangements for its mining operations in the Pilbara and Goldfields regions of Western Australia.
We acted for a major international gold mining company in the negotiation of a power purchase agreement for its WA gold mining operation.
3 June 2016
On 1 June 2016, Worksafe WA released a discussion paper on its review of the model Work Health and Safety Regulations and consequent recommendations. Western Australians now have until 31 August 2016 to comment on the proposed regulations before the State Government determines its final position.
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12 March 2015
Today is the first anniversary of the amended Australian privacy regime. If you haven’t thought about whether the Privacy Act is relevant to your business, now is the time to do so.
Author: Elizabeth Tylich
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20 November 2014
On 28 October 2014, Jackson McDonald was honoured to host a presentation on the recent ANZ banking fees cases by keynote speaker, William Edwards, who is a barrister and one of the counsel on the Paciocco v ANZ case.
Discussion was focused on the changes to the law against penalties that came from the banking fees cases. A number of key issues were canvassed in the subsequent panel discussion, including the implications of the cases on other types of commercial contracts in the energy, mining and construction industries.
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12 August 2014
AGM – Making sure shareholder votes count
The engagement of proxy advisers by institutional shareholders and the trend of smaller numbers of retail shareholders attending Annual General Meetings continue to challenge directors and boards seeking to engage shareholders.
The AGM is the traditional forum for retail shareholders to meet with directors and management, to ask questions and to raise issues. Nowadays it is common for only a small fraction of shareholders to attend an AGM and for absent shareholders to vote by way of proxy before the meeting. Proxy voting is therefore a key mechanism by which shareholders can be engaged by directors to have a say in the future direction of the company and in the governance of the company. Recent changes to the ASX Listing Rules seek to simplify the proxy voting process and should therefore assist companies to ensure all votes are counted at shareholder meetings.
To ensure the validity of proxy votes, it is important for ASX listed companies to ensure that the proxy form satisfies the new requirements.
Author: Will Moncrieff
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26 July 2014
The reporting regime for mining companies under the new Chapter 5 of the ASX Listing Rules and the JORC Code 2012 now includes requirements for annual reports of mining entities.
Earlier this year, a number of companies with a financial year end of 31 December 2013 were required by ASX to issue supplementary disclosure to the annual reports.
Listed companies with a financial year end of 30 June 2014 are now entering their annual reporting period and should ensure their annual reports address the new requirements.
Author: Will Moncrieff
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3 July 2014
At the recent AMEC conference in Perth, the Minister for Industry, Ian Macfarlane, officially launched the Exploration Development Incentive (EDI), a policy designed to increase grass roots exploration expenditure with the goal of “discovering the mines of tomorrow.”
The EDI is in the form of a tax credit for eligible exploration expenditure, distributable to shareholders of eligible companies involved in minerals exploration activity in Australia.
$100 million in tax credits, equating to $350 million in eligible exploration expenditure, will be available to participating companies’ shareholders over the next 3 years.
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1 April 2014
On 12 March 2014, the High Court of Australia handed down its decision in Western Australia v Brown  HCA 8 ( Brown ). The decision is a critical development in relation to the survival of native title, as the High Court found that the construction of a town and a mining pit did not extinguish native title. The High Court in Brown overturned the decision of the Full Federal Court in De Rose (No. 2) (2005) 145 FCR 290 ( De Rose ), where it was held that the construction of improvements such as a homestead or sheds on a pastoral lease extinguished native title at the time those improvements were constructed.
To read more about the extinguishment of native title, please click here.
Author: Adam Levin
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22 January 2014
Transitional period under the Personal Property Securities Act ends 31 January 2014 - implications for mining and resources operations and joint ventures
The enactment of the Personal Property Securities Act 2009 (Cth) (PPSA) on 30 January 2012 saw the replacement of various Commonwealth, State and Territory legislation and securities registers, with a new regime governing the creation, registration and enforcement of securities that affect personal property in Australia.
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28 November 2013
The 2012 edition of the JORC Code has been in effect for close to a year but many ASX listed entities have continued to report in accordance with the 2004 JORC Code. Those entities now need to be ready to comply with the 2012 JORC Code and the amended Chapter 5 of the ASX Listing Rules, which become mandatory on 1 December 2013 for all ASX listed entities.
Aside from the fact that non-compliance with JORC Code constitutes a breach of the ASX Listing Rules, ASIC is giving greater attention to JORC Code compliance in respect of all company announcements, expert reports, notices of meeting and disclosure documents. ASIC is generally taking the view that failure to fully comply with the technical requirements of the JORC Code will render a companyÕs announcement or report misleading and deceptive. Non-compliance risks transactional delay and regulatory action.
The 2012 JORC Code and revised Chapter 5 of the ASX Listing Rules increase the technical disclosure requirements. Listed entities and competent persons should ensure that they fully understand the new requirements before the need to report an Exploration Result, Mineral Resource or Ore Reserve arises.
Author: Will Moncrieff
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23 August 2012
New ASX Listing Rules for capital raisings by small to mid cap listed companies came into effect on 1 August 2012.
Author: Will Moncrieff
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25 May 2012
Jackson McDonald consolidated its position as the leading West Australian law firm when named Perth Law Firm of the Year at the 2012 ALB Australasian Law Awards in Sydney on 24 May 2012.
It is the fifth year out of six that Jackson McDonald has won this prestigious award.
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12 April 2012
Many “construction” contracts are covered by the Construction Contracts Act. In most scenarios, parties can quickly work out whether or not their contract is covered by the Act and it is important to know whether it is. The Act has important consequences – it implies certain terms into construction contracts; prohibits or modifies other provisions and provides a means for the swift resolution of payment disputes.
So let’s remind ourselves of some items not covered under the definition of a construction contract.
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25 January 2012
The Personal Property Securities Act 2009 (Cth) (“Act”) creates a single national law governing security interests and similar transactions with respect to many different
kinds of tangible and intangible property, other than real property. The scheme under the Act commenced on 30 January 2012.
Author: Will Moncrieff
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10 January 2011
Jackson McDonald is a proud member of Globalaw and has assisted in the development of this guide.
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