Energy & Resources » Mining & Minerals

The mining boom, particularly in Western Australia and Queensland, continues to fuel strong levels of inbound investment from Asia, particularly from North Asia and more recently India. The trend towards investment in enabling infrastructure (port and rail) as well as mines and asset acquisitions is increasing, despite concerns over the accumulated impact of potential new federal taxes. It remains to be seen whether the MRRT in particular will have a damaging effect in the longer term.

Corrs’ long and deep association with the mining sector has seen it continue to provide timely strategic advice to major mining companies. As foreign investors continue to seek secure long-term supplies, Corrs has demonstrated its ability to handle complex, multijurisdictional transactions by acting on the largest Chinese and the two largest Indian investments in the Australian mining sector.

Our Experts

CHEWAndrewWEB

Andrew Chew

Partner Location Sydney Profile
Andrew Lumsden.jpg

Andrew Lumsden

Partner Location Sydney Profile
Bev Kennedy.jpg

Beverly Kennedy

Partner Location Melbourne Profile
Bruce Adkins.jpg

Bruce Adkins

Partner Location Brisbane Profile
Christian Owen.jpg

Christian Owen

Partner Location Perth Profile
CORKEClareWEB2

Clare Corke

Partner Location Melbourne Profile
DeFLAMINGJackWEB

Jack de Flamingh

Partner Location Sydney Profile
John Kelly.jpg

John Kelly

Partner Location Brisbane Profile
Mark Van Brakel.jpg

Mark van Brakel

Partner Location Perth Profile
HARRISONMichaelWEB

Michael Harrison

Partner Location Sydney Profile
Michael Mcginley.jpg

Michael MacGinley

Partner Location Brisbane Profile
Phillip Wilson.jpg

Philip Wilson

Partner Location Perth Profile
Robert Franklyn.jpg

Robert Franklyn

Partner Location Perth Profile
Russell Phillip.jpg

Russell Philip

Partner Location Perth Profile

Our Experience

Adani’s acquisition of Linc Energy's coal tenements

Corrs advised Adani Group (India's largest coal importer) on its acquisition of Linc Energy's coal tenements: reported as the largest single investment by an Indian company in Australia with the deal worth as much as US$2.7 billion.

A key feature was the speed with which it was undertaken (less than a week from announcement to completion).

Underlying changes in tenure arrangements added to the complexity of the deal and necessitated a fast response to ensure issues were properly identified, advised and addressed by completion date.

Corrs advised on all aspects of the transaction including legal due diligence and negotiation and drafting of all transaction documents, including the Asset Sale Agreement and Overriding Royalty Agreement.

More

Andean Resources

When Goldcorp Inc acquired Andean Resources for $C3.6 billion, it was a complex cross border transaction involving a dual listed target and bidder. This required compliance with Australian and Canadian securities, disclosure and mining standards and dealing with Australia, Canadian, US and Argentinean regulators. Working with legal teams in Canada, Corrs completed the agreement in only four days, trumping unsolicited and hostile proposals in what was one of the world’s largest gold mining takeovers in 2010.

MCC's Cape Lambert and Cape Preston iron ore projects

Advising on all aspects from project feasibility study, approvals and native title, Corrs is the exclusive legal adviser to China Metallurgical Group Corporation (MCC) on its key investment in Western Australia.

MCC is one of China’s largest state-owned enterprises and was advised by Corrs on the $400 million acquisition of Cape Lambert Iron Ore Limited’s iron ore project in the Pilbara. Corrs is also advising MCC on the $3.7 billion development of that project and the US$6.1 billion Cape Preston project, reinforcing the firm’s position at the forefront of Australia’s iron ore sector development.

Straits Demerger

The separation of Straits’ metals business into a new ASX listed company, Straits Metals, created an exciting new gold and copper focused metals business.

The demerger was followed by the $550 million takeover of Straits (which then only held the coal business) by a subsidiary of PTT International Company Ltd. Corrs teams from nine technical disciplines advised on all aspects of both transactions under extremely tight deadlines. This included disclosure issues, takeovers law, the sale and purchase of the metals business, court procedures for the scheme of arrangement for the takeover, and the renegotiation of Straits financing arrangements.

Yanzhou Coal

Managing disclosures on three stock exchanges, obtaining approvals in two countries and overcoming significant language and cultural differences were key challenges when Corrs advised on the biggest ever Chinese deal in the Australian coal sector.

Its client Yanzhou Coal became the first Chinese state-owned enterprise to acquire 100% of an Australian listed company through the A$3.5 billion acquisition of Felix Resources. The deal was innovative as it featured an undertaking by Yanzhou Coal to list Yancoal Australia on the Australian Securities Exchange by no later than the end of 2012, thereby guaranteeing public ownership.

The implementation of the transaction involved managing disclosures on three key stock exchanges - ASX, Shanghai and Hong Kong. A tight timeframe of only four months was met, even though all documents had to be translated and there were significant language and cultural differences that the team had to overcome.

More

Our Thinking

Investing in mining related infrastructure – what investors and contractors should know

Australia’s vast mining and resources sector has an unquenchable thirst for infrastructure. Billions of dollars needs to be invested in roads, railways and port facilities to support the sector’s export chain.

More

Recent environmental decisions concerning energy & resources projects

This In Brief addresses three recent cases of relevance to Energy & Resources Projects.

More

The Minerals Resource Rent Tax – All systems go?

Subject to the possibility of a successful High Court challenge, and perhaps the outside chance of a Federal Election being called, Australia will have a new tax on iron ore and coal mining with effect from 1 July 2012.

More

Corrs in Brief: From East to West - Implications for the mining and energy and resources industries arising from recent developments in security of payment cases.

In planning for mining and energy and resources development and any ancillary services, industry participants should consider the operation of the SOP Acts in determining how to structure related contracts.

Download

Corrs in Brief: Implications of PPSA issues affecting mining services contracts

The PPSA is broad in its application and will impact on the mining industry. It is important that contracts contain comprehensive provisions dealing with the PPSA to ensure that a party who may have a security interest is adequately protected.

More

Investing in the Australian mining industry: A focus on coal and iron ore

Australia is a country with vast mineral wealth; a stable political, legal and economic environment; a highly skilled and productive workforce; and a welcoming attitude to foreign investment - making it a favourite destination for foreign investors.

Download

Corrs In Brief: Streamlining of Exploration and Development Approval Processes

DEEDI recently held an information session on the restructuring of exploration and development approval processes. This is aimed at streamlining current approval processes in order to make them more efficient and simplified.

More

The Minerals Resource Rent Tax – One step closer?

The Minerals Resource Rent Tax is one step closer to becoming a reality with the introduction of the Minerals Resource Rent Tax Bill 2011 into Parliament. Now is the time for MRRT taxpayers to prepare for its introduction.

More

Further tax complexities for deferred farm-out arrangements

The Australian Taxation Office has now released a second draft ruling on farm-out arrangements which highlights additional tax complexities when the acquisition of an interest by a farmee in a mining tenement is deferred.

More

Corrs In Brief: Strategic Cropping Land - Implications for the Mining and Petroleum Industries

23rd August 2011 |

More

Corrs In Brief: Restriction on exploration and mining in urban areas

On 16 August 2011, Queensland Premier Anna Bligh announced an interim restriction on the grant of new exploration permits for coal or other materials within Restricted Area 384 (RA 384) under the Mineral Resources Act 1989 (Qld) (MRA), effective imme

More

Farm-out arrangements in ATO’s sights

A new draft tax ruling signals potential income tax and GST consequences for parties to immediate transfer farm-out arrangements.

More

Our Experience

Adani’s acquisition of Linc Energy's coal tenements

Corrs advised Adani Group (India's largest coal importer) on its acquisition of Linc Energy's coal tenements: reported as the largest single investment by an Indian company in Australia with the deal worth as much as US$2.7 billion.

A key feature was the speed with which it was undertaken (less than a week from announcement to completion).

Underlying changes in tenure arrangements added to the complexity of the deal and necessitated a fast response to ensure issues were properly identified, advised and addressed by completion date.

Corrs advised on all aspects of the transaction including legal due diligence and negotiation and drafting of all transaction documents, including the Asset Sale Agreement and Overriding Royalty Agreement.

Andean Resources

When Goldcorp Inc acquired Andean Resources for $C3.6 billion, it was a complex cross border transaction involving a dual listed target and bidder. This required compliance with Australian and Canadian securities, disclosure and mining standards and dealing with Australia, Canadian, US and Argentinean regulators. Working with legal teams in Canada, Corrs completed the agreement in only four days, trumping unsolicited and hostile proposals in what was one of the world’s largest gold mining takeovers in 2010.

MCC's Cape Lambert and Cape Preston iron ore projects

Advising on all aspects from project feasibility study, approvals and native title, Corrs is the exclusive legal adviser to China Metallurgical Group Corporation (MCC) on its key investment in Western Australia.

MCC is one of China’s largest state-owned enterprises and was advised by Corrs on the $400 million acquisition of Cape Lambert Iron Ore Limited’s iron ore project in the Pilbara. Corrs is also advising MCC on the $3.7 billion development of that project and the US$6.1 billion Cape Preston project, reinforcing the firm’s position at the forefront of Australia’s iron ore sector development.

Straits Demerger

The separation of Straits’ metals business into a new ASX listed company, Straits Metals, created an exciting new gold and copper focused metals business.

The demerger was followed by the $550 million takeover of Straits (which then only held the coal business) by a subsidiary of PTT International Company Ltd. Corrs teams from nine technical disciplines advised on all aspects of both transactions under extremely tight deadlines. This included disclosure issues, takeovers law, the sale and purchase of the metals business, court procedures for the scheme of arrangement for the takeover, and the renegotiation of Straits financing arrangements.

Yanzhou Coal

Managing disclosures on three stock exchanges, obtaining approvals in two countries and overcoming significant language and cultural differences were key challenges when Corrs advised on the biggest ever Chinese deal in the Australian coal sector.

Its client Yanzhou Coal became the first Chinese state-owned enterprise to acquire 100% of an Australian listed company through the A$3.5 billion acquisition of Felix Resources. The deal was innovative as it featured an undertaking by Yanzhou Coal to list Yancoal Australia on the Australian Securities Exchange by no later than the end of 2012, thereby guaranteeing public ownership.

The implementation of the transaction involved managing disclosures on three key stock exchanges - ASX, Shanghai and Hong Kong. A tight timeframe of only four months was met, even though all documents had to be translated and there were significant language and cultural differences that the team had to overcome.

Our Thinking

Investing in the Australian mining industry: A focus on coal and iron ore

Australia is a country with vast mineral wealth; a stable political, legal and economic environment; a highly skilled and productive workforce; and a welcoming attitude to foreign investment - making it a favourite destination for foreign investors.

Farm-out arrangements in ATO’s sights

A new draft tax ruling signals potential income tax and GST consequences for parties to immediate transfer farm-out arrangements.

Further tax complexities for deferred farm-out arrangements

The Australian Taxation Office has now released a second draft ruling on farm-out arrangements which highlights additional tax complexities when the acquisition of an interest by a farmee in a mining tenement is deferred.

Corrs In Brief: Strategic Cropping Land - Implications for the Mining and Petroleum Industries

23rd August 2011 |

Corrs In Brief: Restriction on exploration and mining in urban areas

On 16 August 2011, Queensland Premier Anna Bligh announced an interim restriction on the grant of new exploration permits for coal or other materials within Restricted Area 384 (RA 384) under the Mineral Resources Act 1989 (Qld) (MRA), effective imme

The Minerals Resource Rent Tax – One step closer?

The Minerals Resource Rent Tax is one step closer to becoming a reality with the introduction of the Minerals Resource Rent Tax Bill 2011 into Parliament. Now is the time for MRRT taxpayers to prepare for its introduction.

Corrs In Brief: Streamlining of Exploration and Development Approval Processes

DEEDI recently held an information session on the restructuring of exploration and development approval processes. This is aimed at streamlining current approval processes in order to make them more efficient and simplified.

The Minerals Resource Rent Tax – All systems go?

Subject to the possibility of a successful High Court challenge, and perhaps the outside chance of a Federal Election being called, Australia will have a new tax on iron ore and coal mining with effect from 1 July 2012.

Investing in mining related infrastructure – what investors and contractors should know

Australia’s vast mining and resources sector has an unquenchable thirst for infrastructure. Billions of dollars needs to be invested in roads, railways and port facilities to support the sector’s export chain.

Corrs in Brief: Implications of PPSA issues affecting mining services contracts

The PPSA is broad in its application and will impact on the mining industry. It is important that contracts contain comprehensive provisions dealing with the PPSA to ensure that a party who may have a security interest is adequately protected.

Corrs in Brief: From East to West - Implications for the mining and energy and resources industries arising from recent developments in security of payment cases.

In planning for mining and energy and resources development and any ancillary services, industry participants should consider the operation of the SOP Acts in determining how to structure related contracts.

Recent environmental decisions concerning energy & resources projects

This In Brief addresses three recent cases of relevance to Energy & Resources Projects.

Our Experts

CHEWAndrewWEB

Andrew Chew

Partner Sydney +61 2 9210 6607
Andrew Lumsden.jpg

Andrew Lumsden

Partner Sydney +61 2 9210 6385
Bev Kennedy.jpg

Beverly Kennedy

Partner Melbourne +61 3 9672 3404
Bruce Adkins.jpg

Bruce Adkins

Partner Brisbane + 61 7 3228 9431
Christian Owen.jpg

Christian Owen

Partner Perth +61 8 9460 1708
CORKEClareWEB2

Clare Corke

Partner Melbourne +61396723255
DeFLAMINGJackWEB

Jack de Flamingh

Partner Sydney +61 2 9210 6192
John Kelly.jpg

John Kelly

Partner Brisbane +61 7 3228 9368
Mark Van Brakel.jpg

Mark van Brakel

Partner Perth +61 8 9460 1722
HARRISONMichaelWEB

Michael Harrison

Partner Sydney +61 2 9210 6429
Michael Mcginley.jpg

Michael MacGinley

Partner Brisbane +61 7 3228 9391
Phillip Wilson.jpg

Philip Wilson

Partner Perth +61 8 9460 1663
Robert Franklyn.jpg

Robert Franklyn

Partner Perth +61 8 9460 1706
Russell Phillip.jpg

Russell Philip

Partner Perth +61 8 9460 1673