Drafting Mining Agreements: Practical Intensive
213W17: Gain practical insights on recent legal developments affecting mining services agreements. Investigate the common pitfalls in drafting mining services agreements, including pricing, risk allocation and bankability issues. Learn how to effectively navigate negotiations with tenement holders and pastoralists under the law. Our panel of speakers will illustrate where mistakes can arise during the drafting stage and guide you on how to avoid those missteps.
Description
Attend and earn 3 CPD points including:
1 point in Competency Area 2: Professional Skills
2 points in Competency Area 4: Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Leigh Warnick, Barrister, Francis Burt Chambers; co-author, Commercial Contract Clauses - Principles and Interpretation, Thomson Reuters
Competency Area 2: Professional Skills
2.00pm to 3.00pm Concurrent Land Use Agreements: Negotiating with Tenement Holders and Pastoralists
- The legislative regime applicable to mining tenements in WA
- Objections to tenement applications before the Mining Warden
- Common pitfalls in drafting concurrent land use agreements
- Key issues to be aware of in other Australian jurisdictions
Presented by Matthew Roberts, Senior Associate and Peggy Thom, Senior Foreign Legal Associate, DLA Piper
3.00pm to 4.00pm Mining Services Agreements: Tips, Traps and Best Practice
- Tailoring your agreement for above-ground versus below-ground mining operations
- Effectively pricing and allocating risk between the owner and the contractor
- Ensuring continuity of mining operations and appropriate flexibility over the life of your mine
- Bankability issues: What will your lenders and their legal counsel be looking for?
- Recent legal developments affecting mining services agreements
Presented by Phil McKeiver, Consultant, Gilbert + Tobin; member, Infrastructure Standing Committee, WA Chamber of Minerals and Energy
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Mining Rights / Mineral Sharing Agreements
- Drafting contracts for mining rights / mineral sharing
- Considerations when conferring the right to minerals
- Dealing with co-mineralisation and agreeing an appropriate priority regime
- Considerations regarding shared access to infrastructure and competing mining/extraction processes and facilities
Presented by Goran Galic, Partner, Allen & Overy; Recommended Energy & Resources Lawyer, Doyle’s Guide 2019; Best Lawyers 2019, Natural Resources Law’
Presenters
Leigh Warnick, Barrister, Francis Burt Chambers
Leigh Warnick practises in the fields of corporate, commercial and resources law. Before joining the Bar in 2013, Leigh spent many years working as a partner in major commercial law firms, where he gained extensive experience in the fields of mergers and acquisitions, corporate governance and major resource projects. He has been recognised by Best Lawyers Australia in the fields of corporate law, corporate governance and mining law.
Leigh also has some 18 years’ experience as a director of listed public companies.
Goran Galic, Partner, Allen & Overy
Goran is an energy and resources and projects specialist. He advises across all aspects of the ‘pit to port’ spectrum within the mining and petroleum sectors including on project acquisition, joint ventures, project development and infrastructure construction, operations and services arrangements and off-take. Goran advises on regulatory aspects of energy and resources projects in Australia, including in respect of environmental approvals and compliance. He brings considerable expertise in environmental and social compliance, including in the application of IFC Performance Standards and Equation Principles, in the context of significant LNG and mining projects in non-OECD jurisdictions.
Phil McKeiver, Consultant, Gilbert + Tobin
Phil has nearly 20 years' experience as a corporate and projects lawyer in private practice, government and major corporations (including with Telstra and Mitsubishi). He advises extensively on regulated infrastructure, major projects, mining, telecommunications, competition and regulation. Phil has also spent many years advising corporate and government clients on commercial, technology-related and compliance matters across a broad range of sectors which include IT, telecommunications, defence and infrastructure. He has also provided guest lectures and tutorials at several universities, run courses at the Governance Institute of Australia, and is a regular presenter at conferences.
Matthew Roberts, Senior Associate, DLA Piper
Matt is a projects lawyer, who advises clients across Australia at all stages of the exploration and mining project development life-cycle, with a particular focus on the early stages of development of hard rock exploration and mining projects. Matt assists clients in navigating various regulatory regimes, developing access to land and tenure solutions, and engaging with stakeholders, and advises in relation to the negotiation of land access and compensation agreements, tenement and share sale agreements, farm-in and joint venture arrangements, mining subleases, split commodity agreements and royalty agreements.
Peggy Thom, Senior Foreign Legal Associate, DLA Piper
As a Senior Associate specialising in major projects Peggy advises principally on non-contentious matters for a range of clients, including multi-national companies and domestic firms in the energy and natural resource arenas, with a current focus on extractives projects and associated regulatory regimes.
Peggy's extensive experience covers private, commercial enterprise and public sector work and includes a number of years in-house as legal counsel on power and engineering projects, as well as working for global law firms supporting owners and operators as well as developers, designers and specialised engineering and project management entities.
Venue
Parmelia Hilton
Level 1, Meeting Room, 14 Mill Street
Perth 6000
WA
Australia
Directions
Nearby Public Transport:
Train Stations - The Esplanade Station
Bus Interchange - St Georges Terrace Cloisters Green
Parking information
Parmilia Hilton - Valet Parking only - Click here to view rates.
Convention Centre - 100 metres from Parmelia Hilton. Click here to view rates.