Drafting Mining Agreements: Practical Intensive
Issues covered include: Preparing binding term sheets, drafting mining projects sale agreements, mining rights agreements, royalty agreements, joint venture misadventures
Description
This practical seminar takes a fresh look at some drafting flaws commonly found in 5 different types of mining agreements that frequently come across a mining lawyer’s desk. With the use of first-hand agreements and case studies, our panel of speakers will illustrate where mistakes can arise during the initial drafting stage and guide you on how to avoid those missteps.
Attend and earn 4 CPD hours in Competency Area 2: Professional Skills
This seminar was recorded in WA on 17 September 2019
Chair: Alan Mizen, Principal, Mizen + Mizen
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: Best Practice in Preparing Binding Term Sheets: What is Often Missed?
With real life examples, explore key issues and concerns to be considered when preparing term sheets that are often missed, leaving the way for uncertainty between the parties.
Presented by Hayley McNamara, Principal, Mining Access Legal
9.50am to 10.35am: Drafting Mining Projects Sale Agreements: Some Common Flaws
- Contract drafting, including warranties and indemnities: checklist and common errors
- Transfer of tenements
- Structuring and regulatory considerations
- Special considerations, including contractual allocation of environmental legacy issues
- Environmental liabilities and legacies
- Tax implications and stamp duty for agreements
Presented by Luke Nicholls, Counsel, Allen & Overy; Rising Stars - Energy and Resources, Doyle’s Guide 2017
10.35am to 10.50am Morning Break
10.50am to 11.35am: Refining Mining Rights Agreements
- Drafting contracts for mining rights agreements
- Defining the mineral, and considerations on how it will be mined
- Dealing with co-mineralisation
- Shared access to infrastructure and competing processing considerations
Presented by Goran Galic, Partner, Allen & Overy
11.35am to 12.20pm: Royalty Agreements: What Matters?
- The essence of a royalty
- Product, revenue and deductions
- Administration of and securing the royalty
- Stamp duty: royalty caps
- Comparative analysis: commodity pre-pays and streaming
Presented by Alex Jones, Partner & Mining Sector Global Co-Chair and Joanne Steer, Special Counsel, DLA Piper
12.20pm to 1.05pm: Avoiding Joint Venture Misadventures: The Dos and Don’ts of JV Agreements
- A recap: Why use a joint venture?
- Critical preliminary questions: checklist
- Brief overview of a (good) Joint Venture Agreement
- Examples of key provisions with drafting tips
- Who is contributing what?
- Management and operations
- Funding, expenditure and profits: Who controls the money?
- Dealing with a defaulting participant
- Exit strategies
- International joint venture aspects
Presented by Brendan Fyfe, Partner, Jackson McDonald
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
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.