Mining Agreements: Drafting Intensive

In this information-packed guide to drafting mining agreements, seize this moment to perfect your skills in understanding and constructing a spectrum of agreements including royalty agreements, mining rights, joint ventures and project sale agreements. Explore how legislative changes have impacted on these agreements.

Monday, 1 July 2024
Description

Attend and earn 4 CPD in Substantive Law
This program is applicable to practitioners from all States & Territories

* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules

*Original Content was created in 2022

 

Chair

Leigh Warnick, Barrister, Francis Burt Chambers

Constructing Royalty Agreements
  • Types of royalties
  • Creation of royalties
  • Registration and notification issues
  • Enforceability against third parties
  • Impact of insolvency proceedings

Presented by David Perks, Partner, Dentons Australia; Best Lawyers 2023, Mining Law, Natural Resources Law, Energy Law, Oil and Gas Law, Equity Capital Markets Law, Corporate/Governance Practice

Drafting Mining Rights Agreements
  • What do these agreements do? 
  • What is the reason to enter into a mineral rights agreement and how do they differ from other common agreements affecting tenure rights and allocations?
  • Key risks and issues inherent in mineral rights agreements
  • Discussion of different strategies for dealing with these key risks and issues

Presented by Paul Harley, Partner, HopgoodGanim; Best Lawyers 2023, Mining Law, Natural Resources Law; Recommended Energy & Resources Lawyer, Doyle’s Guide 2021

Joint Venture Agreements
  • Understanding joint ventures and how are they structured?
  • Exploring the key legal issues

Presented by Bruno Camarri AM, Consultant, Herbert Smith Freehills; Best Lawyers 2023, Mining Law; Energy Law; Natural Resources Law; Corporate/Governance Practice

Drafting Mining Project Sale Agreements
  • Contract drafting, including warranties and indemnities
  • Transfer of tenements
  • Structuring and regulatory considerations
  • Special considerations, including contractual allocation of environmental legacy issues
  • Mining asset sales

Presented by Bryn Davis, Partner, MinterEllison

Presenters


Bruno Camarri AM, Consultant, Herbert Smith Freehills
He was admitted to practice in Western Australia in December 1970. In July, 1973, he became a partner of the then law firm Muir Williams Nicholson and subsequently in 1979 a partner of Freehills. He retired as a partner in 2003 and subsequently has practised as Consultant with Freehills and latterly with Herbert Smith Freehills. Over the years, Bruno has practised as a litigator, a property and finance lawyer and since the 1980’s as a corporate lawyer, primarily representing clients in the energy and natural resources industries. Bruno has advised both private industry and government in a number of disciplines, ranging from joint ventures, sale and purchase of assets, public and private mergers and acquisitions, financing, construction, foreign and local takeovers, taxation, Stock Exchange listings, capital raisings, due diligence, titles (including native title) and technology transfer. He has also been a director of number of listed companies and large private unlisted companies. He is an active participant in community groups and institutions. In 2008, he was appointed a member in the general division of the Order of Australia (Queen’s Birthday 2008 honours list). He was a finalist for Western Australian Citizen of the year award in Community Services (2006); awarded: the Butterworth’s Lawyers Community Service Award (1998) and the St. Georges Rotary Community Services Award (1999); and Named a Paul Harris Fellow (1999) by the Rotary Foundation of Rotary International. In 1999 and 2000 he was nominated by the London based Euromoney legal group Survey as one of the world’s leading energy and resources lawyers. In April 2022, Bruno was selected by his peers for inclusion in the 15th Edition of The Best Lawyers in Australia for his work in: Corporate / Governance Practice, Energy Law, Mining Law and Natural Resources Law.


Bryn Davis, Partner, HFW Australia
Bryn Davis was a Partner in MinterEllison's corporate team in Perth. He is a merger and acquisition (M&A) transaction specialist with more than 11 years' experience within MinterEllison's corporate team. His expertise spans buy- and sell-side transactions for public and private clients, particularly in the energy and resources, agribusiness and technology sectors. He also advises on ongoing operational matters such as capital raising, commercial contracting, continuous disclosure, corporate governance, divestments, joint ventures, restructures and regulatory communications. His particular focus is on inbound investment, having advised SOEs, listed entities and private businesses on how to navigate the complexities of Australian corporate law, the foreign investment regime and manage other key regulatory risks. Bryn is a member of the Corporations Committee of the Business Section of the Law Council of Australia and the Resources Committee of the Australia China Business Council.


Paul Harley, Partner, Thomson Geer
Paul advises on a wide range of transactions and issues in the project lifecycle, including resource, infrastructure and land tenure issues, corporate and commercial matters and project acquisition, divestment and structuring. He has experience on financing projects, from an equity and debt perspective, having gained experience in both London and Sydney working with international lenders and equity stakeholders on M&A transactions, project development and project financing. Paul acts for a mix of resources and energy companies, infrastructure clients and mining service providers. He has been involved in the resources and energy industries in Western Australia throughout his career having worked at international firms, regulatory bodies and as a principal in niche firm Hunt & Humphry which merged with HopgoodGanim on 1 July 2017. Paul is repeatedly recognised in leading publications, listed as a Leading Energy & Resources Lawyer by Doyle's Guide, Western Australia 2018 and 2019. Most recently Paul was named in The Best Lawyers™ in Australia editions as a leading Australian practitioner in Mining Law 2020-2023; and Natural Resources Law 2022-2023.


Leigh Warnick, Barrister, Francis Burt Chambers
Leigh Warnick is a barrister at Francis Burt Chambers. He 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, in the fields of corporate and resources law. He has been recognised by Best Lawyers Australia for his expertise in both of these fields., Leigh is the author of a number of articles on State Agreements for resource projects. He is also one of the authors of Thomson, Warnick & Martin, Commercial Contract Clauses - Principles and Interpretation, published by Thomson Reuters.,


David Perks, Partner, MinterEllison
David co-leads the Corporate and Commercial team in Perth and has over 25 years experience advising some of Australia’s leading energy and resources companies. David has a broad range of corporate experience with particular expertise advising ASX 200 clients on large, complex and innovative transactions. As a highly-regarded corporate and commercial lawyer, David has been consistently ranked as one of Australia’s leading energy and resources lawyers in various directories. Recognised by his peers in The Best Lawyers in Australia for his work in Corporate/Governance Practice, Energy Law, Mining Law, Oil & Gas Law, Natural Resources Law and Equity Capital Markets (2013 to 2023), David is also ranked in The Asia-Pacific Legal 500. David also has expert knowledge of the Corporations Act, ASX Listing Rules, the petroleum legislative regime, the mining legislative regime and foreign investment regulation.

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Mining Agreements: Drafting Intensive

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