Overview
Freehills has had a long association with the mining industry and is recognised as one of the leading practices advising in this sector.
Our reputation in the market has encouraged some of the largest global gold, iron ore, copper, nickel, zinc, alumina and coal producers to choose Freehills as their preferred adviser.
Freehills’ mining practice was recognised in the latest editions of industry benchmark publications, Chambers Global Guide and Asia Pacific Legal 500, where we achieved the highest possible ranking, confirming the team’s leadership position and affirming our strong reputation in this space.
Freehills’ size and national coverage means our team of professionals can provide the level of experience required, tailored to clients’ unique business needs. We have the resources to work on the largest projects whilst also being equally competitive on smaller scale projects requiring cost efficiency and agility.
Our team of experienced lawyers advise in all key areas within the mining industry including:
- mergers and acquisitions advice in respect of mining assets, including takeover bid and defence strategies and execution, schemes of arrangement and capital reductions
- farm-in, farm-out and joint venture structuring, establishment and implementation (including contract negotiation)
- foreign investment approvals
- state agreements
- mine and plant development, construction and engineering, operations and manufacturing, mining and haulage
- project structuring and financing
- tenders, purchases of major capital equipment, design, procurement, pit and plant construction
- project supply and sales agreements both domestically and internationally
- capital enhancement projects and outsourcing
- industrial and employee relations strategies
- native title and aboriginal heritage issues
- environment, health and mine safety
- taxation and stamp duty issues, and
- arbitration and dispute resolution.
Experience
The mining industry is a dynamic and burgeoning sector, both throughout Australia and internationally. Freehills’ Minerals team has established close relationships with many mining companies, investors, contractors, infrastructure providers (for example ports and rail) and consultants in the mining industry. We work closely in a vast range of situations to achieve successful outcomes with our clients.
In the mining sector we have worked for participants from all around the world. Our work covers all mineral types including iron ore, coal (and coal seam gas), gold, copper, zinc, lead, bauxite, mineral sands and uranium.
Mergers & Acquisitions
Our experience includes advising:
- Tata Power on its US$1.2 billion acquisition of a 30 per cent stake in PT Kaltim Prima Coal and PT Arutmin Indonesia and the US$950 million dollar financing of this acquisition
- Paladin Energy Ltd on its $1.23 billion off-market scrip takeover bid for all the full paid ordinary shares in Summit Resources Limited
- Centennial Coal Company Limited on its effectively simultaneous $1.1 billion sale of its 85 per cent majority stake in Austral Coal through Xstrata’s takeover and of its Anvil Hill project, with subsequent $600 million capital return
- Murchison Metals on the sale of a 50 per cent interest in the Jack Hills Iron Ore Project to Mitsubishi and the creation of joint ventures to develop rail and port infrastructure. Freehills has also advised Murchison in connection with its bid with Mitsubishi to develop the Oakajee Port
- Peabody Energy Corporation in relation to its $2.04 billion acquisition of Excel Coal
- Indophil in relation to Xstrata's 62.5 per cent acquisition of the Tampakan Copper-Gold project in the southern Philippines
Project development
Our experience includes advising:
- Citic Pacific on its new mine development at Cape Preston. We are also advising China Development Bank on the US$1.3 billion financing of this development
- Mt Gibson Iron on the development and operation of its Tallering Peak, Extension Hill and Koolan Island iron ore mines
- Windimurra Vanadium on the redevelopment and financing of the Windimurra Vanadium Project
- Babcock & Brown Infrastructure in relation to all aspects of the recently completed phase 1, of a three phase expansion, of the Dalrymple Bay Coal Terminal, one of the largest coal terminals in the world. The Dalrymple Bay Coal Terminal is a port facility located in Queensland, Australia, which exports metallurgical and thermal coal
- Barrick Gold on the operations of its gold mines in Cowal, Australia and Tanzania
- Universal Resources Ltd in relation to the Roseby copper project joint venture with Xstrata
- Wesfarmers Coal on the Foxley Mines joint venture bid.
