Changing economic conditions are often felt at the mine mouth long before they appear on the balance sheet or the boardroom table. We are responsive to our clients’ needs as they adapt to the cyclical shifts in the global commodities markets. Our innovative solutions assist them to efficiently address these challenges and opportunities.
From startup to divestment or site closure, our mining team can provide a complete legal solution, covering everything from day-to-day operational issues to large scale international transactions and arbitrations.
Our lawyers have detailed knowledge of local regulatory environments, key project drivers and the market. We understand how the many components of a project interact with one another. Our team takes a holistic approach to project development, which enables us to offer a balanced assessment in the best interests of the project as a whole. We can assist you to identify, analyze, negotiate and document project structures and to maintain efficiency when the project is operational.
We are developing innovative solutions to some of the most complex and important issues facing the mining community today. These projects, while not only important in financial terms, are also breaking new legal ground in their treatment of difficult issues such as third party access to infrastructure and state agreements and concessions.
Mining is a truly global industry and we can provide the location-based assistance as well as the experience and skills that clients in this sector require.
Approvals and Environment
The key to success in obtaining the necessary approvals is a detailed understanding of the processes involved and the policy driving the regulations. Early identification of any issues that may require negotiation or compromise is essential, as is familiarity with the project or asset in question.
That knowledge can assist in addressing and responding to any potential stakeholder objections or media attention before they impact on the approvals process.
Labor and Safety
We advise on industrial relations strategies, drafting and negotiation of workplace agreements and on the employment aspects of acquisitions and divestments as well as mine start-ups or closures.
Our health and safety team is highly regarded and has assisted miners around the world develop comprehensive compliance strategies. Where accidents do occur, our rapid response teams are quickly on hand to support clients through the crisis, investigation and any claims.
Project delivery and Construction
We advise on the development of many of the world’s most significant mining projects, several involving the development of new railway systems, new ports and associated utilities.
We deal with the issues in a commercial and practical manner – many of our lawyers have engineering and technical backgrounds. Our team understands the balance that must be struck between adequate assurance of performance and appropriate assumption of risk and how these factors interrelate with price and timetable considerations.
We provide a comprehensive range of services for construction and infrastructure projects. This includes mining contracts (open cut and underground), procurement contracts, construction contracts and project documentation. We also handle contract administration and dispute resolution and arbitration.
Sales and Marketing
Our team is fully equipped to advise in relation to all aspects of sales and marketing agreements including:
- Pricing arrangements
- Output, capacity, allocation and adjustment arrangements
- Security for performance including long term delivery guarantees
- Financing arrangements, and
- Construction, operations and maintenance interface issues.
We draft and negotiate all forms of offtake agreements including: take or pay, take and pay or blended contracts, as well as spot sales and long term sales agreements.
We also provide advice in relation to marketing arrangements for offtake contracts including structuring marketing joint ventures, engaging in selection processes and preparation of all relevant marketing documentation.