Energy and Resources
"A highly specialised group of people, focused on areas of true expertise." "I don't think we could have got better advice and service anywhere else." Chambers Asia Pacific 2012
Australia’s energy and resources industry has seen numerous developments and legislative changes in recent years. A strong demand for energy and natural resources assets, coupled with changes in national competition policy, state government reforms and a growing international focus on cleaner energy supplies are driving transaction activity across the Asia Pacific.
Complex national and state regulatory frameworks have undergone some significant changes that have affected each level of the energy supply chain, from electricity and gas markets to network access arrangements and licensing requirements.
The Australian resources sector is also experiencing an unprecedented boom. Strong demand from China and India for coal, iron ore and liquefied natural gas is driving a significant surge in new investment across Australia’s mining and energy sectors.
We advise on all aspects of energy and resources projects, including finance, acquisitions and disposals, development, construction, regulation and operations. Our team’s mix of corporate, regulatory and project experience enables us to advise on a project’s entire lifecycle in all areas of this sector, including energy and utilities, mining and resources and renewable energy.
- Project development and commercial arrangements
- Acquisition and project finance
- Foreign Investment Review Board (FIRB) requirements
Energy & Utilities
Gilbert + Tobin is a market leader providing critical corporate M&A, project development, competition and regulatory advice that has helped shape the energy and utilities sector in Australia. We provide advice on all aspects of energy and utility regulation and transactional advice for a diverse range of clients including energy retailers, electricity and gas transmission businesses, oil and gas producers, generation businesses, regulators, market managers and investment banks. We also advise clients on Australian Competition and Consumer Commission (ACCC) investigations, including formal demands for the production of information and documents.
We have been heavily involved in the formulation and application of the legal framework for economic regulation of energy network businesses. Through our involvement in various electricity and gas price reviews and merits review processes in the last few years, we understand the significant legal and commercial implications of the National Electricity Law and Rules, which means that Gilbert + Tobin is well-placed to assist clients to ensure an optimal outcome from the regulatory process.
Mining & Resources
Our mining and resources practice regularly advises publicly listed and private Australian and international companies involved in resource exploration, development and mining. Commodities include base metals, coal, copper, diamonds, gold, iron ore, mineral sands, nickel, uranium, pearls, salt and timber. In particular, our expertise covers hard rock mining, oil and gas and resources projects in emerging economies, particularly Africa.
Gilbert + Tobin recently integrated the leading mining and resources practice of Blakiston & Crabb in Perth. Apart from being highly experienced resources lawyers, partners of both firms have been non-executive directors of listed and unlisted exploration, mining and gas companies, and have first-hand experience of the legal and commercial issues facing these businesses.
Our services include:
- All aspects of M&A involving mining and resource assets, including public company takeovers and schemes, private acquisitions and disposals, due diligence (including tenement searches) and regulatory approvals (including Foreign Investment Review Board).
- Negotiation and documentation of state agreements, farm-in agreements, joint venture agreements, sale and purchase agreements, option agreements, royalty agreements, split commodity agreements, compensation agreements and toll treatment agreements.
- All aspects of mine development, including engineering, procurement and construction contracts and off-take contracts.
- Infrastructure solutions for development projects including rail and port arrangements.
- Environmental regulation and strategic cropping legislation.
- Native title implications of resource and other project development and compliance issues under the Native Title Act.
- Warden’s court matters, including objections to tenement applications and other disputes and occupational health and safety regulations.
- Financing and hedging facilities.
Commercialising alternative energy sources is a relatively new phenomenon in the Australian market. Gilbert + Tobin has a proven track record in this emerging area, advising major industry players such as Infigen and AGL on numerous wind farm projects around Australia, as well as advising bidders in relation to the Commonwealth Government’s Solar Flagships Program.
As a result of our involvement in this sector, we are well placed to anticipate the issues likely to arise in the construction and financing of key renewable energy projects, by providing renewable energy companies and wind farm investors with seamless, integrated advice and transaction management that meets their objectives.
Partners and Special Counsel
Other Team Members