A recent decision of the National Native Title Tribunal (the Tribunal) significantly expands activities that can be considered 'community or social activities' for the purpose of whether the expedited procedure under the Native Title Act 1993 (Cth) (NTA) applies. In Michael Ross & Others on behalf of the Cape York United Number 1 Claim v Lithium Australia NL and Another  NNTTA 11, Member McNamara decided that the expedited procedure under section 32 of the NTA did not apply on the basis that the native title party ran cultural tours on the land the subject of a mining exploration application.
Energy and Resources
We advise on all aspects of energy and resources projects, including finance, acquisitions and disposals, project development and delivery strategies, construction, procurement, 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, mining, oil and gas as well as renewable energy.
We regularly advise publicly listed and private Australian and international companies involved in resource exploration, development, mine closure, remediation and mining. Commodities include base metals, coal, copper, diamonds, gold, iron ore, mineral sands, nickel, platinum, rare earths, uranium, pearls, and salt and timber. We also have extensive experience in coal bed methane, gas and other hydrocarbons. In particular, our expertise covers projects in emerging economies, particularly Africa.
- 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 and oil and gas production, including engineering, procurement and construction contracts and off-take contracts.
- Infrastructure solutions for development projects including pipelines and rail and port arrangements.
- Financing and hedging facilities.
- 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.
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 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.
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.
- Gilbert + Tobin was named Australian Law Firm of the Year (100-500 lawyers) at the Australasian Law Awards 2016 and also won the Energy & Resources Deal of the Year (Transgrid privatisation).