Successful delivery of energy and resources to Australia's domestic and overseas markets requires understanding and management of a chain of interacting and interdependent risks and relationships. Feasibility can be highly sensitive to cost, time and quality variables, as well as to external market and economic factors.
Our team has decades of energy and resources experience. We know the drivers (political, policy, economic and practical) which influence decisions from feasibility through to project development. We can work with your project team to identify project-specific critical factors and establish a strategy for their management.
Our team provides a full range of services around the development and delivery of energy and resources initiatives in Australia and overseas, particularly in relation to mining, energy (including green energy) and water projects.
We have extensive experience advising industry participants on:
- Freight and materials handling (road, rail and ports)
- Construction and alliancing contracts
- Environmental law
- Joint ventures
- Capital raising
- Competition law
- Major procurement.
Our team, which includes environmental and OH&S experts, has particular expertise in relation to exploration and mining projects across Australia, including:
- Tenement acquisition
- M&A transactions
- Freight and materials handling
- IPOs and Capital raising
- Large scale mining project development
We regularly advise key service providers to the mining industry, including major engineering consultants, freight and transport companies, and precious metal refineries.
Our energy and water team has a long track-record in this sector. Bcause we work not only with users, operators and constructors, but also as advisers to governments and regulators, we can offer both a legal and a practical understanding of the functions of energy and water enterprise.
We have worked extensively on transmission, distribution, trading and retailing of energy since 2000. We understand the economic perspectives of energy and water users and the different types of market participants, as well as the position of policy makers and regulators. Much of our work has involved working with various stakeholders to address core industry policy considerations.
Our experience includes:
- Drafting codes and guidelines
- Advising on the application of laws, codes, guidelines, MOUs
- Advising on the National Energy Law and the National Energy Rules
- Advising on the Water Act, the Essential Services Commission Act, the Electricity Industry Act, the Gas Industry Act and the Water Industry Act
- Providing advice to regulators on their interactions with government or quasi-government bodies, including ombudsmen
- Procurement, such as EPC, EPCM and alliancing
- Water rights negotiation and finalisation
- Transport and logistics
- Facilities operation.
We advise our clients on their trade practices obligations when they are organising their supply arrangements and when entering into agreements with other businesses.
Our services include:
- advising clients on the Competition and Consumer Act (formerly the Trade Practices Act) and the introduction of the Australian Consumer Law;
- providing trade practices advice on the purchase or sale of a business, for example we provide specific advice on trade practices obligations and deal structuring;
- providing trade practices advice on supply contracts, such as drafting terms and conditions of sale, distribution agreements, licensing agreements to ensure the best possible outcome for our client and to ensure that they are compliant with the Competition and Consumer Act (formerly the Trade Practices Act); and
- negotiating with the ACCC and representing clients at meetings with the ACCC, for example, during an investigation.
Our team is experienced in assisting both government and private sector participants to develop procurement and tendering strategies designed to underpin successful outcomes. We provide advice to bidders and purchasers around bid activities, including:
- Procurement strategy and delivery models
- Tendering options
- Tender strategy and evaluation
- Post-tender presentations and negotiations
- Debt and equity funding models
- Probity and procurement policy
- Fiscal responsibility and gateway processes
- PPP/PFI models
- Alliancing and relationship contracts
- Design and Construct, Early Contractor Involvement, Operations and Maintenance and other delivery models
- Performance based and incentive based reward systems
- Consultation with tax specialists on tax effective financing structures and strategies and GST formulating
- Development of sub-developer strategies
- Transaction team co-ordination
- Safety and environment incident management.
The operations and maintenance and asset services industry involves a fundamentally distinct dynamic from that involved in asset delivery. Relationships in this industry will ideally endure for the long-term and will offer opportunities for continuous performance improvement and relationship enhancement.
Our team has many years experience supporting stakeholders involved in operations and maintenance of assets. We have represented principals, contractors and financiers involved in the operation and maintenance of:
- Economic infrastructure
- Social infrastructure
- Industrial estates
- Commercial towers
- Mining projects
- Safety and environment incident managementt.
Adding value in asset delivery starts from the ground up. Our team will work with your project team on:
- identifying key legal and commercial risks and opportunities during feasibility and business case definition
- Risk evaluation, management and planning
- Opportunities for transaction enhancement, financing and takeout strategy
- Aligning payment mechanisms and performance measures
- Evaluating key risks, including stakeholder risk, for benchmarking and optimal risk allocation
- Planning and zoning
- Delivery strategy
- Mixed-use developments and staging.
We use a co-ordinated approach across a number of departments in the firm to provide both broad and tailored advice on the structuring, implementation and documentation of financing transactions both through equity and debt financing. This includes structured property financing, subordinated and mezzanine debt and equity arrangements.
Our services include:
- negotiation with, or for, financiers to settle the terms of debt or equity funding
- due diligence for financiers and investors, and assisting borrowers to prepare for financing due diligence
- preparation or review of financing and security documents
- avoiding or advising on "deal breakers"
- preparation of disclosure documents, advice on compliance with the Corporations Act and agreements for equity funding
- project managing compliance with conditions precedent and reaching financial close.