Resources

Australia's vast natural resources sector, including minerals, gas and petroleum exploration, is being further opened up by globalisation. From industry restructuring to native title considerations, the legal and commercial issues of resources projects can be wide ranging and complex. 

Experience in abundance

Our clients are involved in diverse projects, from exploration and extraction of minerals, oil and gas, to upstream product treatment - electricity generation, alumina refining, aluminium smelting, oil refining and gas liquefaction.

We have the capacity to handle large, multi-party joint venture projects involving major issues relating to the environment, infrastructure, land use policy, native title, joint venture documentation, construction contracts, supply contracts, sales and contracts, project finance and tax and risk management.

Delivering value

In this sector, when success comes it's most often the result of long-term commitment, genuine know-how and resilience in the face of seemingly endless challenges.  We take a long-term view as well:  a partnering approach to each project, genuinely adding value and building relationships that are sustained over time.

Deacons' mining and natural resources team comprises leaders in Australian and Asian resources law supported by a large library of practical precedents developed from our extensive industry experience.

Our services

• exploration joint ventures
• mining and petroleum development agreements
• acquisitions and sales of resources and petroleum interests
• project financing
• environmental, heritage and indigenous issues
• offtake and marketing agreements
• pipeline and shipping transportation agreements
• strategies for project structuring and implementation
• mining, construction and operation agreements
• licensing and land access
• due diligence studies
• resources company floats and capital raisings
• advice on ASX Listing Rules and the Corporations Act
• advice on the AIM market of the London Stock Exchange.

• Legal update: “World’s First” Carbon Capture and Storage Legislation

  As part of the Commonwealth Government’s efforts to meet the challenge of climate change, it introduced and released the draft Offshore Petroleum Amendments (Greenhouse Gas Storage) Bill 2008.

  23 Jun 08 Jehann Mendis

• Legal update: New .au Domain Name Transfer Policy from 1 June 2008

  In last month’s Legal Update on Upcoming Changes to .au Domain Name Transfer Policy we noted that the Australian domain name administrator (auDA) had approved an implementation plan for a new policy on the transfer on .au domain name licences. auDA has now confirmed that the new policy will take effect on 1 June 2008.

  18 Apr 08 Michael Park

• Legal update: New Guidance Note issued by the Takeovers Panel on equity derivatives

  On 11 April 2008, the Takeovers Panel (Panel) released Guidance Note 20 - Equity Derivatives (Guidance Note) outlining when, and in what circumstances, the use of equity derivatives may constitute unacceptable circumstances and require disclosure to the market.

  17 Apr 08 Robert Sultan, Shane Bilardi , Natalie Trezise

• Legal update: Upcoming changes to .au domain name transfer policy

  The Australian domain name administrator (auDA) recently announced that it has approved an implementation plan for a new policy on the transfer of .au domain names licences. (It is the exclusive licence to use the domain name that is transferred, rather than ownership of the domain name itself.) This announcement follows auDA’s earlier acceptance of the recommendation from the 2007 Names Policy Panel that the current policy be relaxed to allow a registrant to transfer its domain names for any reason.

  27 Mar 08 Michael Park , Ka-Chi Cheung

• Legal update: Market volatility - ASX and ASIC respond

  Sensing a growing controversy, the ASX and ASIC have issued a number of media releases in response to market concerns, reminding market participants of laws designed to protect the integrity of markets. This update discusses the ASX and ASIC statements in light of the current apparent market volatility.

  17 Mar 08 Tim Woodforde

• Legal update: ACCC releases new draft merger guidelines

  The ACCC recently published its 2008 Draft Merger Guidelines for consultation. These guidelines are intended to provide an explanation of the framework the ACCC will apply when considering whether a merger or a proposed merger could substantially lessen competition in a market. Guidelines such as these issued by the ACCC from time to time, provide a useful overview of polices and procedures applied by the ACCC when reviewing proposed mergers.

  4 Mar 08 Jyoti Singh and Chris Mitchell

• Newsletter: Environment Matters - November 2007

  Welcome to the inaugural issue of Environment Matters, a quarterly environment and climate change newsletter that aims to keep readers up to date with the latest developments in legislation, case law, government policies and other matters that relate to one of the biggest issues facing us this century.

  23 Nov 07 Jacinta Studdert, Rebecca Hoare, Elisa de Wit, Felicity Rourke , Olga Hancock, Jennifer Trewhella and Jonathan Wilkinson

• Legal update: Australian Emissions Trading Scheme closer as National Greenhouse and Energy Reporting Bill released

  The Federal Government has released its National Greenhouse and Energy Reporting Bill 2007. The Bill lays the foundation for a single, national framework for reporting greenhouse gas emissions, greenhouse gas projects, energy consumption and energy production by corporations.

  21 Aug 07 Elisa de Wit , Jonathan Wilkinson

• Legal update: Waste not, want not

  Waste materials generated by commercial operators have the ability to fall outside the legal definition of ‘waste’ if their character is changed by processes such as recycling, reprocessing, recovery, purification, or through being sold. Whether the character of the material has changed sufficiently for it to no longer be defined as waste will depend upon the particular facts in each case.

  31 Jul 07 Elisa de Wit , Jonathan Wilkinson

• Legal update: Warming to an Australian Emissions Trading Scheme

  The Department of the Prime Minister and Cabinet has launched its climate change policy (Policy) and further details on an Australian Emissions Trading Scheme (AETS). The policy announcement endorses the recommendations of the Prime Ministerial Task Group on emissions trading.

  20 Jul 07 Elisa de Wit , Jonathan Wilkinson