Our Partners have experience in the following kinds of matters:
Obtaining Project Tenements
- Acting for ASX listed miners in obtaining project tenure under Mineral Titles Act including securing native title agreements, Territory Government approvals and third party services agreements
- Acting for ASX listed explorers to obtain acreage including through farm-in and joint venture agreements, tenement acquisition agreements and split commodity agreements
Aboriginal and Native Title Land
- Advising prospective miners on the “right to negotiate” process under the Native Title Act including negotiating and drafting native title agreements for grant of project tenements
- Negotiations with Aboriginal Land Councils (NLC, CLC, ALC and TLC) and Traditional Aboriginal Owners
- Preparing agreements for exploration on Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act and land subject to native title rights
Aboriginal Sacred Sites
- Advising companies of their legal obligations in respect to Aboriginal sacred sites
- Advising on issues with the Aboriginal Areas Protection Authority and obtaining Authority Certificates available under the Northern Territory Aboriginal Sacred Sites Act
Land Access
- Negotiating land access terms and conditions with landowners
- Preparing land access agreements for both resources and energy companies and landowners
Negotiating and Preparing Agreements
- Buying and selling of mineral and petroleum titles
- Farm-ins, farm-outs, and joint ventures
- Royalty agreements
- Split commodity agreements
- Option agreements
- Due diligence enquiries
- Gas sale and transport agreements
- Preparation of services agreements including drilling contracts, geophysical services contracts, mining services agreements, haulage agreements
Taxes and Stamp Duties
- Advising on the stamp duty consequences of tenement transactions
- Advising on issues with the Territory Revenue Office to determine appropriate tax treatment of transactions (before and after transactions occur)
- Concessional treatment of farm-in agreements in the Territory
Mineral Royalties
- Acting for miners and proposed miners in dealing with issues under the Mineral Royalty Act (NT) in determining the appropriate basis for mineral royalty payments
- Advising tenement holders on obligations to pay royalties under historical royalty agreements
- Interpreting complex royalty terms and conditions
- Complex tenure analysis for the purposes of determining rights under royalty agreements and other third party rights
Advice on Regulation
- Mineral Titles Act
- Environment Protection Act and environmental (mining) licences
- Petroleum Act
- Advice on corporate law issues and fundraising
- Assistance with ASX listing requirements
- Advice on employment issues
Environmental Issues
- Advising on assessment procedures and requirements for environmental impact assessment of projects, including under Environmental Protection Act (NT)
- Water Act (NT) obligations and exclusions with respect to mineral and petroleum tenements
- Advice on environmental issues under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act) and the Waste Management and Pollution Control Act (NT)
- Advising on issues with the NT Environment Protection Authority including under waste discharge licences
