Our Partners have experience in the following kinds of matters:

Obtaining Project Tenements

  • Acting for an ASX listed miner in obtaining project tenure under Mineral Titles Act including securing native title agreements, Territory Government approvals and third party services agreements
  • Acting for junior ASX listed explorers to obtain acreage including through farm-in and joint venture agreement, 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
  • Mining Management Act
  • 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 assessment of projects, including Environmental Impact Statements under Environmental Assessment 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

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