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Energy and resources

Recent matters

BG Group alliance with QGC
The deal enabled our client BG Group Plc (formerly British Gas) to acquire interests in coal seam gas tenements in Queensland from Queensland Gas Company Limited ("QGC"), an ASX listed Australian oil and gas explorer, as well as a take direct minority shareholding interest in QGC itself. As part of the deal, BG has formed an overarching alliance with QGC, the ultimate objective of which is to establish an (estimated) AUD $8 billion world-scale LNG export facility in Queensland. Mallesons is continuing to act for BGI in the establishment of the $8 billion LNG export facility at Gladstone in Queensland.

Privatisation of Masinloc coal-fired thermal plant
We acted for AES Corporation in its bid for, and US$1.1 billion financing of, the Masinloc Coal-Fired Thermal Power Plant located in the Philippines. At the time this was the largest of the new privatisations of the electricity industry in the Philippines being conducted by the Government.

Queensland wind farm privatisation
We acted for ANZ and Westpac on their funding for the acquisition of a portfolio of wind farms from the Queensland Government.

Challenger - acquisition of Gasvalpo gas distribution business
We assisted Challenger Management Services in the acquisition of a distribution pipeline business in Chile, including the corporate holding structure located in a number of jurisdictions. The completion and debt funding involved a number of difficult cross-border issues and a complex international restructuring.

Woodside - Sale of Mauritania interest
We acted for Woodside in the sale of its Mauritanian assets to PETRONAS Australia Pty Limited, a subsidiary of the Malaysian Government-owned oil and gas company Petroliam Nasional Berhad, for consideration of approximately US$418 million.

Synergy SP08
We are acting for Synergy in a project to secure power supply for Western Australian retail needs and take account of the need for Synergy to find alternative sources to the electricity currently provided by Verve Energy. This project is further to Mallesons work on 300MW of new generation capacity in the Western Power Corporation power procurement stage 2 matter conducted in 2005/2006 and two displacement tender processes for Synergy securing approximately 250MW of new generation capacity including from renewable sources.

Mitsubishi - Murchison Joint Venture
We acted for Mitsubishi Development Pty Ltd and Mitsubishi Corporation in relation to the establishment of an incorporated mining joint venture and separate unincorporated rail and port infrastructure joint ventures with Murchison Metals Ltd.

Woodside Northwest Shelf Oil acquisition
We are acting for Woodside in their acquisition of Shell's NWS Oil interests for a consideration of approximately US$398.5 million.

Gindalbie - Appointment of Verve Energy
We advised Gindalbie Metals Limited in the appointment of Verve Energy, Western Australia’s leading energy producer to underpin the electricity supply to the Karara iron ore project in Western Australia’s Mid-West region.

Wiggins Island Coal Terminal
We are acting for Gladstone Ports Corporation (a Queensland Government owned corporation formerly known as the Central Queensland Ports Authority) in relation to the $4 billion development of the Wiggins Island Coal Terminal at the Port of Gladstone in Queensland. The Wiggins Island Coal Terminal, together with the associated rail and road infrastructure, will be the second major coal export facility in Gladstone and will have an ultimate capacity of 90Mtpa.

Worsley Alumina Pty Ltd - Project K
We acted for Worsley in the construction of a multi-fuel cogeneration facility and the purchase from the Griffin Group, of significant electricity supply for its alumina refining operations at Worsley. The use of novel power purchase agreements, along with the significant value associated with the deal, makes it significant to Worsley. The electricity arrangements are a key component of the $2.3 billion expansion of the Worsley Joint Venture’s mining and refining operations at Boddington and Worsley.

Sale by TRUenergy of the Torrens Island power station
We acted as Australian counsel to TRUenergy, a member of the China Light and Power Group, on the sale of its 1,280 MW Torrens Island power station in South Australia to AGL for $417 million.

Xstrata acquisition of Jubilee
This was one of the most significant successful takeovers completed in the mining sector in Australia for 2007/08. The transaction has established Xstrata plc’s presence in nickel in Australia.

Xstrata acquisition of Cumnock Coal Limited
We advised Xstrata in relation to its acquisition of Cumnock, effected by way of an equal capital reduction approved by Cumnock shareholders.

Palmary Enterprises acquisition of Consolidated Minerals
This was one of the livelier metals and resources takeovers completed in 2007/08, and was the first major investment in Australia by Ukrainian-backed Palmary Enterprises. We advised Palmary Enterprises on all aspects of this takeover and compulsory acquisition, including successful Takeovers Panel challenges to the unusual "Aussie Axe" top-up payment structure proposed by the rival bidder, and international restructuring to facilitate the holding structure.

BHP Billiton Iron Ore - Newman Power
We acted for BHP Billiton on arrangements with Alinta to expand their gas-fired power station at Newman in Western Australia, to provide electricity for the expansion of BHP Billiton’s iron ore operations in the Pilbara. The deal is significant because it is crucial to that expansion, which is significant to meeting the worldwide demand for iron ore.