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  • Energy, Resources & Projects

    The world’s leading energy & resource companies and financial institutions come to us for our full-service capability, technical expertise, regional coverage and deep sector understanding. Through our dedicated Energy, Resources & Projects team, we help manage complex regulatory requirements, fund growth, negotiate deals and navigate Australia’s foreign investment regime.​​

    Fuelled by China’s unquenchable thirst for resources, Australia’s notoriously cyclical energy & resources sector is back to its boom time best.  In the wake of the global financial crisis, energy & resources has returned to growth faster than expected and is experiencing a significant rise in commodity prices, a healthy pipeline of projects and an increasing appetite for mergers & acquisitions.

    With this success comes challenge, with our clients experiencing competitive tensions, regulatory scrutiny, labour shortages and a returned focus towards sustainable development.  In recent times, the market has seen the proposed introduction of the controversial Minerals Resource Rent Tax, significant investment flows into renewables and a proposed harmonisation of occupational health and safety laws nationally.

    At the forefront of these market developments, our dedicated Energy, Resources & Projects team brings together leading corporate, finance and specialist lawyers throughout our international network.  We are focused on sharing insight into the business conditions and legal developments affecting our clients.  It is this insight that differentiates King & Wood Mallesons from other top-tier firms and enables us to provide innovative commercial solutions.

    As countries look to secure domestic supply of resources, we have been involved in some of the market's most significant resource-related deals.  Within these deals, including the world's first coal seam gas to LNG project involving Australia’s largest LNG gas sale to Chinese interests, and Chinalco’s proposed investment in Rio Tinto, clients called upon our full-service offering and regional presence to guide them through Australia’s foreign investment regime.

    King & Wood Mallesons continues to be at the forefront of the evolution of Australia's energy markets as they are shaped by privatisation, convergence, carbon challenges, regulatory reform and tightening supply/demand balance.  We have a long history in the energy sector, having been involved in industry transforming transactions and every major round of regulatory reform, including the introduction and development of wholesale electricity and gas markets.
  • Energy & Utilities
    • TRUenergy on its acquisition of EnergyAustralia's retail business, the Delta Western gentrader bundle for the Mount Piper and Wallerawang coal-fired power stations, and three power station development sites.
    • BHP Billiton on its energy arrangements in the Northwest of Western Australia, including: gas and electricity procurement, downstream gas sales, and gas transportation arrangements.
    • 200MW electricity supply contracts for the $1.5bn Collgar Wind Farm project, providing clean energy solutions to power up to 125,000 homes.
    • TRUenergy’s $2bn landmark acquisition of Energy Australia, the Delta Western gentrader bundle and 3 generator development sites as part of the NSW energy privatisation.
    • NEMMCO with the procurement and implementation of a wind energy forecasting system.
    • Infigen and Suntech on their bid for funding for Australia's first commerical scale solar power plants and on several wind farms.
    • Alinta Energy’s $2.9bn deleveraging transaction – the most complex restructuring in Australian corporate history.
    • APA and AGL consortium on the development of the 242MW gas-fired Diamantina power station at Mount Isa, Queensland.
    • Shenhua Clean Energy Holdings on all aspects of its acquisition of a 75% share in two Hydro Tasmanian wind farms in north-west Tasmania from Hydro Tasmania.
  • Infrastructure
    • Gladstone Ports Corporation in relation to regulatory approvals, native title and cultural heritage issues, extinguishment principles, tenure and project approvals and documentation for the development of the Wiggins Island Coal Export Terminal.
    • Mitsubishi Development and Mitsubishi Corporation in relation to the Murchison/Mitsubishi joint ventures. This includes joint ventures for the Oakajee multi-user port and the rail line required to enable Mid-West miners to access the Oakajee port.
    • BHP Billiton in relation to the expansion of the Goonyella to Abbot Point railway line.
    • Acting on all five major infrastructure asset divestments in the Queensland State Asset Sales Programme.
    • Northern Territory State Government on the procurement of a Marine Supply Base.
    • Gladstone Ports Corporation on the Balaclava Island port project.
    • RiverCity Motorway in relation to its successful bid for the North South By-Pass Tunnel and in relation to its subsequent IPO.
    • BHP Billiton on the proposed expansion of Abbot Point Coal Export Terminal and related issues.
    • BHP Billiton on the expansion of Cannington Facility at Townsville port.
    • Australian Rail Track Corporation on its Hunter Valley access undertaking and rail access contracts.
    • GrainCorp on its access undertaking for East Coast export terminals.
    • TRUenergy on the sale of 1/3rd interest in SEA Gas pipeline.
    • Southern Way Consortium as the successful consortium for the construction and operation of Peninsula Link.
    • A private equity firm in its acquisition and management of a number of electricity-related assets related to traditional, experimental and environmentally-friendly forms of generation.
    • QR National – $6.1bn privatisation of QR – the biggest equity sell down in Australia since the third tranche of Telstra.
    • Advising Sydney Water and the NSW Government on the successful refinancing of Sydney Desalination Plant for $2.3 billion. This deal was recently awarded 'Australia's Infrastructure Project of the Year' at the 2013 Infrastructure Partnerships Australia National Infrastructure awards.
  • Mining
    • Xstrata on a joint venture in respect of a proposed thermal coal mine at Wandoan (north-west of Brisbane), a project potentially valued at $15bn. Possible production levels are expected to range between 22 million tonnes per year up to 100 million tonnes per year.
    • BHP Billiton Mitsubishi Alliance in its $2.5bn acquisition of the New Saraji Coal Project from New Hope Corporation.
    • A syndicate of Chinese banks (including Bank of China and China Development Bank) in relation to the US$1.2bn financing of the Karara Iron Ore project. The complicated transaction involved FIRB approval and was signed in August 2010 at Parliament House in the presence of the Vice President of the Peoples Republic of China, Mr Xi Jinping and then Australian Prime Minister, Mr Kevin Rudd.
    • Mitsubishi Development and Mitsubishi Corporation in relation to the Murchison/Mitsubishi joint ventures. This included joint ventures for the Oakajee multi-user port and the rail line required to enable Mid-West miners to access the Oakajee port.
    • Hunan Valin in its acquisition of its 17.5% stake in Fortescue Metals for $1.2bn (Australia’s third largest iron ore producer). It was one of China’s largest direct investments in an offshore iron ore company.
    • CHALCO (Aluminium Corporation of China) on its successful competitive bid for the rights granted by the Queensland Government for the development of the $3bn Aurukun Bauxite Project.
    • Gladstone Ports Corporation in relation to structuring, negotiation and documentation of the Wiggins Island Coal Export Terminal, and advising on regulatory approvals, native title and cultural heritage issues, tenure and environmental project approvals.
    • Integra Mining Limited on the financing of its $64m Randalls Gold Project, achieving a significant outcome for the client in addressing a large number of due diligence issues, including in relation to native title and environmental approvals.
    • BHP Billiton in relation to its iron ore, nickel and alumina interests including in relation to electricity, mining contacts, gas and infrastructure issues.
    • BHP Billiton Iron Ore on its successful $205m acquisition of United Minerals Corporation.
    • Cliffs Natural Resource on its $530m takeover bid for Portman Mining Ltd.
    • Goldcorp Inc. on its $3.7bn acquisition of Andean Resources Ltd.
    • BHP Billiton in relation to safety and environment incident management and investigation regarding work place fatalities.
    • Glencore International on its strategic C$6.1bn acquisition of Canadian based grain handler Viterra.
    • ArcelorMittal on its joint takeover bid with Peabody Energy for Macarthur Coal.
    • BHP Billiton on the $705m acquisition of a number of HWE Companies (subsidiaries of Leighton Holding Limited) and assets.
  • Oil & Gas
    • Total on negotiations with the NT Government in relation to the development of an LNG processing facility for the A$20bn Ichthys LNG Project at Middle Arm Peninsula in Darwin.
    • Chevron on the structuring and development of the $40+bn Gorgon LNG Project. Our work has involved Government negotiations, land tenure, environmental issues, geosequestration infrastructure sharing, sale of equity to LNG buyers and other operational issues.
    • Chevron in relation to the pre-FID phase of the Wheatstone LNG Project.
    • BG Group/QGC on the QCLNG Project in Queensland (a $15bn world first coal seam gas to LNG project), including structuring/documenting the entire CSG to LNG supply chain and acting on the equity/LNG sales to CNOOC (representing the largest gas sales to China) and Tokyo Gas.
    • GDF SUEZ on the formation and operation of an unincorporated joint venture to develop and operate a proposed floating LNG plant.
    • PTTEP on the consequences of the Montara oil spill.
    • ARC Energy on the long term exploration and prospective gas offtake agreement with Alcoa.
    • Woodside on its acquisition of Shell’s North West Shelf oil interests (including FSPO interest).
    • Wesfarmers, Chevron, BHP Petroleum and Epic Energy on the negotiation of domestic gas sales arrangements.
    • DBP on its entire gas transport portfolio for the Dampier to Bunbury Natural Gas Pipeline and access regime.
    • Woodside on its sale of its Mauritian petroleum interests.
    • Coogee Resources on its US$270,000,000 secured debt facilities - this deal won the Euromoney Project Finance Deal of the Year 2007.
    • Mitsui E&P on the acquisition of a 40% interest in the Enfield Project and associated acreage.
    • Arc Energy on the financing of the acquisition of Dongara field.

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  • Scott Gardiner
    Energy, Resources & Projects Sector Leader
    Managing Partner Energy Resources & Projects China
    Sydney
    T: +61 2 9296 2158
    M: +61 419 533 313

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