Mining & Resources

Lavan’s highly experienced Mining & Resources team is renowned for its straightforward, pragmatic and energetic approach to client transactions, delivering practical solutions to even the most challenging of issues.
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Mining & Resources

Lavan’s Mining & Resources team has extensive experience advising global mining companies, financiers, investors, government, developers, suppliers, engineering and construction firms, operators of infrastructure and individuals, nationally and internationally on all aspects of the life cycle of a mining project.

This includes advice on structuring for maximum protection and tax efficiency, permitting, exploration activity contracts, development and construction, corporate governance issues, commercial contracts procurement and general mining advice.

We pride ourselves on understanding our clients and their businesses, ensuring we proactively identify issues and provide appropriate, proactive solutions. Having a highly commercial approach, the quality and depth of experience and expertise of our team will help you achieve your objectives.

“At Lavan we strive to be more than technically proficient lawyers. We offer our clients a pragmatic approach to business and a real life understanding of the law that ensures we deliver the most appropriate, practical and commercial advice.”

Dean Hely, Managing Partner

Corporate

Lavan’s renowned Corporate lawyers regularly work on high profile resource sector related mergers and acquisitions (including by way of auction and regulated investment into, and takeovers of, listed entities), joint ventures and farm-ins and farm-outs. We also provide advice on corporate governance (including Corporations Act, ASX Listing Rules and ASIC compliance), risk management, shareholder meetings, processes and disputes, due process and directors’ duties.

At Lavan, we approach each transaction with both a legal and commercial mindset to ensure that our clients have the best possible outcome.

Capital Raising

Lavan’s Capital Markets team has broad and deep experience advising on both initial listings and on raising further equity capital on the secondary markets.
We help guide companies through the listing process whether through the “front door” via initial public offering or the “back door” via reverse takeover.
In the secondary raising markets, we have acted for both issuers and underwriters / managers across a range of offer structures including private placements, rights issues, priority offers, bonus issues and share purchase plans. We are experienced in structuring offers in compliance with regulatory requirements, negotiating underwriting and offer management agreements, and preparing required disclosure / offer documentation.

Private Equity

Our highly experienced Private Equity team regularly advises on all aspects of private equity transactions, including portfolio acquisitions and divestures both for funds and for investee entities. Our lawyers are commercially attuned to the rapidly moving market standards both nationally and internationally, particularly in emerging markets. With a talent for aligning transaction terms to the investment risk profile, our lawyers skillfully help guide clients through their transactions.

Finance

Lavan’s globally experienced Finance team provides services to borrowers, lenders and other market participants on all forms of financings. The team regularly advises on financing transactions involving mining projects, resources and companies.

The team offers pragmatic solutions to resolve complexities and facilitate the completion of transactions. Our comprehensive range of services and experience includes work with respect to mining related finance, structured finance, project and resource based finance, loan syndication, and PPSR advice.

Our team’s considerable experience acting for lenders in resource related transactions means we know what is required to achieve bankability and the success of a project.

Our team also regularly acts for both lenders and borrowers in relation to all other types of financing, including asset finance, debtor/cash flow finance, syndicated facilities and finance related advice including advice on compliance and regulatory issues.

Mining Operations

Lavan’s internationally experienced Mining lawyers have broad experience with all mining related matters including exploration and joint venture arrangements, mining project agreements, farm-ins and farm-outs, offtake, royalties and access agreements.

Lavan’s team is well versed in day to day mining operational matters including tenements (applications, extensions, sale and transfers and wardens’ court matters), mining services, contract mining arrangements, transportation, goods and services and procurement contracts.

Foreign Investment

Having acted both for international clients investing in Australia and clients investing internationally, Lavan’s lawyers are commercially attuned to the rapidly moving market standards both nationally and internationally.

Lavan’s Foreign Investment team has an exceptionally strong skill set for advising in emerging markets, particularly in sub-Saharan Africa.

We have carefully cultivated relationships with local counsel to ensure our clients always have access to the highest level of legal advice.

With a talent for aligning transaction terms to the investment risk profile attaching to a particular jurisdiction, our lawyers skillfully help guide clients through their transactions.

Native Title and Aboriginal Heritage

Lavan’s highly regarded Planning and Environment team advises mining clients on the development of native title strategies for complex projects including the negotiation of native title agreements for the granting of mining tenements, implementation of Indigenous Land Use Agreements, representation of parties in the National Native Title Tribunal, Aboriginal Heritage agreements and dealings with representatives of native title parties and government agencies.

The team’s extensive experience in all aspects of Aboriginal Heritage and Native Title law means we have the skills and resources to provide comprehensive and coordinated solutions for large and small projects.

Construction, Infrastructure and Projects

Lavan’s Construction and Infrastructure team is one of Western Australia’s largest and most respected construction practices. The team has extensive experience with all major construction contracts used in Western Australia.

The team regularly acts for principals, head contractors, sub-contractors and consultants on the initial phases of mine development and construction projects including drafting and negotiating the terms of the contractual documents necessary for the implementation of those projects. Their work continues during the life of those projects including providing strategic advice in relation to various parties’ rights and obligations under those contracts.

Together with the Litigation team, we have also acted on some the largest construction disputes in Western Australia.

Employment and Industrial Relations

Having a strong background in dealing with the negotiation and implementation of enterprise agreements including the voting process, as well as preparation of employment policies and contracts in the mining industry, Lavan’s acclaimed Employment and Industrial Relations team regularly advises mining and resources clients.

Lavan’s lawyers are adept at reviewing industrial relations aspects of prequalification and tender submissions and commercial contracts, drafting Employee Relations Management Plans, and advising on compliance requirements. 

The team has extensive commercial and practical ‘front line’ experience in industrial relations and employment matters including assisting clients with workforce planning and the development of appropriate industrial relations strategies, such as for implementing major workplace change, and a wide range of statutory regimes.

Anti-Bribery & Corruption, Anti-Money Laundering and Anti-Slavery

Lavan’s ABC, AML and Anti-Slavery team advises on compliance matters, development of framework documents and provides updates to managers and executives concerning their statutory obligations in relation to anti-bribery and corruption, and promotes awareness among clients of their obligations under the recently introduced Modern Slavery Act to report on the risks of slavery in their operations and supply chains.

Cybercrime and Privacy

Lavan’s lawyers are regularly called upon to assist clients with their Privacy Act obligations including advising on protocols and staff training and assisting them in dealing with notifiable data breaches.  The team also provides advice on cyber risk allocation in contracts.

Planning

Lavan’s Planning team is one of the most experienced private sector teams in Western Australia. We have the expertise, industry knowledge and contacts to advocate our clients’ interests, expedite the approval process and make practical suggestions to ensure competitive deadlines are met.

The team regularly assists clients with application of, and compliance with, the Federal and State environmental protection legislation, due diligence for resource and property related projects and review administrative decision making in respect of environmental approvals and assessments.

We also frequently advise clients on the requirement, application for, and amendment of, environmental approvals under the State and Federal environmental legislation, and property rights and liabilities that attach to interests such as water and contamination, as well as providing guidance (audit support) regarding compliance with environmental obligations relating to approvals for mining tenements and development projects.

Health, Safety and Environment

Lavan’s HSE team provides comprehensive advice on all occupational health and safety issues, including policy and protocol development and advice on officers’ and directors’ liabilities under State and Federal safety legislation. The team regularly deals with matters arising from safety incidents including management of investigations.

Given the team’s strong understanding of the legislative regime governing safety in the mining sector, they are regularly called upon to advise clients on the pending changes to that legislation as part of the ongoing harmonisation process.

The team also provides advice on the development and enforcement of appropriate drug and alcohol policies and returning ill or injured workers to work.

Insurance

Having acted for major insurers and insureds, Lavan’s team has extensive experience in insurance policy review, policy drafting, advice on the impact of contractual clauses on insurance clauses, as well as extensive experience in D&O, professional indemnity, ISR, contracts risk and general lines insurance disputes.

Power Generation & Gas / Third Party Access

In this highly technical and complex area, Lavan’s experienced Energy & Infrastructure team advises clients on their rights and obligations under various energy supply and transport agreements, third party access regulations in relation to gas, electricity and rail matters and climate change and renewable energy regulator obligations.

The team has also advised on the establishment of the Western Australian state regulatory framework for third party access and system operations in the Pilbara electricity network and has external experience negotiating access to regulated and unregulated energy infrastructure.

Litigation, Arbitration and Dispute Resolution

Lavan has one of the largest Litigation practices in Western Australia. The team has assisted resource companies (minerals and oil & gas) in litigation and arbitration, including in some of the largest disputes in Australia and in appeals to the High Court of Australia.

The team regularly handles all manner of disputes and we recognise that your prospects of success are crucially dependent upon the experience, expertise, strategy and approach that we bring to our partnership with you.

Together with the Employment and Industrial Relations team, we deal with employee and union disputes, including strikes, right of entry disputes, wage claims and termination related disputes as well as advising employers on equal opportunity, discrimination and disability matters.