Resources Law

Mining Services

Our team has decades of experience with mining services and project across Australia. Drilling, tunnelling, infrastructure, civil and capital works in and around mine sites are our speciality. We have backgrounds in advising and preparing documentation relating to large scale projects, operational environments and the related logistical enterprises, such as the construction of roads, camps, utilities, large scale electrical wiring, plumbing and pipes. We have experience with the end to end mining cycle, including survey arrangements, blasting and safety essentials, crushing and screening of ores and other material, and the transportation and warehousing of the end result.

Our team regularly assist and review client contracts relating to this areas, especially contracts requiring special attention to issues such as special carriage conditions, hire and use of plant and heavy equipment, dangerous goods, latent conditions, force majeure, environmental factors, site accessibility, geo-technical reports, variations, cost plus arrangements, risks, insurable events and indemnities. We can prepare each of our clients contracts, specific to our clients individualised needs, and provide associated recommendations, negotiations and advice.

Joint Ventures

We are continually advising clients on methods to optimise their utilisation and commercial portfolios. We can provide advice on setting up a JV entity to combine and utilise the resources and power of two or more individuals or companies or to help encourage the use of indigenous labour. We provide both incorporated an unincorporated tax structures and hybrids of structures as required. We can advise on the appropriateness of having a share arrangement in place and whether a restructure or transfer of assets is suitable. We will provide advice outlining the potential tax implications of transferring assets in to separate companies, and whether a partnership or limited liability partnership is a viable alternative. We can assist you in considering securing any of your assets separately to the new JV, and whether there are any IP or other associated risks in merging two entities.

Extractive Industry

Greenmonts act for a number of quarrying operations, where the focus is on the extraction and use of natural resources. We can advise on the comprehensive regulatory framework that underpins quarrying regulations in Australia and will assist in attaining council, local government and commonwealth assessment and approval for the exploration and extraction of minerals and earth. We can assist in applying for work authorities and receiving confirmation of grants of exploration licenses, assessment leases, permits or other. We provide the same attention to detail as with our mining legal services while taking into account additional requirements such as planning matters, interaction with concrete batching plants, the community perception where there are nearby local populations, the long term rehabilitation, native vegetation, controlled actions, landfill and the effects of the restoration of the quarry after extraction ceases.

Transport & Warehousing

We understand that integral to success in the resources sector is the utilisation of successful transport and warehousing logistics. With decades of industry experience with long haul, heavy haulage, special freight legal requirements with some of the largest operators in Australia, our team can provide advice and documentation for any aspect in this industry. In addition to advise and preparation of sophisticated transport contracts and associated terms of trade, we have acted for transport companies in dangerous goods actions, chain of responsibility matters, carbon tax, fuel levies, owner driver legislation, sub-contracting, leasing of vehicles, M&A, leasing of warehouse space, drug & alcohol policies, and much much more.

Native Title

When assisting with mining, construction and property transactions we will review and consult whether Native Title or similar heritage or sites of significance encumbrances exists. Armed with experience, our lawyers can enter into negotiations with parties to a native title arrangement and will negotiate terms having full consideration of both the mining and native title rights. This process includes allowing a communication strategy, negotiating specific terms, procedures and timeframes, employing an implementation plan, and recognising royalty and profit share agreements. We will prepare the agreement ensuring specific reference is made to mutual respect and recognition, commencement and expiry of agreement, warranties and specific authority, the native title rights, compensation, description of area, mining party rights, access, liaison/management/advisory committees, consultation, method of payments, environmental and cultural heritage, impact on environment, employment and education opportunities, grant and renewal of lease, unforeseen circumstances, notice, amendment and remedies in the event of breach.

If you are concerned about the Native Title implications on any proposed mining or construction projects, our skilled lawyers can assist by reviewing arrangements or agreements and will ensure coexistence of native title and mining rights. If a dispute does arise, we can assist in resolution having full consideration to the honesty, respect and confidentiality concerns paramount to aboriginal heritage.