image of Tara MulroyTara Mulroy

Clayton Utz , T +61 7 3292 7138 https://www.claytonutz.com

A key member of the Brisbane Energy & Resources Group, Andrew concentrates on giving commodity producers a comprehensive service.

His primary focus is on finding imaginative and commercially sound solutions to their operational issues, particularly for mining and gas projects, underpinned by his strong knowledge of the front-end of major project delivery. This work has included port and rail take or pay contracts, rail expansions, the construction of rail lines over land subject to mining leases, operating agreements and joint ventures. Andrew's advice to the Queensland Competition Authority on the structuring of, and documentation for, user-funded expansions of the Central Queensland Coal Network was described by the Authority as "unique in Australia and possibly the world".

Complementing this work is Andrew's expertise in commodities sales, including sales and purchase agreements, coal sale agreements and commodities storage and handling, transportation and export, particularly at, to and from ports.

Andrew's understanding of where values lies in operations and sales also sees him advising parties on the acquisition and sale of mining and gas assets, while his qualifications as a solicitor in both Queensland and England and Wales allow him to advise on English documentation as well as domestic agreements.

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Expertise

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Energy and Resources

Commodities and infrastructure

Sugar Terminals Limited: Acted for Sugar Terminals Limited on its transition from asset holder to owner-operator of the sugar exporting ports in Queensland, including negotiating its sub-contracting arrangements with its principal sub-contractor and storage and handling agreements for the sugar exporting users at the ports.

Southern Ports Authority: Acted for Southern Ports Authority on its leasing, storage and handling arrangements with an exporter of iron ore, including assistance with the drafting of briefing and board papers for the Western Australian Government.

North Queensland Bulk Ports: Acted for North Queensland Bulk Ports on its dredging programme at the Port of Hay Point.

Queensland Competition Authority: Acted for the Queensland Competition Authority on Aurizon Network's proposed Standard User Funding Agreement (SUFA), a suite of documentation to permit user funded expansions of the Central Queensland Coal Network. This included:

  • advice on the proposed form of leases between the State, Aurizon Network and users;
  • risk allocation in a regulated environment;
  • rental methodology; and
  • the proposed form of construction agreement and maintenance obligations post construction.

Adani: Advised on its acquisition of, and ongoing operational advice for, the port operator at Abbot Point.


Mining and gas projects

Tokyo Gas – Queensland LNG Project: Advising Tokyo Gas in relation to their joint venture with Shell and CNOOC for the $26 billion Queensland LNG Project. Tokyo Gas is a minority non-operator participant in the project.  Andrew has advised on exercising rights, leveraging rights, contractual interpretation, strategy for variations to the project, and the exit of participants from other joint ventures in which QCLNG is a participant.

Stanwell: Advising on a number of gas swap agreements, forward sale agreements and gas transportation agreements.

Contractors: Acting for a contractor in respect of over 20 tenders for the provision of drilling services to LNG projects.

Peabody Energy: Advising on all aspects of its Australian business operations including all of its joint ventures, its finance arrangements, various rail and port take or pay arrangements and supply arrangements as part of its global restructuring and business improvement initiatives including with respect to the Group's US entities filing for protection under Chapter 11 of the US Bankruptcy Code.

See Energy and Resources

Corporate / M&A

Acquisition and sale of mining and gas assets

Grosvenor Mine: Advising Nippon Steel, Mitsui & Co, Shinsho, Nippon Steel Trading and JFE Mineral in respect of their acquisition of 12% of Anglo American’s Grosvenor mine.

APLNG: Advised on its $231 million acquisition of the Ironbark tenements from Origin.

ITOCHU Corporation: Acting on its farm-in into the Karin coal project.

Anglo Coal Asset Sale: Acting for potential purchasers in relation to Anglo American's sales of Foxleigh, Dawson, Capcoal, Moranbah and Grosvenor mines, including acting for the final bidder for Moranbah and Grosvenor.

AMP Capital and China Investment Corporation (CIC): Advising the consortium on its bid to acquire BG Group's A$6 billion LNG pipeline assets in Queensland.

Sale of Caledon Coal (in liquidation): Acting for the Liquidators in relation to the liquidation sale of Caledon Coal including WICET arrangements.  

Salim Group: Advising the parent company of MACH Energy in relation to their $320 million acquisition of Rio Tinto's Mount Pleasant mine in the Hunter Valley.

Divestment of coal portfolio: Acting for a vendor in respect of its divestment of a number of tenement holding companies.

See Corporate / M&A

Knowledge

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