image of Stuart MacGregorStuart MacGregor

Clayton Utz Partner , Brisbane T +61 7 3292 7623 https://www.claytonutz.com

Stuart MacGregor is the National Leader of our Energy and Resources Industry Group.

Stuart specialises in mergers and acquisitions, joint ventures, and regulation in the energy, resources and infrastructure industry

Stuart develops commercial solutions on minerals projects (including copper, gold, tungsten, lithium, rare earths, uranium and bauxite), coal, gas, hydrogen projects, carbon capture and storage, wind farms, solar, fuel storage and port and rail projects.

Clients value Stuart's deep knowledge of structuring of investments, joint venture and farm in arrangements, royalty and streaming arrangements, and long-term commodity agreements, coupled with his understanding of government regulation and land access issues.

Stuart's clients include some of the leading mining companies, trading houses and resource investment funds from Japan, Korea, the Americas and India.

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Expertise

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Corporate / M&A

Mining

Nippon Steel Corporation, Mitsui & Co., Ltd, Nippon Steel Trading Corporation, Shinsho Corporation and JFE Mineral Co., Ltd: Advised on the consortiums on its acquisition of a 12% interest in the Grosvenor coal mine. The transaction unlocked numerous debottlenecking, expansion and product blending options, resulting in considerable cost, productivity and margin benefits for the integrated operation.

Mitsubishi Corporation: Advising Mitsubishi Corporation as part of the BHP-Mitsubishi Alliance (BMA) joint venture on the sale of the Gregory Crinum mine in central Queensland to Sojitz Corporation

Coronado Coal: Acting on the potential acquisition of a number of Anglo's Australian coal assets.

EMR Capital: Acting on their bids for certain Anglo American Mines and the successful bid (with Indonesia's Adaro Energy) for Rio Tinto's 80% of Kestrel Mine for A$2.9 billion.

Siberian Coal Energy Company (SUEK): Acting in relation to various bids for Australian coal mining assets. 

Sale of Hail Creek: Advising a party in relation to the sale by Rio Tinto of the A$1.7 billion Hail Creek Joint Venture,

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

Adani Abbot Point: Acting in relation to Adani Abbot Point Operation's acquisition of Abbot Point Bulk Coal from Glencore.

Wesfarmers Asset Sale: Advising a bidder in relation to Wesfarmers sale of its Curragh mine in the Bowen Basin.

Peabody Energy: Advising Peabody's Australian Group with respect to 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.

JSW: Advising on their A$2 billion bid to acquire the Kevin's Corner and Alpha Coal project from Hancock Coal.

Antofagasta Minerals: Advising on all aspects of its investments in mining projects in South Australia, Northern Territory, Queensland and Western Australia.

Almonty Industries: Acting in the acquisition of the Woolfram Camp Tungsten Mine including a share placement of CAD 18.0 m on the TSX.

Japan Australia Uranium Resources Development (JAURD) and Itochu Corporation: Advising on the acquisition of a 35% interest in the tenements comprising the Lake Maitland uranium project in Western Australia.

Marubeni: Acted for the Japanese trading house in relation to the proposed acquisition of exploration and uranium mining projects in Queensland, South Australia and Mongolia, with a Canadian miner.

Noble Group: Acting in the merger of Blackwood Coal and Cockatoo Coal.

Itochu Coal Corporation: Acting in relation to its coal joint ventures in Australia.

Mitsubishi Corporation: Advising in relation to its member consortium $5.1 billion bid for the Central Queensland Coal Network.

Mears Group: Acting in relation to its Australian operations and the acquisition of Coe Drilling including cash and share consideration in Quanta Services Group listed on the NYSE.


See Corporate / M&A

Energy and Resources

Mining

Lithium producer: Advising a lithium producer on a major cross-border, long-term lithium supply agreements with leading international car manufacturers.

Sojitz Corporation: Advising on its acquisition of an interest in and rare earths distribution arrangements with Lynus Corporation including the 2019 review and renegotiation of Sojitz's arrangements with Lynus.

Northern European power utility company: Advising on long-term uranium offtake arrangements, transport, export and waste management issues.

Global utility company: Providing advice on regulatory obligations regarding recovery of radioactive material contained in measuring equipment sold in Australia including advice for all Australian States and Territories and advice on general licensing obligations on either the company or its importers/distributors of the radioactive material containing equipment.

Noble Group: Acting on all aspects of its multibillion dollar investment into resource projects in Australia, Africa and Mongolia, including debt and equity funding arrangements, joint venture, marketing, and off take agreements.

Peabody Energy: Advising Peabody's Australian Group with respect to all aspects of its Australian business operations including all of its joint ventures, its finance arrangements, various rail and port take or pay arrangements, port security and bonding 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.

Vale Australia: Assisting with a commercial settlement of the multi-million dollar Supreme Court claim against Bowen Central Coal by Aquila Coal.


Oil and Gas

Liquefied Natural Gas Ltd
: Acting for the project proponents in relation to the Gladstone LNG Project development on Curtis Island, including environmental and land access issues.

Origin Energy: Negotiating with Envestra for the retail Gas Distribution Agreements for South Australia, Queensland, Victoria Northern Territory and New South Wales.

Alcan South Pacific: Advising on the development of the Trans-territory pipeline including land access issues, advising on the tendering and procurement process for the construction of the pipeline and the gas transportation contract negotiations with a number of the Pipeline consortium.


Power and Utilities

Galilee Transmission Company: Advising on the regulatory framework to build, own and operate a 275 kV transmission line from the 275kV Powerlink substation at Strathmore (Collinsville) to the Carmichael Coal Mine owned by the Adani Group. His work includes:

  • Advising on regulation and required approvals under State and Federal Electricity Acts
  • Advising on the structuring of the investment through a trust structure
  • Preparing advice and providing comments on the Electricity Act (Qld) Authority and Special Approvals
  • Obtaining Transmission Authority and negotiating a frame work agreement with the State of Queensland.

AGL: Prepared standard retail contracts for small retail customers in NSW and South Australia.  This process included providing extensive advice regarding the NSW, Victorian and South Australia regulatory systems governing small retail customers.

Stanwell: Acting on the renegotiation of the complex Interconnection and Power Pooling Arrangements (IPPA) for the1640MW Gladstone Power Station and the 900MW electricity supply to the Boyne Island Smelter.

ElectraNet: Negotiated amendments to ElectraNet's connection agreement following the conversion of the Murrylink Interconnects from an entrepreneurial service to a regulated service.  Providing strategy in response to generators seeking access to the transmission system, under the Competition and Consumer Act 2010.

ElectraNet: Drafting and negotiating the transmission connection agreements, coordination agreements and relevant construction agreements on behalf of ElectraNet multiple Windfarm projects in South Australia. 

Stanwell Corporation: Acting in all aspects of the development of a co-generation power station at the proposed Queensland Coke and Energy Coke Plant at the Stanwell Energy Park. Stuart advised on cross-border leasing, native title and cultural heritage, water transportation and pipeline expansion issues, and coal unloading rail access issues.

See Energy and Resources

Mergers and Acquisitions

Mining

Sojitz Corporation: Advising in relation to its acquisition of an interest in and rare earths distribution arrangements with Lynus Corporation including the 2019 review and renegotiation of Sojitz's arrangements with Lynus.

Antofagasta Minerals: Advising on all aspects of its investments in mining projects in South Australia, Northern Territory, Queensland and Western Australia.

Almonty Industries: Acting in the acquisition of its Tungsten Mine in Queensland, including a share placement of CAD 18.0 m on the TSX.

Cockatoo Coal: Advised on the A$378 million recapitalisation of ASX listed Cockatoo Coal and associated merger with ASX listed Blackwood Corporation.

Anglo American's Coal Asset Sale: Lead Partner acting for a 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.

Adani Abbot Point: Acting in relation to Adani Abbot Point Operation's acquisition of Abbot Point Bulk Coal from Glencore.

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

Wesfarmers Asset Sale: Advising a bidder in relation to Wesfarmers sale of its Curragh mine in the Bowen Basin.

JSW: Advising in relation to their A$2 billion bid to acquire the Kevin's Corner and Alpha Coal project from Hancock Coal.

Vale Australia: Assisting Vale with a commercial settlement of the multi-million dollar Supreme Court claim against Bowen Central Coal by Aquila Coal.

Japan Australia Uranium Resources Development (JAURD) and Itochu Corporation: Advising on the acquisition of a 35% interest in the tenements comprising the Lake Maitland uranium project in Western Australia.

Marubeni: Acted for the Japanese trading house in relation to the proposed acquisition of exploration and uranium mining projects in Queensland, South Australia and Mongolia, with a Canadian miner.

Noble Group: Acting on all aspects of its multibillion dollar investment into resource projects in Australia, Africa and Mongolia, including debt and equity funding arrangements, joint venture, marketing, and off take agreements.

Noble Group: Acting in the merger of Blackwood Coal and Cockatoo Coal.

Itochu Coal Corporation: Acting in relation to its coal joint ventures in Australia.

Mitsubishi Corporation: Advising in relation to its member consortium A$5.1 billion bid for the Central Queensland Coal Network.

Tokyo Gas: Advising on their investment with British Gas and CNOOC for the Queensland LNG Project.

Mitsubishi Heavy Industries: Acting on its A$340 million acquisition into the ZeroGen carbon capture and storage project and pre-feasibility studies for a planned A$3.2 billion 530MW coal-fired power station and carbon capture and storage project.

Mears Group: Acting in relation to its Australian operations and the acquisition of Coe Drilling including cash and share consideration in Quanta Services Group listed on the NYSE. 


Oil and gas

Australia Pacific LNG: Advised on its agreement to purchase the coal seam gas project, Ironbark from Origin energy for A$231 million.

Lattice Energy: Acting for consortium bid in relation to the A$1 billion plus sale of the Origin Energy conventional gas assets. 

Origin Energy: Acting in the sale of the Surat Assets and tender process, including the sale of Joint Venture Interests and multiple Petroleum tenures and complex infrastructure relocation arrangements. 

Tokyo Gas: Advising on their joint venture with Shell and CNOOC for the A$20 billion Queensland LNG Project including upstream gas supply issues and Federal gas reservation policy issues.

Energy Minerals Group: Advising on the farm in acquisition of an earn-in interest in Pangaea Energy's tenements in the Northern Territory.

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.

Morgan Stanley: Acting on the acquisition, development of its retail fuel business in Australia.

See Mergers and Acquisitions

International Services

India

Stuart is the head of the firms India Practice and a regular visitor to India Stuart has assisting Australian clients looking to invest into India including refereeing them to market leading lawyers in the local Indian jurisdiction as well as assisting Indian clients with Investments into Australia.

See International Services

Native Title

Regulatory

Western Cape Communities Trust: Advised on the surrender of land and freeholding of tenure under the Western Cape Communities Co-Existence Agreement on Cape York, one of the largest Aboriginal trusts in Australia along with the review and structuring of the Western Cape Communities Trust.

Ely Beneficiaries Trust: Assisting 10 Aboriginal groups that are beneficiaries under the Ely Trust on Cape York to review and restructure the trust.

Department of Defence: Providing advice on native title and cultural heritage issues to the Department of Defence as part of a disposal and redevelopment of property in Western Australia and Victoria.

Brisbane City Council: Advised on native title and cultural heritage issues associated with the North South Bypass tunnel and other significant projects.


Oil and Gas

Liquefied Natural Gas Ltd: Acting for the project proponents in relation to the Gladstone LNG Project development on Curtis Island, including environmental and land access issues.

Alcan South Pacific: Advising on the development of the Trans-territory pipeline including land access issues, advising on the tendering and procurement process for the construction of the pipeline and the gas transportation contract negotiations with a number of the Pipeline consortium.

 


Power and utilities

Stanwell Corporation:
Acting in all aspects of the development of a co-generation power station at the proposed Queensland Coke and Energy Coke Plant at the Stanwell Energy Park. His advice included cross-border leasing, native title and cultural heritage, water transportation and pipeline expansion issues, and coal unloading rail access issues.

See Native Title

Infrastructure Access and Regulation

Ports and shipping

Adani Abbot Point: Acting for the lease holders and operator of Abbot Point in relation to all commercial port arrangements including price reviews, ad hock user arrangements, tenure and port and rail interface arrangements.  

Adani Abbot Point: Acting on Adani Abbot Point Operation's acquisition of Abbot Point Bulk Coal from Glencore.

Sothern Ports Corporation (Esperance): Acting on all aspects of their iron ore port services arrangements including all commercial port arrangements, termination of users, ad hock user arrangements, tenure and port and rail interface arrangements.

Various Resource Clients: Advising on shipping agreements and assisted in resolving disputes arising under those agreements, including demurrage claims and laytime disputes under both industry-standard contracting terms (eg SCoTA) and tailored agreements.

Macquarie Bank, Aurizon Brookfield: Advised Aurizon, Macquarie Group and Brookfield on their A$4 billion joint bid for the Wiggins Island Coal Export Terminal Port.

Sun Metals: Advising on all aspects of their interest in the Cannington Port facilities at Townsville including the expansion of the Port and recent bid for new birth at Port of Townsville. 

Newcastle Coal Infrastructure Group Port Project: Advised one of the New South Wales coal producers in relation to the development of the Newcastle Coal Infrastructure Group (NCIG) Port project. This involved the development of “ship or pay” user arrangements and shareholder arrangements for the development of the 30 mtpa NCIG Port.

Dalrymple Bay Coal Terminal (DBCT) user: Advising on operational and financial security issues to a user of the Dalrymple Bay Coal Terminal. 

Peabody Energy: Advising Peabody's Australian Group with respect to all aspects of its Australian business operations including all of its joint ventures, its finance arrangements, various rail and port take or pay arrangements, port security and bonding 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.

Townsville Logistics Services: Advising Townsville Logistics a subsidiary of (Sun Metals) on all commercial arrangements relating to transport and logistics for Sulphuric Acid and Mineral concentrate agreements with Glencore and South32.

Scorpio Logistics: Acting in relation to their proposed joint venture regarding the development of the A$400 million Fitzroy River Coal Terminal including onshore and off shore approvals process.

Mitsubishi Corporation: Acting for Mitsubishi Corporation in relation to their member consortium A$4.85 billion dollar bid for QR Central Queensland Coal Rail Stock Network.

Dudgeon Point Coal Port:  Acting for bidders in relation to the development of the Dudgeon Point coal port. 

Morgan Stanley Commodities: Acting on the acquisition and development of petrochemical facility in Queensland.


Gas projects

Alcan South Pacific: Providing advice on the development of the Trans-territory pipeline including land access issues, advising on the tendering and procurement process for the construction of the pipeline and the gas transportation contract negotiations with a number of the Pipeline consortium.


Electricity projects

Stanwell Corporation:
Acting in all aspects of the development of a co-generation power station at the proposed Queensland Coke and Energy Coke Plant at the Stanwell Energy Park. His advice included cross-border leasing, native title and cultural heritage, water transportation and pipeline expansion issues, and coal unloading rail access issues.

See Infrastructure Access and Regulation

Agribusiness and Food

Cannabis

Various international clients: Assisted international clients to invest in the Australian cannabis industry, including M&A, regulatory advice such as licencing cultivators and processors and other ancillary businesses providing goods and services to the cannabis industry in Australia.


Pastoral

Adani Group: Advised on the acquisition of the 122,000ha Moray Downs Cattle Property from the Acton family.

Various international mining companies: Acting for various international mining companies in relation to the sale, adjustment and leasing of their pastoral properties. 

Syndicate of banks: Acting for a syndicate of banks in relation to due diligence on the financing of Cubbie Station.

Mining and oil and gas companies: Acting for mining and gas companies in relation to land access and compensation issues and interaction between pastoral and farming land.  

See Agribusiness and Food

Renewables

Enel Green Power Australia: Advised on the proposed acquisition and development of the Murra Warra Project a 226MW Wind Farm Project in Victoria.

Sun Metals: Advised Sun Metals, the owners of a Zinc Refinery in Townsville, negotiate and finalise the construction contracting for the Sun Metals (Korea Zinc) 100MW Solar Farm with RCR Tomlinson.

Adani Solar: Assisting with their Rugby Run and Whyalla Solar Project approvals including Foreign Investment Approvals.  

Mitsubishi Heavy Industries: Acting on its A$340 million acquisition into the ZeroGen carbon capture and storage project and pre-feasibility studies for a planned A$3.2 billion 530MW coal-fired power station and carbon capture and storage project.

ElectraNet: Drafting and negotiating the transmission connection agreements, coordination agreements and relevant construction agreements on behalf of ElectraNet multiple Windfarm projects in South Australia. 

See Renewables

Knowledge

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