Mining
Representing the mining and resources industry for over 100 years
Sparke Helmore has been representing clients in the Mining and Resources industry for over 100 years, developing a comprehensive understanding of the sector including commercial profit-drivers, government policy, administration and regulation.
Our strong presence and long history in the Hunter Region gives Sparke Helmore the unique advantage of providing continuous on-site service to clients, offering both strategic and economic advantage for your best business outcomes.
We are chosen by industry leaders to represent a variety of interests, including multi-national and Australian coal producers, electricity generators, major energy investment funds, government and industry authorities.
We understand the operating environment and the social and political issues that face mining companies. This enables us to provide effective, relevant legal advice.
Expertise
Our Mining and Resources group comprises experts in environmental planning law, property law, construction law, mining law, pollution and environmental protection law, commercial law, commercial litigation, contracting law, workplace relations, WH&S and workers compensation.
We have established relationships and experience with government and a thorough understanding of policy administration and regulation. Our extensive experience in mining ranges from new infrastructure projects to full commercial operation.
Our mining, planning and environmental law expertise includes:
- Mining law - titles and authorities, compensation and access to land.
- Planning - approvals, consents and EIS advice.
- Pollution law - permits, approvals and prosecutions.
- Property - land purchase, access and leasing.
- Inquiries, Wardens hearings, litigation and risk management.
- Project advocacy.
Our commercial/contracting expertise includes:
- Infrastructure projects.
- Mining joint ventures.
- Contract mining.
- Coal sales.
- Contract risk management.
- Operational contracts.
- Procurements contracts.
Our workplace relations and WH&S expertise includes:
- Risk management and compliance.
- Prosecutions.
- Contractor management.
- Review of standards, operating procedures and manuals.
- Industrial disputes, right of entry issues.
- Employment arrangements.
- Management of injured workers.
Our corporate expertise includes:
- Acquisitions.
- Disposals.
- Governance.
Experience
- Advised, prepared and negotiated contracts (both standard and non-standard) at every stage of mining, from the physical extraction from or beneath the ground, to processing (including conveyor belt systems, processing plants and computer systems) haulage and delivery.
- Involvement in the delivery of infrastructure ancillary to mining operations from transport (road and rail) to accommodation (office and residential) to services (water and wastewater, power, pipelines).
- Drafting custom-made construction contracts (based on Australian Standard form contracts) for the design, construction, supply and installation of an upgraded coal handling and preparation plant.
- Acting for an electricity generator on the procurement of trains and wagons for the supply of coal. This included drafting a design and constructing a construction contract for the rail infrastructure as well as a services agreement for the rail operator.
- Environmental compliance, including liaising with and responding to regulators following alleged non-compliance.
- Advice to mining industry clients on existing and proposed greenhouse gas reduction schemes at both state and federal levels.
- Advice and assistance during incident investigations, those conducted by the regulator and for the purposes of obtaining legal advice.
- Assisting client to manage the various stakeholders affected by a workplace incident and prosecution.
- Advice and preparation of prosecuted matters, including review of evidence, conducting further enquiries and preparation for Court.
- We provide advice in connection with bullying and harassment complaints, including investigations and disciplinary proceedings.
- Advice concerning legal compliance and workplace training.
People
Our core Mining and Resources team comprises specialist lawyers in Newcastle and Muswellbrook, where they service the length of the coal chain.
This team also draws on skills of other lawyers in our Sydney, Brisbane, Melbourne and Perth offices to manage the legal needs of national and multi-national resource industry clients.
