OUR GLOBAL MINING AND

MINERALS CAPABILITY

www.dlapiper.com | 01

AN INTRODUCTION TO DLA PIPER

DLA Piper has 4,200 lawyers and provides a range

of legal services from 76 offices in 30 countries
across AsiaPacific, Europe, the Middle East and
the United States.
Our vision is to be the leading global business law
firm. We draw on the knowledge of our locally and
internationally trained lawyers advising on a broad
range of matters including commercial, corporate,
bankruptcy and restructuring, tax, finance, human
resources, litigation, real estate, regulatory and legislative,
technology, and media and communications in every
major market around the world.
Our global services are grounded by the strength of
our domestic offices, our sector knowledge and our
commitment to client-driven services. We support the
strategic and operational needs of our clients, wherever
they do business.
Our mining and minerals practice
We are recognised internationally as one of the leading
providers of legal services to the mining and minerals
sector. Our team has an in-depth knowledge of the mining
and minerals industry and the issues it faces, built up
through years of experience of working with our clients
and understanding their needs.

02 | Our Global Mining and Minerals Capability

Globally we are advising on a number of mining projects,

including captive power stations and also on rail and port
projects currently under construction, as part of broader
mining developments. As the demand for the development
of greenfield mines continues, our team is advising on the
full scope of issues and requirements.
Mining is a global business and transactions and disputes
increasingly have an international dimension. We have
an unrivalled network of offices acting for local, national
and multinational clients, whether operating in the global
economy or in emerging markets. The breadth of our
global practice allows us to deploy large, cross-border
teams on major international transactions and disputes.
We offer focused mining and minerals experience in
most of the major mining regions of the world, including
emerging markets in Africa, Latin America, Asia and the
Middle East as well as the more established markets in
Europe, USA and Australia. Understanding local markets
is essential to a successful global business strategy. Our
international reach means that we have the local strength
and knowledge to advise our clients on specific legal,
cultural and political issues wherever they arise.
For more information about our Mining and Minerals
practice, please contact the partner identified for the
relevant region.

A SNAPSHOT OF OUR CLIENT BASE

African Barrick Gold

Minara Resources Limited

Aggregate Industries UK Limited

Mitsubishi

Aggregates Industries US

MMC Norilsk Nickel

Anglesey Mining plc

Murchison Metals

Anglo Pacific Plc

New Africa Mining Fund

Anglovaal Minerals

Newmont Mining Corporation

Artemis

Pamodzi Resources Fund

ATH Resources plc

Petmin Limited

BHP Billiton Energy Coal South Africa Limited

Platinum Group Metals Ltd

Bolsini Gold

Recycoal Limited

Centamin Egypt Limited

Rio Tinto

Clermont Coal Mining

Salt Union Limited

Coal Resources Corporation

Sibelco UK Limited

Cory Environmental (Central) Limited

CPL Industries Limited

Sinom Investment Limited

Donetsksteel

Sonora Gold & Silver Corp

Ennstone plc

TanzaniteOne Mining Limited

Essroc

Geodynamic Limited

Teck Cominco Australia Pty Limited

Harmony Gold Mining Company Limited

The Coal Authority

Ibstock Brick Limited

Tolsa SA

JSC Madneuli

UK Coal plc

Lafarge Aggregates Limited

United Coal Company

London Concrete Limited

Uranium Onc Inc

Lonmin Plc

Vale

Metorex Corporation

Wega Mining ASA

Miller Argent (South Wales) Limited

Tata Steel UK Limited (formerly Corus (UK)

Limited)

www.dlapiper.com | 03

SAMPLE MINING TRANSACTION

CONCESSION
AND DEVELOPMENT
AGREEMENTS
LABOUR AND
EMPLOYMENT

LETTER
AGREEMENTS

TAXATION

MINERAL
SHARING
CORPORATE
STRUCTURE

LAND AND MINERAL

OWNERSHIP

EXPLORATION PERMITS
AND TRANSFER OF
MINERAL RIGHTS
LEGAL AND REGULATORY
FRAMEWORK/ARRANGEMENTS
AND GOVERNMENT AFFAIRS

MINERAL RIGHTS
AGREEMENTS

STAGE 1

STRUCTURING
THE VENTURE

STAGE 2

HEALTH
AND SAFETY
ENVIRONMENTAL

EARN-IN/FARM-IN JOINT
VENTURES/SHAREHOLDERS
AGREEMENTS
COMPETITION
APPROVAL

STAGE 5

ONGOING ADVICE

STAGE 3

TRANSPORT

FINANCING THE
VENTURE/EQUITY
PARTICIPATION

STAGE 4
DISTRIBUTION AND
OFF TAKE ARRANGEMENTS

LOAN AGREEMENTS

SECURITY RELATED
MATTERS

MINE DEVELOPMENT AND

BUILDING INFRASTRUCTURE

FEASIBILITY AND
BANKABILITY

DISTRIBUTION
OFF TAKE
AGREEMENTS

SMELTER
ARRANGEMENTS

04 | Our Global Mining and Minerals Capability

DISPUTE
RESOLUTION
INSURANCE

WATER
SUPPLY

POWER

our RECENT EXPERIENCE

africa*

Advising a company based in Qatar with regards to the

acquisition of a mining concession extracting gold in
north Burundi.

Advising the Congolese State and to Gecamines

regarding the negotiation of a joint venture with an
Anglo-American group and its exploitation of a mining
concession in Katanga.
Advising a UK mining group regarding the legal audit
of mining permits in the Democratic Republic of Congo.

Advising a leading international diamond mining

company in the negotiating of two kimberlite
concessions relating to two primary mine deposits
in Angola.

Advising private operators regarding the looting of

mineral resources of the Democratic Republic of Congo.

Advising Tanzanias National Development Corporation

(state-owned corporation) regarding negotiation of
a proposed joint venture with a Chinese company
regarding exploitation of a coal mine and iron mine.
Advising Shield Resources in respect of a due diligence
report on various prospecting licences and offers.
Advising Barrick in relation to legal due diligence on
prospecting licences and special mining licences for
Placer Dome Tanzania Limited.
Advising Noventa in relation to legal due diligence and
advising on Mozambican mining laws as part of the
process of admission of the parent company to trade
on the Alternative Investment Market (AIM) on the
London Stock Exchange.
Advising Gold Fields in the preparation of a Ghana
regulatory and risk factor disclosure for the New York
Stock Exchange registration statement.
Advising Azumah Resources in the preparation of a
Ghana regulatory and risk factor disclosure for the
Australian Stock Exchange prospectus.
Advising Castle Minerals in the preparation of a Ghana
regulatory and risk factor disclosure for the Australian
Stock Exchange prospectus.

Advising a major South African gold mining

company in relation to the acquisition of a number of
independent gold mining houses.
Advising the Congolese State and a state-owned
mining company in their negotiations of a joint venture
with an Anglo-American group and its exploitation of
a mining concession in the Democratic Republic
of Congo.
Advising a primary producer of platinum group metals
in the restructuring of its South African interests and
the acquisition of the clients interests in South African
assets formerly held by a competitor.
Advising on the acquisition of US$500 million Century
Zinc Mine, including native title, full due diligence and
negotiation of acquisition agreement.
Advising a coal company in a joint venture development
of Clermont Coal Mine.
Advising a major global diversified resources company
to establish a joint venture for the development and
operation of joint coal processing, coal handling and rail
loading infrastructure.
Advising a large Scandinavian mining house on the
acquisition of exploration and production licences in
Ecuador, Guinea and Mali.
Advising Gemfields on its activities in Zambia
including the organisation of its corporate affairs and
associated mining activities in Zambia.
Advising New Africa Mining Fund in regard to its
disposal to Petmin Limited of the entire issued share
capital of and all claims on the loan account against
Springlake Holdings (Pty) Ltd.
Advising New Africa Mining Fund in regard to its
acquisition, through Springlake Holdings (Pty) Ltd,
from TWF Holdings (Barbados).
Advising Jagoda Gems on option arrangements in
relation to a proposed acquisition of the gemstone
licence by an AIM-listed gemstone company.
Advising Harmony on the one hand, and Pamodzi
Resources Fund I (PRF) on the other, on the sale by
Harmony of its Cooke Shafts and its Old Randfontein

* Includes DLA Piper Group Firm experience. DLA Piper Group is an alliance of independent law firms with exclusive agreements with DLA Piper.
All the members of the alliance work together to provide comprehensive and coordinated legal service to clients, locally and globally.

www.dlapiper.com | 05

business to Rand Uranium (Pty) Ltd, a newly formed

company, which is owned 60% by PRF and 40% by
Harmony. The deal value was approximately
US$348 million.

Advising Harmony Gold in the acquisition of President

Steyn mine from Pamodzi Gold and liquidators of
Pamodzi Gold; transaction value R405 million.
Advising Lonmin on its successful rights offer and its
black economic empowerment transactions and on
its environmental law trends in eight jurisdictions
where platinum is used in the manufacture of catalytic
converters. We also advised Lonmin on the private
placement of 9,064,249 shares valued at
GBP160 million.
Advising Lonplats on the acquisition by Shanduka of
Lonmins 9% indirect interest in Lonplats through the
acquisition directly and indirectly of 50,03% of Incwala
Resources, including the acquisition of Lonmin vendor
finance and other claims against existing HDSA
shareholders; transaction value R2,617 billion.
Advising Anooraq Resources Corporation transaction
with Anglo Platinum Limited, which entailed the
acquisition by Anooraq Resources Corporation of
51% of Lebowa Platinum Mines Limited and an
additional 1% of the Ga-Phasha Development Project
and the Boikgantsho Development Project.
Advising BHP Billiton Energy Coal South Africa
Limited in respect of the disposal of its Koornfontein
Mine to Main Street 432 (Pty) Ltd, a consortium led
by Siyanda Resources (Pty) Ltd and AKA Resources
(Pty) Ltd.
Advising Tanzam 2000 in the preparation of joint
venture agreements between Tanzam 2000 and several
other mining companies.
Advising Tanzam on assignment of mining concession
agreements.
Advising Pallinghurst on the Zambian components of
its acquisition of Kagem Mining Limited, including
all corporate and mining related components of
transaction.
Advising Signet Mining Services with regard to it and
its affiliated companies mineral acquisitions both in
South Africa and throughout Africa.
Advising Coal of Africa, an Australian listed company,
in respect of its South African coal interests.

06 | Our Global Mining and Minerals Capability

Advising the Bakgatla-Ba-Kgafela Tribe in its highvalue co-operative platinum group metals venture
with the Pallinghurst Group and other major mining
companies.
Advising Lonmin Plc in the acquisition of AfriOre
Limited, an entity listed on the Toronto Stock
Exchange, the sole asset of which is the Akanani
Mining Project.
Advising Resolute Tanzania in relation to a due
diligence exercise on Sumax Company.
Advising Anglo Pacific Group in relation to a due
diligence exercise on Shanta Mining Company Ltd.
Advising Uranium One Inc. in relation to a due diligence
exercise on Mantra Tanzania Ltd and applying for
approval of Fair Competition Commission approval
for acquisition of Mantra Tanzania Ltd.
Advising Harmony regarding its issue of 1.13% senior
unsecured bonds and (4.875% convertible bonds).
Advising Metorex in the conduct of due diligence,
regulatory and legislative review and preparing of legal
opinions for listing on the Official List of the London
Stock Exchange.
Advising Western Platinum in respect of a loan from
the International Finance Corporation.
Advising Investec on a facility provided to Central
African Gold to partially fund the purchase from
AngloGold Ashanti of the Bibiani Gold Mine situated
in Ghana.
Advising Investec on a facility provided to Kagiso
to acquire an equity stake in the Mototolo Platinum
Group Metals joint venture project between Xstrata and
AngloAmerican.
Advising Investec on Ghanaian law and drafting
security documentation in relation to a loan of
US$15 million to Central African Gold Ghana Limited.
Advising Standard Bank on a project financing facility
granted to South African Coal Mining (Breyten)
Limited to acquire the Ilanga and Umlabu mines.
Advising Standard Bank on the financing of a new
platinum mine in the Limpopo Province under new order
mining rights.
Advising a major Australian mining company on all
aspects of the smelter expansion including the supply
and transportation of gas (LNG) for anode baking.

Advising the joint venture partners on the construction

aspects of the large-scale development of a proposed
aluminium smelter and refinery in Abu Dhabi and
Saudi Arabia.
Advising a global major mining company on
environmental issues and public liability work for
more than eight years.
Advising a global mining company in a US$1.6 billion
arbitration against its EPC contractor in Western
Australia.
Advising the insurer of the AustIMM scheme (mining
consultant engineers).
Advising an equipment manufacturer in relation to a
multi-million dollar claim made by its subcontractor
with respect to the Ensham Coal Mine.
Advising in a US$500 million dispute following two
slope failures at a gold and copper mine in New Guinea.
Advising on all contracts relating to the development of
Avebury Nickel Project.
Advising on contracts for design, construction of
infrastructure works and long-term contracts for coal
mining operations for the Burton Downs Project.
Advising an international energy company and its
Russian subsidiary in a dispute with the Russian
authorities over mineral rights.

Advising TEAL on an ongoing basis in relation

to corporate and mining related activities in Zambia.
Advising Kiwara on all corporate and mining related
activities in Zambia, including advice on joint venture
arrangements, mining and regulatory matters.
Advising the lender in connection with the negotiation
of tolling arrangements for copper and other mineral
mining operations in Chile.
Advising African Barrick Gold in relation to regulatory
compliance issues in its mining operations.
Advising TanzaniteOne Mining Ltd on corporate and
mining related activities including advice on regulatory
compliance issues.
Advising Sonora Gold & Silver Corp. on corporate and
mining related activities and conducting due diligence
on various mining licences.
Advising Lonmin (a London listed platinum mining
entity) in respect of all its South African operations and
the preparation of all its mining related agreements,
including smelting agreements, concentrate off take
agreements, joint venture agreements, exploration
agreements, project management agreements and mine
development documentation.

www.dlapiper.com | 07

Advising Harmony in respect of all its corporate and

mining activities, such as acquisitions of shares
and mines, mergers, transfer of mineral rights, capital
raising and preparing agreements and other documents
relating to activities covering all aspects of mining and
mining-related matters. We have also advised Harmony
on groundwater obligations and on directives issued
under environmental legislation.

ASIA

Advising the Indian Government, acting through the

Department of Disinvestment, and Coal India Limited
(CIL) , the worlds largest coal miner, on the companys
initial public offering (IPO) of shares, which have
been listed on the National Stock Exchange of India
and the Bombay Stock Exchange. The IPO raised
$US3.43 billion, making it the largest IPO in the
history of Indian capital markets and the third largest
IPO in the world during 2010.
Advising on a joint venture for the subscription of
shares in a holding company whose subsidiaries have
acquired mining rights and obtained licences and
permits to conduct mining operations in iron ore mines
in Armenia. Our client, a LSE listed oil and mining
company was the purchaser of the subscription shares.
We advised on the structure of the transaction and
drafted the joint venture agreement. We also liaised
with local Armenia counsel in respect of the onshore
transaction documents governed by Armenia laws.

Advising RAG in connection with its contractual

supply obligations of coal to a Philippine IPP.
Advising Goviex HighPower Exploration Inc. in
connection with its joint venture with China Mining
Resources for the exploration and exploitation of
mining assets in the PRC.
Advising an Indonesian subsidiary of Rio Tinto,
Australia, in a mining rights dispute with the local
government of East Kalimantan in Indonesia.

08 | Our Global Mining and Minerals Capability

Advising Yankuang Group on its coal power

aluminium project in China and overseas, including
drafting legal documents in both English and Chinese,
advising on relevant legal issues regarding mergers,
land use rights, overseas investment and conducting a
legal audit.
Advising Sinom on its sale of a majority interest in
a major Australian iron ore mining operation to a
Mainland Chinese state-owned enterprise mining
company (purchase value in excess of US$300 million
plus US$170 million financing) and establishment
of joint venture arrangements, including obtaining
Mainland Chinese National Development and
Reform Commission approval and Australian Foreign
Investment Review Board approval.

AUSTRALIA

Advising the investor in the transaction of Yunnan Tin

Group, the worlds biggest tin producer, buying
60% of Metals X Ltd.s Tasmanian assets for
A$60 million (US$49 million). Metals X sold 50%
of subsidiary Bluestone Mines Tasmania Pty Ltd. for
A$50 million, followed by a conditional 10% for
A$10 million.
Advising China Coal Import & Export Company
(CCIEC) on a A$30 million joint venture between
CCIEC and Australian junior miner MetroCoal.

Advising a major Indonesian coal mining company

with a mine in Kalimantan Indonesia in connection
with project development, coal sales, transportation
and mining services arrangements, the negotiation of
joint venture arrangements, and the ultimate sale of the
mine to Middle East Coal, a joint venture between
the Government of Ras Al Khaimah and Trimex Group.

Advising Oakajee Port & Rail in respect of the

development of a new iron ore export port at Oakajee,
together with the 500 kilometre rail link to the iron ore
mines. This involves providing advice on structuring
the transaction for infrastructure development
and preparation of contracts for all forms of goods and
services; including breakwater construction, dredging,
wharf construction, tank farms, desalination plants,
acquisition of machinery such as car dumpers, stackers,
reclaimers, rail track, locomotives, rolling stock, cranes,
ship loaders/unloaders, contracts for the provision of
services such as aviation services, IT services, drilling,
road transport, engineering, construction management
and all forms of professional advice.
Advising API Management Pty Ltd as manager of the
Australia Premium Iron Joint Venture in relation to
the West Pilbara Iron Ore Project. The project involves
the construction of an iron ore mine, a 360 km railway
and a new port in the Pilbara. Work completed so far
includes joint venture structuring advice in relation
to proposed mine sites, rail line and port for the
project; preparation and negotiation of agreements
with contractors and consultants in respect of
feasibility work; general project management advice;
negotiating and drafting design and engineering
agreements; preliminary work on EPC construction
agreements; and preparation of feasibility and market
identification agreements with potential Chinese
customers.

Advising Crosslands Resources on aniron ore mine

expansion in Western Australia, inrelation tothe
contracting and procurement strategyanddrafting
the EPCM contract, mining contract and preparation
of a suite of standard construction and procurement
contracts including; EPCM contract, design and
construction contract, construction contract,
engineering, procurement and installation contract,
supply contract; short form contracts, including minor
services, minor works, minor supply and minor supply
and instalment contracts.
Advising Extension Hill Magnetite Project on all
aspects of the development of the Extension Hill
magnetite project including negotiation of contracts
for the construction of 300 km water and slurry
pipelines and power line preparation of contracts for
mining, plant construction and design; environmental
off-set agreements with local pastoral lease holders,
land owners and other stake holders, preparation of
comprehensive town planning and third party access to
infrastructure.
Advising Scaddan Energy Project on all aspects
of the development of the Scaddan coal to liquids
project, including drafting of joint venture agreement,
advising on appropriate project structures, tax and JV
issues in relation to a joint venture with Wesfarmers
Premier Coal, drafting sale and purchase agreements
for tenements, acquisition strategy for coal tenements,
project financing issues, approvals and land tenure
issues, environmental issues, construction and
procurement contracts and providing general project
development advice.
Advising Mega Uranium on its development of the
Lake Maitland uranium project which comprises
a uranium mine and associated infrastructure.
Advising in relation to various issues including:
general transactional matters, native title negotiations,
resolution of objections to tenement applications, grant
of tenure to explore for and take water, acquisition of
pastoral lease, and various land access agreements.
Advising Teck Cominco on all aspects of the
construction of the Pillara lead and zinc project including;
mine construction, processing plant construction, road
construction, barge construction and barge terminal
construction (for offshore ship loading facilities).
Advising Jundee and Bronzewing Gold Projects on
negotiation, preparation and execution of contracts for
the Jundee and Bronzewing Gold Projects: including all
associated and ancillary services.

Advising Sinosteel Australia on a broad range of sale

and purchase contracts for iron ore, nickel and other
base metals for Sinosteel Australia. Work included
negotiating and drafting the sale and purchase
agreements and drafting deeds of variation to existing
agreements.
Advising Newmont Australia on negotiations and
drafting sales contracts for the sale of base metals
produced from the Golden Grove mine to a wide
variety of international purchasers. Negotiating port
services agreement and port access agreement in
relation to export of base metals from the Golden Grove
mine to international export markets. Further advice
provided in relation to the validity of fees and charges
levied by Geraldton Port Authority, advice on ongoing
contractual relationship with Geraldton Port Authority
and operation issues at the port.
Advising Jack Hills Iron Ore Mine, Western Australia
on an iron ore mine expansion in Western Australia,
in relation to the contracting and procurement strategy
and drafting the EPCM Contract, mining contract and
preparation of a suite of standard construction and
procurement contracts.
Advising on all project procurement requirements for
Avebury Nickel Project; including preparation of the EPC
contract, all labour and employment contracts, preparation
of all power supply contracts, mining contracts, contracts
for items of plant and machinery, environmental services
contracts, IT contracts, road construction, aviation
services, accommodation contracts, camp catering
contracts, acquisition of land and buildings and acquisition
of mining equipment.
Preparing standard form contracts for Balmoral South
Magnetite Project including: project procurement
contracts, advice on construction contracts (EPC and
EPCM), advice on engineering and design contracts,
preparation of drilling contracts, advice (through our
offices in China) on Chinese construction and engineering
contracts and advice on port construction agreements.
Preparing of all contracts for Cloud Break
Iron Ore Mine Power Supply Project including the
development of a diesel fired and subsequently gas
fired power station, including construction contracts,
engineering contracts, procurement of all commodities,
acquisition of transmission lines, switching yards,
transformers, generators, gas pipelines, turbines and
preparation of contracts for transportation services,
provision of fuel and gas.
Responsible for power procurement agreements
for Fortnum Gold Project including: construction
agreements, aviation services contracts, camp

www.dlapiper.com | 09

agreements; encroachment of project infrastructure

on pastoral leases including objections and
compensation, and various tenure related issues.

accommodation, camp catering and procurement

contracts for acquisition of all goods and services
required in the mine and processing plants.

Advising Cazaly Resources on all aspects of the

development of its Parker Range Iron Ore Project, in the
Yilgarn region of Western Australia. The project involves
development of a new iron ore mine, development of
all infrastructure associated with railing iron ore to
Kwinana, the upgrade of port facilities at Kwinana
and the export of its iron ore to Chinese steel mills.
Work completed includes drafting and negotiating
all operations contracts for rail operations and port
operations, drafting and negotiating all project finance
documentation, drafting joint venture documents with
mining contractor, preparing mining contract,
obtaining all relevant approvals for mine, rail operations
and port operations, environmental approvals, native title
advice, preparing shipping and off take contracts, sale
contracts with Chinese steel mills and related matters.
Advising BC Iron during its development of the
Nullagine project, which comprises an iron ore mine
and related infrastructure. Advising in relation to
various issues including: negotiations with FMG
in relation to land access issues associated with
the Cloudbreak railway; negotiation of native title

10 | Our Global Mining and Minerals Capability

Advising Bannerman Resources on all aspects of

development of the Goanikitdes Uranium Project in
Namibia, including project structuring, joint venture
agreements, shareholders agreement and project
finance. Advice has included land access and Mining
Act issues, employment contracts, operation of power
purchase agreements, preparation of water supply
agreements, negotiating and drafting drilling contracts
and a wide variety of other project related issues.
Advising a consortium led by Industrial Development
Corporation, the private equity arm of the South African
Government, on the development of a commercially
viable and sustainable bio- ethanol enterprise in the
Cradock region of the Eastern Cape in South Africa.
The facility will produce 90 million litres of fuel grade
ethanol as primary product and co-products, which will
be sold as high protein components into the animal
feed market. Our role includes drafting and negotiating
the EPCM contract, EPC contracts for the boilers
and dryer, a range of design, supply and installation
contracts including the negotiation of all export credit
financing arrangements with a number of ECAs and
various off take agreements.

Advising on the development and financing of

a 1,000 megawatt coal fired power station in
South Africa, Lesedi Power Generation Project,
for the supply of electricity to the mineral
smelting industry and minerals industry in
South Africa generally. DLA Piper is working
in combination with its South African affiliates,
DLACliffeDekkerHofmeyr, and has been engaged
to complete all aspects of the power station
development. Our work includes drafting and
negotiating construction and procurement contracts,
development of project financing strategy, development
of project and financing documentation,
development of power off take agreements,

development of transmission agreements, development

of procurement strategy for transmission network and
advising on all local South African law requirements
including environment, approvals and Black
Empowerment legislation.

Advising on joint venture documentation for the

Ahafo Gold Project in Ghana. Advice included
drafting amendments to joint venture documentation,
negotiating and drafting mining contracts and
construction contracts for mine expansions, preparing
procurement contracts for mine equipment and
advising on a wide variety of other issues.

DLA Piper were Sinom Investments Limiteds legal advisers in relation to the sale of a majority stake in our
Australian mining business to a Chinese state-owned enterprise. This transaction came to a successful conclusion
after 18 months in September 2010. Given the complexities associated with this cross-border transaction from
a regulatory perspective, it was essential that our legal team could demonstrate a thorough understanding of
the regulatory and commercial aspects of the deal with respect to Hong Kong, Australia and Mainland China.
Our DLA Piper team were excellent on all fronts. They understood our strategic and commercial drivers for the
transaction and provided a seamless service in a responsive, effective and accessible manner. We were confident
that they represented our best interests at all times and helped us to achieve a successful outcome. We look forward
to continuing our association with DLA Piper in the future.
Andy Zhang, Chairman, Sinom Investments Limited

www.dlapiper.com | 11

cis

Advising United Coal Company (USA) on the sale of

its 100% shares to the Ukrainian Metinvest Group.
Advising Donetsksteel Group on the restructuring of
its debt portfolio of over US$1 billion before a pool of
more than 30 international and local creditors.
Conducting due diligence of regulatory documents
and permits for extraction of mineral natural table
water from water wells for industrial bottling for
SlavutichCarlsberg Group.
Advising Sibelco UK Limited on a Ukraine joint
venture opportunity.
Advising an international mineral producer and
distributor on the acquisition of one of the largest
Ukrainian mining plants.
Advising a multinational Italian oil and gas company
on Ukrainian exploration and mining law.

Advising major Australian and Romanian companies

on gold mining projects in Ukraine, including
exploration and other related activities.
Conducting due diligence on a gas deposit exploration
project in Ukraine for Greek investors.
Conducting legal and tax due diligence of several
major Ukrainian companies, including a large gas
extraction company, several major Ukrainian mineral
water concerns, a large oil-refining plant, analyzing
all respective documentation, including licenses and
agreements for subsoil use.
Advising an international energy company and its Russian
subsidiary in a dispute with the Russian authorities over
mineral rights.

EUROPE

Advising a number of UK minerals operators including

Sibelco UK Limited, Ibstock Brick Limited and
Aggregate Industries UK Limited on a full service
basis providing advice on all legal operational
requirements from a real estate, corporate, litigation,
regulatory, health and safety, competition and rapid
response basis.
Providing strategic advice to a UK statutory body
on its obligations under EU legislation in a minerals
context for the purposes of discussions on funding with
its UK Government sponsoring department.

12 | Our Global Mining and Minerals Capability

Drafting agreements relating to the sale of emission

reduction credits for a South African coal mining
energy and chemicals company.
Advising Coal Products Limited in bringing a
complaint against the French and German Governments
before the European Commission alleging misuse of
state aid to the French and German coal mining and
coke producing sectors.
Advising on claims by BHP Billiton in Peru and
Queensland for US$2 billion.
Advising MWH Associates Limited on the acquisition
of a quarry in North Wales (Hafod quarry and landfill
site) as an active clay quarry with planning permission
for use of the void for landfill.
Advising a number of listed mining companies in
applications for prerogative relief (including St Barbara
Limited and Precious Metals Australia Ltd).
Advising a dual-listed, London-based investment
company (Anglo Pacific Group) in a shareholder
dispute concerning the issue of shares by
NorthAustralian Diamonds Ltd.
Advising Anglesey Mining plc, a main market FTSE
listed company, on all legal work including corporate,
property, litigation, joint venture and fundraising.
Advising a mining supply company located in Antwerp
and focusing on Africa.
Advising Sibelco, a large Belgian mining and quarrying
company, on various mergers and provided competition
compliance training.
Advising a major cement producer in Norway on
legal issues related to ownership, alternative use and
responsibilities in respect of mines which have finished
production.
Advising in connection with leasing and project finance
facilities (total approx. MUSD 160) for the reopening of
the iron mines in Kirkenes, Norway.
Advising an Italian multinational oil and gas company
on the acquisition of a company holding shale gas
concessions in Poland.
Advising Dredging International on agreements for the
extraction of gravel from seabed.
Advising Rathdowney Resources Ltd on concessions
for the exploration and exploitation of zinc and lead ore
in Poland.

Advising the Polish State Treasury on pre-privatization

of the power, oil and mining company (including due
diligence).
Advising a Polish coal mining capital group on a
planned IPO and filing application to list shares on the
Warsaw Stock Exchange (involving due diligence and
advice on publicity guidelines).
Advising a Polish coal mining capital group on issuing
shares in exchange for coal (coal bonds).

Conducting due diligence on a Polish company

(gas and coal wholesaler) involving analysis of core
business contracts, concessions and permits.

LATIN AMERICA*

Advising US steel company Nucor Corporation on a

US$80 million agreement with Brazilian mining group
Vale to create a joint venture to construct and operate a
green iron project in northern Brazil for the production
of pig iron.

Representing a Brazilian mining company in lawsuits

against investors that signed contracts for future
purchase of gold and did not agree with the calculation of
the amount due (interest and inflation adjustment rates).
Representing a Brazilian mining company against a
shipping company in a lawsuit involving breach of
a dredging agreement.
Acting as tax counsel for the Brazilian operations of
Norwegian aluminium metal and products supplier
Hydro Aluminium for more than 14 years, covering a
number of transactions, in particular its investment in
Minerao Rio do Norte (MRN) and in the Companhia
de Alumina do Par (CAP) aluminium refinery project
with Brazilian mining group Vale.
Advising an international leading supplier of mining
optimization software tools and services on the sale of
its Brazilian unit as part of a global acquisition process
by another company.

* Includes DLA Piper relationship firm experience (Campos Mello Advogados in cooperation with DLA Piper)

www.dlapiper.com | 13

Advising transportation service provider TBS

International on an agreement with Log-In Logstica
Intermodal, a subsidiary of Brazilian mining group
Vale, to establish a partnership for the maritime
transportation of break bulk and project cargo.
Advising Brazilian integrated steel producer Companhia
Siderurgica Nacional (CSN) and its subsidiary Nacional
Minrios (Namisa) on the US$440 million acquisition
of an independent iron ore mining company located in
Brazil from private Uruguayan companies Financiera
Sidelur and Logan Lake.

Advising Brazilian integrated steel producer

Companhia Siderurgica Nacional (CSN) on the
commercial agreements related to the US$3 billion
sale of a 40% stake in its subsidiary Nacional Minrios
(Namisa), an iron ore mine business in the state of
Minas Gerais, Brazil, to a consortium of Japanese steel
companies, including POSCO, Itochu Corporation, JFE
Steel Corporation, Nippon Steel Corporation, Sumitomo
Metal Industries, Kobe Steel, and Nisshin Steel.
Advising Brazilian integrated steel producer Companhia
Siderurgica Nacional (CSN) and its subsidiary Nacional
Minrios (Namisa) on drafting agreements related to
iron ore supply and acquisition of mining rights.

UNITED STATES

generation facilities, focusing on environmental

and natural resource issues. Represented potential
investor with respect to environmental and natural
resource permitting and liability issues associated with
acquiring exiting and redeveloping closed mines and
related spoils and tailing resources. Also counseled
client with respect to potential investments based upon
anticipated outcome of contested mining regulations
and litigation.

Advising Doe Run Resources Corp, as acquirer and

project sponsor, in connection with the privatization
of the Peruvian mining industry and acquisition of
LaOroya mining complex from Peruvian state-owned
Centromin and related US$1.2 billion bridge loan
acquisition and bond take-out financing.
Advising Halco Mining, a consortium of Alcan (Canada),
Pechiney (France) and Alcoa (US), on its US$50 million
Eurobond financing of Compagnie des Bauxites des
Guinee S.A.
Advising a global financial services company on a
loan facility provided to a US listed mining group to
partially finance the development of a new gold mine in
Alaska and its related infrastructure.
Representing HighMount, a subsidiary of Loews Group,
in the sale of its coal leases in Alabama to Walter
Group. Although the deal was framed and valued as a
sale of the coalbed methane rights, most of the leases
were coal mining leases, some of which had been
amended to permit production of the coalbed methane.
Representing coal company Peabody Energy and
a coalition of entities interested in developing
joint venture mine mouth and coal-fired electrical

14 | Our Global Mining and Minerals Capability

Representing Mettiki Coal, a subsidiary of Alliance

Resources in Lexington, Kentucky, on a number of
environmental matters relating to its underground
longwall mining and coal preparation plant operations
in western Maryland. This included defending
an enforcement action by the state environmental
agency for alleged SO2 (Clean Air Act) violations
from a thermal dryer, avoiding a citizens suit by the
PotomacRiverkeeper for alleged NPDES permit (Clean
Water Act) exceedances, and establishing rights to a
tunnel beneath the Potomac River.
Advising on numerous financings for mining concerns,
including a gold mining operation in Alaska and an
iron ore mine in Utah.
Representing a client in connection with negotiating to
acquire a coal seam in West Virginia.
Representing a client in connection with an underground
coal gasification project, including advising on coal
rights in Wyoming, conducting due diligence and
developing the exploration options and lease contracts.

INTERNATIONAL DISPUTE RESOLUTION

Acting for 30 international reinsurers in respect

of US$1.5 billion claims arising from the 2008
Queensland Flood and US$420 million claims for the
Antamina copper mine in Peru.
Acting for the reinsurers in the case arising from a
major mining failure in Southern Africa.
Acting for the reinsurers in relation to a US$500 million
claim following a mining failure in Indonesia. The case
was eventually settled on very beneficial terms for the
reinsurers.
Acting for a Chinese-domiciled commodity trading
company (Sinom) in an ad hoc arbitration under
the UNCITRAL rules concerning contracts for the
delivery of shipments of iron ore.
Acting for Cazaly Resources Limited in respect of the
judicial review of a ministerial decision concerning
rights to a multi-billion dollar iron ore resource.

GLOBAL CONTACTS

africa*

ASIA

Mwelwa Chibesakunda
Chibesakunda & Co (Zambia)
Partner
T +260 211 254151
mwelwa.chibesakunda@cco.co.zm

Roy Chan
Partner (China)
T +86 21 3852 2188
roy.chan@dlapiper.com

Allan Reid
Cliffe Dekker Hofmeyr (South Africa)
Director
Corporate and Commercial
T +27 (0)11 562 1222
allan.reid@dlacdh.com
Barnabas Tumusingize
Sebalu & Lule (Uganda)
Partner
T +256 312 250013
brt@sebalulule.co.ug
Protase Ishengoma
IMMMA Advocates (Tanzania)
Managing Partner
T +255 22 211 1622
ishengoma@immma.co.tz
Ekua Hayfron-Benjamin
Reindorf Chambers (Ghana)
Partner
T +233 302 225678/249564
ekua.hayfron-benjamin@
reindorfchambers.com
James Kamau
Iseme, Kamau & Maema Advocates
(IKM) (Kenya)
Managing Partner
T +254 20 2711021
jkamau@ikm.co.ke
Calvin Mitali
Equity Juris Chambers (Rwanda)
Partner
T + 0727300981
calvin.mitali@equityjurischambers.com

Li Wan
Partner (China)
T +86 21 3852 2088
li.wan@dlapiper.com
Martin David
Head of Energy Sector, Asia (Singapore)
T +65 6512 6068
martin.david@dlapiper.com
Lance Miller
Partner (Japan)
T +81 34550 2812
lance.miller@dlapiper.com

David East
Partner (Australia)
T +61 2 9286 8340
david.east@dlapiper.com
Bruce Linke
Special Counsel (Australia)
T +61 3 9274 5850
bruce.linke@dlapiper.com
CIS
Delphine Nougayrde
Partner (Russia)
T +7 495 221 4422
delphine.nougayrede@dlapiper.com
EUROPE

AUSTRALIA

Yves Brosens
Partner (Belgium)
T +32 (0)2 500 1509
yves.brosens@dlapiper.com

Robert Edel
Partner (Australia)
T +61 8 6467 6228
robert.edel@dlapiper.com

Caroline Daout
Partner (Belgium)
T +32 (0)2 500 1624
caroline.daout@dlapiper.com

Stephen Webb
Partner (Australia)
T +61 7 3246 4208
stephen.webb@dlapiper.com

Koen De Maeyer
Partner (Belgium)
T +32 (0)2 500 1577
koen.de.maeyer@dlapiper.com

Damian McNair
Partner (Australia)
T +61 3 9274 5379
damian.mcnair@dlapiper.com

Oskar Winkler
Partner (Austria) CEE
T +43 1 531 78 1019
oskar.winkler@dlapiper.com

David Harley
Partner (Australia)
T +61 7 3246 4147
david.harley@dlapiper.com

DLA Piper Group Firms

www.dlapiper.com | 15

Fredrick Lindblom
Partner (Norway)
T +47 24 13 16 64
fredrick.lindblom@dlapiper.com

Krzysztof Wiater
Partner (Poland)
T +48 22 540 7447
krzysztof.wiater@dlapiper.com

Dr Eyad Reda
Partner (Riyadh)
T +966 12018989
eyad.reda@dlapiper.com

Aslak Aslaksen
Partner, (Norway)
T +47 24 13 15 29
aslak.aslaksen@dlapiper.com

Latin America

UNITED STATES

Martim Machado
Partner (Brazil)
T +55 11 3077 3511
martim.machado@dlapiper.com

Gina Zawitoski
Partner (US)
T +1 410 580 4291
gina.zawitoski@dlapiper.com

MIDDLE EAST

Bob Gruendel
Partner (US)
T +1 212 335 4736
robert.gruendel@dlapiper.com

Petra Billing
Partner (UK)
T +44 (0)114 283 3266
petra.billing@dlapiper.com
David Breakell
Partner (UK)
T +44 (0)20 7796 6111
david.breakell@dlapiper.com
Roger Collier
Partner (UK)
T +44 (0)121 262 5661
roger.collier@dlapiper.com

Jim Delkousis
Partner (Dubai)
T +650 833 2078
jim.delkousis@dlapiper.com
Anthony Ellis
Partner (Dubai)
T +971 4 438 6229
anthony.ellis@dlapiper.com

16 | Our Global Mining and Minerals Capability

OUR GLOBAL PRESENCE

www.dlapiper.com | 17

If you have finished with this document, please pass it on to other interested parties or recycle it, thank you.

www.dlapiper.com
DLA Piper is a global law firm operating through various separate and distinct legal entities.
Further details of these entities can be found at www.dlapiper.com
Copyright 2011 DLA Piper. All rights reserved. | MAY11 | 2009238 | F&P | Engy