global mining brochure 2

www.dlapiper.com | 01

OUR GLOBAL MINING AND MINERALS CAPABILITY

02 | Our Global Mining and Minerals Capability

DLA Piper has 4,200 lawyers and provides a range of legal services from 76 offices in 30 countries across Asia Pacific, 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.

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.

an intrOductiOn tO dla piper


a snapsHOt OF Our client Base

African Barrick Gold

Aggregate Industries UK Limited

Aggregates Industries US

Anglesey Mining plc

Anglo Pacific Plc

Anglovaal Minerals

Artemis

ATH Resources plc

BHP Billiton Energy Coal South Africa Limited

Bolsini Gold

Centamin Egypt Limited

Clermont Coal Mining

Coal Resources Corporation

Cory Environmental (Central) Limited

CPL Industries Limited

Donetsksteel

Ennstone plc

Essroc

Geodynamic Limited

Harmony Gold Mining Company Limited

Ibstock Brick Limited

JSC Madneuli

Lafarge Aggregates Limited

London Concrete Limited

Lonmin Plc

Metorex Corporation

Miller Argent (South Wales) Limited

Minara Resources Limited

Mitsubishi

MMC Norilsk Nickel

Murchison Metals

New Africa Mining Fund

Newmont Mining Corporation

Pamodzi Resources Fund

Petmin Limited

Platinum Group Metals Ltd

Recycoal Limited

Rio Tinto

Salt Union Limited

Sibelco UK Limited

Sinom Investment Limited

Sonora Gold & Silver Corp

TanzaniteOne Mining Limited

Tata Steel UK Limited (formerly Corus (UK)

Limited)

Teck Cominco Australia Pty Limited

The Coal Authority

Tolsa SA

UK Coal plc

United Coal Company

Uranium Onc Inc

Vale

Wega Mining ASA


sample mining transactiOn

LEGAL AND REGULATORY FRAMEWORK/ARRANGEMENTS

AND GOVERNMENT AFFAIRS

EXPLORATION PERMITS AND TRANSFER OF MINERAL RIGHTS

FINANCING THE VENTURE/EQUITY

PARTICIPATION

MINE DEVELOPMENT AND BUILDING INFRASTRUCTURE

DISTRIBUTION AND OFF TAKE ARRANGEMENTS

ONGOING ADVICE

LABOUR AND EMPLOYMENT

CONCESSION AND DEVELOPMENT

AGREEMENTS

TAXATION

LAND AND MINERAL OWNERSHIP

HEALTHAND SAFETY

ENVIRONMENTAL

EARN-IN/FARM-IN JOINT VENTURES/SHAREHOLDERS

AGREEMENTS

MINERAL RIGHTS AGREEMENTS

STRUCTURING THE VENTURE

INSURANCESMELTER

ARRANGEMENTS

OFF TAKE AGREEMENTS

DISTRIBUTION

TRANSPORT

WATER SUPPLY

POWER

FEASIBILITY AND BANKABILITY

DISPUTE RESOLUTION

COMPETITION APPROVAL

LOAN AGREEMENTS

SECURITY RELATED MATTERS

CORPORATE STRUCTURE

MINERAL SHARING

LETTERAGREEMENTS

STAGE 3

STAGE 4

STAGE 5

STAGE 1

STAGE 2


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

Our recent eXperience

* 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.


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.

Advising the Bakgatla-Ba-Kgafela Tribe in its high-

value 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 Anglo American.

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.


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 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 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.

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 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 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 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 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


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

agreements; encroachment of project infrastructure on pastoral leases including objections and compensation, and various tenure related issues.

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, DLA Cliffe Dekker Hofmeyr, 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


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 Slavutich Carlsberg 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.

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 North Australian 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)


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

Advising Doe Run Resources Corp, as acquirer and

project sponsor, in connection with the privatization of the Peruvian mining industry and acquisition of La Oroya 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

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.

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 Potomac Riverkeeper 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*

mwelwa chibesakundaChibesakunda & Co (Zambia) Partner t +260 211 254151 [email protected]

allan reidCliffe Dekker Hofmeyr (South Africa) Director Corporate and Commercial t +27 (0)11 562 1222 [email protected]

Barnabas tumusingizeSebalu & Lule (Uganda) Partner t +256 312 250013 [email protected]

protase ishengomaIMMMA Advocates (Tanzania) Managing Partner t +255 22 211 1622 [email protected]

ekua Hayfron-BenjaminReindorf Chambers (Ghana) Partner t +233 302 225678/249564 [email protected]

James KamauIseme, Kamau & Maema Advocates (IKM) (Kenya) Managing Partner t +254 20 2711021 [email protected]

calvin mitaliEquity Juris Chambers (Rwanda) Partner t + 0727300981 [email protected]

asia

roy chanPartner (China) t +86 21 3852 2188 [email protected]

li WanPartner (China) t +86 21 3852 2088 [email protected]

martin davidHead of Energy Sector, Asia (Singapore) t +65 6512 6068 [email protected]

lance millerPartner (Japan) t +81 34550 2812 [email protected]

australia

robert edelPartner (Australia) t +61 8 6467 6228 [email protected]

stephen WebbPartner (Australia) t +61 7 3246 4208 [email protected]

damian mcnairPartner (Australia) t +61 3 9274 5379 [email protected]

david HarleyPartner (Australia) t +61 7 3246 4147 [email protected]

david eastPartner (Australia) t +61 2 9286 8340 [email protected]

Bruce linkeSpecial Counsel (Australia) t +61 3 9274 5850 [email protected]

cis

delphine nougayrdePartner (Russia) t +7 495 221 4422 [email protected]

eurOpe

Yves BrosensPartner (Belgium) t +32 (0)2 500 1509 [email protected]

caroline daout Partner (Belgium) t +32 (0)2 500 1624 [email protected]

Koen de maeyerPartner (Belgium) t +32 (0)2 500 1577 [email protected]

Oskar WinklerPartner (Austria) CEE t +43 1 531 78 1019 [email protected]

* DLA Piper Group Firms


Fredrick lindblom Partner (Norway) t +47 24 13 16 64 [email protected]

aslak aslaksenPartner, (Norway) t +47 24 13 15 29 [email protected]

petra BillingPartner (UK) t +44 (0)114 283 3266 [email protected]

david BreakellPartner (UK) t +44 (0)20 7796 6111 [email protected]

roger collierPartner (UK) t +44 (0)121 262 5661 [email protected]

Krzysztof Wiater Partner (Poland) t +48 22 540 7447 [email protected]

latin america

martim machadoPartner (Brazil) t +55 11 3077 3511 [email protected]

middle east

Jim delkousisPartner (Dubai) t +650 833 2078 [email protected]

anthony ellisPartner (Dubai) t +971 4 438 6229 [email protected]

dr eyad redaPartner (Riyadh) t +966 12018989 [email protected]

united states

gina ZawitoskiPartner (US) t +1 410 580 4291 [email protected]

Bob gruendelPartner (US) t +1 212 335 4736 [email protected]


OUR GLOBAL PRESENCE

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

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

www.dlapiper.com

global mining brochure 2

Documents