The conference format will be the same as in previous years. It will include an energy law stream as part of the Friday sessions.
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2 AMPLA 2011 Annual Conference October 2011, Sofitel, Melbourne The AMPLA 2011 Annual Conference will be held in Melbourne from 19 to 22 October 2011 at the Sofitel Melbourne on Collins. This will be the 35th annual conference held by AMPLA. The conference is held annually and rotates around Australia s major cities AMPLA has developed an informative, current and interesting business and social program for the 2011 Annual Conference. The business program runs from Wednesday afternoon until Saturday morning, with a pre-conference workshop as the Wednesday session. Conference Format The conference format will be the same as in previous years. It will include an energy law stream as part of the Friday sessions. Wednesday 19 October Pre-conference workshop (2pm 5pm) Welcome Reception (6 pm the Melbourne Museum) Thursday 20 October Welcome and Opening Address Plenary sessions 1 & 2 Conference Lunch delegates only Plenary sessions 3 & 4 Conference Dinner (7pm The National Gallery of Victoria) Friday 21 October Stream A: Energy Law Concurrent sessions 5A & 6A Conference Lunch delegates only Concurrent sessions 7A & 8A Casual Dinner (7pm Eureka 89, Eureka Tower) Stream B: Mining Law Concurrent sessions 5B & 6B Conference Lunch delegates only Concurrent sessions 7B & 8B Casual Dinner (7pm Eureka 89, Eureka Tower) Saturday 22 October Plenary session Recent Developments Conference Close Conference program Wednesday Pre Conference Workshop Model Documents Workshop An interactive workshop designed to give participants both an oversight of AMPLA model documents and practical application of model documents. Participants will be guided through how to take a farm-in proposal letter and turn it into an executable joint venture agreement. Hands on interactive drafting experience- bring your laptop. (Workshop available either jointly with or separately from registration for the conference). 2
3 Thursday Plenary Sessions 1 Cross Border Contracts Cross border contracts are crucial to many parts of the globally-linked Australian resources and energy sector. From selling iron ore and LNG through to purchasing machinery and major construction contracts to M&A transactions and joint ventures, international transactions are vital to the sector s continued growth. This session will examine a number of foundation issues in cross-border transactions including choice of law implications and up to date arbitration and dispute resolution issues. 2 Incident and Disaster Response In the context of major incidents that have occurred over the last few years, including the 2009 Montara rig spill and fire, the 2010 BP Gulf of Mexico incident, the 2010 NZ Pike River Mine explosion and the 2011 weather events in Queensland, New South Wales and Western Australia, there are significant lessons to be learned and applied. In the light of these incidents, what are the consequences for energy and resources projects in Australia and overseas? This session will explore the various challenges faced by energy and resources companies, regulators and the community when responding to major incidents. Our speakers will consider issues ranging from incident response planning and managing an immediate crisis response through to the delivery of longer term responses and recovery operations. The session will provide particular focus on: planning for major incidents; crisis response management; longer term incident management; and industry, government, regulatory, community and company responses. 3 Judicial Review of Resources Decisions There are numerous decisions made by Ministers, Designated Authorities and Joint Authorities under mining and petroleum legislation relating to the grant, renewal, suspension and cancellation of tenements and titles ( licences ), approving dealings in licences and imposing licence conditions. The Ministers, Designated Authorities and Joint Authorities also have powers to direct the manner in which mining and petroleum operations are conducted. These powers tend to be discretionary. The manner in which these discretions are exercised can significantly impact the licensees rights and obligations and the financial, commercial and technical viability of its project. Judicial review is generally available to challenge these decisions but challenges tend to be rare for various reasons. This session will: outline the discretions available under the mining and petroleum legislation and discuss the way in which those discretions tend to be exercised; and identify how the exercise of those discretions can be challenged through judicial review and other proceedings. 3
4 4 Bribery and Corruption Australian resources companies are operating in parts of the world where they may be confronted by bribery and corruption, whether it is formalised corruption (eg a Government Minister expecting work to go to his brother s construction company in return for the mining lease) or a facilitation payment (eg having to pay extra for a legitimate service, such as a phone to be connected). To what extent do international laws, including the US Foreign Corrupt Practices Act and the UK Bribery Act, apply to Australian companies operating in these jurisdictions? How is corruption defined in these laws and to whom do the laws relate? How do you operate in these countries to avoid these practices? What measures can be put in place to prevent and detect corrupt activity in your organisation? What are the reputational, financial and legal impacts of contravening anti-corruption laws? Friday Concurrent Sessions As in past years Friday will be our Energy Law Day and will feature two streams. Stream A will focus on Energy Law, while stream B will focus on Mining Law. Delegates will be able to register for the entire annual conference and participate in some or all of these sessions, or register for the one day only. Stream A: ENERGY LAW 5A CSG to LNG The energy sector in Australia has undergone a significant transformation in the past few years as a number of international energy companies compete for a foothold in Australia s emerging coal seam gas (CSG) sector. From relative obscurity, the CSG sector in Queensland has become a potential rival to the massive North West Shelf in Western Australia as an energy source for power hungry Asia. However, unlike the conventional gas found on the North West Shelf, CSG has never been used as feedstock for an LNG plant and there have long been concerns about the viability of the proposed developments. While there are, as yet, no CSG-LNG projects currently in operation, the major players have been making positive final investment decisions for CSG projects which indicates that the technical and commercial viability of these projects are firming up. The stage is set for a world first a CSG to LNG project in full production. This session will examine some of the key technical, project structuring and bankability issues which these projects will face as they move into their execution, construction and development phases. 6A Energy Trading Australia s energy sector is changing rapidly. New legislation, greenhouse concerns and an ageing generation fleet are driving demand for new and diverse power sources, while the expanding gas sector is being driven by new fields, large LNG projects and demand for lower-carbon fuels. Both sectors are fortunate to be able to draw on a strong body of learning and know-how in the legal profession. This makes it timely to revisit the fundamentals of electricity and gas contracting in light of new market pressures. 7A Model Documents As part of its ongoing development of AMPLA Model Agreements, the AMPLA Board has commissioned an Exposure Draft of an AMPLA Model Petroleum Joint Operating Agreement (JOA) which has been prepared by the Petroleum JOA Reference Group. An Exposure Draft of the JOA has been approved by the Board and is published on the AMPLA website for general review and comment. The JOA is a basic 3 party joint venture agreement which may be used under the law of any State or internal Territory of Australia for all phases of oil and gas operations. The JOA is targeted for onshore use. This Session will present and explain the considerations behind how the JOA was constructed; and seek to engage members on issues still to be addressed and provide an opportunity for members to have an input into the JOA and the alternative and optional clauses. 4
5 8A Carbon Now that there is definition around the government s proposed carbon scheme, how does this impact upon today s resources and energy developments. This session will provide an overview of the scheme legislation with emphasis upon key resources issues such as the point of liability, operational control, fixed priced period and transition to a floating price period, corporate structures and joint ventures. It will also provide an analysis of carbon risks and strategies for future resources and energy projects, including project structuring options, carbon cost pass through, impact upon existing debt covenants and the impact on bankability of a project in the future. Stream B: MINING LAW 5B Joint Venture Voting Joint venture voting and disagreements are a perennial issue in resources and energy projects. Important recent cases have thrown new light on possible approaches to joint venture voting. The session will examine amongst other issues the extent to which the majority participants in a joint venture can determine the participants entitlements to annual production and the voting provisions normally found in joint venture agreements, including the AMPLA model JVA. 6B JORC The session plans to provide an outline of the Australasian Joint Ore Reserves Committee Code and how it applies to and regulates listed mining and exploration companies, and also outline the status and relevance of planned future revisions/updates of the JORC Code. The session will explore recent developments in relation to the JORC Code, including the latest examples of breaches, the recent review of compliance with the JORC Code by the ASX, and international developments on reporting of exploration results and mineral resources/ reserves. 7B Environmental Management There are regulatory processes in place at both Federal and State levels for obtaining all relevant environmental approvals for a resources project. It is a vital to get such approvals as quickly and efficiently as possible in order to maximize the prospect of the project being commercially successful. The first part of this session will involve a case study for obtaining approvals by the more traditional process. The second part of this session will look at the use of strategic environmental assessments to facilitate approvals for mining and oil and gas hubs. 8B PPSA and Joint Venture Personal Property Security legislation is upon us and has had a number of significant impacts on the resources sector, leaving many of our old assumptions redundant. This session looks at the main impact of PPSA on the resources sector and draws on experience from other jurisdictions that are further up the curve on PPSA experience. Saturday Plenary Session (morning only) 9. Recent Developments This session will cover a range of recent developments which will be confirmed closer to the conference. 5
6 Speakers The conference will bring together a first class faculty of Australian and international experts willing to share their knowledge and experience on a comprehensive range of topics. We are fortunate have an opening address from The Hon. Robert Clark, Attorney General of Victoria. In addition the following speakers have confirmed that they will be presenting at the conference. Angela Aroozoo, ExxonMobil, Melbourne Jastej Bains, Santos, Brisbane Stuart Barrymore, Freehills, Perth Robert Cockerell, Korda Mentha, Melbourne David Coull, Bell Gully, Wellington Emma Covacevich, Clayton Utz, Melbourne Jessica Davies, Allen & Overy, Sydney Graeme Dennis, Clayton Utz, Sydney James Douglass, Linklaters, Beijing Michael Durrant, Kelly & Co, Adelaide James Fahey, Mallesons, Melbourne Simon Fraser, Blake Dawson, Adelaide James Gerraty, ASX, Melbourne Sam Golding, Blake Dawson, Melbourne John Grace, Grace Legal, Melbourne Fergus Greene, Allens Authur Robinson, Melbourne Damian Lovell, BHP Billiton, Melbourne Justin Oliver, Minter Ellison, Brisbane David Maloney, Allens Arthur Robinson, Sydney Ann-Maree Mathison, Freehills, Perth Leanne McClurg, Piper Alderman, Adelaide James Minchinton, Clayton Utz, Brisbane Michael Pryles, SIAC, Singapore Alex Scott, Freehills, Perth Linda Widdup, Blake Dawson, Perth Doug Young, Younglaw, Brisbane The AMPLA website will be updated as other invited speakers confirm their involvement. Sponsors The support of the conference sponsors for the 2011 Annual Conference is appreciated and acknowledged, including many that have supported the AMPLA annual conference over many years together with a number of new sponsors. The sponsors that have confirmed their involvement are:: Principal: Minter Ellison Major: Allen & Overly, Allens Arthur Robinson, Allion Legal, BHP Billiton, Blake Dawson, Corrs Chambers Westgarth, DLA Piper, Freehills, Gadens Lawyers, Gilbert & Tobin, Johnston Winter & Slattery, Kelly & Co, Mallesons Stephen Jaques, MMG, Newmont, Rio Tinto, Vale General: Eni, Jones Day, Middletons, Oz Minerals, The AMPLA website will be updated when other sponsors confirm their involvement. Information about sponsorship opportunities is available later on. Registration The Conference Brochure is expected to be distributed in mid August. Online registration is now open, via the AMPLA website. If you have any questions or require assistance, please contact Peter de Zwart, Executive Director, or Katherine Mittas by phone on or by p.dezwart@ampla.org or k.mittas@ampla.org. 6
7 Venue, Social Program and Addition Activities The 2011 Annual Conference is to be held at the Sofitel Melbourne on Collins, which will provide a central location for the conference including the pre-conference workshop and all plenary and concurrent sessions. The business program is complemented by a program of social events which provide delegates and their guests an opportunity to meet informally, catch up with old acquaintances and establish new ones. Please consider bringing your partner or a guest to the conference as there is no shortage of Conference Social Events and Melbourne attractions to keep them entertained. What s on in Melbourne? Melbourne is a vibrant and ever-changing city with extraordinary surprises to be discovered in every basement, rooftop and laneway. As a centre for arts, culture, commerce, entertainment, education, sport and tourism, there is plenty to keep everyone entertained. For more information on what to do in Melbourne please visit the AMPLA website, or the official Melbourne travel site. Welcome Reception The Melbourne Gallery, The Melbourne Museum, 11 Nicholson St, Carlton 6pm to 9pm, Wednesday 19 October, 2011 Our Welcome Reception will be held at the Melbourne Museum on the first evening of the conference. The night will begin with a private viewing of the Tutankhamun exhibition followed by a reception surrounded by The Melbourne Story exhibition held in the Melbourne Gallery. A Welcome to Country will be conducted by a Wurundjeri elder. This is the Tutankhamun exhibition s first visit to Australia and the Melbourne Museum is the only Australian host venue. Revel in the splendour of Ancient Egypt and dazzle at the array of possessions unearthed from the boy king tomb, before venturing up to the Melbourne Gallery to discover the history of this vibrant city. The Melbourne Story exhibition is the most complete and object rich exhibition about Melbourne ever staged, and features more than 1200 objects from Museum Victoria s collection. Dress: Smart Casual Conference Dinner The Great Hall, The National Gallery of Victoria, 180 St Kilda Rd, Melbourne 7pm to 11pm, Thursday 20 October, 2011 The Conference Dinner will be held in The Great Hall at The National Gallery of Victoria. Famous for its stunning stained glass ceiling by Leonard French, The Great Hall will provide a memorable conference dinner venue for all delegates and guests. Dress: Lounge Suit / Cocktail Dress Casual Dinner Eureka 89, The Eureka Tower, Level 89 Eureka Tower, 7 Riverside Quay Southbank, Melbourne 7pm to 11pm, Friday 22 October, 2011 Join us for a casual dinner, 300 metres above cosmopolitan Melbourne at Eureka 89 Level 89 of the Eureka Tower. With unparalleled 360 degree views across Melbourne, this venue will provide an unforgettable dining experience for all those who attend. Dress: Smart Casual Wine Tour Mornington Peninsular, 12:30pm 6:30pm, Saturday 22 October, 2011 Delegates and guest are invited to attend a wine tour to the Mornington Peninsular on Saturday afternoon. Buses will depart from the Sofitel Melbourne on Collins at 12:30pm and take delegates directly to Salix Restaurant for a two course lunch, glass of wine and coffee. Lunch will be followed by private wine tasting at Willow Creek Vineyard and finish with private wine tasting with cheese and biscuits at Tanglewood Estate. Delegates will return to the Sofitel Melbourne on Collins by bus at 6:30pm. Please note that social functions (excluding the wine tour) are included in full conference registrations, and for the day of a single registration. Additional costing information will be available upon registration. 7
8 Accommodation For the benefit of delegates, AMPLA has made a block booking at the Sofitel Melbourne on Collins. A limited number of rooms are available at the special conference rate and will be allocated on a first come, first served basis. Subject to availability, the special conference rate may be available until 5 October, If you would like to make a reservation, please complete the accommodation booking form and send it directly to the hotel. AMPLA is not involved in the accommodation booking process. Room costs are available on the booking form or via the AMPLA website. Yearbook The 2011 Yearbook will contain the papers presented at the conference and will be available, either as a hard copy or CD, to each full fee paying delegate as part of the registration fee. Delegates Conference delegates are mostly lawyers and in-house counsel involved in resources and/or energy law. There is a mixture of Australian and international attendees, which include AMPLA members and non-members. The number of delegates that normally attend is Sponsorship Opportunities A range of sponsorship opportunities are being offered. Sponsors will receive acknowledgement and benefits relating to their level of sponsorship. Refer to the Sponsorship Opportunities brochure for further details of the benefits of each of the packages. About AMPLA AMPLA is a not-for-profit association that was established in 1976 by a group of young lawyers keen to know more about the law and practice relating to resources and energy. Over the years the interests of the Association have extended to include climate change, emissions trading, the environment, native title and all legal aspects of energy production and marketing. AMPLA has grown to form a network of branches across Australia and with members in several overseas countries including New Zealand, Japan, Singapore, Indonesia, Hong Kong, China, Argentina, the United States and the United Kingdom. There are currently over 1200 AMPLA members throughout the various states and territories of Australia together with overseas members. Further Information If you need further information at this stage or would like to register now or consider sponsorship please contact Peter de Zwart Executive Director, or Katherine Mittas by phone on or by p.dezwart@ampla.org or k.mittas@ampla.org. Updated information in relation to the conference, including the speakers, sponsors, registration, pre-conference workshop, social program and accommodation will be published on the 2011 Annual Conference page on the AMPLA website over the coming month. 8
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