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ARTICLE · 08 NOVEMBER 2006

Going Overseas

In competitive times where projects are hard to come by clients will increasingly look overseas for that next opportunity. Be it in Africa, Asia or Europe, Australian resources companies must be among the most active and entrepreneurial when it comes to seeking new frontiers for exploitation.

AustraliaCorporate/Commercial Law
Claire Boyd
Claire Boyd

No, not for a holiday but to look for an asset.

In competitive times where projects are hard to come by clients will increasingly look overseas for that next opportunity. Be it in Africa, Asia or Europe, Australian resources companies must be among the most active and entrepreneurial when it comes to seeking new frontiers for exploitation. But while the principles of geology may be largely universal, the legal systems which govern the ownership and development of geological projects are not and there may be important differences that impact on negotiations for the acquisition of projects in foreign jurisdictions.

For example, minerals may be owned by the relevant Government and licensed to individuals (as they are in this country) or privately owned (as was, until recently, the case in South Africa). Governments may also be entitled to an ongoing interest in resources project in their country and this may take many forms varying from royalty interests (which are common in many

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