Jay Leary
Jay is an energy, resources and infrastructure lawyer and is head of our global mining team.
Jay undertakes a broad range of work for mining companies including joint ventures, earn-in arrangements, private M&A, offtake agreements, marketing agreements, contract mining agreements, operating agreements, royalty agreements and development projects. He is often bought in by clients as an adviser in relation to their most difficult and strategic matters.
As the global head of mining for Herbert Smith Freehills and the client relationship partner for BHP and South32, Jay has a deep understanding of the mining industry. Leveraging his joint venture, offtake and structuring knowledge, Jay works on critical minerals projects around the world. He also acts as a commercial strategic adviser on contentious matters together with our disputes teams.
Background
Jay is recognised globally as a leading lawyer in the mining industry. He is profiled in Chambers & Co (Tier 1), Best Lawyers, ILC Which Lawyer, Legal500, ALB, Who’s Who, Acritas star, Doyles Guide and was rated by ILC as Australian energy and resources lawyer of the year numerous times.
Jay undertakes a range of pro bono work for refugee applicants, mental health organisations and Aboriginal not-for-profits.
Experience & expertise
Selected matters
Private M&A and JVs
- advising South32 on its acquisition of the Sierra Gorda copper mine
- advising MinRes on JV arrangements for the Wodgina lithium mine and Kemerton hydrxide refinery
- advising SQM on its joint venture with Hancock for the Andover lithium mine
- advising on DRI joint ventures and offtake
- advising Astron Corporation on its rare earth joint venture with EFR
- advising S32 on the sale of the Illawarra coal mine
- advising BHP on the sale of interest in the BMC joint venture
- advising Wesfarmers on the sale of the Curragh and Bengalla mines
- advising bidders in relation to recent sales processes run by Rio Tinto and Anglo American
- advising South32 on the acquisition of the Eagle Downs coal mine
- advising a consortium of 11 coal companies on their attempted purchase of the Central Queensland coal network
- advising SQM on its acquisition of a 50% share in a lithium deposit and creation of a joint venture
Offtake agreements
Jay has negotiated and drafted offtake, marketing and sales agreements for iron ore (and related products), copper, nickel, rare earths (REEC and HMC), lithium (spodumene, concentrate and hydroxide), graphite, vanadium, cobalt, manganese, zinc, tin, bauxite, alumina, silver, gold and platinum, potash and phosphate.
Strategic matters
- assisted BHP in relation to the Samarco incident
- assisted a confidential mining company on restructuring of its marketing arrangements
- assisted BHP on its demerger of South32
- advised a company on the establishment of its potash business
- advised a lithium company on threats on nationalisation (and subsequent state agreements)
- advising a global mining company on divestment options for a global business unit
Operating agreements
Jay regularly drafts contract mining agreements and service agreements for mines and commodity ports and railways
Project development
- prepared EPCM, project management, EPC and construction agreements for mine developments and expansions
- drafted and negotiated the EPC and EPCM agreements for Santos’ GLNG project, including LNG plants, gas transmission line and gas field development
Rail and port
- Jay has been the primary legal adviser to mining companies in relation to Aurizon’s Central Queensland access arrangements since 2010
- He also been heavily involved in ARTC’s Hunter Valley rail network, as well as the DBCT port, Abbot Point port, PKCT terminal, and NCIG and Port Waratah coal terminals
- Jay has assisted numerous companies in relation to rail and port structuring (including operational matters)
