Asian companies are tipped to increase stakes in Australia's resources sector. Richard Szabo spoke to firms to find out what opportunities there are in the golden West
Chinese, Japanese and Korean companies are preparing to increase stakes in the Australian resources sector, which means there could be more M&A work on the way for lawyers.
DLA Phillips Fox partner Robert Edel for one believes there will be a significant increase in Sino-Australian M&A next year. This is partly because many Asian companies are sitting on significant cash reserves, have strong balance sheets and are waiting for the banks to return to normal lending practices. But it is also because with a weak Aussie dollar and startlingly low P/E ratios scattered throughout the ASX, some Australian assets are currently looking like real bargains.
Chinese steel producer AnSteel's move to increase its stake in its Australian joint venture partner Gindalbie Metals (A$162m) (acted on by Clayton Utz partner Mark Paganin), and Chinese traders increasing their stakes in Mount Gibson, which faced near closure and agreed to sell at a discounted price, are perhaps signs of things to come.
Corrs Chambers Westgarth partner Adam Handley reports multiple requests for assistance from Korean, Japanese and Chinese clients, looking to acquire gold, coal, uranium and iron ore projects in Australia. None of the deals can be made public at the moment but intelligence from Mergermarket supports his claim that deals are in the making.
Japan-based Sumitomo, Mitsui and Mitsubishi UFJ are all reportedly keen to invest in Australian mining operations. In fact, analysts say these companies are likely to target coal within the next year and Aquila Resources, Felix Resources and Gloucester Coal are possible targets. White Energy Company has confirmed its willingness to consider a takeover bid.
The Australian federal government has attempted to expand uranium mining in Western Australia and Mallesons' head of resources Perth-based Alan Murray says it would provide longer-term work for law firms. Murray says uranium mining would create more work, particularly in developing and implementing new aspects of environmental and other regulation around uranium mining and handling.
It could also increase project development and potential merger activity, as clients move from exploration to development. Uranium mine developments are likely to take longer to commence, according to Murray. He says the uranium market is tighter than commodities such as iron ore and "consequently, companies wouldn't worry as much about short-term minerals prices as others now need to do, for example in iron ore."
Johnson Winter & Slattery partner Rick Malone says most iron ore miners are trading at substantial discounts compared to 12 months ago, making smaller miners attractive targets. "The Chinese still require secure iron ore supplies at a reasonable price and many of the juniors are very attractive propositions," he said.
However, Edel says M&A is not likely to be confined to small players: "it won't be restricted to small players in the sector; it will reach the mid range in coal, base metal, uranium or gold. If they have good assets and access to rail and port infrastructure they'll be good targets." In the short-term the declining Australian dollar coupled with recent falls in key commodity prices has created favourable conditions for acquirers. Since the dollar is likely to remain weak it could mean that foreign investment in the energy & resources sector will remain active for the next 12 months. ALB
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Key points
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Significant 'uptick' in Sino-Australian M&A expected for 2009
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Korean, Japanese and Chinese clients expected to acquire gold, coal, uranium and iron ore projects in Australia
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Uranium mining to create more work in developing and implementing new environmental regulations, and increased project development and merger activity
Iron ore miners are trading at substantial discounts compared to 12 months ago, making smaller miners attractive targets
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Acquisition expected to reach mid range in coal, base metal, uranium or gold targets, particularly those with good access to infrastructure
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Dollar likely to remain weak, meaning foreign investment in the energy & resources sector will remain active for next 12 months
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ANSTEEL-GINDALBIE STAKE ACQUISITION
A$162.1m
Firm: Clayton Utz
Lead lawyer: Mark Paganin
Client: Gindalbie Metals
Firm: Deacons
Lead lawyers: Ian McCubbin, Shaun McRobert
Client: Ansteel
- Gindalbie Metals' Karara iron ore project joint venture partner Anshan Iron & Steel Group Corporation (AnSteel) boosted its stake in Gindalbie from 12.6% to 36.28%
- Offer includes equity contribution towards estimated A$1.8bn Karara project development. Arrangement is via a A$162.1m share placement
- Placement subject to formal agreement and both shareholder and regulatory approval
CHINALCO-ALCOA RIO TINTO STAKE ACQUISITION
A$15.3bn
Firm: Mallesons Stephen Jaques
Lead lawyer: Peter Cook
Client: Chinalco
Firm: Clifford Chance
Lead lawyers: Kathy Honeywood,
Nigel Wellings, Rupert Li
Client: Chinalco
Firm: Simpson Thacher
Lead lawyers: Douglas Markel, Shaolin Luo, Liang Wang
Client: Chinalco
Firm: Sullivan & Cromwell
Lead lawyers: Robert Osgood, Juan Rodriguez
Client: Rio Tinto
- Chinalco, together with Alcoa, purchased about 12% of outstanding shares in Rio Tinto in the open market for over US$14bn
- This is the largest foreign investment ever by a Chinese entity
- Chinalco is a major alumina and primary aluminium producer in China and has operations in 21 provinces in China and subsidiary offices in nine countries across five continents
- Shares were purchased from a number of investors in Rio Tinto at US$118 per share, around a 20% premium to Rio Tinto's closing price on 31 January 2008
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