An investor's guide to the sector and its regulations.
Demand for new infrastructure will be especially high where the two classic signs of infrastructure shortfalls — congestion and overcrowding — are evident. Australia's ports and principal airports will require major upgrades and expansion to avoid gridlocking the nation's logistics network. Urban highway and rail networks will also require priority attention in order to deliver more efficient outcomes for commercial traffic and commuters.
Our infrastructure lawyers have unparalleled experience advising governments and the private sector on all aspects of port, airport, road and rail projects. We provide tailored and cross-disciplinary teams for the project lifecycle – from strategic input through to project delivery and dispute resolution – and seamlessly integrate specialists in real estate, planning, environment, construction, tax, finance, competition and regulatory, insurance and dispute resolution to manage risk and achieve the best outcome for the project.
Port of Townsville Limited has commenced an expansion of the Port of Townsville to address current capacity constraints and accommodate forecast growth in trade over a planning horizon to 2040. We are assisting the Port of Townsville Limited in all matters associated with the $310 million upgrade of two major berths at the Townsville port including the project delivery method which is now proposed to be a competitive ECI. This project involves reclamation, general construction and upgrading of facilities.
Advised Port of Melbourne Channel Deepening, one of the largest infrastructure projects conducted by the Victorian Government in recent times, seen as critical to the Port and Australia's position in global shipping. As key advisers to the Port of Melbourne Corporation, we advised on many aspects of the project, including the Supplementary Environmental Effects Statement and managed the public hearing process Federal Court litigation over the Federal Government's environmental approval for the dredging, cultural and Aboriginal heritage issues, relocation of essential infrastructure under the Yarra River, the resolution of the alliance dredging contract, and land tenure issues relating to land assets affected by the project.
Acted for Roads & Maritime Services (RMS) on preparing the new design and construction project deed for use on major projects. Work involved participating in workshops to discuss risk allocation and drafting the new form of contract in close consultation with the RMS legal and commercial teams.
Acted for Transport for NSW on the Franchising Sydney Ferries project. This follows on from acting for the NSW Department of Transport & Infrastructure in the Sydney Ferries Market Review project in 2010. This was a high profile and politically sensitive project to implement the recommendations of the Walker report to franchise the iconic operation of the ferries on Sydney harbour. It involved the drafting of service contracts and the conduct of a tender process, extensive due diligence, evaluation and negotiation with three private sector consortia and, ultimately, completion of the transaction with the preferred tenderer and transition from Sydney ferries to the new private sector operator.
The cornerstone of the Brisbane Airport Corporation's infrastructure program for Australia's third-busiest airport is a new Parallel Runway, expected to be completed by 2020. The new runway will be the first new major runway planned and built in Australia for decades and be among very few privately built runways in the world.Minter Ellison is currently supporting BAC with the development and implementation of a procurement strategy for Stage 1 of the proposed $1.3 billion runway. This is one of the most significant transport sector projects in Queensland involving complex civil, dredging and reclamation work.
Advising Leighton Contractors, John Holland Group and Dragados S.A. on their shortlisted bid, as part of the Momentum Infrastructure consortium, for the design and construction elements of East West Link PPP project.
Assisted Melbourne Airport in the tender and contract execution phase of its Southern Precinct Program. Our hands on role included initial contract preparation, review of the invitation to tender and other related documents, review of tender responses and finally negotiation and completion of the contract with Melbourne Airport's preferred tenderer, Leighton Contractors. The Southern Precinct Program involves the construction of a new terminal, carpark and road network at Melbourne airport and includes baggage handling facilities, check-in kiosks and retail areas. Work is expected to commence in October 2013. Minter Ellison has also assisted Melbourne Airport in its negotiations with the airlines that will operate from the new terminal. Our role has included initial contract preparation and direct involvement in the negotiation process.