Model Documents

11.01 - 11.04: Model Mining Joint Venture Agreements, Pro Forma PPSA Financing Statements and Guidance Note

Available Documents

Introduction

The Model Mining Joint Venture Agreement (MMJVA) covers all normal basic provisions where an unincorporated joint venture progresses from the Exploration stage through Development to the Mining, Treatment of Minerals, and Rehabilitation and Mine Closure. Associated documents include a full Accounting Procedure, Cross Charge ( Cross Security after 30 January 2012) and the Permitted Chargee's Deed of Covenant ( Financier's Deed of Covenant after 30 January 2012).

The MMJVA is based on the Model Minerals Exploration Joint Venture Agreement but has significantly more developed provisions. It may be used for any Mineral (with suitable adaption) under the law of any State or internal Territory of Australia.

There are also Model Alternative and Optional Clauses, which are tailored to fit seamlessly into the basic Model.

Impact of Legislative Changes

The Mining JVA takes into account the Competition and Consumer Act 2010 (Cth) which came into effect on 1 January 2011, and which continues ss. 44ZZRO and 44ZZRP of the Trade Practices Amendment (Cartel Conduct & Other Measures) Act 2009 , which came into effect on 24 July 2009. The existing Approved Version has some basic clauses which address the issues raised by this legislation.

Associated Documents

Following the introduction of the Personal Property Security Act 2009 (Cth) ( PPSA ) the AMPLA Board approved the Model Deed of Cross Security. This replaces the Model Cross Charge and Model Permitted Chargee’s Deed of Covenant.

The AMPLA Board has also approved two Exposure Draft Pro Forma PPSA Financing Statements for use in registration of security interests (as defined in the PPSA) arising under the Minerals Exploration JVAs and the Mining JVAs as well as the Petroleum Exploration JOAs and Petroleum JOAs.

In addition, there is a Guidance Note explaining the considerations behind the Joint Venture Securities and Pro Forma Financing Statements for the Model Minerals Exploration JVAs, Mining JVAs, Cross Security, Petroleum Exploration JOAs and Petroleum JOAs.

Documents

11.01: Model Mining Joint Venture Agreement

Format Doc No. Date Status Reference Group
WORD PDF 110101 01.03.10 VERSION 1
WORD PDF 1101ED 09.09.09 EXPOSURE DRAFT X

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11.02: Model Mining Joint Venture Agreement - Alternative & Optional Clauses

Format Ref No. Date Status Reference Group
WORD PDF 110201 10.06.10 VERSION 1 X
WORD PDF 1102ED 09.09.09 EXPOSURE DRAFT X

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11.03 & 10.04: Pro Forma PPSA Financing Statement - MMEJVA & MMJVA

Download Doc No. Date Status Reference Group
WORDPDF 1004ED
1103ED
24.08.12 EXPOSURE DRAFT X

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11.04, 10.05, 13.06, 20.04 & 21.04: Guidance Note - Joint Venture Securities & Pro Forma PPSA Financing Statements

Download Doc No. Date Status Reference Group
WORD PDF

1005ED
1104ED
1306ED
2004ED
2104ED

24.08.12

EXPOSURE DRAFT

X

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