Chinese Investment in Australia: Unique Insights from the Mining Industry

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6 editions of this work

Authors: Huang , X. This book provides comprehensive coverage on the key issues of Chinese investment in the Australian minerals industry. It offers unique insights into the entry process, the management of Chinese investments, and their success factors and lessons learnt as being impacted upon by the entangling of political, economic, social and competitive forces.

Pala at a glance

His research focuses on strategic management, innovation management, and Chinese investment in Australia. He has provided consulting services and training programmes to many Australian and Chinese firms.

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Ian Patrick Austin - Google Scholar Citations

JavaScript is currently disabled, this site works much better if you enable JavaScript in your browser. In particular, Rio Tinto and Anglo American have divested of a number of thermal and metallurgical coal assets in Queensland and New South Wales in the last two years. A lack of traditional equity and debt funding sources in the market has introduced a new level of novelty to transaction structures. Deals involving underperforming assets have seen a trend toward nominal purchase price structures, deferred consideration, contractual royalties, and seller commitments to fund ongoing project expenditures in return for buyers taking on take-or-pay obligations in respect of rail and port access and environmental liabilities.

The buyer grants a royalty to the seller on future production, revenue, or profit generated by the mining project. There are no fixed guidelines that dictate the terms to be included in a private royalty arrangement. This flexibility is an attractive proposition for both sellers and buyers as it allows them to agree to arrangements that might satisfy a broad range of commercial criteria. While the use of royalty arrangements has been driven in part by the difficulties the industry has experienced in securing conventional debt and equity funding, it is also due to the unique characteristics of private contractual royalties, which make them attractive to sellers and buyers alike.

This is driven in part by an emphasis on cost cutting among deal teams assembled by mining houses and private equity firms alike and also the competitive sales processes that are being run by the sellers in the market. Bidders wish to avoid expensive due diligence exercises when a successful outcome is far from assured. Joint investments in Australian mining and metals projects have traditionally been structured as unincorporated joint ventures. In an unincorporated joint venture, the parties agree by contract to hold the joint venture property as tenants in common in their respective proportions rather than hold shares in a corporate entity or an interest in a partnership.

Over time, however, we may see a shift toward partnerships, because exiting from a partnership may yield a more efficient after-tax position than selling out of a joint venture structure.


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Private equity investors with a fixed investment timeline might also find such tax efficiency an advantage worth considering. Sellers in the market have also been reluctant to agree to sale structures that involve redundancies given the negative publicity and reputational issues associated with downsizing operations, even where the seller is fully exiting a project.

Sharing existing infrastructure including processing plants and train load-out facilities can enable owners to release capital and make use of latent capacity. These structures can take the form of a simple toll washing arrangement or a more complex sale and purchase of a percentage interest in the relevant assets and the entering into of a joint venture.

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FIRB changes and increased scrutiny Subject to specific thresholds, foreign investors in Australia require approval from the Foreign Investment Review Board FIRB to acquire an interest in a mining project or shares in an entity that holds the relevant assets. Moreover, the approval process is more rigorous than it was in the past and applies to a broader range of transactions. One change that does not appear to be widely understood is the obligation to obtain FIRB approval for acquiring certain security interests over tenements.