The Nationals LNP

Photo Gallery
Community Switch
This week's rainfall
Barnaby's Blog
 

Barnaby's Blog

23

DEADLINE EXTENDED TO 9am TUESDAY APRIL 28

The Treasurer has issued this media release:

 

Foreign Investment Decision
Today I approve a revised application by China Minmetals Non-ferrous Metals Co Ltd to acquire certain mining assets of OZ Minerals Ltd, but not including the Prominent Hill mine, conditional on legally enforceable undertakings.

Minmetals will, in summary: 

Operate the acquired mines as a separate business with commercial objectives. 
Operate the mines using companies incorporated, headquartered and managed in Australia under a predominantly Australian management team. 
Price all off‑take on arms‑length terms by a sales team headquartered in Australia, with reference to international observable benchmarks and in line with market practice. 
Maintain or increase production and employment at Century, Rosebery and Golden Grove mines, pursue growth in Century and Rosebery mines, reopen Avebury mine and develop Dugald River, subject to economic conditions. 
Comply with Australian industrial relations laws and honour employee entitlements. 
Maintain and increase levels of Indigenous employment in its local operations and honour agreements with Indigenous Australian communities. 
These undertakings, which are designed to protect around 2,000 Australian jobs, ensure consistency with Australia's national interest principles and are a condition of my approval under the Foreign Acquisitions and Takeovers Act 1975 (see Attachment). 

Minmetals' revised proposal is for Golden Grove, Century, Rosebery, Avebury and Dugald River mining operations in Australia. These produce zinc, copper, lead, and silver, which are priced with reference to the London Metal Exchange. Currently, some 80 per cent of total production from these mines is subject to life of mine contracts. 

On 27 March, I announced that an earlier takeover proposal by Minmetals for OZ Minerals that included Prominent Hill, which is located within the Woomera Prohibited Area, could not be approved on national security grounds. 

OZ Minerals has advised that it intends to remain an ASX listed company and to continue operating and further developing the Prominent Hill mine.

CANBERRA
23 April 2009


--------------------------------------------------------------------------------

Attachment
"China Minmetals Non-ferrous Metals Co Ltd undertakes: 

to operate the acquired OZM Assets as a separate business unit according to commercial objectives, including the maximisation of product prices and long-term profitability and value. 
to have the OZM Assets in Australia owned by and publicly acknowledged to be owned by companies incorporated, headquartered and managed in Australia under a predominantly Australian management team, with: 
the Chief Executive Officer and Chief Financial Officer of the Australian operations having their principal place of residence in Australia 
the Boards of those companies each having at least two directors whose principal place of residence is in Australia; 
the majority of all regularly scheduled board meetings of those companies in any calendar year being held in Australia; and 
an annual financial report in accordance with section 295 of the Corporations Act 2001, together with an annual director's report that includes a review of the operations and principal activities of the group including product sales, employees, community relationships, environmental performance and any matter or circumstance that may significantly affect its operations, results or state of affairs in future years being lodged with the Australian Securities and Investments Commission and being made accessible to the Australian public on the Group's Australian website. 
that products produced by OZM Assets in Australia will be sold on an arms‑length basis by the Australian Group's sales team headquartered in Australia, with base and precious metals prices being determined by reference to international observable benchmarks (e.g. LME and COMEX) in line with market practice. 
to: 
continue to operate the Century, Rosebery and Golden Grove mines at current or increased production and employment levels; 
pursue the growth of the following projects: 
the Century mine in Queensland, by the continuation of exploration activities for ore and/or the conversion or later sale of the plant so that it can produce a phosphate concentrate; and 
the Rosebery mine in Tasmania, which with further exploration and development work, could continue to operate well beyond current mine life or at levels beyond current production rates; and 
reopen Avebury (nickel) in Tasmania and develop Dugald River (zinc) in Queensland; 
subject in each case to project feasibility and economic fundamentals permitting. 
to comply with Australian industrial relations laws and to honour employee entitlements. 
to support Indigenous Australian communities, by honouring agreements with Indigenous Australians and maintaining and increasing levels of Indigenous employment in its local operations." 
This condition, imposed under Section 25(1A) of the Foreign Acquisitions and Takeovers Act 1975, is subject to any revocation or amendment by the Treasurer. 
 
 

 

It is not too late to make a submission to the Senate inquiry as the Foreign Investment Review Board is still considering the Chinalco bid for a portion of Rio Tinto. Voters who are concerned about the sale of Australia’s sovereign wealth assets have been signing the online petition and sending the link to their friends and colleagues, which has added to the tally every day.

They can also make a submission to the Senate Standing Committee on Economics inquiry into foreign investment by state-owned entities.

On 18 March, 2009, the Senate referred the following matters to the Senate Standing Committee on Economics for inquiry and report by 17 June 2009:
a.    the international experience of sovereign wealth funds and state-owned companies, their role in acquisitions of significant shareholdings of corporations, and the impact and outcomes of such acquisitions on business growth and competition; and
b.    the Australian experience of foreign investment by sovereign wealth funds and state-owned companies in the context of Australia’s foreign investment arrangements.
The Committee invites written submissions which should be sent to:
Committee Secretary
Senate Economics Committee
Department of the Senate
PO Box 6100
Parliament House
Canberra ACT 2600
Australia
 
The closing date for submissions is Friday, 24 April 2009.
The Committee requests that where possible, submissions should also be provided by email to economics.sen@aph.gov.au. Notes to assist in preparing submissions are available from the website http://www.aph.gov.au/senate/committee/wit_sub/index.htm or telephone the Secretariat on 02 6277 3540, fax: 02 6277 5719, or email at the above address.
 
Once the Committee accepts your submission, it becomes a confidential committee document and is protected by Parliamentary Privilege. You must not release your submission without the Committee's permission. If you do, it is not protected by Parliamentary Privilege. At some stage during the inquiry, the Committee normally makes submissions public. Please indicate if you want your submission to be kept confidential.
 
Inquiries from hearing and speech impaired people should be directed to the Parliament House TTY number (02 6277 7799). Adobe also provides tools for the blind and visually impaired to access PDF documents. These tools are available at: http://access.adobe.com/. If you require any special arrangements in order to enable you to participate in a committee inquiry, please contact the Committee Secretary.
If you need any further information, consult the Committee’s website at http://www.aph.gov.au/senate/committee/economics_ctte/inquiries.htm or contact the Committee Secretary on (02) 6277 3540 (phone); (02) 6277 5719 (fax); or by email to economics.sen@aph.gov.au; or by writing to the above address.
 

 

Posted in: Blog
Actions: E-mail | Permalink

Post Comment

Name (required)

Email (required)

Website

Enter the code shown above:

Comments

# Peter Freckleton
Friday, April 24, 2009 11:33 AM
Amazing decision ! On my calculations, based on OZ Mineral's own releases in support of the deal, China is getting assets valued at AUD 2,200 M for AUD 1,750 M, a 450 million discount.

Probably even better :
16/4/09 Mr Andrew Michelmore in a speech to the Brisbane Mining Club

“I am tiring of hearing OZ Minerals being described as “debt-laden” or “debt-stricken”. Based on our December 2008 financial statements, OZ Minerals has total assets of $5.3 billion against total debt – including approximately $200 million that is not currently due for refinancing – of $1.3 billion.”

http://www.ozminerals.com/Media/docs/ASX_20090416_BrisbaneMiningClubPresentation-44307c43-f413-40a3-9233-ae86ccfa25be-0.pdf

Given that OZL's retained assets are valued by it (2008 FY Results, p 16) at
under AUD 2,000 M, that would leave $3 billion going China's way for a purchase price of $1.75 M.


Another great bargain - 2008 revenue was $1,218.4 (p13 Results). So China has bought the assets for not much more than one year's revenue.
Prospect Hill only started up this year, so was not responsible for any 2008 revenue.

Senator, can you ask our leaders : Has the government actually looked at the figures, or is it simply convinced by Chinese PR that any query woud be xenophobic?
# Val Nunn
Friday, April 24, 2009 12:51 PM
AND...if China defaults on any of the "attached sale conditions", what will Australia do? Go to war with China?! HOW can these "sale conditions" be enforced? The Chinese are not famous for their integrity!
# Mal
Tuesday, May 26, 2009 12:24 PM
I think that when China opens up its countries resources for investment, we might get around to considering ours to be open.
No foreign govt should own any of Australias resources, this would be a disastrous sellout by the Rudd Govt which would never be forgiven or forgotten.

Home | Issues | Blog | Newsroom | Achievements | Policies | About Barnaby | Out and About | Links | Feedback
Accessibility | Privacy Policy & Disclaimer | Site by Datasearch Web Design | Login

© Senator Barnaby Joyce 2011 | Authorised by Barnaby Joyce - 68 The Terrace, St. George Qld 4487