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WA’s Kwinana waste to energy development a ‘landmark’ project
Gilbert + Tobin, Norton Rose Fulbright and Ashurst have all advised parties in the development of a landmark Waste to Energy project to divert 400,000 tonnes of waste away from landfill and convert it to electricity in Western Australia.
Grace Ormsby
Firm: Gilbert + Tobin (Veolia Environmental Services (Australia) Pty Ltd); Norton Rose Fulbright (Dutch Infrastructure Fund); Ashurst (Phoenix Energy)
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Deal: Gilbert + Tobin, Norton Rose Fulbright and Ashurst have all advised parties in the development of Western Australia’s Kwinana Waste to Energy project.
Value:
Area: Energy, Waste management
Key players: Gilbert + Tobin’s banking and infrastructure partner Alexander Danne led his respective team with support from senior lawyer Daniel Yim and consultant Jia Lin Ho.
Norton Rose Fulbright’s team was led by Australian head of project finance Jo Crew with partner Raymond Lou.
Ashurst’s team was led by infrastructure partner Richard Guit, who was assisted by senior associates Annelise Karreman, Tristan Aguirre and Caroline Lindsey. Project financing was led by Chris Redden with counsel Tim MacMillan, senior associate Elouise Dellit, lawyers Jowa Chan and Jason Wong. Partners Murray Wheaters, Stuart James, and Geoff Gishubi all advised, with senior associates Samantha Robson, Cheyne Jansen and Jacinta Pitos, and lawyer James Campbell.
Deal significance: The Kwinana waste-to-energy project, located in Western Australia, is the first of its kind in Australia.
When complete, the facility will divert 400,000 tonnes of household, commercial and industrial waste from landfill every year, which represents up to half of all household waste in Perth’s metro area.
The plant will produce around 40 megawatt of electricity and power up to 65,000
The facility will use residual waste to generate energy, recover and recycle metals, as well as re-use ash residue for construction materials.
Veolia has been granted a 25-year concession for the facility, which it will operate and maintain for this period.
Phoenix Energy was involved in a development and project financing role, entering into exclusive negotiations with a consortium for the facility’s design, construction and operation.
The Dutch Infrastructure Fund acquired a majority interest in the plant.
Gilbert + Tobin’s lead partner Alexander Danne said the firm was delighted their experience in “innovative and complicated project structuring has helped deliver a successful outcome for our client, Veolia.”
“This new facility and milestone project will give the Australian market confidence in the Waste to Energy sector, and give Veolia further strategic flexibility to pursue its objectives in the dynamic Australian energy market,” Mr Dunne continued.
Norton Rose Fulbright’s partner Jo Crew noted the project is “a significant development in the Australian energy and waste markets and further demonstrates the technological advancements driving the energy conversation and approach to waste in Australia.”
We are pleased to have been able to draw on our global WtE experience and expertise to assist DIF on its investment in this significant first in Australia,” she said.
Ashurst’s Richard Guit said “this project is a magnificent achievement for all concerned.”
More than 8 years in the making, he said it “brings together leading global technology and expertise from the UK, France, Spain, and Singapore and results in jobs and environmental outcomes in Western Australia.”
“The complexity of being a ‘market first’ cannot be underestimated,” he noted.
The facility will start commissioning in the fourth quarter of 2020, and is expected to be fully operational in the second quarter of 2021.
