Gemma Witt
Image of Gemma Witt

Gemma Witt

Senior Associate

Email

gemma.witt@aoshearman.com

Phone

+618 6315 6120

Offices

Perth

V-CARD
With a focus on the energy and resources industries, Gemma advises clients on project structuring, development and offtake arrangements; environmental, climate and planning regulation and compliance; international carbon markets and carbon capture storage; environmental and social governance compliance, and native title and heritage matters.
Gemma’s experience spans various jurisdictions and sectors, including mining (where she has managed contracts on-site), LNG and petroleum, with a distinctive focus and track record in advising on renewable projects and decarbonisation issues.

Expertise

Industries

Experience

Representative matters

  • A.P.Moller Maersk on its offer to acquire DB Schenker. (broken deal).
  • Advent International on the EUR4bn sale of allnex Group to PTT Global Chemical Public Company Limited (PTTGC) based in Bangkok. Allnex is a leading global manufacturer of industrial coatings with sales of around EUR2bn and approximately 4,000 employees worldwide at 33 production sites and 23 research and technology facilities.
  • Alkane on the first (and to date, only) Western Australian application for native title compensation, lodged in the Federal Court by the Tjiwarl People, including as lead counsel on preparing, formulating and drafting arguments in response to applicant and State positions including on interpretation and effect of s.125A Mining Act 1978 on liability for compensation relating to mining tenements.
  • Allied Gold Corporation on EPCM arrangements for the Kurmuk gold project in Ethiopia.
  • Brookfield on the USD5bn acquisition of Modulaire, a leading provider of modular leasing services in Europe and Asia Pacific, from funds managed by TDR Capital.
  • Brookfield-backed Modulaire Group on the financings for its acquisition of Mobile Mini UK Holdings Limited, a leading supplier of steel storage and accommodation units in the UK.
  • A subsidiary of an integrated energy and chemicals company on its USD4.7bn asset swap with Woodside.
  • Alinta Energy on the sale of its business in the Pilbara region of Western Australia to APA Group for an enterprise value of AUD1.722bn (USD1.1bn).
  • CITIC Pacific Mining Management on the preparation of gas swap arrangements with Verve Energy and Synergy relating to the Sino Iron Project and Sino Iron's offtake obligations under gas supply agreements with Apache and Santos.
  • Citic Pacific Mining on claims by Thaluntha native title parties relating to native title compensation arrangements following dismissal of native title claim.
  • CITIC Pacific Mining Management on the preparation of gas swap arrangements with Verve Energy and Synergy relating to the Sino Iron Project and Sino Iron's offtake obligations under gas supply agreements with Apache and Santos.
  • a Chinese oil company on a tender process for long term LNG purchases, negotiation of contracts with sellers and related advice.
  • A major Chinese oil & gas company on a complex farm-out deal in Africa, where it proposed to auction off a portion of its participating interests in various blocks to different industry players. This deal is a continuation of our previous work for the client, when we assisted it in securing a majority interest in the EPCC from the host government. We offer one-stop legal services to Chinese enterprises for their overseas growth and investment.
  • A multinational utility company and AGIG as project sponsors of the for the development of the Murray Valley blended hydrogen project in Victoria, including advising on the participants' application and submission for ARENA funding.
  • Fiera Infrastructure in its bid to acquire a platform of eight landfill gas-to-energy systems from Cube District Energy, LLC through a competitive auction process.
  • Australian green energy company on a Lease Agreement and Development Agreement with the State of South Australia in relation to a green hydrogen and ammonia project. a global green energy company on offtake arrangements for hydrogen and associated vectors including development of a template offtake agreement.
  • Australian green energy company on a Lease Agreement and Development Agreement with the State of South Australia in relation to a green hydrogen and ammonia project.
  • Gibson’s Limited trading as Skretting Australia on AUD54.85m purchase of an extrusion facility in Westbury, Tasmania from Ridley Agriproducts, a wholly owned subsidiary of Ridley Corporation.
  • GLNG on the review and negotiation of a Master Sale and Purchase Agreement for Spot LNG cargoes.
  • A state government-owned power company on a form of master gas sale and purchase agreement for supply of natural gas under various short or medium term transactions over time in Western Australia.
  • Jade Energy Holdings on the SPA for sale and purchase of shares in RCMA Australia to Perth Basin Energy and Walcott Capital and associated processing option and Royalty Agreement between Jade and RCMA.
  • JERA on the registrations of dealings associated the acquisition of interests from Santos in respect of Barossa LNG Project.
  • a group of financial institutions as lenders, on waivers and amendments to the existing AUD134m multi tranche project finance facilities provided to Kalium Lakes, Kalium Lakes Potash and Kalium Lakes Infrastructure in relation to the Beyondie Sulphate of Potash Project. The facility includes export credit agency support from Euler Hermes.
  • a confidential resources client on a dispute against a subsidiary relating to alleged oppression of minority shareholders.
  • Macquarie Infrastructure and Real Assets on the c.GBP1bn acquisition of a majority stake in Southern Water, a provider of essential services to 2.6 million water and 4.7 million wastewater customers across Kent, Sussex, Hampshire, and the Isle of Wight.
  • Mubadala Energy on the sale of a subsidiary Busrakham Oil and Gas (including operated interests in three offshore oil and gas licenses in the Gulf of Thailand that include Nong Yao, Jasmine/Ban Yen, and Manora oil fields) to Valeura Energy for a total consideration of approximately USD60m.
  • Advised Mitsubishi Materials Corporation on its acquisition of a 30% stake in Chile-based Mantoverde copper mine, from Mantos Copper Holding SpA.
  • Mubadala Petroleum on the preparation of oil and gas related contract templates.
  • a government authority on a liquidity review of a number of direct investments, as well as a large number of indirect investments held through complex fund structures, to ascertain which investments could be withdrawn or restructured and how quickly this could occur.
  • Omnes on the acquisition of a minority stake in global clean energy enterprise TagEnergy, for an amount of EUR150 million.
  • Park Garage Group, an existing operator of a large network of retail fuel sites across England, on the acquisition from Euro Garages of 27 retail fuel sites (and associated forecourt convenience shops, foodservice/beverage offerings) across the UK.
  • a national petroleum exploration and production company on legal advisory services to support its study of the regulatory and contractual aspects of carbon capture, utilisation and storage implementation in Thailand, with the U.S., UK, Italy, Norway, Australia, Japan, Malaysia and Indonesia as countries for comparative study.
  • a national petroleum exploration and production company on the draft amendments to Thailand’s Petroleum Act with respect to the conduct of carbon capture, utilisation and storage implementation activities and potential business model options in Thailand.
  • Resolute Mining on a JV with Prospectiuni SARL to acquire 100% interest in Ouest Lamina Permit and preliminary ABC & AML issues.
  • Resolute Mining on the negotiation of a farm-in and joint venture agreement with ASX-listed, African Gold.
  • an independent oil and gas producer on a USD1.0bn 144A/Reg S offering of 10-year senior unsecured fixed rate notes. The offering was the independent oil and gas producer’ inaugural issuance in the U.S. 144A market and diversified the company’s funding sources.
  • A national petroleum and natural gas company on its proposed acquisition of a significant stake in an independent Australian retail fuels business including conducting and coordinating a comprehensive due diligence program, providing structuring advice and preparing documentation.
  • SK E&S Co on the development of the Caldita-Barossa gas field in the Timor Sea, including negotiation of LNG Processing and Services Agreement and Pipeline Gas Transportation Agreement that the Caldita-Barossa joint venture will enter into with Darwin LNG.
  • SK E&S on the USD1b project financing of SK E&S share of the capital cost of the development of the Barossa-Caldita Project pursuant to an unincorporated joint venture. Financiers included Korean ECA's K-SURE and KEXIM and commercial banks. We also acted on various project agreements including the associated financing of the FPSO arrangements, LNG sales contract, the unincorporated joint venture and various construction and development agreements.
  • Tanami Gold on its contractual joint venture arrangements with Northern Star Resources.
  • United Mining Corp on general corporate governance advice.
  • Verlinvest on its investment in Who Gives A Crap, a certified B Corporation.
  • Confidential client on a proposed minority investment into an Australian coal mine.
  • The Weston family on its sale of the Selfridges Group to Central Group and Signa Holding.
     

Pro bono

  • Advising an environmental focused not-for-profit organization in respect of its corporate governance obligations.
  • Advising the Kenya Forest Working Group in relation to jurisdictional analysis of Indigenous land rights.
  • Advising UNHCR in relation to jurisdictional analysis of discrimination towards refugee children.
  • Advising Refugee Advice & Casework Service in relation to Australian Administrative Tribunal decisions on Refugee and Complementary Protections based on LGBTQI Status.

Qualifications

Admissions

Supreme Court of Western Australia, 2019

Academic

BA Law, Murdoch University, 2018

Cert IV Business Administration, 2004

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.