Mark Geritz

Practice Areas

Mark Geritz's experience in energy and resources law, project development, native title and Aboriginal cultural heritage legal issues has seen him recognised as one of Australia's top energy and resources and native title lawyers having been named by independent judges as 2018 Australian Partner of the Year for energy and resources law and 2018 and 2019 Partner of the Year for native title law, following similar recognition in Queensland as judged by peers.

Mark is the go-to energy and resources and native title lawyer for both private and public enterprises, having been involved in many of the largest energy and resources, and infrastructure projects in both Australia and internationally.

In the last five years, Mark has acted on the largest coal project in Australia (Adani Carmichael Project), the largest CSG to LNG project in Australia (Australia Pacific LNG Project) and overseen the largest native title settlement in Australia (South West Settlement in Western Australia) which has also involved multiple proceedings in the Federal Court, Full Federal Court and High Court. Mark has also led the largest mining lease objection proceedings in Australian mining history, the Acland Land Court proceedings, in landmark judicial review proceedings in the Supreme Court of Queensland and Court of Appeal, he successfully argued that the Land Court Member demonstrated apprehended bias against his client, as a result Mark assisted his client in setting aside the unfavourable Land Court recommendations.

Mark shares his knowledge with clients in valuable workshops offered through the Clayton Utz Training Program.

Industry Sector Expertise

Native Title

Renewables

Work Highlights

Australia Pacific LNG Project (Origin Energy, ConocoPhillips and Sinopec): Acted in the development of the CSG to LNG project (largest such project in the world) which involved gas field development, construction of a pipeline (in excess of 500km) from the gas fields to Curtis Island and construction of a LNG plant on Curtis island and construction of ancillary onshore and marine facilities. Mark was the primary adviser on all petroleum regulatory, land access and native title and Aboriginal cultural heritage issues, strategic advice, government liaison, overlapping tenure issues and issues dealing with adjacent gas tenures and cross border infrastructure.

Adani Carmichael Coal and Rail Project and Abbot Point expansion (largest coal project in Australia) and Rugby Run Solar Project: Provided strategic advice on mining lease applications, environmental processes (State and Federal), Land Court proceedings, landowner agreements and land acquisition, make good agreements, overlapping tenure issues, and general regulatory approval processes. Mark drafted multiple native title and cultural heritage agreements for the mine, rail and port. Mark also ran a successful native title arbitration that resulted in a decision that the main project mining lease be granted without conditions. Mark also provided regulatory advice on the Rugby Run Solar Project.

New Hope: Advised New Hope on all stages of the New Acland Project which has involved the largest mining lease objection proceedings in Australian mining history and the historic successful judicial review proceedings in the Supreme Court of Queensland and the Court of Appeal including successfully arguing that the Land Court Member demonstrated apprehended bias against his client. These proceedings have involved every aspect of the development of a resources project.

Senex: Provides regulatory, land access and tenure advice, and drafts and negotiates land access arrangements for Senex on its Project Atlas (to support the Queensland domestic gas policy), Western Surat and Don Juan gas projects.

Minister for Resources (Qld): Acting for the Minister in the Land Court in appeal proceedings brought by a petroleum company with respect to claimed potential commercial areas. Also assisting the Minister in a Land Court matter relating to the validity of renewals under the Petroleum Act 1923.

Mitsui and Beach Energy – Waitsia Gas Project: Acts on one of the largest onshore conventional gas discoveries in Australia. Mark's work includes advising on regulatory issues and drafting relevant native title and Aboriginal heritage agreements with the Southern Yamatji people.

Origin Energy: Primary legal adviser on petroleum regulatory issues, land access and compensation and native title for over 15 years. This also included acting in the first major petroleum landowner compensation proceedings resulting in a successful judgment in the Supreme Court of Appeal.

Vale: Primary legal adviser on mining regulatory issues, access issues, overlapping and adjacent petroleum tenure issues and has acted on the development of the Belvedere, Ellensfield and Eagle Downs projects and operational issues at the Carborough Downs, Broadlea and Isaac Plains Projects.

Wesfarmers Curragh Coal Project: Primary legal adviser on mining regulatory issues in Queensland for 15 years, including a period on secondment for nine months during the development of the Curragh North Project. Mark has also advised on the Curragh West and Curragh expansion projects.

Rio Tinto: Assisted with its Kestrel expansion project including assisting Rio obtain one of the first associated water licences in Queensland.

Meteor Downs South Project: Provided all mining regulatory advice and undertook successful Land Court proceedings against Glencore relating to the development of this project for U&D Mining.