Norton Rose Fulbright advises on the landmark $675m Waste to Energy Project

Global law firm Norton Rose Fulbright has advised leading investment firm, Dutch Infrastructure Fund (DIF), on the acquisition of a majority interest in the Kwinana Waste to Energy (WtE) plant in Western Australia. The Kwinana WtE plant is a landmark transaction as it will be the first commercial scale and project financed WtE facility constructed in Australia.

The Kwinana WtE marks a significant milestone in the waste, energy and infrastructure sectors in Australia; most notably for its environmental and social benefits as an alternative to landfill and for the use of innovative technology to create a viable renewable energy source. The facility will divert 400,000 tonnes of household, commercial, and industrial waste from landfill each year, which represents a quarter of Perth’s post-recycling rubbish.  The facility will use the residual waste to generate energy, recover and recycle metals, and re-use the remaining ash residue as construction materials. 

Acciona has been appointed to design and construct the facility, and a 25-year operations and maintenance service agreement has been signed with Veolia.

A cross-practice team from Norton Rose Fulbright, led by Australian head of project finance Jo Crew and corporate partner Raymond Lou, was supported by members of the corporate, projects and environment and planning teams. The team advised DIF on its acquisition of a majority interest in the project, assisted with project due diligence and review of project and finance documents.

Norton Rose Fulbright partner Jo Crew commented:

“We are pleased to have advised DIF on its equity investment into the Kwinana WtE facility in Western Australia. 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. Norton Rose Fulbright has a pre-eminent global practice in the waste sector, with a long history of involvement in WtE projects and complex waste issues. 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.”

The team led by Jo Crew and Raymond Lou was supported by partner Noni Shannon (environment and planning) special counsels Joanna Taylor and Sarah Chen; senior associates Claire Whitney, Nicola Pearl and Sonali Seneviratne; associate Hugh McDonald and lawyer Liya Wu.