The AMPLA model minerals royalty agreements: securing a fair deal

Abstract

AMPLA Limited (ACN 006 037 529) (AMPLA) has developed and published over 50 model agreements for use in the minerals and oil and gas industries. These models are published on the AMPLA website at www.ampla.org. This article presents and explains the considerations behind the drafting of the various AMPLA Model Minerals Royalty Agreements, their Model Alternative and Optional Clauses (Model A & O Clauses), and how they are applied to specific royalties. The original model was developed for use in Australia. It has now been developed further as a non-jurisdiction specific model in English and as a French civil law model, each of which has been de-Australianised. The Model Royalty Agreements are intended to provide a comprehensive framework for use in all types of minerals royalty arrangements. Each model can be modified by the insertion of specific additional clauses set out at the end of the model to produce a document suitable for various types of royalties. There are also Model A & O Clauses, which can be inserted for specific royalties. The model provides a flexible, generic and modular starting point for drafting a minerals royalty agreement in any jurisdiction.