owen hayford, clayton utz

13
© Clayton Utz INFORMA MAJOR ROADS PROJECTS CONFERENCE 2014 THE REALITY OF PRIVATE PUBLIC PARTNERSHIPS IN PRESENT MARKET CONDITIONS Owen Hayford | Partner 11 March 2014 Legal/312208276

Upload: informa-australia

Post on 25-Dec-2014

137 views

Category:

Business


6 download

DESCRIPTION

 

TRANSCRIPT

Page 1: Owen Hayford, Clayton UTZ

© Clayton Utz

INFORMA MAJOR ROADS PROJECTS CONFERENCE 2014

THE REALITY OF PRIVATE PUBLIC PARTNERSHIPS IN PRESENT MARKET CONDITIONS

Owen Hayford | Partner

11 March 2014

Legal/312208276

Page 2: Owen Hayford, Clayton UTZ

OUTLINE

Opportunities for utilising private finance on major

road projects

Recent market developments and their impact on

PPPs in the Australian transport sector

Is there scope for innovation around the current

PPP model?

2

Page 3: Owen Hayford, Clayton UTZ

Legal/312208276

3

Page 4: Owen Hayford, Clayton UTZ

TRAFFIC/DEMAND RISK

Traditional Toll Road PPPs

» Project Company retains tolls collected from motorists.

» Equity Investors and Debt Financiers bear traffic risk

Availability Payment PPPs

» Project Company receives Availability Payment from

Government, in return for making road available to

motorists

» Government retains any toll revenues collected from

motorists

» Government bears traffic risk

4

Page 5: Owen Hayford, Clayton UTZ

AVAILABILITY PAYMENT PPP

Mornington Peninsula Link

East West Link

Toowoomba Second Range Crossing

Transmission Gully

Legal/312208276

5

Page 6: Owen Hayford, Clayton UTZ

TRAFFIC/DEMAND RISK (CONT)

Government Builds, Tolls then Sells

» Government engages contractors to build and maintain

road, and install tolling equipment, under publicly funded

contracts

» Government retains tolls collected during ramp-up

» Once actual traffic history established, Government sells

right to collect future tolls to the private sector

» Government bears traffic risk during ramp up

» Private sector bears traffic risk after ramp up

6

Page 7: Owen Hayford, Clayton UTZ

GOVERNMENT BUILDS, TOLLS THEN SELLS

Go Between Bridge

Legacy Way

WestConnex

Legal/312208276

7

Page 8: Owen Hayford, Clayton UTZ

IMPLICATIONS OF DIFFERENT APPROACHES

Availability PPP

» Private finance for

construction

» Debt/equity exposed to

risk of contractor

default / insolvency

» Government retains

traffic risk

» But Government could

sell tolling rights/traffic

risk

Build, Toll then Sell

» Government finances

construction

» Government exposed

to risk of contractor

default / insolvency.

No equity/debt buffer

» Government takes

traffic risk prior to sale

» Private sector takes

traffic risk after sale

8

Page 9: Owen Hayford, Clayton UTZ

SOME INVESTORS WILL STILL TAKE TRAFFIC RISK

M1- M2 Link

9

Page 10: Owen Hayford, Clayton UTZ

SO IF THE TOLL ROAD PPP MODEL WAS 'DEAD', IT'S NOW RISING FROM THE GRAVE!

Legal/312208276

10

Page 11: Owen Hayford, Clayton UTZ

UNSOLICITED PROPOSALS

M1 - M2 Link

Eastern section of East West Link

Dandenong Rail Corridor

Legal/312208276

11

Page 12: Owen Hayford, Clayton UTZ

QUESTIONS?

Any questions?

Legal/312208276

12

Page 13: Owen Hayford, Clayton UTZ

www.claytonutz.com