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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Iron Ore Agreements)
Bill 2000
A Bill for
An Act to amend the --
• Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972;
• Iron Ore (Marillana Creek) Agreement Act 1991;
• Iron Ore (McCamey's Monster) Agreement Authorization
Act 1972;
• Iron Ore (Mount Goldsworthy) Agreement Act 1964;
• Iron Ore (Mount Newman) Agreement Act 1964;
• Iron Ore Beneficiation (BHP) Agreement Act 1996; and
• Iron Ore -- Direct Reduced Iron (BHP) Agreement
Act 1996.
The Parliament of Western Australia enacts as follows:
page 1
11--1
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Acts Amendment (Iron Ore
Agreements) Act 2000.
5 2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
page 2
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 Part 2
s. 3
Part 2 -- Iron Ore (Goldsworthy-Nimingarra)
Agreement Act 1972
3. The Act amended
The amendments in this Part are to the Iron Ore
5 (Goldsworthy-Nimingarra) Agreement Act 1972*.
[* Act No. 30 of 1972.]
4. Section 2 amended
Section 2 is amended as follows:
(a) in the definition of "the Agreement" by deleting "the
10 Schedule" and inserting instead --
" Schedule 1 ";
(b) after the definition of "the Agreement" by inserting the
following definition --
"
15 "the First Variation Agreement" means the
agreement a copy of which is set out in Schedule 2
to this Act;
".
5. Section 4 inserted
20 After section 3 the following section is inserted --
"
4. First Variation Agreement
(1) The First Variation Agreement is ratified.
(2) The implementation of the First Variation Agreement
25 is authorised.
page 3
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 2 Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972
s. 6
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the First
Variation Agreement is to operate and take effect
despite any other Act or law.
5 ".
6. Schedule amended
The heading to the Schedule is deleted and the following
heading is inserted --
"
10 Schedule 1 -- Agreement
".
7. Schedule 2 inserted
After Schedule 1 the following Schedule is inserted --
"
15 Schedule 2 -- First Variation Agreement
[s. 4]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
20 Premier of the State of Western Australia, acting for and on behalf of the said
State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP MINERALS PTY. LTD. ACN 008 694 782 a company incorporated in
25 the State of Western Australia and having its registered office at Level 18,
200 St George's Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.
ACN 009 256 259 a company incorporated in the State of Western Australia
and having its registered office at 22nd Floor, Forrest Centre, 221 St George's
Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.
30 ACN 050 157 456 a company incorporated in the State of Western Australia
and having its registered office at 24th Floor, Forrest Centre, 221 St George's
Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.
page 4
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 Part 2
s. 7
WHEREAS:
(a) the State and the Joint Venturers (pursuant to certain assignments) are
now the parties to the agreement approved by the Iron Ore
(Goldsworthy-Nimingarra) Agreement Act 1972, which agreement as
5 amended from time to time is hereinafter called "the Principal
Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
NOW THIS AGREEMENT WITNESSES -
1. Subject to the context the words and expressions used in this Agreement
10 have the same meanings respectively as they have in and for the purpose
of the Principal Agreement.
2. The State shall introduce and sponsor a Bill in the State Parliament of
Western Australia to ratify this Agreement and endeavour to secure its
passage as an Act prior to 31 December 2000 or such later date as may be
15 agreed between the parties hereto.
3. (1) The provisions of this Agreement other than this Clause and
Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
20 (b) Bills to ratify the following agreements of even date
herewith, namely:-
(i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
25 (ii) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
30 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Marillana Creek) Agreement;
(iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
35 (v) an agreement between the State and BHP Minerals
Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
page 5
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 2 Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972
s. 7
Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
5 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Mount Goldsworthy) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
(2) If before 31 December 2000 or such later agreed date the said Bills
10 have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
15 Agreement.
(3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
provisions of any Act or law.
4. The Principal Agreement is hereby varied in Clause 11 by inserting after
20 subclause (1) the following subclause -
"(1a) Notwithstanding any provision in this Agreement for the grant of
titles hereunder to the Joint Venturers as tenants in common in
equal shares, if the Joint Venturers hold their interests in this
Agreement in other than equal shares, the grant of titles and the
25 renewal of any leases hereunder shall be made to the Joint
Venturers, if they so request the State, in accordance with their
percentage interests in this Agreement.".
IN WITNESS WHEREOF this agreement has been executed by or on behalf of
30 the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
page 6
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 Part 2
s. 7
THE COMMON SEAL of
BHP MINERALS PTY. LTD. was [C.S.]
hereunto affixed by authority
of the Directors -
STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
5
THE COMMON SEAL of CI MINERALS
AUSTRALIA PTY. LTD. was hereunto [C.S.]
affixed by authority
of the Directors in the presence of:
MASAYUKI YAMAMOTO
Director
MICHAEL APPLEBEE
Secretary
10
THE COMMON SEAL of MITSUI
IRON ORE CORPORATION PTY. [C.S.]
LTD. was hereunto affixed by
authority of the Directors in the
presence of:
YOICHI HASHIMOTO
Director
JOHN SMITH
Secretary
15 ".
page 7
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 3 Iron Ore (Marillana Creek) Agreement Act 1991
s. 8
Part 3 -- Iron Ore (Marillana Creek) Agreement
Act 1991
8. The Act amended
The amendments in this Part are to the Iron Ore (Marillana
5 Creek) Agreement Act 1991*.
[* Act No. 2 of 1991.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 123.]
9. Section 3 amended
10 Section 3 is amended by deleting the definition of "Variation
Agreement" and inserting the following definitions instead --
"
"First Variation Agreement" means the agreement a
copy of which is set out in Schedule 2;
15 "Second Variation Agreement" means the agreement
a copy of which is set out in Schedule 3.
".
10. Section 5 inserted
After section 4A the following section is inserted --
20 "
5. Second Variation Agreement
(1) The Second Variation Agreement is ratified.
(2) The implementation of the Second Variation
Agreement is authorised.
page 8
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Marillana Creek) Agreement Act 1991 Part 3
s. 11
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the Second
Variation Agreement is to operate and take effect
despite any other Act or law.
5 ".
11. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted --
"
Schedule 3
10 [s. 5]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
15 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP MINERALS PTY. LTD. ACN 008 694 782 a company incorporated in
the State of Western Australia and having its registered office at Level 18,
20 200 St George's Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.
ACN 009 256 259 a company incorporated in the State of Western Australia
and having its registered office at 22nd Floor, Forrest Centre, 221 St George's
Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.
ACN 050 157 456 a company incorporated in the State of Western Australia
25 and having its registered office at 24th Floor, Forrest Centre, 221 St George's
Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.
WHEREAS:
(a) the State and the Joint Venturers (pursuant to an assignment dated
10 June 1991) are now the parties to the agreement ratified by the Iron
30 Ore (Marillana Creek) Agreement Act 1991, which agreement as
amended from time to time is hereinafter called "the Principal
Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
page 9
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 3 Iron Ore (Marillana Creek) Agreement Act 1991
s. 11
NOW THIS AGREEMENT WITNESSES -
1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purpose
of the Principal Agreement.
5 2. The State shall introduce and sponsor a Bill in the Parliament of Western
Australia to ratify this Agreement and endeavour to secure its passage as
an Act prior to 31 December 2000 or such later date as may be agreed
between the parties hereto.
3. (1) The provisions of this Agreement other than this Clause and
10 Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
(b) Bills to ratify the following agreements of even date
herewith, namely:-
15 (i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
(ii) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
20 Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Mount Goldsworthy) Agreement;
25 (iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
(v) an agreement between the State and BHP Minerals
Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
30 Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
35 (Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
page 10
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Marillana Creek) Agreement Act 1991 Part 3
s. 11
(2) If before 31 December 2000 or such later agreed date the said Bills
have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
5 other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
(3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
10 provisions of any Act or law.
4. The Principal Agreement is hereby varied in Clause 13(1) by inserting
after paragraph (a) the following paragraph -
"(aa) on iron ore used in the beneficiation plant the subject of the
Agreement ratified by the Iron Ore Beneficiation (BHP)
15 Agreement Act 1996 at the following rates -
(i) in respect of lump ore, 5.625% of the f.o.b. value; and
(ii) in respect of fine ore, 5.625% of the f.o.b. value;".
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
20 the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
THE COMMON SEAL of
BHP MINERALS PTY. LTD. was [C.S.]
hereunto affixed by authority
of the Directors -
25 STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
page 11
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 3 Iron Ore (Marillana Creek) Agreement Act 1991
s. 11
THE COMMON SEAL of
CI MINERALS AUSTRALIA PTY. [C.S.]
LTD. was hereunto affixed by authority of
the Directors in the presence of:
MASAYUKI YAMAMOTO
Director
MICHAEL APPLEBEE
5 Secretary
THE COMMON SEAL of MITSUI IRON
ORE CORPORATION PTY. LTD. was [C.S.]
hereunto affixed by authority of the
Directors in the presence of:
YOICHI HASHIMOTO
Director
JOHN SMITH
10 Secretary
".
page 12
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (McCamey's Monster) Agreement Authorization Act 1972 Part 4
s. 12
Part 4 -- Iron Ore (McCamey's Monster) Agreement
Authorization Act 1972
12. The Act amended
The amendments in this Part are to the Iron Ore (McCamey's
5 Monster) Agreement Authorization Act 1972*.
[* Act No. 104 of 1972.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 123.]
13. Section 6 inserted
10 After section 5 the following section is inserted --
"
6. Third Variation Agreement
(1) The agreement ("third Variation Agreement") a copy
of which is set out in Schedule 4 is ratified.
15 (2) The implementation of the third Variation Agreement
is authorised.
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the third
Variation Agreement is to operate and take effect
20 despite any other Act or law.
(4) Without limiting section 3, on the commencement of
the Acts Amendment (Iron Ore Agreements) Act 2000,
the Principal Agreement, as amended by the first
Variation Agreement, the second Variation Agreement
25 and the third Variation Agreement, is to operate as if it
were enacted in this Act.
".
page 13
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 4 Iron Ore (McCamey's Monster) Agreement Authorization Act 1972
s. 14
14. Schedule 4 inserted
After Schedule 3 the following Schedule is inserted --
"
Schedule 4
5 [s. 6]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN:
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
10 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP IRON ORE (JIMBLEBAR) PTY. LTD. ACN 009 114 210 a company
incorporated in the State of Western Australia and having its registered office at
15 Level 18, 200 St George's Terrace, Perth (hereinafter called "the Company") of
the other part.
WHEREAS:
(a) the State and the Company (pursuant to certain assignments) are now the
parties to the agreement the execution of which was authorised by the
20 Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972,
which agreement as amended from time to time is hereinafter called "the
Principal Agreement";
(b) the State and the Company wish to vary the Principal Agreement.
NOW THIS AGREEMENT WITNESSES -
25 1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purpose
of the Principal Agreement.
2. The State shall introduce and sponsor a Bill in the State Parliament of
Western Australia to ratify this Agreement and endeavour to secure its
30 passage as an Act prior to 31 December 2000 or such later date as may be
agreed between the parties hereto.
page 14
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (McCamey's Monster) Agreement Authorization Act 1972 Part 4
s. 14
3. (1) The provisions of this Agreement other than this Clause and
Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
5 (b) Bills to ratify the following agreements of even date
herewith, namely:-
(i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
10 (ii) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
15 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Marillana Creek) Agreement;
(iv) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
20 (Mount Goldsworthy) Agreement;
(v) an agreement between the State and BHP Minerals
Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
25 (vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
30 any as the parties hereto may agree upon.
(2) If before 31 December 2000 or such later agreed date the said Bills
have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
35 other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
page 15
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 4 Iron Ore (McCamey's Monster) Agreement Authorization Act 1972
s. 14
(3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
provisions of any Act or law.
4. The Principal Agreement is hereby varied in Clause 31(1) as follows -
5 (a) by inserting after paragraph (a) the following paragraph -
"(aa) on iron ore products used in the beneficiation plant the
subject of the Agreement ratified by the Iron Ore
Beneficiation (BHP) Agreement Act 1996 at the following
rates -
10 (i) in respect of lump ore, 7.5% of the f.o.b. revenue; and
(ii) in respect of fine ore, 3.75% of the f.o.b. revenue.".
(b) in paragraph (c), by inserting after "Agreement" the following -
"pursuant to those paragraphs".
15 IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
20
THE COMMON SEAL of
BHP IRON ORE (JIMBLEBAR) [C.S.]
PTY. LTD. was hereunto affixed by
authority of the Directors -
STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
25 ".
page 16
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Goldsworthy) Agreement Act 1964 Part 5
s. 15
Part 5 -- Iron Ore (Mount Goldsworthy) Agreement
Act 1964
15. The Act amended
The amendments in this Part are to the Iron Ore (Mount
5 Goldsworthy) Agreement Act 1964*.
[* Act No. 97 of 1964.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 123.]
16. Section 3 amended
10 Section 3 is amended as follows:
(a) at the end of the definition of "the second Variation
Agreement" by deleting the full stop and inserting a
semicolon instead;
(b) after the definition of "the second Variation Agreement"
15 by inserting the following definition --
"
"the third Variation Agreement" means the
agreement a copy of which is set out in the Fourth
Schedule.
20 ".
17. Section 4C inserted
After section 4B the following section is inserted --
"
4C. Third Variation Agreement
25 (1) The third Variation Agreement is ratified.
(2) The implementation of the third Variation Agreement
is authorised.
page 17
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 5 Iron Ore (Mount Goldsworthy) Agreement Act 1964
s. 18
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the third
Variation Agreement is to operate and take effect
despite any other Act or law.
5 ".
18. Fourth Schedule inserted
After the Third Schedule the following Schedule is inserted --
"
Fourth Schedule
10 [s. 4C]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
15 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP MINERALS PTY. LTD. ACN 008 694 782 a company incorporated in
the State of Western Australia and having its registered office at Level 18,
20 200 St George's Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.
ACN 009 256 259 a company incorporated in the State of Western Australia
and having its registered office at 22nd Floor, Forrest Centre, 221 St George's
Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.
ACN 050 157 456 a company incorporated in the State of Western Australia
25 and having its registered office at 24th Floor, Forrest Centre, 221 St George's
Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.
WHEREAS:
(a) the State and the Joint Venturers (pursuant to certain assignments) are
now the parties to the agreement approved by the Iron Ore (Mount
30 Goldsworthy) Agreement Act 1964, which agreement as amended from
time to time is hereinafter called "the Principal Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
page 18
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Goldsworthy) Agreement Act 1964 Part 5
s. 18
NOW THIS AGREEMENT WITNESSES -
1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purpose
of the Principal Agreement.
5 2. The State shall introduce and sponsor a Bill in the State Parliament of
Western Australia to ratify this Agreement and endeavour to secure its
passage as an Act prior to 31 December 2000 or such later date as may be
agreed between the parties hereto.
3. (1) The provisions of this Agreement other than this Clause and
10 Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
(b) Bills to ratify the following agreements of even date
herewith, namely:-
15 (i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
(ii) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
20 Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Marillana Creek) Agreement;
25 (iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
(v) an agreement between the State and BHP Minerals
Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
30 Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
35 (Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
page 19
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 5 Iron Ore (Mount Goldsworthy) Agreement Act 1964
s. 18
(2) If before 31 December 2000 or such later agreed date the said Bills
have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
5 other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
(3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
10 provisions of any Act or law.
4. The Principal Agreement is hereby varied with effect on and from the
coming into operation of this agreement as follows -
(1) Clause 1 -
in the definition of "beneficiated ore" by inserting after "upgraded"
15 the following -
"by the Joint Venturers pursuant to proposals approved under this
Agreement".
(2) Clause 2(c) -
by deleting "and 11" and substituting the following ",11 and 12".
20 (3) By inserting after Clause 8 the following clauses -
"8A. Notwithstanding any provision in this Agreement for the
grant of titles hereunder to the Joint Venturers as tenants in
common in equal shares, if the Joint Venturers hold their
interests in this Agreement in other than equal shares, the
25 grant of titles and the renewal of any leases hereunder shall
be made to the Joint Venturers, if they so request the State,
in accordance with their percentage interests in this
Agreement.
8B. Notwithstanding the Mining Act the Joint Venturers may
30 with the prior approval of the Minister for Mines apply from
time to time for general purpose leases for the purposes of its
operations under this Agreement in respect of areas of land
greater than the maximum area provided for under that
Act.".
page 20
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Goldsworthy) Agreement Act 1964 Part 5
s. 18
(4) Clause 9(2)(j) -
by inserting after subparagraph (ii) the following subparagraph -
"(iia) on iron ore used in the beneficiation plant the subject of the
Agreement ratified by the Iron Ore Beneficiation (BHP)
5 Agreement Act 1996 at the following rates -
(A) in respect of lump ore, 7.5% of the f.o.b. value; and
(B) in respect of fine ore, 3.75% of the f.o.b. value;".
(5) Clause 12 -
by inserting after subclause (2) the following subclause -
10 "(2a) Notwithstanding the Mining Act 1978, the Minister for
Mines may for the purposes of this clause grant to the Joint
Venturers rights of occupancy in respect of the whole or
parts of Temporary Reserve 3156H for such period or
periods and on such terms and conditions as the Minister for
15 Mines after consultation with the Minister considers
reasonable.".
(6) Clause 12A -
by inserting after "the State shall" the following -
"subject in respect of proposals under clause 12 to the surrender by
20 the Joint Venturers of any rights of occupancy granted under
clause 12(2a)".
5. The Principal Agreement is hereby further varied with effect on and from
the later of the coming into operation of the Water Agreement (as
hereinafter defined) or the coming into operation of this agreement as
25 follows -
(1) By inserting after Clause 8B the following clause -
"Water - Port Hedland
8C.(1) In this clause -
"Water Agreement" means an agreement entered into
30 between the Water Corporation (established pursuant to
section 4 of the Water Corporation Act 1995) and BHP Iron
Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct
Reduced Iron Pty. Ltd. and the Mount Newman and Mount
Goldsworthy Mining Associates Joint Venturers in a form
35 approved by the Minister in relation to the supply of water
page 21
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 5 Iron Ore (Mount Goldsworthy) Agreement Act 1964
s. 18
for, inter alia, the Joint Venturers' water requirements for the
purposes of this Agreement at Port Hedland;
"Commencement Date", "Renewal Period", "Buyer" and
"Default" have the same meanings respectively as they have
5 in the Water Agreement.
(2) Notwithstanding any provision of the Water Agreement, the
State shall ensure during the period from the
Commencement Date until the later of the sixtieth (60th)
anniversary of the Commencement Date or the end of the
10 Renewal Period that (except where the Water Agreement is
lawfully terminated because of the Buyer's Default) -
(a) the Waters and Rivers Commission (established by
section 4 of the Waters and Rivers Commission
Act 1995) will allocate water reserves sufficient to
15 meet the quantities set out in the Water Agreement;
and
(b) in the event of expiration of the Water Agreement the
Coordinator of Water Services under the Water
Services Coordination Act 1995 will impose a
20 condition on any relevant licence to supply water in
Port Hedland that the supplier is to supply BHP Iron
Ore Pty. Ltd. (as agent as aforesaid) with water on the
same terms as those contained in the Water
Agreement.".
25 (2) Clause 10(a) -
(a) by inserting after "purposes hereunder" the following -
"at mining area "A", mining area "B" and mining area "C"";
(b) by inserting after "townsite" the following -
"established by the Joint Venturers for the purposes of their
30 operations and employees on or near mining area "A",
mining area "B" or mining area "C"".
6. If the Water Agreement referred to in Clause 5 of this agreement shall not
have come into operation by 1 January 2001, Clause 5 of this agreement
shall on that date cease and thenceforth have no effect.
35
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
the parties hereto the day and year first hereinbefore mentioned.
page 22
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Goldsworthy) Agreement Act 1964 Part 5
s. 18
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
THE COMMON SEAL of
BHP MINERALS PTY. LTD. Was [C.S.]
hereunto affixed by authority
of the Directors -
5 STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
THE COMMON SEAL of CI
MINERALS AUSTRALIA PTY. LTD. [C.S.]
was hereunto affixed by authority
of the Directors in the presence of:
10 MASAYUKI YAMAMOTO
Director
MICHAEL APPLEBEE
Secretary
THE COMMON SEAL of MITSUI
IRON ORE CORPORATION PTY. [C.S.]
LTD. was hereunto affixed
by authority of the Directors in the
presence of:
15 YOICHI HASHIMOTO
Director
JOHN SMITH
Secretary
".
page 23
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 6 Iron Ore (Mount Newman) Agreement Act 1964
s. 19
Part 6 -- Iron Ore (Mount Newman) Agreement
Act 1964
19. The Act amended
The amendments in this Part are to the Iron Ore (Mount
5 Newman) Agreement Act 1964*.
[* Reprinted as approved 10 August 1971.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 123.]
20. Section 2 amended
10 Section 2 is amended after the definition of "the company" by
inserting the following definition --
"
"the Fifth Variation Agreement" means the
agreement a copy of which is set out in the Sixth
15 Schedule to this Act;
".
21. Section 3E inserted
After section 3D the following section is inserted --
"
20 3E. Fifth Variation Agreement
(1) The Fifth Variation Agreement is ratified.
(2) The implementation of the Fifth Variation Agreement
is authorised.
(3) Without limiting or otherwise affecting the application
25 of the Government Agreements Act 1979, the Fifth
Variation Agreement is to operate and take effect
despite any other Act or law.
".
page 24
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Newman) Agreement Act 1964 Part 6
s. 22
22. Sixth Schedule inserted
After the Fifth Schedule the following Schedule is inserted --
"
Sixth Schedule
5 [s. 3E]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
10 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP MINERALS PTY. LTD. ACN 008 694 782 , a company incorporated in
the State of Western Australia, MITSUI-ITOCHU IRON PTY. LTD.
15 ACN 008 702 761 a company incorporated in the State of Western Australia
and CI MINERALS AUSTRALIA PTY. LTD. ACN 009 256 259 a company
incorporated in the State of Western Australia (hereinafter called "the Joint
Venturers") of the other part.
WHEREAS:
20 (a) the State and the Joint Venturers (pursuant to certain assignments and
Deeds of Covenant and the release of Mt. Newman Iron Ore Company
Limited pursuant to clause 19(2) of the Principal Agreement as
hereinafter defined) are now the parties to the agreement dated the
26th day of August 1964 which agreement was approved by and is
25 scheduled to the Iron Ore (Mount Newman) Agreement Act 1964 and as
amended from time to time is hereinafter referred to as "the Principal
Agreement";
(b) the State and the Joint Venturers wish to vary the Principal Agreement.
NOW THIS AGREEMENT WITNESSES -
30 1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purposes
of the Principal Agreement.
page 25
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 6 Iron Ore (Mount Newman) Agreement Act 1964
s. 22
2. The State shall introduce and sponsor a Bill in the Parliament of Western
Australia to ratify this Agreement and endeavour to secure its passage as
an Act prior to 31 December 2000 or such later date as may be agreed
between the parties hereto.
5 3. (1) The provisions of this Agreement other than this Clause and
Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
(b) Bills to ratify the following agreements of even date
10 herewith, namely:-
(i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
(ii) an agreement between the State and BHP Direct
15 Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
20 (Marillana Creek) Agreement;
(iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
(v) an agreement between the State and BHP Minerals
25 Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Mount Goldsworthy) Agreement; and
(vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
30 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
(2) If before 31 December 2000 or such later agreed date the said Bills
35 have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
page 26
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Newman) Agreement Act 1964 Part 6
s. 22
other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
(3) On the said Bills commencing to operate as Acts all the provisions
5 of this Agreement shall operate and take effect notwithstanding the
provisions of any Act or law.
4. The Principal Agreement is hereby varied with effect on and from the
coming into operation of this agreement as follows -
(1) Clause 1 -
10 in the definition of "beneficiated ore" by inserting after "upgraded"
the following -
"by the Company pursuant to proposals approved under this
Agreement".
(2) By inserting after Clause 8 the following clause -
15 "Lease for tunnel
8A. Notwithstanding the provisions of any Act regarding the
term of leases that it may grant, the Port Hedland Port
Authority may in accordance with approved proposals grant
to the Joint Venturers a lease for the purpose of an
20 underwater tunnel between Finucane Island and Nelson
Point for a term coterminous with the term of the agreement
ratified by the Iron Ore-Direct Reduced Iron (BHP)
Agreement Act 1996.".
(3) Clause 9(2)(j) -
25 (a) in subparagraph (i) by deleting the following -
"except that the rate of royalty in respect of lump ore used
within the Commonwealth by B.H.P. or A.I.S. or any
company or companies related to B.H.P. or A.I.S. within the
meaning of section 7 of the Companies (Western Australia)
30 Code for manufacture into iron or steel and becoming liable
for royalty during the period from an including 1st July 1989
to and including 31st December 1990 shall be -
(A) during the period 1st July 1989 to 31st December
1989, 5% of the f.o.b. value; and
35 (B) during the calendar year 1990; 6.25% of the f.o.b.
value".
page 27
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 6 Iron Ore (Mount Newman) Agreement Act 1964
s. 22
(b) by inserting after subparagraph (ii) the following
subparagraph -
"(iia) on iron ore used in the beneficiation plant the subject
of the Agreement ratified by the Iron Ore
5 Beneficiation (BHP) Agreement Act 1996 at the
following rates -
(A) in respect of lump ore, 7.5% of the f.o.b. value;
and
(B) in respect of fine ore, 3.75% of the f.o.b.
10 value;".
5. The Principal Agreement is hereby further varied with effect on and from
the later of the coming into operation of the Water Agreement (as
hereinafter defined) or the coming into operation of this agreement as
follows -
15 (1) By inserting after Clause 8A the following clause -
"Water - Port Hedland
8B.(1) In this clause -
"Water Agreement" means an agreement entered into
between the Water Corporation (established pursuant to
20 section 4 of the Water Corporation Act 1995) and BHP Iron
Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct
Reduced Iron Pty. Ltd. and the Mount Newman and Mount
Goldsworthy Mining Associates Joint Venturers in a form
approved by the Minister in relation to the supply of water
25 for, inter alia, the Joint Venturers' water requirements for the
purposes of this Agreement at Port Hedland;
"Commencement Date", "Renewal Period", "Buyer" and
"Default" have the same meanings respectively as they have
in the Water Agreement.
30 (2) Notwithstanding any provision of the Water Agreement, the
State shall ensure during the period from the
Commencement Date until the later of the sixtieth (60th)
anniversary of the Commencement Date or the end of the
Renewal Period that (except where the Water Agreement is
35 lawfully terminated because of the Buyer's Default) -
(a) the Waters and Rivers Commission (established by
section 4 of the Waters and Rivers Commission
page 28
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore (Mount Newman) Agreement Act 1964 Part 6
s. 22
Act 1995) will allocate water reserves sufficient to
meet the quantities set out in the Water Agreement;
and
(b) in the event of expiration of the Water Agreement the
5 Coordinator of Water Services under the Water
Services Coordination Act 1995 will impose a
condition on any relevant licence to supply water in
Port Hedland that the supplier is to supply BHP Iron
Ore Pty. Ltd. (as agent as aforesaid) with water on the
10 same terms as those contained in the Water
Agreement.".
(2) Clause 10(a) -
(a) by inserting after "purposes hereunder" the following -
"at the mining areas";
15 (b) by inserting after "townsite" the following -
"established by the Company for the purposes of its
operations and employees on or near the mining areas".
6. If the Water Agreement referred to in Clause 5 of this agreement shall not
have come into operation by 1 January 2001, Clause 5 of this agreement
20 shall on that date cease and thenceforth have no effect.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
25 COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
page 29
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 6 Iron Ore (Mount Newman) Agreement Act 1964
s. 22
THE COMMON SEAL of BHP
MINERALS PTY. LTD. was [C.S.]
hereunto affixed by authority of the
Board of Directors:
STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
5
THE COMMON SEAL of
MITSUI-ITOCHU IRON PTY. LTD. [C.S.]
was hereunto affixed by authority of the
Board of Directors in the presence of:
YOICHI HASHIMOTO
Director
PETER KATAVATIS
Secretary
10
THE COMMON SEAL of CI
MINERALS AUSTRALIA PTY. LTD. [C.S.]
was hereunto affixed by authority
of the Directors in the presence of:
MASAYUKI YAMAMOTO
Director
MICHAEL APPLEBEE
Secretary
15 ".
page 30
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore Beneficiation (BHP) Agreement Act 1996 Part 7
s. 23
Part 7 -- Iron Ore Beneficiation (BHP) Agreement
Act 1996
23. The Act amended
The amendments in this Part are to the Iron Ore Beneficiation
5 (BHP) Agreement Act 1996*.
[* Act No. 4 of 1996.]
24. Section 3 amended
Section 3 is amended as follows:
(a) at the end of the definition of "the Agreement" by
10 deleting the full stop and inserting a semicolon instead;
(b) after the definition of "the Agreement" by inserting the
following definition --
"
"the First Variation Agreement" means the
15 agreement a copy of which is set out in
Schedule 2.
".
25. Section 5 inserted
After section 4 the following section is inserted --
20 "
5. First Variation Agreement
(1) The First Variation Agreement is ratified.
(2) The implementation of the First Variation Agreement
is authorised.
page 31
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 7 Iron Ore Beneficiation (BHP) Agreement Act 1996
s. 26
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the First
Variation Agreement is to operate and take effect
despite any other Act or law.
5 ".
26. Schedule 2 inserted
After Schedule 1 the following Schedule is inserted --
"
Schedule 2
10 [s. 5]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
15 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP DIRECT REDUCED IRON PTY. LTD. ACN 058 025 960 a company
incorporated in the State of Western Australia and having its principal office at
20 Level 18, 200 St George's Terrace, Perth (hereinafter called "the Company") of
the other part.
WHEREAS:
(a) the State and the Company are the parties to the agreement ratified by the
Iron Ore Beneficiation (BHP) Agreement Act 1996, which agreement is
25 hereinafter called "the Principal Agreement";
(b) the State and the Company wish to vary the Principal Agreement.
NOW THIS AGREEMENT WITNESSES:
1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purpose
30 of the Principal Agreement.
page 32
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore Beneficiation (BHP) Agreement Act 1996 Part 7
s. 26
2. The State shall introduce and sponsor a Bill in the Parliament of Western
Australia to ratify this Agreement and endeavour to secure its passage as
an Act prior to 31 December 2000 or such later date as may be agreed
between the parties hereto.
5 3. (1) The provisions of this Agreement other than this Clause and
Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2;
and
(b) Bills to ratify the following agreements of even date
10 herewith, namely:-
(i) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Mount Goldsworthy) Agreement;
15 (ii) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct
Reduced Iron (BHP) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
20 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Marillana Creek) Agreement;
(iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
25 (v) an agreement between the State and BHP Minerals
Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals
30 Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
35 (2) If before 31 December 2000 or such later agreed date the said Bills
have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
page 33
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 7 Iron Ore Beneficiation (BHP) Agreement Act 1996
s. 26
determine and no party hereto shall have any claim against any
other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
5 (3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
provisions of any Act or law.
4. The Principal Agreement is hereby varied with effect on and from the
coming into operation of this agreement by deleting in Clause 34 "1998"
10 and substituting the following -
"2000".
5. The Principal Agreement is hereby further varied with effect on and from
the later of the coming into operation of the Water Agreement (as
hereinafter defined) or the coming into operation of this agreement as
15 follows -
(1) Clause 5(1)(g) -
by deleting "supply and".
(b) By deleting Clause 12 and substituting the following clause -
"Water - Port Hedland
20 12.(1) In this clause -
"Water Agreement" means an agreement entered into
between the Water Corporation (established pursuant to
section 4 of the Water Corporation Act 1995) and BHP Iron
Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct
25 Reduced Iron Pty. Ltd. and the Mount Newman and Mount
Goldsworthy Mining Associates Joint Venturers in a form
approved by the Minister in relation to the supply of water
for, inter alia, the Joint Venturers' water requirements for the
purposes of this Agreement at Port Hedland;
30 "Commencement Date", "Renewal Period", "Buyer" and
"Default" have the same meanings respectively as they have
in the Water Agreement.
(2) Notwithstanding any provision of the Water Agreement, the
State shall ensure during the period from the
35 Commencement Date until the later of the sixtieth (60th)
anniversary of the Commencement Date or the end of the
page 34
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore Beneficiation (BHP) Agreement Act 1996 Part 7
s. 26
Renewal Period that (except where the Water Agreement is
lawfully terminated because of the Buyer's Default) -
(a) the Waters and Rivers Commission (established by
section 4 of the Waters and Rivers Commission
5 Act 1995) will allocate water reserves sufficient to
meet the quantities set out in the Water Agreement;
and
(b) in the event of expiration of the Water Agreement the
Coordinator of Water Services under the Water
10 Services Coordination Act 1995 will impose a
condition on any relevant licence to supply water in
Port Hedland that the supplier is to supply BHP Iron
Ore Pty. Ltd. (as agent as aforesaid) with water on the
same terms as those contained in the Water
15 Agreement.".
6. If the Water Agreement referred to in Clause 5 of this agreement shall not
have come into operation by 1 January 2001, Clause 5 of this agreement
shall on that date cease and thenceforth have no effect.
20 IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
25
THE COMMON SEAL of BHP DIRECT
REDUCED IRON PTY. LTD. was [C.S.]
hereunto affixed by authority
of the Directors -
STEFANO GIORGINI
Director
MICHAEL KNOWLES
Secretary
30 ".
page 35
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 8 Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996
s. 27
Part 8 -- Iron Ore -- Direct Reduced Iron (BHP)
Agreement Act 1996
27. The Act amended
The amendments in this Part are to the Iron Ore -- Direct
5 Reduced Iron (BHP) Agreement Act 1996*.
[* Act No. 5 of 1996.]
28. Section 3 amended
Section 3 is amended as follows:
(a) at the end of the definition of "the Agreement" by
10 deleting the full stop and inserting a semicolon instead;
(b) after the definition of "the Agreement" by inserting the
following definition --
"
"the First Variation Agreement" means the
15 agreement a copy of which is set out in
Schedule 2.
".
29. Section 5 inserted
After section 4 the following section is inserted --
20 "
5. First Variation Agreement
(1) The First Variation Agreement is ratified.
(2) The implementation of the First Variation Agreement
is authorised.
page 36
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996 Part 8
s. 30
(3) Without limiting or otherwise affecting the application
of the Government Agreements Act 1979, the First
Variation Agreement is to operate and take effect
despite any other Act or law.
5 ".
30. Schedule 2 inserted
After Schedule 1 the following Schedule is inserted --
"
Schedule 2
10 [s. 5]
THIS AGREEMENT is made the 11th day of April 2000.
BETWEEN:
THE HONOURABLE RICHARD FAIRFAX COURT B.Com., M.L.A.,
Premier of the State of Western Australia, acting for and on behalf of the said
15 State and its instrumentalities from time to time (hereinafter called "the State")
of the one part
AND
BHP DIRECT REDUCED IRON PTY. LTD. ACN 058 025 960 a company
incorporated in the State of Western Australia and having its principal office at
20 Level 18, 200 St, George's Terrace, Perth (hereinafter called "the Company") of
the other part.
W H E R E A S:
(a) the State and the Company are the parties to the agreement ratified by the
Iron Ore-Direct Reduced Iron (BHP) Agreement Act 1996, which
25 agreement is hereinafter called "the Principal Agreement";
(b) the State and the Company wish to vary the Principal Agreement.
NOW THIS AGREEMENT WITNESSES:
1. Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purpose
30 of the Principal Agreement.
page 37
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 8 Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996
s. 30
2. The State shall introduce and sponsor a Bill in the Parliament of Western
Australia to ratify this Agreement and endeavour to secure its passage as
an Act prior to 31 December 2000 or such later date as may be agreed
between the parties hereto.
5 3. (1) The provisions of this Agreement other than this Clause and
Clauses 1 and 2 shall not come into operation unless and until -
(a) the Bill to ratify this Agreement as referred to in Clause 2; and
(b) Bills to ratify the following agreements of even date
herewith, namely:-
10 (i) an agreement between the State and BHP Direct
Reduced Iron Pty. Ltd. to vary the Iron Ore
Beneficiation (BHP) Agreement;
(ii) an agreement between the State, BHP Minerals Pty.
Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron
15 Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount
Goldsworthy) Agreement;
(iii) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
20 (Marillana Creek) Agreement;
(iv) an agreement between the State and BHP Iron Ore
(Jimblebar) Pty. Ltd. to vary the Iron Ore
(McCamey's Monster) Agreement;
(v) an agreement between the State and BHP Minerals
25 Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals
Australia Pty. Ltd. to vary the Iron Ore (Mount
Newman) Agreement; and
(vi) an agreement between the State and BHP Minerals
Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui
30 Iron Ore Corporation Pty. Ltd. to vary the Iron Ore
(Goldsworthy-Nimingarra) Agreement
are passed as Acts before 31 December 2000 or such later date if
any as the parties hereto may agree upon.
page 38
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996 Part 8
s. 30
(2) If before 31 December 2000 or such later agreed date the said Bills
have not commenced to operate as Acts then unless the parties
hereto otherwise agree this Agreement shall then cease and
determine and no party hereto shall have any claim against any
5 other party hereto with respect to any matter or thing arising out of,
done, performed, or omitted to be done or performed under this
Agreement.
(3) On the said Bills commencing to operate as Acts all the provisions
of this Agreement shall operate and take effect notwithstanding the
10 provisions of any Act or law.
4. The Principal Agreement is hereby varied with effect on and from the
coming into operation of this agreement by deleting in Clause 33 "1998"
and substituting the following -
"2000"
15 5. The Principal Agreement is hereby further varied with effect on and from
the later of the coming into operation of the Water Agreement (as
hereinafter defined) or the coming into operation of this agreement as
follows -
(1) Clause 5(1)(f) -
20 by deleting "supply and".
(2) Clause 12 -
(a) by deleting the subclause designation (1); and
(b) by deleting subclauses (2) to (10) inclusive.
(3) By inserting after Clause 12 the following clause -
25 "Water - Port Hedland
12A.(1)In this clause -
"Water Agreement" means an agreement entered into
between the Water Corporation (established pursuant to
section 4 of the Water Corporation Act 1995) and BHP Iron
30 Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct
Reduced Iron Pty. Ltd. and the Mount Newman and Mount
Goldsworthy Mining Associates Joint Venturers in a form
approved by the Minister in relation to the supply of water
for, inter alia, the Joint Venturers' water requirements for the
35 purposes of this Agreement at Port Hedland;
page 39
Acts Amendment (Iron Ore Agreements) Bill 2000
Part 8 Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996
s. 30
"Commencement Date", "Renewal Period", "Buyer" and
"Default" have the same meanings respectively as they have
in the Water Agreement.
(2) Notwithstanding any provision of the Water Agreement, the
5 State shall ensure during the period from the
Commencement Date until the later of the sixtieth (60th)
anniversary of the Commencement Date or the end of the
Renewal Period that (except where the Water Agreement is
lawfully terminated because of the Buyer's Default) -
10 (a) the Waters and Rivers Commission (established by
section 4 of the Waters and Rivers Commission
Act 1995) will allocate water reserves sufficient to
meet the quantities set out in the Water Agreement;
and
15 (b) in the event of expiration of the Water Agreement the
Coordinator of Water Services under the Water
Services Coordination Act 1995 will impose a
condition on any relevant licence to supply water in
Port Hedland that the supplier is to supply BHP Iron
20 Ore Pty. Ltd. (as agent as aforesaid) with water on the
same terms as those contained in the Water
Agreement.".
6. If the Water Agreement referred to in Clause 5 of this agreement shall not
have come into operation by 1 January 2001, Clause 5 of this agreement
25 shall on that date cease and thenceforth have no effect.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of
the parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE
RICHARD FAIRFAX COURT in RICHARD COURT
the presence of -
30 COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
page 40
Acts Amendment (Iron Ore Agreements) Bill 2000
Iron Ore -- Direct Reduced Iron (BHP) Agreement Act 1996 Part 8
s. 30
THE COMMON SEAL of BHP DIRECT
REDUCED IRON PTY. LTD. was [C.S.]
hereunto affixed by authority
of the Directors -
STEFANO GIORGINI
Director
MICHAEL KNOWLES
5 Secretary
".
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