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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 CONTENTS 1. Short title 1 2. Commencement 2 3. The Act amended 2 4. Section 2 amended 2 5. Part II heading amended 3 6. Section 3A replaced and section 3B inserted 3 7. Schedule 4 inserted 3 page i 71--1 Western Australia LEGISLATIVE ASSEMBLY Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 A Bill for An Act to amend the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981. The Parliament of Western Australia enacts as follows: 1. Short title This Act may be cited as the Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Act 2001. page 1 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 2 2. Commencement This Act comes into operation on the 28th day after the day on which it receives the Royal Assent. 3. The Act amended 5 The amendments in this Act are to the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981*. [* Act No. 108 of 1981. For subsequent amendments see 2000 Index to Legislation of Western Australia, Table 1, p. 118.] 10 4. Section 2 amended Section 2 is amended as follows: (a) by deleting the definitions of "Schedule", "section" and "subsection"; (b) by inserting after the definition of "the Company" the 15 following definition -- " "the first supplementary agreement" means the agreement a copy of which is set out in Schedule 3; 20 "; (c) by deleting the definition of "the Supplementary Agreement" and inserting the following definition instead -- " 25 "the second supplementary agreement" means the agreement a copy of which is set out in Schedule 4. ". page 2 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 5. 5. Part II heading amended The heading to Part II is amended by inserting after "AGREEMENT" -- " AND SUPPLEMENTARY AGREEMENTS ". 5 6. Section 3A replaced and section 3B inserted Section 3A is repealed and the following sections are inserted instead -- " 3A. First supplementary agreement 10 The first supplementary agreement is approved and ratified. 3B. Second supplementary agreement The second supplementary agreement is approved and ratified. 15 ". 7. Schedule 4 inserted After Schedule 3 the following Schedule is inserted -- " Schedule 4 20 [s. 2] THIS AGREEMENT is made the 15th day of October 2001 BETWEEN THE HONOURABLE GEOFFREY IAN GALLOP BEc, MA, MPhi1, DPhi1, MLA, Premier of the State of Western Australia, 25 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 page 3 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 CAPRICORN DIAMONDS LIMITED ACN 009 102 621, ASHTON ARGYLE HOLDINGS PTY LIMITED ACN 083 175 991 and AML NOMINEES LIMITED ACN 006 378 329 each of 2 Kings Park Road, West Perth, Western 5 Australia (hereinafter called "the Joint Venturers") of the other part WHEREAS: (a) the State and the Joint Venturers are now the parties to the agreement ratified by the Diamond (Argyle Diamond Mines 10 Joint Venture) Agreement Act 1981 which agreement has been varied by the agreement ratified by the Diamond (Ashton Joint Venture) Agreement Amendment Act 1983 and which (as so varied) is hereinafter called "the Principal Agreement"; (b) pursuant to Clause 18 of the Principal Agreement Mining Lease 15 No. 275SA (hereinafter called "the Ellendale Mining Lease") has been granted in respect of the area defined in the Principal Agreement as the Ellendale mining area; and (c) the Joint Venturers desire to sell the Ellendale Mining Lease and for such purpose the parties hereto desire to further vary the 20 Principal Agreement and the Ellendale Mining Lease as provided herein. NOW THIS AGREEMENT WITNESSES -- 1. Subject to the context words and phrases used in this Agreement have the same meanings respectively as they have in 25 and for the purpose of the Principal Agreement. 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 30 June 2002 or such later date as the parties hereto may agree. 30 3. (1) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not commence to operate until the Bill referred to in Clause 2 has been passed by the Parliament of Western Australia and comes into operation as an Act. page 4 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 (2) If before 30 June 2002 or such later date as may be agreed pursuant to Clause 2 the said Bill has not come into operation as an Act then unless the parties hereto otherwise agree this Agreement shall cease and determine 5 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. (3) On the said Bill coming into operation as an Act all 10 provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law. 4. In clauses 5 and 6 of this Agreement, "Sale Date" means the date on which the Ellendale Mining Lease is transferred by the Joint Venturers to - 15 (a) Kimberley Diamond Company NL (ACN 061 899 634) pursuant to the Asset Sale Agreement dated 5 September 2001 and made between Argyle Diamond Mines Pty Limited (ACN 008 912 418) as manager for the Argyle Diamond Mines Joint Venture, the Joint 20 Venturers and the said Kimberley Diamond Company NL; (b) any other party that the Minister responsible for the administration of the Principal Agreement shall consent to. 25 5. Subject to Clause 6 of this Agreement, the Principal Agreement and the Ellendale Mining Lease are respectively varied with effect on and from the Sale Date as follows -- (A) The Principal Agreement: (1) Clause 1 -- 30 (a) by deleting the definition of "Ellendale mining area"; (b) in the definition of "mining leases" -- (i) by amending the definition to be a definition of "mining lease"; page 5 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 (ii) by deleting "or mining leases"; and (iii) by deleting "Clauses 15 and 18" and substituting the following -- "Clause 15"; 5 (c) in the definition of "ore", by deleting "leases" and substituting the following -- "lease"; (d) in the definition of "relevant town" -- (i) by deleting "and the Ellendale mining 10 area respectively"; and (ii) by deleting "in either case". (2) by deleting Clause 9. (3) by deleting Clause 18. (4) by deleting Clause 19. 15 (5) Clause 20 -- by deleting "or the Ellendale mining area". (6) Clause 21 -- (i) by deleting subclause (2); (ii) in subclause (3), by deleting "subclauses (1) 20 and (2)" and substituting the following -- "subclause (1)". (7) by deleting Clause 23. (8) Clause 24A -- (i) by deleting "and the Ellendale mining area 25 respectively"; and (ii) by deleting "relevant" in both cases where it occurs in paragraph (a). page 6 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 (9) Clause 32 -- by deleting "leases" and substituting the following -- "lease". 5 (10) Clause 37(1)(a) -- by deleting "leases" and substituting the following -- "lease". (11) Clause 37(2) -- 10 by deleting "leases" and substituting the following -- "lease". (12) Clause 37(3)(a) by deleting "leases" and substituting the 15 following -- "lease". (13) Clause 41(1)(a)(i) -- by deleting "leases" and substituting the following -- 20 "lease". (14) Clause 42 -- in subclauses (1)(a) and (2), by deleting "leases" and substituting the following -- "lease". page 7 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 (B) The Ellendale Mining Lease: (1) in the heading, by deleting the following -- "Diamond (Ashton Joint Venture) Agreement Act 1981". 5 (2) in the body of the lease -- (i) by deleting "(except as otherwise provided by the Agreement described in the Second Schedule to this lease)". (ii) by deleting "subject to the Agreement". 10 (iii) by deleting "except as otherwise provided by the Agreement". (iv) by deleting "for the time being and from time to time" and substituting the following -- 15 "and royalties for the time being and from time to time respectively". (v) by deleting "and the royalties as provided in the Agreement with the right during the currency of the Agreement and in 20 accordance with the provisions of the Agreement to take successive renewals of the term each for a further period of 21 years upon the same terms and conditions subject to the sooner determination of the said term 25 upon cessation or determination of the Agreement PROVIDED ALWAYS that this lease and any renewal thereof shall not be determined or forfeited otherwise than in accordance with the Agreement.". 30 (3) by deleting the Second Schedule. page 8 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 (4) by inserting at the end of the Third Schedule the following -- "The boundary of the land being identical to the external boundaries of the following former contiguous surveyed mineral claims: 04/2230 04/2277 04/2308 04/2731 04/10420 04/10439 04/2231 04/2278 04/2309 04/2732 04/10421 04/10440 04/2232 04/2279 04/2310 04/2733 04/10422 04/10441 04/2233 04/2283 04/2311 04/2736 04/10423 04/10442 04/2234 04/2284 04/2419 04/5270 04/10424 04/10443 04/2235 04/2285 04/2420 04/9016 04/10425 04/10444 04/2236 04/2286 04/2421 04/9022 04/10426 04/10445 04/2238 04/2287 04/2470 04/9023 04/10427 04/10446 04/2239 04/2289 04/2471 04/9024 04/10428 04/10447 04/2240 04/2290 04/2472 04/9025 04/10429 04/10448 04/2241 04/2291 04/2474 049028 04/10430 04/10449 04/2242 04/2292 04/2475 04/9029 04/10431 04/10450 04/2243 04/2293 04/2476 04/9030 04/10432 04/10451 04/2244 04/2302 04/2477 04/9031 04/10433 04/10452 04/2246 04/2303 04/2480 04/10415 04/10434 04/10456 04/2247 04/2304 04/2481 04/10416 04/10435 04/10457 04/2249 04/2305 04/2582 04/10417 04/10436 04/10458 04/2250 04/2306 04/2583 04/10418 04/10437 04/10735 04/2269 04/2307 04/2584 04/10419 04/10438 04/10736.". 5 (5) by deleting Conditions 8 and 9 of the Schedule of Conditions attached to the lease. page 9 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 6. From and including the Sale Date the Ellendale Mining Lease (as amended by this Agreement) shall continue in force and effect under and subject to the Mining Act 1978 (notwithstanding the provisions of section 73 of that Act 5 restricting the area of land in respect of which a mining lease may be granted) and the provisions of the Principal Agreement shall no longer apply to the Ellendale Mining Lease which shall thenceforth be assigned to the West Kimberley Mineral Field and be designated Mining Lease 04/372 on the tenement 10 register maintained under the Mining Act 1978 in lieu of the designation Mining Lease No. 275SA. 7. If the transfer of the Ellendale Mining Lease referred to in Clause 4 of this Agreement is not effected by 31 December 2002 or such later date as the parties hereto may 15 agree, this Agreement shall on that date cease and thenceforth have no effect. IN WITNESS WHEREOF this Agreement has been executed by the parties as a Deed. SIGNED by THE HONOURABLE ) 20 GEOFFREY IAN GALLOP in the ) Geoff Gallop presence of: ) C M Brown Minister for State Development THE COMMON SEAL of ) 25 CAPRICORN DIAMONDS LIMITED ) C.S. is affixed to this document in the presence of: ) Director T J Appleby Secretary/Director Francis T Hoare THE COMMON SEAL of ) 30 ASHTON ARGYLE HOLDINGS PTY ) C.S. LIMITED is affixed to this document: ) in the presence of: ) Director T J Appleby Secretary/Director Francis T Hoare page 10 Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment Bill 2001 s. 7 THE COMMON SEAL of ) AML NOMINEES LIMITED ) C.S. is affixed to this document: ) in the presence of: ) 5 Director E W J Tyler Secretary/Director T J Appleby ".
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