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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Oil Refinery (Kwinana) Agreement Amendment
Bill 2016
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 2 amended 2
5. Section 3A deleted 2
6. Section 3D inserted 2
3D. 2016 variation agreement 2
7. Schedule 3 inserted 3
Schedule 3 -- 2016 variation agreement
220--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Oil Refinery (Kwinana) Agreement Amendment
Bill 2016
A Bill for
An Act to amend the Oil Refinery (Kwinana) Agreement Act 1952.
The Parliament of Western Australia enacts as follows:
page 1
Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 1
1 1. Short title
2 This is the Oil Refinery (Kwinana) Agreement Amendment
3 Act 2016.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Act amended
10 This Act amends the Oil Refinery (Kwinana) Agreement
11 Act 1952.
12 4. Section 2 amended
13 In section 2 before the 1st alphabetical definition insert in
14 numerical order:
15
16 2016 variation agreement means the agreement a copy of
17 which is set out in Schedule 3;
18
19 5. Section 3A deleted
20 Delete section 3A.
21 6. Section 3D inserted
22 After section 3C insert:
23
24 3D. 2016 variation agreement
25 (1) The 2016 variation agreement is ratified.
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 (2) The implementation of the 2016 variation agreement is
2 authorised.
3 (3) Without limiting or otherwise affecting the application
4 of the Government Agreements Act 1979, the 2016
5 variation agreement operates and takes effect despite
6 any other Act or law.
7 7. Schedule 3 inserted
8 After Schedule 2 insert:
9
10 Schedule 3 -- 2016 variation agreement
11 [s. 2]
12
13 2016
14
15 THE HONOURABLE COLIN JAMES BARNETT
16 THE STATE OF WESTERN AUSTRALIA
17 and
18 BP REFINERY (KWINANA) PROPRIETARY LIMITED
19 ACN 008 689 763
20
21
22
23 OIL REFINERY (KWINANA) AGREEMENT 1952
24 RATIFIED VARIATION AGREEMENT
25
26
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1
2 [Solicitor's details]
3
4
5 THIS AGREEMENT is made this 5th day of October 2016
6
7 BETWEEN
8
9 THE HONOURABLE COLIN JAMES BARNETT MLA, Premier of the
10 State of Western Australia, acting for and on behalf of the said State and
11 instrumentalities thereof from time to time (the "State") of the first part,
12 AND
13 BP REFINERY (KWINANA) PROPRIETARY LIMITED
14 ACN 008 689 763 of Level 17, 717 Bourke Street, Docklands, Victoria,
15 (hereinafter called the "Company" in which term shall be included its
16 successors and permitted assigns) of the second part.
17
18 RECITALS:
19 A. The parties to this Agreement are now the parties to the agreement
20 (herein called the 1952 Agreement) dated 3 March 1952, the execution
21 of which by the State was ratified by the Oil Refinery Industry
22 (Anglo-Iranian Oil Company Limited) Act 1952 (now known as the Oil
23 Refinery (Kwinana) Agreement Act 1952), as varied by:
24 (a) the agreement dated 10 November 1953;
25 (b) the agreement dated 23 November 1953;
26 (c) the agreement dated 10 September 1954;
27 (d) the agreement dated 22 December 1955;
28 (e) the agreement dated 1 June 1956;
29 (f) the agreement dated 3 October 1956;
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
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1 (g) the agreement dated 26 March 1959;
2 (h) the agreement dated 1 June 1962;
3 (i) the agreement dated 8 April 1965;
4 (j) the agreement dated 4 October 1965;
5 (k) the agreement dated 19 November 1975;
6 (l) the agreement dated 21 October 1985 which was ratified by the Oil
7 Refinery Industry (Anglo-Iranian Oil Company Limited)
8 Amendment Act 1985.
9 The 1952 Agreement as so varied is hereinafter referred to as the
10 "Principal Agreement".
11 B. The parties wish to vary the provisions of the Principal Agreement on the
12 terms and conditions set out in this Agreement.
13 THE PARTIES AGREE AS FOLLOWS:
14 1. Ratification and operation
15 (1) This Agreement, other than this clause, does not come into operation
16 except in accordance with subclause (2).
17 (2) This Agreement, other than this clause, comes into operation on the day
18 on which it is ratified by an Act of the Parliament of Western Australia
19 ("Operative Date") unless, before that day, it terminates under
20 subclauses (4) or (5).
21 (3) The State must introduce in the Parliament of Western Australia before
22 31 December 2016 a Bill to ratify this Agreement and must endeavour to
23 secure its passage as an Act.
24 (4) If by 31 December 2017 this Agreement has not been ratified by an Act
25 of the Parliament of Western Australia then, unless the parties to this
26 Agreement otherwise agree, this Agreement terminates on that day and
27 no party hereto will have any claim against any other party hereto with
28 respect to any matter or thing arising out of, done, performed, or omitted
29 to be done or performed under this Agreement.
30 (5) The parties agree that if the Principal Agreement is otherwise determined
31 in accordance with its provisions on a day prior to the Operative Date,
32 then this Agreement shall also terminate on and from that day and no
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 party hereto will have any claim against any other party hereto with
2 respect to any matter or thing arising out of, done, performed, or omitted
3 to be done or performed under this Agreement.
4 2. Variations of the Principal Agreement
5 The Principal Agreement is hereby varied as follows:
6 (1) in clause 1 by inserting in the appropriate alphabetical positions the
7 following new definitions:
8 Minister means the Minister in the Government of Western Australia for
9 the time being responsible for the administration of the Oil Refinery
10 (Kwinana) Agreement Act 1952;
11 Variation Agreement means the variation agreement made on or about
12 7 October 2016 between The Honourable Colin James Barnett, Premier
13 of the State of Western Australia acting for and on behalf of the said State
14 and its instrumentalities from time to time and the Company;
15 Variation Date means the date on which clause 2 of the Variation
16 Agreement comes into operation;
17 (2) in clause 4 by:
18 (a) inserting "and" at the end of paragraph (ii) of subclause (r);
19 (b) inserting "(including usual conservancy dues)" after "usual
20 charges" in paragraph (iii) of subclause (r);
21 (c) deleting "and" at the end of paragraph (iii) of subclause (r); and
22 (d) deleting paragraph (iv) of subclause (r);
23 (3) in clause 5 by:
24 (a) deleting "Treasurer" and substituting "Minister" in subclause (e);
25 (b) deleting "Treasurer" and substituting "Minister" in subclause (f);
26 (c) deleting "a permanent residence is erected" in subclause (n) and
27 inserting:
28 "is situated the following improvements:
29 (i) accommodation, recreation or administration facilities and
30 associated buildings; or
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 (ii) maintenance workshops existing within 100 metres of
2 facilities of the type listed in paragraph (i) above";
3 (d) inserting after "State" in subclause (r):
4 "and for the avoidance of doubt reference to:
5 (i) an Act includes the regulations for the time being in force
6 thereunder; and
7 (ii) an Act or regulations includes the amendments to that Act
8 or regulations and also any Act or regulations passed in
9 substitution therefor or in lieu thereof";
10 (e) deleting paragraph (i) of subclause (t) and substituting the
11 following new paragraph:
12 "that, subject to paragraph (ii) of this subclause, this Agreement
13 will expire on 1 January 2050; and";
14 (f) deleting subclause (u);
15 (g) inserting after clause (x) the following new subclauses:
16 "(ya) Local industry participation plan
17 (i) In this clause, the term "local industry participation
18 benefits" means:
19 (a) the use and training of labour available within
20 the said State;
21 (b) the use of the services of engineers, surveyors,
22 architects and other professional consultants,
23 experts, specialists, project managers and
24 contractors available within the said State; and
25 (c) the procurement of works, materials, plant,
26 equipment and supplies from Western
27 Australian suppliers, manufacturers and
28 contractors.
29 (ii) The Company acknowledges the need for local
30 industry participation benefits flowing from this
31 Agreement.
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1 (iii) The Company agrees that within 3 months after the
2 Variation Date it shall prepare and provide to the
3 Minister a plan which contains:
4 (a) a clear statement on the strategies which the
5 Company will use, and require a third party as
6 referred to in paragraph (vii) to use, to
7 maximise the uses and procurement referred
8 to in paragraph (i);
9 (b) detailed information on the procurement
10 practices the Company will adopt, and require
11 a third party as referred to in paragraph (vii)
12 to adopt, in calling for tenders and letting
13 contracts for works, materials, plant,
14 equipment and supplies and how such
15 practices will provide fair and reasonable
16 opportunity for suitably qualified Western
17 Australian suppliers, manufacturers and
18 contractors to tender or quote for works,
19 materials, plant, equipment and supplies;
20 (c) detailed information on the methods the
21 Company will use, and require a third party as
22 referred to in paragraph (vii) to use, to have
23 their respective procurement officers promptly
24 introduced to Western Australian suppliers,
25 manufacturers and contractors seeking such
26 introduction; and
27 (d) details of the communication strategies the
28 Company will use, and require a third party as
29 referred to in paragraph (vii) to use, to alert
30 Western Australian engineers, surveyors,
31 architects and other professional consultants,
32 experts, specialists, project managers and
33 consultants and Western Australian suppliers,
34 manufacturers and contractors to services
35 opportunities and procurement opportunities
36 respectively as referred to in paragraph (i).
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 It is acknowledged by the Company that the
2 strategies of the Company referred to in
3 paragraph (iii)(a) will include strategies of the
4 Company in relation to supply of services, labour,
5 works, materials, plant, equipment or supplies for
6 the purposes of this Agreement.
7 (iv) At the request of either of them made at any time
8 and from time to time, the Minister and the
9 Company shall confer as to any amendments desired
10 to any plan provided under this Clause and may
11 agree to the amendment of the plan or the provision
12 of a new plan in substitution for the one previously
13 provided.
14 (v) At least 3 months before the anticipated submission
15 of proposals pursuant to clause 5(x) (or such lesser
16 period as the Minister may, at the request of the
17 Company, approve in respect of any such anticipated
18 proposals), the Company must, unless the Minister
19 otherwise requires, give to the Minister information
20 about the implementation of the plan provided under
21 this clause in relation to the activities to be the
22 subject of such proposals. This obligation operates
23 in relation to all proposals submitted on or after the
24 date that is 4 months after the date when a plan is
25 first provided under this clause.
26 (vi) During the currency of this Agreement the Company
27 shall implement the plan provided under this clause.
28 (vii) The Company shall:
29 (a) in every contract entered into with a third
30 party where the third party has an obligation
31 or right to procure the supply of services,
32 labour, works, materials, plant, equipment or
33 supplies for or in connection with a proposed
34 development, ensure that the contract contains
35 appropriate provisions requiring the third
36 party to undertake procurement activities in
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 accordance with the plan provided under this
2 clause; and
3 (b) use reasonable endeavours to ensure that the
4 third party complies with those provisions.
5 (yb) Use of local labour professional services and materials
6 (i) Except as otherwise agreed by the Minister the
7 Company shall, for the purposes of this Agreement:
8 (a) except in those cases where the Company can
9 demonstrate it is not reasonable and
10 economically practicable so to do, use labour
11 available within the said State or if such
12 labour is not available then, except as
13 aforesaid, use labour otherwise available
14 within Australia;
15 (b) as far as it is reasonable and economically
16 practicable so to do, use the services of
17 engineers, surveyors, architects and other
18 professional consultants experts and
19 specialists, project managers, manufacturers,
20 suppliers and contractors resident and
21 available within the said State, or if such
22 services are not available within the said
23 State, then, as far as practicable as aforesaid,
24 use the services of such persons otherwise
25 available within Australia;
26 (c) during design and when preparing
27 specifications, calling for tenders and letting
28 contracts for works, materials, plant,
29 equipment and supplies (which shall at all
30 times, except where it is impracticable so to
31 do, use or be based upon Australian Standards
32 and Codes) ensure that suitably qualified
33 Western Australian and Australian suppliers,
34 manufacturers and contractors are given fair
35 and reasonable opportunity to tender or quote;
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 (d) give proper consideration and, where possible,
2 preference to Western Australian suppliers,
3 manufacturers and contractors when letting
4 contracts or placing orders for works,
5 materials, plant, equipment and supplies
6 where price, quality, delivery and service are
7 equal to or better than that obtainable
8 elsewhere or, subject to the foregoing, give
9 that consideration and, where possible,
10 preference to other Australian suppliers,
11 manufacturers and contracts; and
12 (e) if, notwithstanding the foregoing provisions of
13 this clause, a contract is to be let or an order is
14 to be placed with other than a Western
15 Australian or Australian supplier,
16 manufacturer or contractor, give proper
17 consideration and, where possible, preference
18 to tenders, arrangements or proposals that
19 include Australian participation where price,
20 delivery and service are otherwise equal or
21 better.
22 (ii) Except as otherwise agreed by the Minister, the
23 Company shall, in every contract entered into with a
24 third party for the supply of services, labour, works,
25 materials, plant, equipment or supplies for the
26 purposes of this Agreement require as a condition
27 thereof that such third party shall undertake the same
28 obligations as are referred to in paragraph (i) and
29 shall report to the Company concerning such third
30 party's implementation of that condition.
31 (iii) The Company shall in respect of developments the
32 subject or to be the subject (as the case may be) of
33 proposals submitted under clause 5(x) submit a
34 report to the Minister at quarterly intervals from the
35 date on which it gives notice under clause 5(x) until
36 commissioning of the developments the subject of
37 the proposals approved pursuant to clause 5(x) and
38 thereafter as requested by the Minister from time to
39 time, concerning its implementation of the
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 provisions of this clause and of the relevant plan in
2 connection with the development provided pursuant
3 to clause 5(ya), together with a copy of any report
4 received by the Company pursuant to paragraph (ii)
5 during that quarter or longer period as the case may
6 be PROVIDED THAT the Minister may agree that
7 any such reports need not be provided in respect of
8 contracts of such kind or value as the Minister may
9 from time to time determine.
10 (iv) The Company shall keep the Minister informed on a
11 regular basis as determined by the Minister from
12 time to time or otherwise as reasonably required by
13 the Minister during the currency of this Agreement
14 of any services (including any elements of the
15 project investigations, design and management) and
16 any works, materials, plant, equipment and supplies
17 that it may be proposing to obtain from or have
18 carried out or permit to be obtained from or carried
19 out outside Australia, together with its reasons
20 therefor and shall, as and when required by the
21 Minister, consult with the Minister with respect
22 thereto."; and
23 (h) inserting "(including under the Environmental Protection
24 Act 1986)" after "Act" in subclause (y).
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Oil Refinery (Kwinana) Agreement Amendment Bill 2016
s. 7
1 EXECUTED AS A DEED.
2
3
4 SIGNED by THE HONOURABLE )
5 COLIN JAMES BARNETT ) [Signature]
6 in the presence of: )
7
8
9
10 [Signature]
11 Signature of witness
12
13
14
15 AMY O'SULLIVAN
16 Name of witness
17
18 EXECUTED by BP REFINERY (KWINANA) )
19 PROPRIETARY LIMITED ACN 008 689 763 )
20 in accordance with section 127(1)) of the )
21 Corporations Act 2001 (Cth) )
22
23
24
25
26 [Signature] [Signature]
27 Signature of Director Signature of Director/Secretary
28
29
30
31 DESMOND THOMAS GILLEN SUZANNE BROE
32 Full Name Full Name
33
34
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