(1) In this section
—
Agreement means the agreement a copy of which is
set out in the First Schedule —
(a) as
varied from time to time in accordance with its provisions; and
(b) as
varied by these agreements —
(i)
the First Variation Agreement;
(ii)
the Second Variation Agreement;
(iii)
the Third Variation Agreement;
(iv)
the Fourth Variation Agreement;
(v)
the Fifth Variation Agreement.
(2) Clause 9(2)(j) of
the Agreement is varied —
(a) in
subparagraph (ii) by deleting “3.75%” and inserting —
5.625%
(b) in
subparagraph (iia)(B) by deleting “3.75%” and inserting —
5.625%
(c) in
subparagraph (iii) by deleting “3.25%” and inserting —
5%
(3) Clause
9(2)(j)(ii), (iia)(B) and (iii) of the Agreement as varied by subsection (2)
operate and take effect despite —
(a) any
other provision of the Agreement; and
(b) any
other agreement or instrument; and
(c) any
other Act or law.
(4) Nothing in this
section affects the amount of royalty payable under clause 9 of the Agreement
in respect of any period before the commencement of the Iron Ore Agreements
Legislation Amendment Act 2010 Part 8 1 .
[Section 4A inserted: No. 34 of 2010 s. 19.]