Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 12 of 1979 s. 5; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT made the 9th day of May One thousand nine hundred and seventy
nine BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, K.C.M.G.,
O.B.E., M.L.A., Premier of the State of Western Australia acting for and on
behalf of the said State and instrumentalities thereof from time to time
(hereinafter called “the State”) of the First Part AMAX IRON ORE
CORPORATION a company incorporated in the State of Delaware in the United
States of America and registered in the State of Western Australia as a
foreign company (hereinafter called “Amax Iron”) PILBARA IRON
LIMITED a company incorporated in the State of Western Australia (hereinafter
called “Pilbara”) DAMPIER MINING COMPANY LIMITED a company
incorporated in the State of Western Australia (hereinafter called
“Dampier”) SELTRUST IRON ORE LIMITED a company incorporated in
England and registered in the State of Western Australia as a foreign company
(hereinafter called “Seltrust Iron”) and MITSUI-C. ITOH IRON PTY
LTD a company incorporated in the State of Western Australia (hereinafter
called “Mitsui Iron”) of the Second Part and MT. NEWMAN IRON ORE
COMPANY LIMITED a company incorporated in the State of Western Australia
(hereinafter called “the Mt. Newman Company”) of the Third Part.
WHEREAS:
(a) By
an agreement under seal made the 26th day of August, 1964 BETWEEN the State of
the one part and the Mt. Newman Company of the other part (which agreement was
approved by and is scheduled to the Iron Ore (Mount Newman) Agreement Act
1964 and is hereinafter referred to as “the 1964 agreement”) the
Mt. Newman Company acquired upon the terms and conditions set forth in the
1964 agreement certain rights interests and benefits and assumed certain
obligations with respect to the exploration for and development of specified
iron ore deposits and the mining transportation processing and shipment of
iron ore therefrom.
(b) By
virtue of various agreements under seal Amax Iron Pilbara Dampier Seltrust
Iron and Mitsui Iron became entitled to all the right title interest claim and
demand whatsoever of the Mt. Newman Company in and under the 1964 agreement
and by virtue of certain Deeds of Covenant with the State assumed the
obligations of the Mt. Newman Company thereunder.
(c) By
an agreement under seal made the 16th of November, 1967 between the State of
the first part and Amax Iron Pilbara Dampier Seltrust Iron and Mitsui Iron of
the second part and the Mt. Newman Company of the third part (which is
scheduled to the Iron Ore (Mount Newman) Agreement Act Amendment Act 1967 and
is hereinafter referred to as “the first variation agreement”) the
parties thereto varied the agreement as therein set out.
(d) The
parties desire to add to and amend the provisions of the 1964 agreement as
amended by the first variation agreement (hereinafter referred to as
“the Principal Agreement”).
NOW THIS AGREEMENT WITNESSETH:
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 provisions of this agreement shall not come
into operation unless and until a Bill to approve and ratify this agreement is
passed by the legislature of the State and comes into operation as an Act.
3. The Principal Agreement is hereby varied as
follows:
(1) As to clause 1
—
(a) by
adding after the definition “harbour” the following definition
—
“housing
scheme” means any scheme to be established by the Company from time to
time pursuant to any proposal approved hereunder or any approved proposal as
varied pursuant to subclause (3) of clause 20 hereof in relation to a townsite
or townsites for the sale to employees engaged in the operations of the
Company under this Agreement of lots of land whether improved or unimproved
within or near such townsite or townsites;
(b) by
substituting for the passage “in lieu of a townsite constituted and
defined under section 10 of the Land Act;” in lines 11 and 12 of the
definition of “townsite”, the following passage —
“(whether or not
such townsite or townsites are constituted and defined under section 10 of the
Land Act);”; and
(c) by
adding after the definition “Year 1” the following passage —
“reference in
this Agreement to the Company shall not include persons (other than the
parties to this Agreement) to whom townsite lots are or are by agreement with
the Company agreed to be assigned or transferred pursuant to a housing
scheme;”;
(2) by adding after
clause 6 two new clauses 6A and 6B as follows —
Additional proposals
6A. (1)
The Company may submit to the Minister from time to time
detailed proposals relating to —
(a) any
housing scheme;
(b) the
transfer to the State or the appropriate instrumentality of the State of any
facility owned and/or operated by the Company hereunder;
(c) the
vesting in, transfer or lease to the State and/or the relevant local authority
of any land of which the Company is the lessee or proprietor in fee simple
hereunder; or
(d) any
other purpose relating to the use maintenance or operation of the
Company’s services or facilities in or near a townsite as the Minister
shall approve.
(2) The provisions of
subclause (1) of clause 6 and subclause (1) of clause 7 of this Agreement
shall mutatis mutandis apply to proposals submitted pursuant to subclause (1)
of this clause. Provided that in the event of arbitration the decision of the
arbitrator, arbitrators or umpire (as the case may be) shall be final and
shall be accepted and given effect to by the parties and the provisions of
subclause (1) of clause 6 dealing with cessation and determination of this
Agreement shall not apply. The proposals modified or altered in accordance
with the award on arbitration shall be deemed approved on the date of delivery
of the award.
(3) The Company shall
implement the approved proposals in accordance with the terms thereof.
Authorisation of local authority and certain Ministers to enter agreements
6B. Where pursuant to
any approved proposal as to any of the matters referred to in clause 6A hereof
or as varied pursuant to subclause (3) of clause 20 hereof provision is made
for the relevant local authority consistent with its functions as a local
authority to enter into and carry out any agreement with the Company and/or
for the Minister or respective Ministers administering the
Country Areas Water Supply Act 1947 and the Country Towns Sewerage Act 1948 to
enter into and carry out any agreement with the Company —
(a) the
Local Government Act 1960 and/or the Country Areas Water Supply Act 1947 and
the Country Towns Sewerage Act 1948 shall for the purposes of implementing
such approved proposals be deemed to be modified by the inclusion of a power
whereby such relevant local authority and/or Minister or Ministers are
authorised and empowered to enter into and carry out any such agreement; and
(b) the
relevant local authority and such Minister or Ministers may enter into and
carry out any such agreement notwithstanding the other provisions of this
Agreement.;
(3) as to clause 8
—
(a) as
to paragraph (b) of subclause (1) by adding after the word
“hereof” in line 3 the following passage —
“or under clause
6A hereof or as varied from time to time pursuant to subclause (3) of clause
20 hereof”;
(b) as
to subclause (2) —
(i)
by deleting the word “and” in line 4 of
paragraph (e);
(ii)
by substituting for the passage “Act.” in
line 9 of paragraph (f) the passage “Act;”; and
(iii)
by adding after paragraph (f) the following paragraphs
—
“(g) the
inclusion of a power whereby any special lease granted to the Company
hereunder may be varied by agreement or surrendered in whole or in part; and
(h) the inclusion of a
power whereby any land granted or leased to the Company hereunder may be
—
(i)
acquired by the State or any instrumentality of the State
from the Company by way of transfer or exchange; or
(ii)
leased or subleased by the Company to the State or any
instrumentality of the State.”;
(c) by
adding after subclause (3) a new subclause (3A) as follows —
“(3A)
Notwithstanding the provisions of the Land Act, if
proposals approved hereunder so provide, the Minister for Lands shall not at
any time put up for sale or lease to persons other than the Company 30 or more
lots of land as a single release within the deposits townsite without first
consulting with the Company for the purpose of ensuring that provision has
been made for the Company’s future development requirements pursuant to
this Agreement.”;
(d) as
to paragraph (b) of subclause (4) by substituting for the words “nor any
of the lands the subject of any lease or license granted to the Company in
terms of” in lines 10, 11 and 12 the words “nor any lands for the
time being owned by the Company in fee simple hereunder or under any lease or
license issued pursuant to”; and
(e) by
substituting for the words “granted or assigned” in line 2 of
subclause (6) the words “held by the Company”;
(4) as to clause 10
—
(a) as
to paragraph (a) by substituting for the passage “1945;” at the
end of the paragraph, the passage “1945 PROVIDED HOWEVER that such
powers and authorities shall be modified from time to time to accord with
proposals approved under clause 6A hereof (including any variation thereto
pursuant to subclause (3) of clause 20 hereof);”;
(b) as
to paragraph (d) by substituting for the passage “Agreement;” at
the end of paragraph (i) the following passage —
“Agreement
PROVIDED that this subparagraph shall not apply to townsite lots which have
been granted to or acquired by the Company for the purposes of a housing
scheme unless such lots are then owned by the Company;”; and
(c) as
to paragraph (g) —
(i)
by substituting for the words “granted to” in
line 3 the words “held by”; and
(ii)
by adding after the words “this Agreement” in
line 3 the words “or in respect of which the Company has any right to
purchase pursuant to a housing scheme”;
(5) as to clause 16A
by adding after the word “Company” in line 7 of subclause (1) the
words “other than assignees of the Company under a housing
scheme”;
(6) as to clause 19 by
adding after subclause (2) two new subclauses (3) and (4) as follows —
“(3) Where in respect of any land
acquired by the Company hereunder the Company makes any disposition pursuant
to any approved proposal as to any of the matters referred to in clause 6A
hereof or as varied pursuant to subclause (3) of clause 20 hereof, then
notwithstanding the provisions of subclause (1) of this Clause but subject to
any contrary intention contained in any such approved proposal, the consent in
writing of the Minister shall not be required to any such disposition nor
shall any assignee from the Company be required to enter into a deed of
covenant as provided in subclause (1) of this clause.
(4) Notwithstanding subclause (2) of this
clause, where in the performance of its obligations under subclause (3) of
clause 6A hereof the Company enters into any agreement with a person which
results in that person discharging all or any of the obligations undertaken by
the Company under this Agreement or renders it unnecessary for the Company to
discharge any obligation undertaken by it hereunder the Minister will
discharge or temporarily relieve the Company from such part of its said
obligations as is reasonable having regard to the extent to which and the
period for which that person agrees to effect the discharge of those
obligations.”; and
(7) by adding after
clause 26 a new clause 26A as follows —
Further exemption from stamp duty
26A (1)
The State shall exempt from any stamp duty which but for the
operation of this clause would or might be chargeable on —
(a) any
agreement transfer or other instrument evidencing the sale or transfer to the
Company from the Rural and Industries Bank of Western Australia of any
townsite lot pursuant to any housing scheme;
(b) any
agreement transfer or other instrument evidencing the sale or transfer of any
lot in fee simple in the deposits townsite or the town of Port Hedland from
the Company to any employee or to the Company from any such employee or former
employee (as the case may be) pursuant to any housing scheme; and
(c) any
mortgage to the Company from any employee in respect of any land the subject
of a transfer from the Company to any such employee,
PROVIDED THAT this clause shall not apply to any such agreement transfer
mortgage or other instrument executed or made more than 10 years from the 1st
day of June, 1979.
(2) For the purposes
of paragraphs (b) and (c) of subclause (1) of this clause the expression
“employee” means any person engaged in the operations of the
Company under this Agreement and employed by the Company or by Mt. Newman
Mining Co. Pty. Limited (or other manager for the time being of the operations
of the Company hereunder) and shall for the purposes of any transfer pursuant
to paragraph (b) of subclause (1) of this clause include the legal personal
representatives of any such person.
IN WITNESS whereof these presents have been executed the day and year first
hereinbefore written.
|
SIGNED by the said THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, K.C.M.G.,
O.B.E., M.L.A., in the presence of — |
|
CHARLES COURT. |
ANDREW MENSAROS,
MINISTER FOR INDUSTRIAL DEVELOPMENT.
|
Executed by AMAX IRON ORE CORPORATION by being signed in Western Australia by
its duly appointed Attorney Donald L. Davenport under Power of Attorney dated
25th April, 1979 in the presence of — JOHN GALE. |
|
DONALD L. DAVENPORT. |
|
Executed by PILBARA IRON LIMITED by being signed in Western Australia by its
duly appointed Attorneys Colin Russell Leith and John McKenzie Middleton under
Power of Attorney dated 24th April, 1979 in the presence of — Norman Leslie Smithson. |
|
C. R. LEITH. J. M. MIDDLETON. |
|
Executed by DAMPIER MINING COMPANY LIMITED by being signed in Western
Australia by its duly appointed Attorney Norman Leslie Smithson under Power of
Attorney dated 2nd May, 1979 in the presence of — Raymond John Smith. |
|
N. L. SMITHSON. |
|
Executed for and on behalf of SELTRUST IRON ORE LIMITED by being signed in
Western Australia by its duly authorised representative Gordon MacEwan Smith
in the presence of — Thomas McLean. |
|
G. M. SMITH. |
|
THE COMMON SEAL of MITSUI-C. ITOH IRON PTY. LTD. was hereunto affixed with the
authority of the Board of Directors in the presence of — Director, Secretary, |
|
[C.S.] |
|
Executed by MT. NEWMAN IRON ORE COMPANY LIMITED by being signed in Western
Australia by its duly appointed Attorney Norman Leslie Smithson under Power of
Attorney dated 3rd May, 1979 in the presence of — Raymond John Smith. |
|
N. L. SMITHSON. |
[Third Schedule inserted: No. 12 of 1979 s. 5.]
