Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 8 of 1994 s. 6; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 30th day of November 1993
B E T W E E N:
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 State and
instrumentalities thereof from time to time (hereinafter called “the
State”) of the one part
AND
PILBARA IRON LIMITED ACN 008 694 853 a company incorporated in the State of
Western Australia, BHP MINERALS PTY. LTD. ACN 008 694 782 a company
incorporated in the State of Western Australia, MITSUI-ITOCHU IRON PTY. LTD.
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 of the other part.
WHEREAS:
(a) the State and the other parties hereto
(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 (hereinafter called “the 1964
Agreement”) which agreement was approved by and is scheduled to the
Iron Ore (Mount Newman) Agreement Act 1964 and has been varied by —
(i)
the agreement dated the 16th day of November 1967
approved by the Iron Ore (Mount Newman) Agreement Act Amendment Act 1967 ;
(ii)
the agreement dated the 9th day of May 1979 approved by
the Iron Ore (Mount Newman) Agreement Act Amendment Act 1979 ;
(iii)
agreements dated respectively the 11th day of December
1985 and the 27th day of January 1987 entered into pursuant to clause 20(1) of
the 1964 Agreement; and
(iv)
the agreement dated the 12th day of July 1990 ratified by
the Iron Ore (Mount Newman) Agreement Amendment Act 1990 ;
(b) the 1964 Agreement as so varied is hereinafter
referred to as “the Principal Agreement”;
(c) the parties desire to amend the Principal
Agreement pursuant to clause 20(1) thereof.
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 purposes 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 31 December 1993 or such later date as
may be 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
(b) a
Bill to ratify an agreement of even date herewith made between the State of
the one part and BHP Minerals Pty. Ltd., BHP Energy Holdings Pty. Ltd. and BHP
Power Holdings Pty. Ltd. of the other part
are passed as Acts
before 31 December 1993 or such later date (if any) as the parties hereto
agree upon.
(2) If before 31
December 1993 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 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 provisions of any Act or law.
4. The Principal Act is hereby varied as follows
—
(1) Clause 1 —
By inserting after the
definition of “person” the following definition —
“Pilbara Energy
Project Agreement” means the agreement (as amended from time to time)
ratified by the Pilbara Energy Project Agreement Act 1994 ;”.
(2) Clause 12 —
By deleting the
expressions appearing in the first column of the Table to this subclause
wherever they occur and substituting in each case respectively the dates
appearing alongside those expressions in the second column of the Table:
—
Table
Year 20 December 1996
Year 23
December 1999
Year 25 December 2001
Year 26
December 2002
Year 29
December 2005
Year 30 December 2006
Year 31
December 2007
Year 32
December 2008
Year 33 December 2009
(3) By inserting after
clause 12 the following Clause —
“12A. (1)
If each of the power station, the gas pipeline and the
Newman facilities as defined in the Pilbara Energy Project Agreement are
constructed, in accordance with the provisions of subclause (7) of clause 7 of
that agreement, by 31 December 1996 the obligations of the Company under
clause 12 of this Agreement shall cease on the date of completion of
construction of those works and from and after that date clauses 12, 13, 14,
15, 16 and 16A of this Agreement shall be deemed deleted from this Agreement
and this Agreement shall be read and construed accordingly.
(2)
If the date for completion of the power station, the gas
pipeline and the Newman facilities pursuant to the Pilbara Energy Project
Agreement is extended by reason of force majeure under clause 27 or pursuant
to clause 28 of that agreement or otherwise in accordance with the provisions
of that agreement, the date 31 December 1996 appearing in subclause (1) of
this clause and each of the dates appearing in clause 12 hereof shall be
extended by a period equal to the period of force majeure allowed or the
period of extension granted or provided for under that agreement.”.
5. The State acknowledges that the Company has no
further obligations under Clause 11 of the Principal Agreement.
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 said THE HONOURABLE RICHARD FAIRFAX COURT in the presence of: |
) |
|
COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
|
THE COMMON SEAL of PILBARA IRON LIMITED was hereunto affixed by authority of
the Board of Directors: |
) | |
Director G L WEDLOCK
Secretary L DAVIES
|
THE COMMON SEAL of BHP MINERALS PTY. LTD. was hereunto affixed by authority of
the Board of Directors: |
) | |
Director R J CARTER
Secretary CLAIR
MEDHURST
|
THE COMMON SEAL of MITSUI-ITOCHU IRON PTY. LTD. was hereunto affixed by
authority of the Board of Directors in the presence of: |
) | |
Director N HINOHARA
Secretary P KATAVATIS
|
THE COMMON SEAL of CI MINERALS AUSTRALIA PTY. LTD. was hereunto affixed by
authority of the Board of Directors in the presence of: |
) | |
Director Y KOWATA
Secretary M APPELBEE
[Fifth Schedule inserted: No. 8 of 1994 s. 6.]