Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT is made this 25th day of November 1993
BETWEEN:
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 its
instrumentalities from time to time (hereinafter called “the
State”) of the one part
AND
ALBANY PLANTATION FOREST COMPANY OF AUSTRALIA PTY. LIMITED ACN 060 980 261 a
company incorporated in the State of Western Australia and having its
registered office at 22nd Floor 221 St George’s Terrace, Perth in the
said State (hereinafter called “the Company”) of the other part
WHEREAS:
(a) The Company is desirous of establishing in the
Albany region of Western Australia large scale commercial hardwood plantations
for the purpose of producing wood chips for export;
(b) To this end timber sharefarming agreements as
described in section 34B of the Conservation and Land Management Act 1984 may
be acquired by or will be entered into by the Executive Director of the
Department of Conservation and Land Management (“the Executive
Director”) as agent of the Company (“the Company’s timber
sharefarming agreements”) pursuant to a deed of agency and indemnity
entered into by the Executive Director and the Company (“the Deed of
Agency and Indemnity”);
(c) The State for the purposes of promoting
development in the Albany region and of promoting Western Australian exports
agrees to assist the Company upon and subject to the terms of this Agreement.
NOW THIS AGREEMENT WITNESSES:
Introduction of Bill
1. 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 31st December 1993 or such later date as
the parties hereto may agree.
Commencement and operation of agreement
2. The provisions of this Agreement other than
this clause 2 shall not commence to operate until the Bill referred to in
clause 1 has been passed by the Parliament of Western Australia and comes into
operation as an Act.
Company operations
3. The Company in its operations in Western
Australia shall comply with and observe the laws for the time being in force
in Western Australia.
Undertakings by the State
4. During the term of this Agreement —
(a) The
State shall not expropriate or confiscate from the Company timber standing or
felled produced by or on behalf of the Company under the Company’s
timber sharefarming agreements or wood chips made from that timber;
(b) The
State shall not impose, nor shall it permit or authorise any of its agencies
or instrumentalities or any local or other authority of the State to impose
discriminatory taxes rates or charges of any nature whatsoever on or in
respect of the Company’s timber sharefarming agreements the timber
standing or felled produced thereunder or wood chips made from that timber;
(c) The
State shall not discriminate against the Company in processing the
Company’s applications made in respect of its activities relating to the
production of timber by or on behalf of the Company under the Company’s
timber sharefarming agreements or made in respect of the processing thereof
into wood chips;
(d) The
State shall not impose restrictions which prevent the export by the Company of
wood chips made from timber which has been produced under the Company’s
timber sharefarming agreements;
(e)
Subject to relevant safety considerations the State shall not materially
obstruct, nor shall it permit or authorise any of its agencies or
instrumentalities or any local or other authority of the State materially to
obstruct, the Company’s operations in respect of the Company’s
timber sharefarming agreements or the transportation of the timber produced
therefrom or processing for export or transportation of wood chips made from
that timber; and
(f) On
request by the Company the State shall make representations to the
Commonwealth or to the Commonwealth constituted agency authority or
instrumentality concerned for the grant to the Company of any licence or
consent under the laws of the Commonwealth necessary to enable or to permit
the Company to export wood chips made from timber which has been produced
under the Company’s timber sharefarming agreements.
(g) The
State shall not cause the Executive Director to breach either the Deed of
Agency and Indemnity or the Company’s timber sharefarming agreements.
Variation
5. (1) The parties
hereto may from time to time by agreement in writing add to substitute for
cancel or vary all or any of the provisions of this Agreement for the purposes
of more efficiently or satisfactorily implementing or facilitating any of the
objects of this Agreement.
(2) The Minister shall
cause any agreement made pursuant to subclause (1) to be laid on the Table of
each House of Parliament within twelve sitting days next following its
execution.
(3) Either House may,
within twelve sitting days after the agreement has been laid before it, pass a
resolution disallowing the agreement, but if after the last day on which the
agreement might have been disallowed neither House has passed such a
resolution, then the agreement shall have effect from and after that last day.
Term of Agreement
6. This Agreement shall expire at such time as the
Company ceases to have any rights or obligations under any of the
Company’s timber sharefarming agreements, or on 30 June 2030, whichever
is earlier.
Applicable law
7. This Agreement shall be interpreted according
to the law for the time being in force in the State of Western Australia and
the parties hereto irrevocably submit to the exclusive jurisdiction of the
courts of Western Australia and to courts hearing appeals from those courts.
EXECUTED by the parties.
SIGNED for and on behalf of the )
State of Western
Australia by
)
THE HONOURABLE RICHARD FAIRFAX
) R. F. COURT
COURT M.L.A., Premier
in the )
presence of:
)
COLIN BARNETT
..........................................................
Witness
22 SAMSON ST. MOSMAN PARK W.A.
..........................................................
Address
MEMBER OF PARLIAMENT
............................................................
Occupation
THE COMMON SEAL of ALBANY )
PLANTATION FOREST
COMPANY OF )
AUSTRALIA PTY. LIMITED
)
ACN 060 980 261 was hereunto )
affixed by authority of the )
Directors in the
presence of:
)
K. KANDA
..........................................................
Director
Y. M. KOWATA
.....................................................
Director/
Secretary