Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 76 of 1966 s. 5; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT UNDER SEAL is made the 22nd day of November One thousand nine
hundred and sixty-six between THE HONOURABLE DAVID BRAND M.L.A. Premier and
Treasurer of the State of Western Australia acting for and on behalf of the
Government of the said State and its instrumentalities (hereinafter referred
to as “the State”) of the one part AND WESTERN ALUMINIUM NO
LIABILITY a Company duly incorporated under the Companies Statutes of the
State of Victoria and having its principal office in that State at 155 Queen
Street Melbourne and having its registered office in the State of Western
Australia at Hope Valley Road Kwinana (hereinafter referred to as “the
Company” which term shall include its successors and permitted assigns)
of the other part.
WHEREAS the parties are the parties to and desire
to amend the agreement between them defined in section 2 of the Alumina
Refinery Agreement Act 1961-1963 of the State of Western Australia (which
agreement is 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
purposes of the principal agreement.
2. — THE provisions of this agreement shall not come into operation
unless and until approved by an operative Act of the Legislature of the said
State.
3. — CLAUSE 2 of the principal agreement is amended —
(a) by adding after the definition of
“leased area” the following further definition —
“mineral lease” means the mineral lease referred to in clause
9(1)(a) hereof and includes any other mineral lease granted with respect to
any portion of the leased area;
(b) by adding after the definition of
“refinery” the following further definition —
“separate mineral lease” means a separate mineral lease granted
under subclause (17) of clause 9 hereof;
4. — CLAUSE 9 of the principal agreement is amended —
(a) by adding in paragraph (a) of subclause (1)
after the passage, “pursuant to subclause (6) of this clause” the
following passage —
“and if at any time the Company otherwise acquires any mineral lease or
mineral leases for bauxite either under subclause (17) of this clause or
adjacent to any area previously held by it for bauxite such additional mineral
lease or mineral leases”;
(b) by adding after subclause (16) the following
subclause —
(17) The Company may
at any time apply for and the Minister for Mines may approve the grant to the
Company of a separate mineral lease or separate mineral leases for bauxite in
respect of any portion or portions of the leased area particularly as
delineated (subject to survey) on the plan marked “D” and signed
by the parties hereto for the purposes of identification which portion or
portions of any such grant shall be deemed to be excised from the mineral
lease previously held by the Company in respect of the leased area which
mineral lease shall continue in full force and effect with respect to the
balance of the land contained in that mineral lease after the excision
therefrom of the portion or portions.
5. — CLAUSE 17 of the principal agreement is amended —
(a) by deleting subclause (1) and inserting in
lieu the following subclauses —
(1) The Company or any subsidiary or associated
company may from time to time —
(a) subject to subclause (2) of this clause assign
at any time prior to the 31st day of December 1986 as of right any separate
mineral lease to itself and another corporation (in this clause called
“the other corporation”) in equal undivided shares absolutely and
(b) with the consent in writing of the State which
consent shall not be arbitrarily or unreasonably withheld assign or dispose of
all or part of its rights and obligations under this agreement or any interest
herein or acquired hereunder save and except the separate mineral leases
subject however to the assignee in each case
executing in favour of the said State a deed of covenant in a form to be
approved by the Minister to comply with observe and perform the provisions
hereof on the part of the Company to be complied with observed or performed in
regard to the matter or matters so assigned.
(2) No assignment shall be permitted under
paragraph (a) of subclause (1) of this clause unless (except where and to the
extent that the parties hereto may otherwise agree in relation to any matter
mentioned in this subclause) at the time of such assignment the Company or the
other corporation or both is or are obliged to commence to construct within
one year and to complete the construction within three years of the date of
such assignment of an additional alumina refining unit on land owned or held
by the Company in the said State such unit having an annual production
capacity of not less than 180,000 metric tons of alumina.
(3) The Company and the other corporation being
the holders of any separate mineral lease may at any time and from time to
time re-assign such separate mineral lease to the Company alone in accordance
with any undertaking given by the other corporation in the agreement pursuant
to which the assignment was made to the Company and the other corporation and
on re-assignment shall cease to be a separate mineral lease and the land
comprised therein shall form part of the balance of the land referred to in
subclause (17) of clause 9 hereof.
(4) The Company shall not be entitled to assign
its half interest in any separate mineral lease held by the Company and the
other corporation except with the consent in writing of the Minister. If such
interest is being assigned together with all the other rights and interests of
the Company for the time being hereunder then such consent shall not be
arbitrarily or unreasonably withheld.
(5) An assignment made pursuant to this clause
shall not relieve the Company from any liability imposed upon the Company
hereunder.
(6) On the 31st day of December 1986 any separate
mineral lease not by then assigned shall determine and the land comprised
therein shall form part of the balance of the land referred to in subclause
(17) of clause 9 hereof.
(7) At any time prior to the 31st day of December
1986 the Minister for Mines may at the request in writing of the Company
cancel any separate mineral lease and the land comprised therein shall
thereupon form part of the balance of the land referred to in subclause (17)
of clause 9 hereof.
(b) by substituting in subclause (2) of the
principal agreement —
(a)
for the subclause number “(2)” the
subclause number “(8)”;
(b)
for the passage, “subclause (1)” the
passage, “subclause (1) or (3)”
IN WITNESS whereof the parties hereto have
executed this agreement the day and the year first above written.
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SIGNED SEALED AND DELIVERED ARTHUR GRIFFITH, Minister for Mines. |
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DAVID BRAND |
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THE COMMON SEAL OF WESTERN |
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[Third Schedule inserted: No. 76 of 1966 s. 5.]
