Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 61 of 1967 s. 5; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT UNDER SEAL is made the 13th day of November One thousand nine
hundred and sixty-seven 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 1961-1966 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
by —
(a) deleting the existing definition of
“works site” and substituting the following —
“works site” means the area of land referred to as the works site
in Clause 3 hereof, and, upon their being purchased by the Company as
hereinafter provided, shall also include the additional areas of land
described in subclauses (1) and (2) of Clause 3A hereof.
(b) deleting the existing definition of
“direct railway” and substituting the following —
“direct railway” means the railway referred to in subclause (1) of
Clause 10 hereof, and, upon the construction of the extension thereto as is
contemplated in Clause 10A hereof, shall mean such railway as so extended.
4. THE principal agreement is amended by adding a
new clause, Clause 3A, as follows —
3A. For the purpose of permitting an expansion of
the refinery —
(1) As soon after the passing of the
Alumina Refinery Agreement Act Amendment Act 1967 , as is reasonably possible,
the State will sell and the Company will purchase an estate in fee simple,
free of encumbrances, in the land shown shaded in red on the plan which is
marked “B” and which has been initialled on behalf of the parties
hereto for the purpose of identification (the boundaries and area of such land
to be determined by survey) for a price per acre to be agreed between the
State and the Company. Possession will be given and taken on payment of the
purchase money.
(2) Upon the Company giving notice to the State
that it requires, for the efficient operation of the refinery, the area of
land shown shaded in green on the plan referred to in subclause (1) of this
clause the State will sell to the Company an estate in fee simple in that land
(the boundaries and area of such land to be determined by survey) free of
encumbrances, at the same price per acre as is agreed with regard to the sale
and purchase of the land mentioned in subclause (1) of this clause. Possession
will be given and taken on payment of the purchase money.
(3) In the event of the Company giving notice to
the State in accordance with the provisions of subclause (2) of this clause
the State as soon as is reasonably possible, having regard to the obligations
mentioned in subclauses (4) and (5) of this clause, will close the deviation
road and the deviation railway.
(4) Before the deviation road is closed, the State
will construct a new road (hereinafter referred to as “the new deviation
road”) at the cost of the Company, along a route to be decided by the
State and the Company, and the Company shall pay to the State, on demand, an
amount equivalent to that expended by the State on the planning and
construction of such road (including the cost of any necessary resumption of
land): provided that the Company shall not be liable to pay more than would
have been required to construct the new deviation road to the same standard as
the deviation road.
(5) Before the deviation railway is closed the
State shall cause the standard gauge railway from Kwinana to Cockburn Junction
to be converted to dual gauge, including necessary connections, points,
crossings, crossing loops, communications and signalling equipment, the whole
being constructed to normal W.A.G.R. standards, to enable efficient
3′6″ gauge operation between Kwinana and Fremantle. The point of
connection at Cockburn Junction with the existing 3′6″ gauge line
will be in the vicinity of mileage 17 mls. 75 chns. from Perth via Fremantle.
The cost of this conversion will be borne by the Company and an amount
equivalent to that expended by the State in carrying out such conversion will
be paid by the Company on demand.
5. CLAUSE 7 of the principal agreement is amended
by adding a new subclause, subclause (8), as follows —
(8) In the event of the approaches from the main channel to the
Company’s wharf being dredged to a depth of 38 feet or more below low
water level and further dredging or maintenance dredging (as described in
subclause (7) of Clause 7 of this Agreement) being thereafter required the
State and the Company will endeavour to agree as to sharing the cost of such
further dredging or maintenance dredging. In the event of failure to reach
agreement the provisions of Clause 31 of this Agreement will not apply.
6. CLAUSE 10 of the principal agreement is amended
by —
(a) deleting the existing subclause (10) and
substituting the following —
(10)
(i) The rates of freight set out in
Part I of the Schedule to this clause are based on costs prevailing at the
date of execution of this agreement and shall be subject to variation from
time to time in proportion to any increase or decrease in the cost to the
Railways Commission of maintaining and operating the direct railway.
(ii) The rates of freight set out in
Part II of the Schedule and applicable to annual tonnages of 1.46 million or
more are based on costs prevailing at the 31st of March, 1967, and shall be
subject to variation from time to time in proportion to any increase or
decrease in the cost to the Railways Commission of maintaining and operating
the direct railway.
(iii) The State will at the request
of the Company procure the certificate of the Auditor General of the said
State as to the correctness of such variation in the freight rates.
(b) deleting the schedule at the end of the clause
and substituting the following —
The Schedule Hereinbefore In this Clause Referred To
PART I.
PART II.
7. THE principal agreement is amended by adding a
new clause, Clause 10A, as follows —
10A. (1) If Parliament shall pass the bill
entitled a bill for the
Kwinana-Mundijong-Jarrahdale Railway Extension Act 1967 , the Company shall
proceed, as soon thereafter as is reasonably practicable, to extend the track
of the railway referred to in subclause (1) of Clause 10 hereof as authorised
by the said Act; such extension shall be constructed in accordance with
specifications to be supplied by the State and no contract for the
construction of such extension, or any part thereof, shall be entered into
without the concurrence of the State.
(2) If Parliament
shall pass the said bill the Company shall provide the locomotives and rolling
stock sufficient, together with those already available, to transport to the
works site by the direct railway all ore mined by the Company along the direct
railway. All such locomotives and rolling stock shall be in accordance with
specifications to be supplied by the State and no contract for the supply of
any such locomotives or rolling stock shall be entered into without the
concurrence of the State.
(3) (i) Upon the completion of the railway track as constructed by
the Company in accordance with the provisions of subclause (1) of this Clause,
the Company shall lease forthwith to the Railways Commission, with an option
to purchase, the said railway track. Such lease shall be in a form agreed on
by the parties.
(ii) As and when the locomotives and rolling stock
referred to in subclause (2) of this Clause become available, the Company
shall by one or more instruments lease such locomotives and rolling stock to
the Railways Commission. Such lease or leases shall be in a form agreed on by
the parties.
IN WITNESS whereof the parties hereto have
executed this agreement the day and year first above written.
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SIGNED SEALED AND DELIVERED C. W. COURT, |
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DAVID BRAND |
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THE COMMON SEAL OF WESTERN F. E. TYRRELL, |
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C. E. PFEIFER,
[L.S.]
Director.
[Fourth Schedule inserted: No. 61 of 1967 s. 5.]
