Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading inserted: No. 24 of 2013 s. 8.]
2013
THE HONOURABLE COLIN JAMES BARNETT
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
CHEVRON (TAPL) PTY LTD
ABN 18 081 647 047
MOBIL AUSTRALIA RESOURCES COMPANY PTY LIMITED
ABN 38 000 113 217
SHELL DEVELOPMENT (AUSTRALIA) PROPRIETARY LIMITED
ABN 14 009 663 576
OSAKA GAS GORGON PTY LTD
ABN 13 139 074 847
TOKYO GAS GORGON PTY LTD
ABN 16 138 592 042
CHUBU ELECTRIC POWER GORGON PTY LTD
ABN 94 140 107 464
GORGON GAS PROCESSING AND INFRASTRUCTURE PROJECT AGREEMENT 2003
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 21 st day of October 2013
BETWEEN
THE HONOURABLE COLIN JAMES BARNETT MLA., Premier of the State of Western
Australia acting for and on behalf of the said State and instrumentalities
thereof from time to time ( State )
AND
CHEVRON (TAPL) PTY LTD ABN 18 081 647 047 of Level 24, 250 St Georges Terrace,
Perth, Western Australia, MOBIL AUSTRALIA RESOURCES COMPANY PTY LIMITED ABN 38
000 113 217 of 12 Riverside Quay, Southbank, Melbourne, Victoria, SHELL
DEVELOPMENT (AUSTRALIA) PROPRIETARY LIMITED ABN 14 009 663 576 of Level 3, 2
Victoria Avenue, Perth, Western Australia, OSAKA GAS GORGON PTY LTD ABN 13 139
074 847 of Level 16, 108 St Georges Terrace, Perth, Western Australia, TOKYO
GAS GORGON PTY LTD ABN 16 138 592 042 of Level 21, Exchange Plaza, 2 The
Esplanade, Perth, Western Australia and CHUBU ELECTRIC POWER GORGON PTY LTD
ABN 94 140 107 464 of Level 22, St Martins Tower, 44 St Georges Terrace,
Perth, Western Australia (together with their successors and permitted assigns
collectively called the “ Joint Venturers ”).
RECITALS
A. The State and the Joint Venturers are now the
parties to the agreement dated 9 September 2003, the execution of which by the
State was ratified by the Barrow Island Act 2003 and which as subsequently
varied by agreement dated 9 September 2009 is referred to in this Agreement as
the “ Principal Agreement ”.
B. The State and the Joint Venturers wish to vary
the Principal Agreement on the terms and conditions of this Agreement.
THE PARTIES AGREE as follows :
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. (1) This Agreement,
other than this clause and clause 1, does not come into operation except in
accordance with subclause (2).
(2) This Agreement,
other than this clause and clause 1, comes into operation on the day on which
it is ratified by an Act of the Parliament of Western Australia unless, before
that day, it terminates under subclause (4).
(3) The State must
introduce in the Parliament of Western Australia before 31 December 2013, or a
later date agreed between the parties to this Agreement, a Bill to ratify this
Agreement and must endeavour to secure its passage as an Act.
(4) If by 30 June 2014
this Agreement has not been ratified by an Act of the Parliament of Western
Australia then, unless the parties to this Agreement otherwise agree, this
Agreement terminates on that day and no party hereto will 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. The Principal Agreement is hereby varied as
follows:
(1) in clause 1 in the
definition of “Gas Processing Area” by deleting “300”
and substituting “332”;
(2) in clause 5(1) by
deleting “300” and substituting “332”;
(3) in clause 6 by
inserting after subclause (11) the following new subclause:
“(12)
If the Minister considers it reasonable and appropriate
to do so the Minister may approve pursuant to clause 8(7) (including as
applying pursuant to clause 10(3)) variations to any approved proposals to
which a subclause (10) permission relates to provide for the grant (including
by variation of any existing titles) to the Joint Venturers under the LA Act
and in accordance with this Agreement of leases, licences and easements in
respect of land within the Gas Processing Area beyond that otherwise allowed
by the subclause (10) permission.”; and
(4) in clause 22(1) by
deleting “ 300” and substituting “332”.
EXECUTED as a deed.
SIGNED by THE HONOURABLE
)
COLIN JAMES
BARNETT ) [Signature]
in the presence of: )
[Signature]
Witness:
Name: Nicole Henderson
EXECUTED by CHEVRON (TAPL) PTY )
LTD in accordance
with section 127(1) of the )
Corporations Act
2001 (Cth) by authority of its )
Directors:
)
[Signature]
[Signature]
Signature of Director
Signature of Director/ Secretary
Roy J. Krzywosinski
Marcia H Decter
Name of Director
Name of Director/Secretary
EXECUTED by MOBIL AUSTRALIA )
RESOURCES COMPANY
PTY LIMITED )
by its undersigned Attorney who has
not )
received any notice of revocation of the
Power )
of Attorney under which this deed is
signed: )
[Signature]
[Signature]
Signature of Attorney
Signature of Witness
Luke P Musgrave Robyn
Eileen Susan Wheatland
Name of Attorney
Name of Witness
EXECUTED by SHELL DEVELOPMENT )
(AUSTRALIA)
PROPRIETARY LIMITED )
in accordance with section
127(1) of the
)
Corporations Act 2001 (Cth) by authority of its
)
Directors:
)
[Signature]
[Signature]
Signature of Director
Signature of Director /Secretary
Cassandra Jane Chinkin
Peter Lorbeer
Name of Director
Name of Director /Secretary
EXECUTED by OSAKA GAS
)
GORGON PTY LTD in accordance
)
with section 127(1) of the Corporations
)
Act 2001 (Cth) by authority of its
)
Directors:
)
[Signature]
[Signature]
Signature of Director
Signature of Director/ Secretary
Yasuo Kato Keiji
Takemori
Name of Director
Name of Director/ Secretary
EXECUTED by TOKYO GAS
)
GORGON PTY LTD in accordance
)
with section 127(1) of the Corporations
)
Act 2001 (Cth) by authority of its
)
Directors:
)
[Signature]
[Signature]
Signature of Director
Signature of Director/ Secretary
Koichi Tanimura Chris
Rumley
Name of Director
Name of Director/ Secretary
EXECUTED by CHUBU )
ELECTRIC POWER GORGON
)
PTY LTD in accordance with section
)
127(1) of the Corporations Act 2001
)
(Cth) by authority of its Directors:
)
[Signature]
[Signature]
Signature of Director
Signature of Director/ Secretary
Yuta Kano Akira Mikami
Name of Director
Name of Director/Secretary
[Schedule 2 inserted: No. 24 of 2013 s. 8.]
This is a compilation of the Barrow Island Act 2003 and includes amendments
made by other written laws. For provisions that have come into operation, and
for information about any reprints, see the compilation table. For provisions
that have not yet come into operation see the uncommenced provisions table.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
61 of 2003 |
20 Nov 2003 |
Act other than s. 12: 20 Nov 2003 (see s. 2) | |
|
Petroleum Legislation Amendment and Repeal Act 2005 s. 48 |
13 of 2005 |
1 Sep 2005 |
28 Mar 2007 (see s. 2 and Gazette 27 Mar 2007 p. 1405) |
|
Petroleum Amendment Act 2007 s. 90 |
35 of 2007 |
21 Dec 2007 |
19 Jan 2008 (see s. 2(b) and Gazette 18 Jan 2008 p. 147) |
|
Barrow Island Amendment Act 2013 |
24 of 2013 |
18 Dec 2013 |
s. 1 and 2: 18 Dec 2013 (see s. 2(a)); |
|
Barrow Island Amendment Act 2015 |
13 of 2015 |
8 May 2015 |
s. 5: 20 Nov 2003 (see s. 2(b)) ; |
|
Reprint 1: The Barrow Island Act 2003 as at 15 Jul 2016 (includes amendments
listed above) | |||
|
Land and Public Works Legislation Amendment Act 2023 Pt. 4 Div. 1 |
4 of 2023 |
24 Mar 2023 |
10 Aug 2023 (see s. 2(b) and SL 2023/132 cl. 2) |
To view the text of the uncommenced provisions see Acts as passed on the WA
Legislation website.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Petroleum Legislation Amendment Act 2024 Pt. 5 Div. 1 |
17 of 2024 |
14 May 2024 |
To be proclaimed (see s. 2(b)) |
1 Section 12 of this Act had not come into
operation when it was deleted by the Petroleum Legislation Amendment and
Repeal Act 2005 s. 48(3).
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
2013 variation agreement
3
Barrow Island lease
3
Barrow Island lessee 3
BI Act Minister
3
CALM Act Minister 3
carbon
dioxide 3
CO2 14A
CO2
disposal management plan 14A
CO2 injection
cessation date 14A
CO2 injection operations
14A
CO2 injection site closure notice
14A
collateral deed 14A
common law
liability 14A
Commonwealth representative
14A
formation 14A
gas
3
gas processing project purpose
3
Gorgon CO2 14A
Greater Gorgon Area
14A
holding company 14A
independent third party 14A
Joint Venturers
14A
LA Act 3
LA Act Minister
3
leakage 14A
liability assumption date 14A
Project
14A
related entity 14A
section 13 approval 14A
subsidiary
14A
the Agreement 3
the reserve
3
Title Areas 14A
uncleared land 9(2)
© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer