Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading amended: No. 19 of 2010 s. 4.]
BUNBURY TREEFARM PROJECT AGREEMENT
THIS AGREEMENT is made this 1st day of September 1995
B E T W E E N :
THE STATE OF WESTERN AUSTRALIA (in this Agreement called “the
State”)
AND
NIPPON PAPER TREEFARM AUSTRALIA PTY LTD (ACN 070 211 004), MITSUI PLANTATION
DEVELOPMENT (AUSTRALIA) PTY LTD (ACN 070 210 990), and MCA AFFORESTATION PTY
LTD (ACN 070 210 981), all of Level 24, Bourke Place, 600 Bourke Street,
Melbourne, Victoria (in this Agreement collectively called “the Joint
Venturers” in which expression will be included their respective
successors and permitted assigns)
RECITALS
A. The Joint Venturers are desirous of
establishing in the Bunbury Region commercial hardwood plantations for the
purpose of producing wood chips for export through the Project;
B. To this end the Executive Director of the
Department of Conservation and Land Management (“the Executive
Director”) a body corporate constituted by the
Conservation and Land Management Act 1984 (“the CALM Act”) acting
as the Joint Venturers’ agent pursuant to a Deed of Agency and Indemnity
entered into by the Executive Director and the Joint Venturers (“the AI
Deed”) will or may —
(a)
enter into timber sharefarming agreements under section 34B of the CALM Act in
respect of land in the Bunbury Region;
(b)
acting under sections 33(1)(f) and 34A(1)(d), (g) and (h) of the CALM Act,
with the Minister’s approval do all or any of the following —
(i)
arrange for the Joint Venturers to purchase;
(ii)
take on lease;
(iii)
enter into licences to enter and use;
(iv)
enter into option agreements —
(I) to enter into timber sharefarming
agreements under section 34B of the CALM Act in respect of;
(II) to take on lease;
(III) to enter into
licences to enter and use;
(v)
arrange for the Joint Venturers to enter into options to
purchase
land in the Bunbury
Region,
to allow the Joint Venturers to establish the
Project on that land;
C. The State for the purposes of promoting
development in the South West of Western Australia and of promoting Western
Australian exports agrees to assist the Joint Venturers in respect of the
Project upon and subject to the terms of this Agreement.
OPERATIVE PART WHEREBY THE PARTIES AGREE AS
FOLLOWS —
DEFINITIONS AND INTERPRETATION
1. (1) In this
Agreement subject to the context —
“Bunbury
Region” means the land which is within a 120 kilometre radius of the
General Post Office, Bunbury, Western Australia, with a long term average
rainfall greater than 600 millimetres per annum and of which the State granted
an estate in fee simple absolute prior to 1975;
“Project”
means the establishment and maintenance of large scale commercial hardwood
plantations of up to 20,000 hectares in the aggregate in the Bunbury Region
for the purpose of producing woodchips for export;
“Timber
Sharefarming Agreements” means timber sharefarming agreements referred
to in Recital B(a).
(2) In this Agreement
any covenant or agreement on the part of the Joint Venturers is a joint and
several covenant or agreement as the case may be.
INTRODUCTION OF BILL
2. The State must 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 1995 or such later date as
the parties may agree.
COMMENCEMENT AND OPERATION OF AGREEMENT
3. This Agreement other than clauses 1 and 2 and
this clause 3 does not commence to operate until the Bill referred to in
clause 2 has been passed by the Parliament of Western Australia and comes into
operation as an Act.
JOINT VENTURERS’ OPERATIONS
4. (1) The Project
must not exceed 20,000 hectares in the aggregate of which not more than 7,000
hectares shall be within the Shires of Dardanup, Donnybrook/Balingup,
Bridgetown/Greenbushes, Boyup Brook (except those areas having rainfall less
than 700mm per annum), Capel, Busselton, Nannup and Manjimup.
(2) The Joint
Venturers in their operations in Western Australia must comply with and
observe the laws for the time being in force in Western Australia.
UNDERTAKINGS BY THE STATE
5. During the term of this Agreement —
(a) the
State must not expropriate or confiscate from the Joint Venturers timber
standing or felled produced by or on behalf of the Joint Venturers from land
referred to in Recital B(a) and (b) or wood chips made from that timber;
(b) the
State must not impose, nor 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 whatever on or in respect
of the Timber Sharefarming Agreements or the land, leases, or licences
referred to in Recital B(b), or the timber standing or felled produced under
the Timber Sharefarming Agreements or from that land or wood chips made from
that timber;
(c) the
State must not discriminate against the Joint Venturers in processing the
Joint Venturers’ applications made in respect of their activities
relating to the production of timber by or on behalf of the Joint Venturers
under the Timber Sharefarming Agreements or on the land referred to in Recital
B(b), or made in respect of the processing of that timber into wood chips;
(d) the
State must not impose restrictions which prevent the export by the Joint
Venturers of wood chips made from timber which has been produced under the
Timber Sharefarming Agreements or from land referred to in Recital B(b);
(e)
subject to relevant safety considerations the State must not materially
obstruct, nor permit or authorise any of its agencies or instrumentalities or
any local or other authority of the State materially to obstruct, the Joint
Venturers’ timber production operations on land referred to in Recital
B(a) and (b) or the transportation of the timber produced from those
operations or processing for export or transportation of wood chips made from
that timber;
(f) on
request by the Joint Venturers the State must make representations to the
Commonwealth, or to the relevant Commonwealth constituted agency authority or
instrumentality, for the grant to the Joint Venturers of any licence or
consent under the laws of the Commonwealth necessary to enable or to permit
the Joint Venturers to export wood chips made from timber which has been
produced under the Timber Sharefarming Agreements or from land referred to in
Recital B(b); and
(g) the
State must not cause the Executive Director to breach the AI Deed, the Timber
Sharefarming Agreements, or the leases or the licences referred to in Recital
B(b)(ii) and (iii).
VARIATION
6. (1) The parties 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, but any agreement made pursuant to this subclause does not
come into effect except in accordance with subclause (3).
(2) The Minister must
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 will have effect from and after that last day.
TERM OF AGREEMENT
7. This Agreement will expire at such time as the
Joint Venturers cease to have any rights or obligations under any of the
Timber Sharefarming Agreements or under any lease or licence referred to in
Recital B(b)(ii) and (iii), or on 30 June 2030, whichever is earlier.
APPLICABLE LAW
8. This Agreement is to be interpreted according
to the law for the time being in force in the State of Western Australia and
the parties irrevocably submit to the exclusive jurisdiction of the courts of
Western Australia and to courts hearing appeals from those courts.
EXECUTED by the parties.
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SIGNED for and on behalf of the State of Western Australia by THE HONOURABLE
RICHARD COURT M.L.A. , Premier in the presence of: |
) |
RICHARD COURT |
COLIN BARNETT
______________________________
Witness
MINISTER FOR RESOURCES DEVELOPMENT
______________________________
______________________________
Address
______________________________
Occupation
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THE COMMON SEAL of NIPPON PAPER TREEFARM AUSTRALIA PTY LTD was affixed to this
Agreement by authority of the Directors in the presence of: |
) |
|
KAZUHIRO SAKAI KEIJI NISHIHARA
____________________________
_________________________
DIRECTOR
DIRECTOR/SECRETARY
MR KAZUHIRO SAKAI MR KEIJI NISHIHARA
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THE COMMON SEAL of MITSUI PLANTATION DEVELOPMENT (AUSTRALIA) PTY LTD was
affixed to this Agreement by authority of the Directors in the presence of: |
) |
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KOICHI FUKUSHIMA Y. OKAMOTO
__________________________
__________________________
DIRECTOR DIRECTOR
MR KOICHI FUKUSHIMA MR YOZO OKAMOTO
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THE COMMON SEAL of MCA AFFORESTATION PTY LTD was affixed to this Agreement by
authority of the Directors in the presence of: |
) |
C.S. |
T. KOIDE K. ARAKAWA
__________________________
___________________________
DIRECTOR
DIRECTOR
MR. TOMONORI KOIDE MR KENICHIRO ARAKAWA