Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading amended: No. 19 of 2010 s. 4.]
Casino (Burswood Island) Agreement
NINTH SUPPLEMENTARY AGREEMENT
Dated 23 November 2005
The Honourable Mark McGowan MLA (“ the State ”)
Burwood Nominees
Ltd (“ the Trustee ”)
Burswood Resort (Management) Limited
(“ the Manager ”)
[Solicitors’ details]
Contents
Details 1
General Terms 3
1 Definitions and Interpretations
3
2 Variation and Operation
3
3 Clause 3 amended 3
4 New Clause 21A inserted
3
5 Repeal of Order 3
Signing page 4
Details
Interpretation
|
Parties |
State, Trustee and Manager | |
|
State |
Name Address |
THE HONOURABLE MARK MCGOWAN MLA , the Minister of the Crown for the time being
charged with the administration of the Control Act acting for and on behalf of
the State of Western Australia and its instrumentalities from time to time. Level 20, 197 St Georges Tce, Perth, Western Australia |
|
Trustee |
Name |
Burswood Nominees Ltd as Trustee of the Burswood Property Trust |
| |
ACN |
078 250 307 |
| |
Incorporated in |
Commonwealth of Australia |
| |
Address |
Burswood Entertainment Complex |
|
Manager |
Name |
Burswood Resort (Management) Limited as Manager of the Burswood Property Trust
|
|
ACN |
009 396 945 | |
| |
Incorporated in |
Commonwealth of Australia |
| |
Address |
Burswood Entertainment Complex |
|
Recitals |
A |
The State, the Trustee (by virtue of the West Australian Trustees Limited
(Merger) Act 1989 ) and the Manager (by virtue of a deed of retirement and
appointment of manager made on 13 August 1990 and a deed of assumption and
covenant made on 13 November 1991) are parties to an agreement dated 20
February 1985 ratified by and scheduled to the
Casino (Burswood Island) Agreement Act 1985 as amended by: (a) the Supplementary Agreement made on 14
September 1987; (b) the Second Supplementary Agreement made on 3
May 1990; (c) the Third Supplementary Agreement made on 13
November 1991; (d) the Fourth Supplementary Agreement made on 30
March 1992; |
| | |
(e) the Fifth Supplementary Agreement made on 3
April 1995; (f) the Sixth Supplementary Agreement made on 22
June 1996; (g) the Seventh Supplementary Agreement made on 9
June 1997; and (h) the Eighth Supplementary Agreement made on 18
June 2003, which Agreement as so amended is referred to in this Agreement as “the
State Agreement” . |
| |
B |
The parties have agreed to further amend the State Agreement for the purpose
of more efficiently or satisfactorily implementing or facilitating certain of
its objectives. |
|
Governing law |
Western Australia | |
|
Date of Agreement |
See Cover page | |
General Terms
1. Definitions and Interpretations
Words and expressions defined in the State
Agreement when used in this Agreement have, unless the context otherwise
requires, the same meanings as in the State Agreement and the provisions of
clause 2 of the State Agreement as to the interpretation apply to this
Agreement.
2. Variation and Operation
Pursuant to and subject to clause 5 of the State
Agreement the parties agree to amend the State Agreement in the manner set out
in this Agreement.
3. Clause 3 amended
Clause 2 of the State Agreement is amended by
inserting after the definition of “Option” the following
definition —
“ “ Order ” means the Casino Control (Burswood Island Casino
Complex) Order 1987.”
4. New Clause 21A inserted
The State Agreement is amended by inserting after
clause 21 the following clause:
“Reinstatement of Hotel and Tennis Court land as part of Casino Complex.
21A Upon repeal of the Order, all parts of the
Casino Complex that were an excluded part under the Order and ceased to be
part of the Casino Complex by virtue of the Order, shall become part of the
Casino Complex for the purposes of this Agreement being then Portion of Swan
location 10662 being Lot 1 on Plan 16029 and being the whole of the land then
comprised in Certificate of Title Volume 1778 Folio 610 and the Hotel
established hereon.”
5. Repeal of order
The State shall repeal the Order.
Signing page
AS WITNESS the execution of this Agreement by or on behalf of the parties the
day and year first hereinbefore written.
|
SIGNED by THE HONOURABLE MARK MCGOWAN MLA for and on behalf of the State of Western Australia in the presence of:
............................................ Signature of witness ..................................,......... Name of witness (block letters) |
) ) ) ) ) |
Mark McGowan ........................................... Signature of THE HONOURABLE MARK MCGOWAN MLA |
|
THE COMMON SEAL of BURSWOOD NOMINEES LIMITED (ACN 078 250 307) is duly affixed
by authority of its directors in the presence of:
.......................................... Signature of authorised person Director ........................................... Office held DAVID GRAEME COURTNEY .......................................... Name of authorised person (block letters) |
) |
D.S. J Henwood ........................................ Signature of authorised person Secretary ......................................... Office held JUSTINE LISA HENWOOD ......................................... Name of authorised person (block letters) |
|
THE COMMON SEAL of BURSWOOD RESORT (MANAGEMENT) LTD (ACN 009 396 945) is duly
affixed by authority of its directors in the presence of: David Courtney .......................................... Signature of authorised person Director .......................................... Office held DAVID GRAEME COURTNEY .......................................... Name of authorised person (block letters) |
) ) ) ) ) |
C.S. J Henwood .......................................... Signature of authorised person Secretary .......................................... Office held JUSTINE LISA HENWOOD .......................................... Name of authorised person (block letters) |
[Schedule 10 inserted: Gazette 4 Jul 2006 p.
2467-71.]