[s. 3]
[Heading inserted: No. 17 of 2008 s. 6.]
Casino (Burswood Island) Agreement
ELEVENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 28 th day of March 2007
B E T W E E N :
THE HONOURABLE LJILJANNA RAVLICH MLC , 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 ( “the State” )
AND
BURSWOOD NOMINEES LTD. (ACN 078 250 307) of Burswood Entertainment Complex,
Great Eastern Highway, Burswood in the State of Western Australia as trustee
of the Burswood Property Trust ( “the Trustee” )
AND
BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) of Burswood
Entertainment Complex, Great Eastern Highway, Burswood in the State of Western
Australia as manager of the Burswood Property Trust ( “the
Manager” ).
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;
(h) the Eighth Supplementary Agreement made on 18
June 2003;
(i) the Ninth Supplementary Agreement made on 23
November 2005; and
(j) the Tenth Supplementary Agreement made on 2
November 2006,
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.
THE PARTIES AGREE AS FOLLOWS:
1. Definitions and Interpretation
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 interpretation apply to this Agreement.
2. Variation and Operation
(a) The State shall introduce and sponsor a Bill
in the Parliament of Western Australia to ratify this Agreement and endeavour
to secure its passage as an Act.
(b) The provisions of this Agreement other than
this clause and clause 1 shall not come into operation until the Bill referred
to in sub-clause (a) has been passed by the Parliament of Western Australia
and comes into operation as an Act.
(c) On the said Bill commencing to operate as an
Act, this Agreement shall operate and take effect according to its terms
notwithstanding the provisions of any Act or law of Western Australia.
3. Tenth Supplementary Agreement Effective
Notwithstanding clause 2, this Agreement shall
only operate and take effect if the Tenth Supplementary Agreement referred to
in Recital A has taken effect in accordance with clause 5 of the State
Agreement.
4. Clause 2 amended
Clause 2 of the State Agreement is amended by:
(a) inserting after the definition of
“Resort Site” the following definition —
“Rivers Management Minister” means the
Minister of the Crown for the time being charged with the administration of
the Swan and Canning Rivers Management Act 2006;”; and
(b) inserting after the definition of “
“State” or “Western Australia” ” the following
definition —
“Swan and Canning Rivers and associated
lands” means the areas detailed in Schedules 1 to 4 of the
Swan and Canning Rivers Management Act 2006;”.
5. Clause 6 amended
Clause 6 of the State Agreement is amended by
deleting from subclause (1)(c) the following words:
“(i) 2 natural persons from time to time
nominated to the Minister by the Local Authority;
(ii) 2 natural persons from time to time nominated
to the Minister by the Manager;
(iii) 2 members from time to time nominated to the
Minister by the Commission;
provided that if at any time the Local Authority,
the Manager or the Commission shall fail to nominate persons for membership of
the Board as and when required by the Minister the State may cause to be
appointed as members of the Board such persons as the State thinks fit;”
and replacing them with the following:
“ (i) 1 natural person from time to time
nominated to the Minister by the Local Authority;
(i) 1 natural person from time to time nominated
to the Minister by the Manager;
(ii) 1 natural person from time to time nominated
to the Minister by the Rivers Management Minister;
(iii) 2 natural persons from time to time
nominated by the Minister, the Minister to nominate one of those persons as
president for the time being of the Board,
provided that if at any time the Local Authority,
the Manager or the Rivers Management Minister shall fail to nominate persons
for membership of the Board as and when required by the Minister, or if the
Minister shall fail to nominate persons for membership of the Board as and
when required, the State may cause to be appointed as members of the Board
such persons as the State thinks fit;”.
6. Clause 23 amended
Clause 23 of the State Agreement is amended as
follows:
(a) by deleting from sub-clause (1)(c) the
following words —
“The Board must apply moneys received under
this paragraph solely for the purpose of performing the functions for which it
was or is constituted and to be expended on or directly in relation to the
Resort Site and the reasonable administration expenses of the Board.”
(b) by inserting immediately after sub-clause
(1)(c) the following sub-clause —
“(1A) The Board
must apply moneys received under clause 23(1)(c) for the following purposes:
(a)
performing the functions for which it was or is constituted;
(b)
expenditure on or directly in relation to the Resort Site;
(c)
expenditure on projects approved by the Rivers Management Minister for the
protection and enhancement of ecological and community benefits and amenity of
the Swan and Canning Rivers and associated lands; and
(d)
expenditure on the reasonable administration expenses of the Board.”
7. Board composition continues
To give effect to the parties’ agreement in
clause 5 of this Agreement, the Board continues in the same form as it existed
prior to the date of this Agreement and each person who was a member of the
Board immediately before the date that this Agreement takes effect continues
in office until the earlier of:
(a) the expiry of that person’s current term
as a member;
(b) that person’s retirement from the Board
as a member; or
(c) the date that person’s appointment as a
member of the Board otherwise ceases for any reason,
at which time that member will be replaced with
the relevant nominee under clause 6(1)(c)(i) or clause 6(1)(c)(ii) of the
State Agreement (as appropriate) or, in the case of a member who had been
nominated by the Commission, by a nominee nominated by the Minister under
clause 6(1)(c)(iv) of the State Agreement. The nominee of the Rivers
Management Minister under clause 6(1)(c)(iii) of the State Agreement will be
appointed when the last member of the existing Board ceases to be a member for
any reason.
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 LJILJANNA
JON NICHOLS |
) ) ) ) ) |
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THE COMMON SEAL of the said BURSWOOD NOMINEES LTD (A.C.N. 078 250 307) was
hereunto affixed by authority of the Board of Directors in the presence of:
Director .....................................
|
) ) ) ) ) |
D.S. J Henwood Secretary .........................................
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THE COMMON SEAL of BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) was
hereunto affixed by authority of the Board of Directors in the presence of:
Director ..............................
|
) ) ) ) ) |
C.S.
Secretary ..........................................
|
[Schedule 12 inserted by No. 17 of 2008 s. 6.]