Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading inserted: Gazette 11 Jul 2017 p. 3835.]
Casino (Burswood Island) Agreement
FOURTEENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made 6 th day of October 2016
BETWEEN:
THE HONOURABLE BRENDON GRYLLS MLA, the Minister of the Crown for the time
being charged with the administration of the Casino Control Act 1984 acting
for and on behalf of the State of Western Australia and its instrumentalities
from time to time (“ the State ”)
AND
BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of 201 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 201 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;
(j) the Tenth Supplementary Agreement made on 2
November 2006;
(k) the Eleventh Supplementary Agreement made on
28 March 2007;
(l) the Twelfth Supplementary Agreement made on 12
May 2011; and
(m) the Thirteenth Supplementary Agreement made on
16 March 2015,
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 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
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 2 amended
Clause 2 of the State Agreement is amended by deleting the definition of
"Cruise Ship" and substituting the following:-
""Cruise Ship" means:
(a) any vessel that:
(i) has a minimum capacity of 100 passenger
berths; and
(ii) is conducting a scheduled deep water cruise;
and
(iii) is transiting through Western Australian
ports from and to locations overseas or interstate; or
(b) any vessel that:
(i) has a minimum capacity of 100 passenger
berths; and
(ii) departs from the Port of Fremantle to conduct
a scheduled deep water cruise; and
(iii) transits through:
(A) the Port of Bunbury or any other Western
Australian port south of Bunbury; or
(B) the Port of Geraldton or any other Western
Australian port north of Geraldton; and
(iv) is scheduled to remain in the Western
Australian port referred to in subclause (iii)(A) or (B) for at least six
hours before the remainder of the deep water cruise."
4 Clause 22 amended
Clause 22 of the State Agreement is amended by deleting subclause (4)(c) and
substituting the following:-
"(c) in a Cruise Ship in respect of which the
conduct of gaming, which must only operate as an ancillary service on the
Cruise Ship, is permitted outside a distance of 12 nautical miles from a
land-based destination where the Cruise Ship intends to berth and/or anchor:
(i) under regulation 8A of the
Gaming and Wagering Commission Regulations 1988 ; or
(ii) by a permit issued by the Commission under
the Gaming and Wagering Commission Act 1987 and with the consent of the
Trustee".
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 BRENDON
)
GRYLLS MLA for and on )
behalf of
the State of Western )
Australia in the presence
of: )
[Signature] [Signature]
.....................................................
..................................................
Signature of witness
Signature of THE
HONOURABLE BRENDON GRYLLS MLA
KAY LYNETTE HAMMER
.....................................................
Name
of Witness
THE COMMON SEAL of )
BURSWOOD NOMINEES
)
LIMITED (ACN 078 250 307) )
was hereunto affixed by )
authority of the Board
of )
Directors in the presence of:
)
[Signature] [Signature]
.....................................................
...................................................
Signature of
authorised person Signature of authorised person
Director Secretary
.....................................................
...................................................
Office held
Office held
BARRY JOHN FELSTEAD JOSHUA ROBERT PRESTON
.....................................................
...................................................
Name of authorised
person Name of authorised person
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: )
[Signature] [Signature]
.....................................................
...................................................
Signature of
authorised person Signature of authorised person
Director Secretary
.....................................................
...................................................
Office held
Office held
BARRY JOHN FELSTEAD JOSHUA ROBERT PRESTON
.....................................................
...................................................
Name of authorised
person Name of authorised person
[Schedule 15 inserted: Gazette 11 Jul 2017 p.
3835-8.]