Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading inserted: SL 2023/192 cl. 4.]
Casino (Burswood Island) Agreement
SIXTEENTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 14 th day of April 2023
BETWEEN:
THE HONOURABLE REECE WHITBY 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
(“ 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;
(m) the Thirteenth Supplementary Agreement made on
16 March 2015;
(n) the Fourteenth Supplementary Agreement made on
6 October 2016; and
(o) the Fifteenth Supplementary Agreement made on
7 May 2019,
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 pursuant to clause 5 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 23 amended
Clause 23 of the State Agreement is amended by adding after subclause (2B) the
following subclause -
“(2C) For the purposes of subclause (2) the
Resort Site shall be taken to remain under the control and management of the
Board even if the Board, with the prior approval of the Minister and the
Trustee, leases the whole or part of that part of the Resort Site as now
comprises Lot 2002 on Deposited Plan 414942.”
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 REECE
)
WHITBY MLA for and on )
behalf of
the State of Western )
Australia in the presence
of: )
[Signature] [Signature]
Signature of witness Signature of THE
HONOURABLE REECE
WHITBY MLA
CHRISTOPHER INGLIS
Name of witness
THE COMMON SEAL of the said )
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 Company
Secretary
Office held
Office held
Alan Frank McGregor Adam Simpson
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 Company
Secretary
Office held
Office held
Alan Frank McGregor Adam Simpson
Name of
authorised person Name of authorised person
[Schedule 17 inserted: SL 2023/192 cl. 4.]