Western Australian Current Acts Western Australian Current Acts[s. 3A]
[Heading amended: No. 19 of 2010 s. 4.]
CASINO (BURSWOOD ISLAND) AGREEMENT
FIFTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 3rd day of April 1995
B E T W E E N :
THE HONOURABLE GEORGE MAXWELL EVANS MBE, FCA, 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”);
PERPETUAL TRUSTEES WA. LTD. (ACN 008 666 886) of 89 St. George’s Terrace
Perth 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 40 The Esplanade
Perth in the State of Western Australia as manager of the Burswood Property
Trust (“the Manager”) of the third part.
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 two agreements
dated 14 September 1987 and 3 May 1990 also ratified by and scheduled to the
Casino (Burswood Island) Agreement Act 1985 and by two other agreements made
pursuant to clause 5 of the 20 February 1985 Agreement dated 13 November 1991
and 30 March 1992 (the 20 February 1985 Agreement as so amended “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 certain of its objectives.
THE PARTIES AGREE AS FOLLOWS:
1. 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. (1) This Agreement,
if not disallowed pursuant to clause 5 of the State Agreement, has effect from
the date on which in accordance with that clause it has effect.
(2) As between the
parties a certificate signed by the Minister as to the date from which this
Agreement has effect shall be conclusive.
3. Clause 2 of the State Agreement is amended by
deleting the definition “Resort Site” and substituting the
following -
“ “Resort Site” means those
parts of Burswood Island as are -
(a)
shown bordered red on Department of Land Administration Miscellaneous Plan
1512; and
(b)
designated as Swan Location l2057 on Department of Land Administration Plan
18634
but does not include the Site or any land which
ceases to be part of the Site by virtue of an order made under section 21F(lb)
of the Control Act;”
AS WITNESS the execution of this Agreement by or on behalf of the parties the
day and year first hereinbefore written.
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SIGNED by THE HONOURABLE GEORGE MAXWELL EVANS MBE, FCA, MLC for and on behalf
of the State of Western Australia in the presence of: B A Sargeant |
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THE COMMON SEAL of the said PERPETUAL TRUSTEES WA LTD A.C.N. 008 666 886 was
hereunto affixed in accordance with its articles of association. Director I B Anderson Secretary L M McKinley |
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THE COMMON SEAL of BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 9450 was
hereunto affixed by authority of the Board of Directors in the presence of- Director P G Evans Secretary Yew Seng Kaw |
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[Schedule 7 inserted: Gazette 8 May 1998 p.
2393-4.]