DIAMOND (ARGYLE DIAMOND MINES JOINT VENTURE) AGREEMENT ACT 1981

Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DIAMOND (ARGYLE DIAMOND MINES JOINT VENTURE) AGREEMENT ACT 1981 - SCHEDULE 4

[s. 2]

[Heading amended: No. 19 of 2010 s. 4.]

THIS AGREEMENT is made the 15th day of October 2001

BETWEEN

THE HONOURABLE GEOFFREY IAN GALLOP BEc, MA, MPhi1, DPhi1, MLA, Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State” ) of the one part

AND

CAPRICORN DIAMONDS LIMITED ACN 009 102 621, ASHTON ARGYLE HOLDINGS PTY LIMITED ACN 083 175 991 and AML NOMINEES LIMITED ACN 006 378 329 each of 2 Kings Park Road, West Perth, Western Australia (hereinafter called “the Joint Venturers” ) of the other part

WHEREAS:

(a) the State and the Joint Venturers are now the parties to the agreement ratified by the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 which agreement has been varied by the agreement ratified by the Diamond (Ashton Joint Venture) Agreement Amendment Act 1983 and which (as so varied) is hereinafter called “the Principal Agreement” ;

(b) pursuant to Clause 18 of the Principal Agreement Mining Lease No. 275SA (hereinafter called “the Ellendale Mining Lease” ) has been granted in respect of the area defined in the Principal Agreement as the Ellendale mining area; and

(c) the Joint Venturers desire to sell the Ellendale Mining Lease and for such purpose the parties hereto desire to further vary the Principal Agreement and the Ellendale Mining Lease as provided herein.

NOW THIS AGREEMENT WITNESSES —

1. Subject to the context words and phrases used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

2. 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 prior to 30 June 2002 or such later date as the parties hereto may agree.

3. (1) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not commence to operate until the Bill referred to in Clause 2 has been passed by the Parliament of Western Australia and comes into operation as an Act.

(2) If before 30 June 2002 or such later date as may be agreed pursuant to Clause 2 the said Bill has not come into operation as an Act then unless the parties hereto otherwise agree this Agreement shall cease and determine and no party hereto shall have any claim against any other party hereto with respect to any matter or thing arising out of done performed or omitted to be done or performed under this Agreement.

(3) On the said Bill coming into operation as an Act all provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4. In clauses 5 and 6 of this Agreement, “Sale Date” means the date on which the Ellendale Mining Lease is transferred by the Joint Venturers to —

(a) Kimberley Diamond Company NL (ACN 061 899 634) pursuant to the Asset Sale Agreement dated 5 September 2001 and made between Argyle Diamond Mines Pty Limited (ACN 008 912 418) as manager for the Argyle Diamond Mines Joint Venture, the Joint Venturers and the said Kimberley Diamond Company NL;

(b) any other party that the Minister responsible for the administration of the Principal Agreement shall consent to.

5. Subject to Clause 6 of this Agreement, the Principal Agreement and the Ellendale Mining Lease are respectively varied with effect on and from the Sale Date as follows —

(A) The Principal Agreement:

(1) Clause 1 —

(a) by deleting the definition of “Ellendale mining area”;

(b) in the definition of “mining leases” —

(i) by amending the definition to be a definition of “mining lease”;

(ii) by deleting “or mining leases”; and

(iii) by deleting “Clauses 15 and 18” and substituting the following —

“Clause 15”;

“lease”;

(d) in the definition of “relevant town” —

(i) by deleting “and the Ellendale mining area respectively”; and

(ii) by deleting “in either case”.

(2) by deleting Clause 9.

(3) by deleting Clause 18.

(4) by deleting Clause 19.

(5) Clause 20 —

by deleting “or the Ellendale mining area”.

(6) Clause 21 —

(i) by deleting subclause (2);

(ii) in subclause (3), by deleting “subclauses (1) and (2)” and substituting the following —

“subclause (1)”.

(7) by deleting Clause 23.

(8) Clause 24A —

(i) by deleting “and the Ellendale mining area respectively”; and

(ii) by deleting “relevant” in both cases where it occurs in paragraph (a).

(9) Clause 32 —