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DAMPIER SOLAR SALT INDUSTRY AGREEMENT ACT 1967 - SECOND SCHEDULE

— Variation agreement

[s. 2]

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

AN AGREEMENT made the 18th day of October 1974

BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E., M.L.A., Premier of the State of Western Australia acting for and on behalf of the said State and instrumentalities thereof from time to time (hereinafter referred to as “the State”) of the one part AND DAMPIER SALT LIMITED a company incorporated under the provisions of the statutes of Western Australia and having its registered office in the State of Western Australia at Perth (hereinafter called “the Company”) of the other part.

WHEREAS:

            (a)         The parties are the parties to the agreement between them defined in section 2 of the Dampier Solar Salt Industry Agreement Act 1967 (which agreement in the form printed in that Act is hereinafter referred to as “the principal agreement”).

            (b)         The parties desire to add to and amend the principal agreement as hereinafter provided.

NOW THIS AGREEMENT WITNESSETH —

1.         Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purposes of the principal agreement.

2.         The provisions of this agreement shall not come into operation unless and until a Bill to approve and ratify this Agreement is passed by the Legislature of the said State and comes into operation as an Act.

3.         The principal agreement is hereby amended as follows —

        (1)         Clause 3 is amended —

            (a)         as to subclause (1) by substituting for the passage

        “Plan initialled on behalf of the parties hereto for the purpose of identification and comprising approximately 28,600 acres” in lines four five and six, the passage “Plan marked “A” initialled on behalf of the parties hereto for the purpose of identification and comprising approximately 36,362 acres”;

            (b)         as to subclause (2) by substituting for the word “Plan” in line six, the passage “Plan marked “A” ”;

                and

            (c)         as to subclause (3) by substituting for the word “plan” in line four, the passage “Plan marked “A” ”;

        (2)         Clause 27 is amended by adding after the word “shall” in line twenty three, the words “promptly give notice to the other party of the event or events and shall”;

                and

        (3)         by adding after Clause 30 a new clause 30A as follows —

Environmental Protection 3

        30A.         Nothing in this Agreement shall be construed to exempt the Company from compliance with any requirement in connection with the protection of the environment arising out of or incidental to the operations of the Company hereunder that may be made by the State or any State agency or instrumentality or any local or other authority or statutory body of the State pursuant to any Act for the time being in force.

IN WITNESS whereof this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.


SIGNED by THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E., M.L.A., in the presence of —



CHARLES COURT

ANDREW MENSAROS,
Minister for Industrial Development




The Common Seal of DAMPIER SALT LIMITED was hereunto affixed by authority of the Directors in the presence of —



(C.S.)

I. BORRIE,
Director.

N. R. CAFFIN,
Secretary.



        [Second Schedule inserted: No. 50 of 1974 s. 5.]



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