Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
AN AGREEMENT made the 15th day of November, One thousand nine hundred and
seventy two BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., THE PREMIER
AND TREASURER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of
the said State and its instrumentalities (the State of Western Australia and
its instrumentalities being hereinafter referred to as “the
State”) of the one part and Texada Mines Pty. Limited a company
incorporated under the Companies Act 1961 of the State of Western Australia
and having its registered office at 266 Hay Street Subiaco in the State of
Western Australia (hereinafter referred to as “the Company”) of
the other part.
WHEREAS:
(a) The
parties to this Agreement are the parties to the agreement between them as
defined in Section 2 of the Evaporites (Lake MacLeod) Agreement Act 1967
(which agreement is hereinafter referred to as “the principal
Agreement”)
(b) The
parties desire to vary the provisions of the principal Agreement.
NOW THIS AGREEMENT WITNESSETH:
1. In this Agreement, subject to the context words
and phrases to which meanings are given under clause 1 of the principal
Agreement (other than words and phrases to which meanings are given in this
Agreement) shall have the same respective meanings in this Agreement as are
given to them in clause 1 of the principal Agreement.
2. (1) The provisions
of this Agreement other than clause 3 and clause 4(4) shall not come into
operation until the Bill referred to in clause 3 has been passed by the
Parliament of Western Australia and comes into operation as an Act.
(2) If the said Bill
is not passed this Agreement shall then cease and determine and neither of the
parties hereto shall have any claim against the other of them 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
commencing to operate as an Act all the provisions of this Agreement shall
operate and take effect notwithstanding the provisions of any Act or law.
3. The State shall introduce and sponsor a Bill in
the Parliament of Western Australia to ratify this Agreement and endeavour to
secure its passage an Act prior to the 31st day of December, 1973.
4. The principal Agreement is hereby varied as
follows:
(1) by adding after
clause 6 a new clause 6A as follows —
Additional proposals 4
6A.
Should the company at any time during the first ten years next
following the commencement date desire to substantially modify expand or
otherwise substantially vary its activities to produce products other than
those specified in any approved proposals hereunder the Company shall give
notice of such desire to the Minister and thereupon or within such time
thereafter as the Minister shall fix shall submit to the Minister for approval
detailed proposals to the fullest extent reasonably practicable in respect of
all matters covered by such notice and such of the other matters mentioned in
subclause (1) of clause 5 as the minister may reasonably require. The
provisions of clauses 5 and 6 shall mutatis mutandis apply to detailed
proposals submitted pursuant to this subclause. ;
(2) by deleting the
word “and” in the last line of paragraph (g) of clause 9(2);
(3) by substituting
for the passage “prevailing.” in the last line of paragraph (h) of
clause 9(2) the passage “prevailing;”;
(4) by inserting after
paragraph (h) of clause 9(2) the following new paragraphs —
Utilisation of brines and evaporites 4
(i)
in respect of potash produced pursuant to this Agreement,
ensure that the potassium content of the brine and evaporites produced in on
or under the land the subject of the mineral lease is, as far as is
practicable, fully utilised in the production of potash and/or other
evaporites in accordance with its approved proposals;
Reports 4
(j)
furnish to the Minister quarterly such reports as the Minister may reasonably
require concerning the mining and utilisation of the brines in connection with
the Company’s operations hereunder; and
Limitation of salt exports 4
(k)
limit its sales of common salt for delivery to Japan to 1,750,000 tons during
each of the years ending 31st March, 1973, 1974 and 1975.
(5) by substituting
for the passage “(8)(7)(a)” in line four of clause 10 (aa) the
passage “8(7)(a)”; and
(6) by adding to
clause 17 of the principal Agreement after the word “shall” in
line twenty the words “promptly give notice to the other party of the
event or events and shall”.
IN WITNESS WHEREOF this Agreement has been executed the day and year first
hereinbefore written.
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SIGNED by the said THE HONOURABLE JOHN TREZISE TONKIN, M.L.A. in the presence
of — H. E. GRAHAM, |
JOHN T. TONKIN. |
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THE COMMON SEAL OF TEXADA MINES PTY. LIMITED was hereunto affixed by the
authority of the Directors and this instrument signed and countersigned by
— |
[C.S.] |
Director ALLEN D.
CHRISTENSEN.
Secretary RONALD F.
SULLIVAN.
[Second Schedule inserted: No. 29 of 1973 s. 5.]