Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT is made this 20th day of May 1992
B E T W E E N :
THE HONOURABLE CARMEN MARY LAWRENCE , B.Psych., Ph.D., M.L.A., 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 first part
HAMERSLEY IRON PTY. LIMITED A.C.N. 004 558 276 a company incorporated in
Victoria and having its principal office in the State of Western Australia at
13th Floor, 191 St. George’s Terrace, Perth and HAMERSLEY RESOURCES
LIMITED A.C.N. 004 887 656 a company incorporated in Victoria and having its
principal office in the State of Western Australia at 13th Floor, 191 St.
George’s Terrace, Perth (hereinafter called “the Joint
Venturers” in which term shall be included the Joint Venturers and each
of them and their and each of their respective successors and assigns) of the
second part
AND
AUSTRALIAN MINING & SMELTING LIMITED A.C.N. 004 896 726 a company
incorporated in Victoria and having its registered office at 31st Floor, 55
Collins Street, Melbourne (hereinafter called “the Guarantor”) of
the third part.
WHEREAS :
(a) THE HONOURABLE JOHN TREZISE TONKIN, M.L.A .,
Premier of the State of Western Australia, acting for an on behalf of the said
State and Instrumentalities thereof of the one part entered into an agreement
dated the 10th day of March, 1972 with HANCOCK PROSPECTING PTY. LTD. and
WRIGHT PROSPECTING PTY. LTD. of the other part (which agreement was ratified
by and is scheduled to the Iron Ore (Wittenoom) Agreement Act 1972 and is
hereinafter referred to as “the 1972 Agreement”);
(b) by Deed of Assignment dated the 5th day of
November, 1973 pursuant to the 1972 Agreement HANCOCK PROSPECTING PTY. LTD.
and WRIGHT PROSPECTING PTY. LTD. assigned a 50% share in their right title and
interest in and to the 1972 Agreement to MARANDOO MINING CO. LTD. , a company
incorporated in the State of Delaware in the United States of America and
registered in the State of Western Australia as a foreign company under the
provisions of the Companies Act 1961 ;
(c) MARANDOO MINING CO. LTD. changed its name to
TEXASGULF MARANDOO LTD. on the 20th day of December, 1974;
(d) HANCOCK PROSPECTING PTY. LTD. changed its name
to HANCOCK PROSPECTING LIMITED on the 8th day of April, 1976;
(e) by Deed of Assignment dated the 29th day of
December, 1976 pursuant to the 1972 Agreement TEXASGULF MARANDOO LTD. assigned
all its right title and interest in and to the 1972 Agreement to TEXASGULF
AUSTRALIA LTD. ;
(f) HANCOCK PROSPECTING LIMITED changed its name
to HANCOCK PROSPECTING PTY. LIMITED on the 8th day of June, 1977;
(g) the 1972 Agreement was in accordance with its
provisions varied by agreement dated the 13th day of November, 1979 (which
agreement is hereinafter included in the expression “the 1972
Agreement”);
(h) by Deed of Assignment dated the 27th day of
February, 1981 TEXASGULF AUSTRALIA LTD. assigned all its right title and
interest, inter alia, in and to the 1972 Agreement to NEW BROKEN HILL
CONSOLIDATED LIMITED ;
(i) by Deed of Covenant dated the 26th day of
February, 1981 the Guarantor agreed with the State to guarantee the
performance by NEW BROKEN HILL CONSOLIDATED LIMITED of its obligations under
the 1972 Agreement;
(j) the 1972 Agreement was in accordance with its
provisions further varied by agreement dated the 15th day of September, 1982
and as so varied is hereinafter called “the Principal Agreement”;
(k) NEW BROKEN HILL CONSOLIDATED LIMITED changed
its name to A M & S MINING LIMITED on the 27th day of November, 1986;
(l) by an agreement dated the 18th day of October,
1990 and made between Hancock Prospecting Pty. Limited, Wright Prospecting
Pty. Ltd., Hamersley Iron Pty. Limited, A M & S Mining Limited, Pilbara
Port Railroad and Resource Company Limited and The Hancock Memorial Foundation
Limited, Hancock Prospecting Pty. Limited and Wright Prospecting Pty. Ltd.
assigned all their right title and interest in and to the Principal Agreement
to Hamersley Iron Pty. Limited effective as from and including the 28th
February, 1991;
(m) A M & S MINING LIMITED changed its name to
HAMERSLEY RESOURCES LIMITED on the 26th day of February, 1992; and
(n) the parties wish to vary the Principal
Agreement.
NOW THIS DEED WITNESSETH —
1. Subject to the context the words and
expressions used in this Agreement have the same meanings 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.
3. The subsequent clauses of this Agreement shall
not operate unless and until —
(a) the
Bill to ratify this Agreement as referred to in clause 2 hereof is passed as
an Act before the 31st day of December, 1992 or such later date if any as the
parties hereto may mutually agree upon; and
(b) a
Bill to ratify an agreement of even date herewith between the State of the one
part and Hamersley Iron Pty. Limited of the other part is passed as an Act
before the 31st day of December, 1992 or such later date if any as the parties
hereto may mutually agree upon.
If the said Bills are not passed before that date
or later date or dates (as the case may be) this Agreement will then cease and
determine and none of the parties hereto will have any claim against any 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.
4. The Principal Agreement is hereby varied as
follows:
(1) Clause 1 —
(a) by
substituting for the plan marked “X” referred to in clause 1 of
the Principal Agreement, the plan marked “Y” initialled by or on
behalf of the parties hereto for the purposes of identification;
(b) in
the definition of “export date”, by deleting “export ore
hereunder” in paragraph (b) and substituting the following —
“transport ore
from the mineral lease”;
(c) by
substituting for the definition of “mining areas” the following
definition —
“ “mining
areas” means the areas delineated and coloured red on the plan marked
“Y”;”.
(2) By deleting
sub-clause (1A) of clause 2.
(3) Clause 2(1B)
—
by deleting “and
under sub-clause (1A)”.
(4) Clause 8 —
(a)
subclause (1) paragraph (a) —
by deleting “one
hundred (100)” and substituting the following —
“thirty-five
(35)”;
(b)
subclause (2) paragraph (a) —
by deleting
“Governor” and substituting the following —
“Minister”.
(5) Clause 12
paragraph (b) —
by deleting “
Arbitration Act 1895 ” and substituting the following —
“
Commercial Arbitration Act 1985 (and notwithstanding section 20(1) of that Act
a party may be represented before the arbitrator by a duly qualified legal
practitioner or other representative)”.
(6) By deleting clause
18.
(7) Clause 39 —
by deleting “
Arbitration Act 1895 ” and substituting the following —
“
Commercial Arbitration Act 1985 (and notwithstanding section 20(1) of that Act
a party may be represented before the arbitrators by a duly qualified legal
practitioner or other representative)”.
4. The Guarantor consents to this Agreement.
IN WITNESS WHEREOF these presents have been executed the day and year first
hereinbefore written.
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SIGNED by the said |
) |
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I. TAYLOR,
MINISTER FOR STATE DEVELOPMENT
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THE COMMON SEAL of HAMERSLEY IRON PTY. LIMITED was hereunto affixed by
authority of the Directors in the presence of: |
) | |
I. J. WILLIAMS, Director
G. B. BABON, Secretary
|
THE COMMON SEAL of HAMERSLEY RESOURCES LIMITED was hereunto affixed by
authority of the Directors in the presence of: |
) | |
I. J. WILLIAMS, Director
G. B. BABON, Secretary
|
SIGNED for and on behalf of AUSTRALIAN MINING & SMELTING LIMITED by its
duly appointed attorney Ian James Williams under Power of Attorney dated 6 May
1992 in the presence of: |
) | |
I. J. WILLIAMS, Director
V. M. PETHRICK, Secretary
[Schedule 2 inserted: No. 41 of 1992 s. 7.]