Western Australian Current Acts Western Australian Current Acts[s. 22]
2011
THE STATE OF WESTERN AUSTRALIA
and
BHP BILLITON DIRECT REDUCED IRON PTY. LTD.
ACN 058 025 960
and
BHP BILLITON MINERALS PTY. LTD.
ACN 008 694 782
MITSUI IRON ORE CORPORATION PTY. LTD.
ACN 050 157 456
ITOCHU MINERALS & ENERGY OF AUSTRALIA PTY. LTD.
ACN 009 256 259
________________________________________________________________
IRON ORE BENEFICIATION (BHP) AGREEMENT 1996
TERMINATION AGREEMENT
________________________________________________________________
[Solicitor's details]
THIS AGREEMENT is made this 7th day of November 2011
BETWEEN
THE HONOURABLE COLIN JAMES BARNETT , MEc., 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,
BHP BILLITON DIRECT REDUCED IRON PTY. LTD . ACN 058 025 960 of Level 17, St
Georges Square, 225 St Georges Terrace, Perth, Western Australia (hereinafter
called “ the Company ” in which term shall be included its
successors and permitted assigns) of the second part,
BHP BILLITON MINERALS PTY. LTD. ACN 008 694 782 of Level 17, St Georges
Square, 225 St Georges Terrace, Perth, Western Australia, MITSUI IRON ORE
CORPORATION PTY. LTD. ACN 050 157 456 of Level 16, Exchange Plaza, 2 The
Esplanade, Perth, Western Australia and ITOCHU MINERALS & ENERGY OF
AUSTRALIA PTY. LTD. ACN 009 256 259 of Level 22, Forrest Centre, 221 St
Georges Terrace, Perth, Western Australia (hereinafter called " Joint
Venturers" in which term shall be included their successors and permitted
assigns) of the third part.
WHEREAS:
A. The State and the Company are the parties to
the agreement dated 16 October 1995, which agreement was ratified by the
Iron Ore Beneficiation (BHP) Agreement Act 1996 (WA), as varied by an
agreement dated 11 April 2000 which was ratified by the Acts Amendment (Iron
Ore Agreements) Act 2000 . The first mentioned agreement as so varied is
referred to in this Agreement as " the Beneficiation Agreement ".
B. The State and the Joint Venturers are now the
parties to the agreement dated 15 October 1964 approved by and scheduled to
the Iron Ore (Mount Goldsworthy) Agreement Act 1964 and which as subsequently
added to, varied or amended is referred to in this Agreement as the " Mount
Goldsworthy Agreement ".
C. The State and the Company wish to terminate the
Beneficiation Agreement in the manner and on the terms set out in this
Agreement, including the transfer to the Joint Venturers of rights in respect
of certain land relating to the Beneficiation Agreement on the terms set out
in this Agreement.
NOW THIS AGREEMENT WITNESSES:
1. Definitions
In this Agreement subject to the context:
" Beneficiation Agreement Minister " means the Minister in the Government of
the State for the time being responsible for the administration of the
Beneficiation Agreement;
" Boodarie GPLs " means the general purpose leases granted under the Mining
Act and held by the Company as at the date of this Agreement as described in
schedule A and "Boodarie GPL" means as the context requires any or a
particular one of them and includes any tenement or title which is a renewal,
replacement or successor of or which is granted in lieu of or in substitution
for, any of them;
" EP Act " means the Environmental Protection Act 1986 (WA);
" Goldsworthy-Nimingarra Agreement " means the agreement ratified by and
scheduled to the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 (WA),
as from time to time added to, varied or amended;
" Land Administration Act " means the Land Administration Act 1997 (WA);
" laws relating to native title " means laws applicable from time to time in
Western Australia in respect of native title and includes the Native Title
Act 1993 (Commonwealth);
" Mining Act " means the Mining Act 1978 (WA);
" Minister " means the Minister in the Government of the State for the time
being responsible for the administration of the Act to ratify this Agreement
and pending the passing of that Act means the Minister for the time being
designated in a notice from the State to the Company and includes the
successors in office of the Minister;
" Minister for Mines " means the Minister in the Government of the State for
the time being responsible for the administration of the Mining Act ;
" Minister for Environment " means the Minister in the Government of the State
for the time being responsible for the administration of the EP Act;
" Ministerial Statement " means the Statement That a Proposal May be
Implemented (Pursuant to the Provisions of the Environmental Protection Act
1986 ) number 393 entitled "Hot Briquetted Iron Project, Port Hedland (899)
BHP Direct Reduced Iron Pty Ltd" and issued by the then Minister for
Environment on 4 September 1995;
" Mount Goldsworthy Agreement Minister " means the Minister in the Government
of the State for the time being responsible for the administration of the
Mount Goldsworthy Agreement;
" Operative Date " has the meaning given in clause 3(4);
" PEP Agreement " means the agreement ratified by the Pilbara Energy Project
Agreement Act 1994 (WA), as from time to time added to, varied or amended;
" PEP Joint Venturers " means the Joint Venturers as defined in the PEP
Agreement;
" Port Authorities Act " means the Port Authorities Act 1999 (WA);
" Port Authority " means the Port Hedland Port Authority established by the
Port Authorities Act;
" Surrender GPLs " means the general purpose leases granted under the
Mining Act and held by the Company as at the date of this Agreement as
described in Schedule B; and
" this Agreement ", " hereof " and " hereunder " refer to this Agreement,
whether in its original form or as from time to time added to, varied or
amended;
" Utah Jild lease " means registered lease K693814L of the land the subject of
Deposited Plan 59462 being portion of Lot 370 on Deposited Plan 35619, part of
the land in Crown Land Title Volume LR3118 Folio 753 granted to the Company by
the Port Authority under the Port Authorities Act and pursuant to the
Beneficiation Agreement; and
" Water Agreement " means the Water Supply Agreement dated 8 February 2000
between the Water Corporation and BHP Iron Ore Pty Ltd.
2. Interpretation
(1) In this Agreement:
(a)
clause headings do not affect interpretation or construction;
(b)
words in the singular shall include the plural and words in the plural shall
include the singular according to the requirements of the context;
(c) one
gender includes the other genders;
(d) a
covenant or agreement by more than one person binds, and is enforceable
against, those persons jointly and each of them severally;
(e)
reference to an Act includes the amendments to that Act for the time being in
force and also any Act passed in substitution therefor or in lieu thereof and
the regulations for the time being in force thereunder;
(f)
reference in this Agreement to any other document includes that document as
from time to time added to, varied or amended and notwithstanding any change
in the identity of the parties;
(g)
reference to a clause or schedule is a reference to a clause or schedule to
this Agreement, and a reference to a subclause or paragraph is a reference to
the subclause of the clause or paragraph of the clause or subclause as the
case may be in, or in relation to, which the reference is made; and
(h)
"including" means "including, but not limited to".
(2) Nothing in this
Agreement shall be construed to exempt the State or the Company from
compliance with or to require the State or the Company to do anything contrary
to any law relating to native title or any lawful obligation or requirement
imposed on the State or the Company as the case may be pursuant to any law
relating to native title. The provisions of this Agreement shall not operate
so as to require the State or the Port Authority to grant or vary, or cause to
be granted or varied, any lease licence or other right or title until all
processes necessary under any laws relating to native title to enable that
grant or variation to proceed, have been completed.
(3) 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 its activities under this Agreement that may be made by or
under the EP Act.
3. Ratification and operation
(1) The State shall
introduce and sponsor a Bill in the State Parliament of Western Australia
prior to 31 December 2011 or such later date as may be agreed between the
parties hereto to ratify this Agreement. The State shall endeavour to secure
the timely passage of such Bill as an Act.
(2) The provisions of
this Agreement other than this clause and clauses 1 and 2 will not come into
operation until the day after the day on which the Bill referred to in
subclause (1) has been passed by the State Parliament of Western Australia and
commences to operate as an Act.
(3) If by 30 June 2012
the said Bill has not commenced to operate as an Act then, unless the parties
hereto otherwise agree, this Agreement will then cease and determine and no
party hereto will 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.
(4) On the day after
the day on which the said Bill commences to operate as an Act (" Operative
Date ") all the provisions of this Agreement will operate and take effect
despite any enactment or other law.
4. Termination of Agreement
(1) Subject to
subclause (2), the Beneficiation Agreement is hereby terminated with effect on
and from the Operative Date and, except as otherwise provided in this
Agreement, neither the State nor the Company shall have any claim against the
other with respect to any matter or thing in or arising out of the
Beneficiation Agreement.
(2) Notwithstanding
subclause (1), the Company shall remain liable for any antecedent breach or
default under the Beneficiation Agreement and in respect of any indemnity
given under the Beneficiation Agreement.
(3) (a)
On and from the Operative Date:
(i)
for the avoidance of doubt, the holder of the Boodarie
GPLs and the Surrender GPLs shall cease to have the benefit of any rights and
privileges conferred by the Beneficiation Agreement; and
(ii)
each of the Boodarie GPLs is varied by deleting the
following condition which it contains:
"The construction and operation of the project and measures to protect the
environment being carried out generally in accordance with detailed proposals
submitted and approved under Clauses 6 and 7 of the Iron Ore Processing (BHP
Minerals) Agreement Act 1994 ".
(b) The
Joint Venturers and the Company acknowledge that the Minister for Environment
has given the requisite approval for the purposes of condition 3-1 of the
Ministerial Statement and has made the requisite nomination under section
38(7) of the EP Act in respect of the passing of responsibility for the
proposal the subject of the Ministerial Statement to the Joint Venturers.
(c) As
soon as practicable after the Operative Date, the Company shall make
application under the Mining Act to transfer the Boodarie GPLs to the Joint
Venturers and the State shall, notwithstanding section 276 of the Duties Act
2008 (WA) and without otherwise affecting the application of that Act, cause
the Boodarie GPLs to be transferred to the Joint Venturers and:
(i)
upon and from the date such transfers are registered
under the Mining Act the Boodarie GPLs shall be held by the Joint Venturers
pursuant to the Mount Goldsworthy Agreement for the purposes of the Mount
Goldsworthy Agreement; and
(ii)
as soon as practicable after the date such transfers are
registered under the Mining Act:
(A) the Company shall unconditionally
surrender the Surrender GPLs; and
(B) in respect of each Boodarie GPL listed
in Schedule C, the Joint Venturers shall unconditionally surrender that
portion of the Boodarie GPL described in Schedule C.
Section 114C of the Mining Act applies in respect of any land formerly the
subject of a tenement surrendered pursuant to subparagraph (A) or (B) as if
the reference in that section to "former holder" includes the Joint Venturers.
(d)
Notwithstanding the Mining Act and without limiting the operation of clause
21(1) of the Mount Goldsworthy Agreement, the Minister for Mines, acting with
the concurrence of the Mount Goldsworthy Agreement Minister, may on and from
the Operative Date from time to time make, vary or cancel such conditions in
respect of the Boodarie GPLs as the Minister for Mines considers reasonable.
(e)
(i) The Joint Venturers and
the Company acknowledge that with the Company's consent plant, facilities and
other works have been constructed upon the land the subject of the Boodarie
GPLs by other persons, including the PEP Joint Venturers pursuant to proposals
approved under the PEP Agreement, and that such plant, facilities and other
works continue to be operated by and for the benefit of those other persons or
their successors or assigns.
(ii)
Upon the request of the Mount Goldsworthy Agreement
Minister and subject to the prior transfer of the Boodarie GPLs to the Joint
Venturers as referred to in subclause (3)(c), the Company and the Joint
Venturers shall:
(A) facilitate the grant under the
Land Administration Act of any lease that is reasonably necessary for the
plant, facilities or other works identified in Plan C in Schedule D by:
(I) surrendering those portions of the
Boodarie GPLs:
(i) described in Schedule D; and
(ii) such further areas as are reasonably required
for the operation of the plant, facilities or other works identified in Plan C
for which an easement or licence is not reasonably sufficient; and
(II) if reasonably
required, on reasonable terms and conditions allowing the relevant third party
access to the land the subject of any such lease and (if applicable)
consenting to the grant to the relevant third party of an easement or licence
under the Land Administration Act; and
(B) facilitate (including if necessary by
the Joint Venturers giving their consent where it is requested) the grant
under the Land Administration Act of any licences or easements that are
reasonably necessary for other plant, facilities and other works referred to
in subparagraph (i).
(iii)
The Company and the Joint Venturers acknowledge that the
State proposes to develop an industrial estate proximate to the land the
subject of the Boodarie GPLs and an infrastructure corridor connecting the
industrial estate to the Port of Port Hedland along or in the vicinity of the
indicative corridor alignment set out in Plan D in Schedule E and the Company
and Joint Venturers agree:
(A) to use their best and continuing
endeavours to facilitate as soon as practicable the identification of and
their agreement to the optimal infrastructure corridor area along or in the
vicinity of the indicative corridor alignment having regard to the planned
operations of the Joint Venturers in relation to the land the subject of the
Boodarie GPLs and the planned requirements of the industrial estate and
associated corridor (such agreed area being " the Boodarie Industrial Estate
Corridor Area "); and
(B) that upon the request of the Mount
Goldsworthy Agreement Minister and subject to the prior transfer of the
Boodarie GPLs to the Joint Venturers as referred to in subclause 3(c), the
Company and Joint Venturers shall facilitate the establishment and operation
of the infrastructure corridor within the Boodarie Industrial Estate Corridor
Area including by:
(I) the Joint Venturers surrendering any
Boodarie GPLs to the extent that they relate to land within the Boodarie
Industrial Estate Corridor Area;
(II) giving their
consent (if applicable) to the grant of tenure or other rights for the
construction and operation of infrastructure and utilities within the Boodarie
Industrial Estate Corridor Area; and
(III) on reasonable
terms and conditions facilitating and allowing such crossings for the
infrastructure corridor and any future infrastructure and utilities within the
Boodarie Industrial Estate Corridor Area that may be required including in
relation to the railway and associated facilities currently held pursuant to
the Goldsworthy-Nimingarra Agreement,
and the State agrees that immediately after the Joint Venturers surrender the
Boodarie GPLs to the extent referred to in subparagraph (I) it shall grant or
cause the relevant agency, instrumentality or other authority of the State to
grant appropriate and adequate tenure and access rights to the Joint Venturers
in respect of any works, installations or facilities of the Joint Venturers
located within the Boodarie Industrial Estate Corridor Area and that continue
to be required for the purposes of the Mount Goldsworthy Agreement and that
such tenure shall be held by the Joint Venturers pursuant to the Mount
Goldsworthy Agreement for the purposes of the Mount Goldsworthy Agreement.
(iv)
The Joint Venturers further acknowledge that the Boodarie
GPLs relate to land that is located proximate to the Port of Port Hedland and
of strategic importance and that the State and third parties may in the future
wish to construct and operate infrastructure such as roads, railways,
conveyors, pipelines, transmission lines and other utilities on such land and
to have access to such land for such purposes and in light of this
acknowledgment the Joint Venturers shall:
(A) if applicable, give their consent to,
or otherwise facilitate the grant by the State or any agency, instrumentality
or other authority of the State, of any lease, licence or other title over
land the subject of the Boodarie GPLs so long as such grant does not unduly
prejudice or interfere with the operations of the Joint Venturers under the
Mount Goldsworthy Agreement; and
(B) on reasonable terms and conditions
allow access for the construction and operation of such infrastructure.
(v)
The State acknowledges that the Joint Venturers plan to
develop under the Mount Goldsworthy Agreement a conveyor and associated
infrastructure corridor connecting planned stockpile facilities to be located
upon the Boodarie GPLs to planned port facilities within the Port of Port
Hedland upon the land described in Plan E in Schedule F and the State agrees,
subject to and in accordance with any proposals approved or determined in that
regard under the Mount Goldsworthy Agreement, to cause the Port Authority to
grant from time to time to the Joint Venturers easements under the
Port Authorities Act over so much of the described land as the Joint Venturers
reasonably require:
(i)
at commercial rental; and
(ii)
upon such other terms and conditions as approved by the
Minister responsible for the Port Authorities Act (acting with the concurrence
of the Mount Goldsworthy Agreement Minister) including as to the facilitation
and allowance on reasonable terms and conditions of future crossings of the
corridor and the future location of infrastructure and utilities within the
corridor so long as such crossings, infrastructure or utilities do not unduly
prejudice or interfere with the operations of the Joint Venturers under the
Mount Goldsworthy Agreement.
The State's obligation under this paragraph (v) shall cease upon the cessation
of the State's obligation under clause 8(5)(g) of the Mount Goldsworthy
Agreement.
(vi)
The Joint Venturers agree to surrender general purpose
leases 45/65 and 45/69 (each being a Boodarie GPL) immediately prior to the
Port Authority granting to them an easement under the Port Authorities Act in
respect of the land the subject of general purpose leases 45/65 and 45/69 (or
such lesser area as may be agreed between the Joint Venturers and the Port
Authority) and the Joint Venturers acknowledge that such easement shall be:
(i)
at commercial rental; and
(ii)
upon such other terms and conditions as approved by the
Minister responsible for the Port Authorities Act (acting with the concurrence
of the Mount Goldsworthy Agreement Minister) including as to the facilitation
and allowance on reasonable terms and conditions of future crossings of the
land the subject of that easement and the future location of infrastructure
and utilities upon that land so long as such crossings, infrastructure or
utilities do not unduly prejudice or interfere with the operations of the
Joint Venturers under the Mount Goldsworthy Agreement,
and from the date such easement is registered under the Transfer of Land Act
1893 (WA) the easement shall be held by the Joint Venturers pursuant to the
Mount Goldsworthy Agreement for the purposes of:
(iii)
the Mount Goldsworthy Agreement; and
(iv)
performing their obligations (to the extent not then
performed) under subclause (5) and the EP Act and the Ministerial Statement
generally to the extent such obligations are referable to that land.
(f) The
State shall cause an endorsement to be made in the register maintained under
section 103F of the Mining Act that the provisions of this subclause apply to
the Boodarie GPLs.
(4) (a)
On and from the Operative Date and subject to
paragraph (b), the Utah Jild lease shall continue in force subject to its
terms and conditions and for the avoidance of doubt the holder of the Utah
Jild lease shall cease to have the benefit of any rights and privileges
conferred by the Beneficiation Agreement.
(b) For
the purposes of clause 3.1(b) of the Utah Jild lease the Beneficiation
Agreement Minister has approved and the Port Authority has consented to the
Company allowing the Joint Venturers to use the land the subject of that lease
for the purposes of:
(i)
performing their obligations under subclause (5) and the
EP Act and the Ministerial Statement generally to the extent such obligations
are referable to that land;
(ii)
constructing a section of railway in accordance with
proposals dated 27 May 2011 and entitled "Project Proposals for Goldsworthy
Rail Infrastructure Expansion" submitted by the Joint Venturers under the
Mount Goldsworthy Agreement; and
(iii)
conducting studies relevant to the formulation and
submission of detailed proposals under the Mount Goldsworthy Agreement in
respect of that land.
(c)
Within 3 months after the Operative Date, the Joint Venturers shall make
application to the State for the grant of a lease in respect of the land the
subject of the Utah Jild lease (or such lesser area of that land as may be
agreed between the Joint Venturers and the Port Authority) and, subject to the
prior surrender of the Utah Jild lease by the Company, the State shall cause
the Port Authority to grant to the Joint Venturers a lease under the Port
Authorities Act of that land:
(i)
at commercial rental; and
(ii)
upon such other terms and conditions (including as to the
assumption by the Joint Venturers of liabilities of the Company under or in
relation to the Utah Jild lease) as approved by the Minister responsible for
the Port Authorities Act (acting with the concurrence of the Mount Goldsworthy
Agreement Minister),
and from the date such lease is registered under the Transfer of Land Act
1893 (WA) the lease shall be held by the Joint Venturers pursuant to the Mount
Goldsworthy Agreement for the purposes of:
(iii)
the Mount Goldsworthy Agreement; and
(iv)
performing their obligations (to the extent not then
performed) under subclause (5) and the EP Act and the Ministerial Statement
generally to the extent such obligations are referable to that land.
(d) On
and from the Operative Date the proposals referred to in subclause (4)(b)(ii)
are approved for the purposes of clause 7B(1) of the Mount Goldsworthy
Agreement, but only to the extent that they relate to construction of the
relevant section of railway.
(5) Upon the transfer
of the Boodarie GPLs to the Joint Venturers as referred to in subclause
(3)(c), the Joint Venturers shall in accordance with the EP Act, the
Ministerial Statement and (to the extent required by the Port Authority) the
Utah Jild lease forthwith:
(a)
decommission and remove plant, facilities and other works established by the
Company upon the land the subject of the Boodarie GPLs and the Utah Jild lease
in accordance with and to the extent contemplated by the decommissioning plan
prepared in accordance with clause 8 of the Ministerial Statement; and
(b)
rehabilitate the land affected by the construction, operation and removal of
such works in accordance with and to the extent contemplated by the
rehabilitation plan prepared in accordance with clause 8 of the Ministerial
Statement.
(6) For the avoidance
of doubt, termination of the Beneficiation Agreement effected pursuant to
clause 4(1) shall not affect the operation of the Water Agreement.
(7) (a)
On and from the Operative Date the Joint Venturers
will indemnify and keep indemnified the State and its employees, agents and
contractors in respect of all actions, suits, claims, demands or costs of
third parties arising out of or in connection with any work carried out by the
Company pursuant to the Beneficiation Agreement or relating to its operations
under the Beneficiation Agreement or arising out of or in connection with the
construction, maintenance or use by the Company or its employees, agents,
contractors or assignees of the Company's works or services the subject of the
Beneficiation Agreement or the plant, apparatus or equipment installed in
connection with the Beneficiation Agreement.
(b) The
Joint Venturers will indemnify and keep indemnified the State and its
employees, agents and contractors in respect of all actions, suits, claims,
demands or costs of third parties arising out of or in connection with any
work carried out by the Joint Venturers or their employees, agents,
contractors or assignees on or subsequent to the Operative Date in relation to
their obligations under clause 4(5) of this Agreement.
(c) The
indemnities in paragraphs (a) and (b) shall remain in force for a period
ending on the date which is 20 years after:
(i)
the date agreed between the State and the Joint
Venturers; or
(ii)
if the parties fail to agree a date under paragraph (i),
the date determined by the State,
as being the date upon which the Joint Venturers have performed their
obligations under subclause (5).
(d) The
Joint Venturers acknowledge that clause 19 of the Mount Goldsworthy Agreement
applies in relation to their use, making available for use or any other
activities of the Joint Venturers upon or in relation to the land the subject
of any of the Boodarie GPLs, the Utah Jild lease and the lease contemplated by
subclause (4)(c) for the purposes of the Mount Goldsworthy Agreement and any
tenure and access rights granted to the Joint Venturers as contemplated by
subclauses (3)(e)(iii) and (v) for the purposes of the Mount Goldsworthy
Agreement.
5. Capacity of Joint Venturers
The Joint Venturers enter into this Agreement in their capacity as the "Joint
Venturers" as defined in, and for the purpose of, the Mount Goldsworthy
Agreement save that in respect the obligations contained in clause
4(3)(e)(iii) the Joint Venturers accept such obligations also in their
capacity as the "Joint Venturers" as defined in, and for the purpose of, the
Goldsworthy-Nimingarra Agreement.
SCHEDULE A
Boodarie GPLs
(to be transferred to the Joint Venturers pursuant to clause 4(3)(c))
General Purpose Leases 45/62, 45/63, 45/64, 45/65, 45/66, 45/67, 45/68, 45/69,
45/70, 45/71, 45/72, 45/73, 45/74, 45/75, 45/76, 45/77, 45/78, 45/79, 45/80,
45/81, 45/82, 45/83, 45/84, 45/85, 45/86, 45/87, 45/88, 45/89, 45/90, 45/91,
45/92, 45/93, 45/94, 45/95, 45/96, 45/97, 45/98, 45/99, 45/100, 45/101,
45/102, 45/103, 45/104, 45/105, 45/106, 45/107, 45/108, 45/109, 45/110,
45/111, 45/112, 45/113, 45/114, 45/115, 45/116, 45/117, 45/118, 45/119,
45/120, 45/121, 45/122, 45/123, 45/124, 45/125, 45/126, 45/127, 45/128,
45/129, 45/130, 45/131, 45/132, 45/133, 45/134, 45/135, 45/136, 45/137,
45/138, 45/139, 45/140, 45/141, 45/142, 45/143, 45/144, 45/145, 45/146,
45/147, 45/148, 45/149, 45/150, 45/151, 45/152, 45/153, 45/154, 45/155,
45/156, 45/157, 45/158, 45/159, 45/160, 45/161, 45/162, 45/163, 45/164,
45/165, 45/166, 45/167, 45/168, 45/169, 45/170, 45/171, 45/172, 45/173,
45/174, 45/175, 45/176, 45/177, 45/178, 45/179, 45/180, 45/181, 45/182,
45/183, 45/184, 45/185, 45/186, 45/187, 45/189, 45/190, 45/191, 45/192,
45/193, 45/194, 45/197, 45/198, 45/199, 45/200, 45/220, 45/221, 45/222,
45/223, 45/224, 45/235, 45/236, 45/237, 45/238, 45/239, 45/240, 45/241,
45/242, 45/243, 45/244, 45/245, 45/246, 45/247, 45/248, 45/249, 45/250,
45/251, 45/252, 45/253, 45/254, 45/255, 45/256
SCHEDULE B
Surrender GPLs
(to be surrendered by the Company pursuant to clause 4(3)(c)(ii)(A))
General Purpose Leases, 45/188, 45/195, 45/196, 45/201, 45/202, 45/203,
45/204, 45/205, 45/207, 45/208,45/209, 45/210, 45/211
SCHEDULE C
Portions of Boodarie GPLs to be surrendered pursuant to clause 4(3)(c)(ii)(B)
|
Boodarie GPL |
Portion to be surrendered |
|---|---|
|
G45/181 |
That portion of GPL 45/181 shown on Plan "A" |
|
G45/187 |
That portion of GPL 45/187 shown on Plan "A" |
|
G45/189 |
That portion of GPL 45/189 shown on Plan "A" |
|
G45/190 |
That portion of GPL 45/190 shown on Plan "A" |
|
G45/194 |
That portion of GPL 45/194 shown on Plan "A" |
|
G45/197 |
That portion of GPL 45/197 shown on Plan "A" |
|
G45/198 |
That portion of GPL 45/198 shown on Plan "A" |
|
G45/199 |
That portion of GPL 45/199 shown on Plan "A" |
|
G45/200 |
That portion of GPL 45/200 shown on Plan "A" |
|
G45/241 |
That portion of GPL 45/241 shown on Plan "B" |
Plan "A"
Plan "B"
SCHEDULE D
Portions of Boodarie GPLs to be surrendered pursuant to clause
4(3)(e)(ii)(A)(I)(i)
|
Boodarie GPL |
Portion to be surrendered |
|---|---|
|
G45/78 |
That portion of GPL 45/78 shown on Plan "C" |
|
G45/79 |
That portion of GPL 45/79 shown on Plan "C" |
|
G45/89 |
That portion of GPL 45/89 shown on Plan "C" |
|
G45/90 |
That portion of GPL 45/90 shown on Plan "C" |
|
G45/102 |
That portion of GPL 45/102 shown on Plan "C" |
Plan "C"
SCHEDULE E
Proposed Boodarie Industrial Estate Corridor – Indicative Corridor
Alignment
Plan "D"
SCHEDULE F
Joint Venturers' planned conveyor and associated infrastructure corridor
Plan "E"
EXECUTED as a deed.
SIGNED by the HONOURABLE )
COLIN JAMES BARNETT
)
in the presence of:
)
|
[Signature] | |
[Signature] |
|
Signature of witness | | |
| | | |
|
Peter Goodall | | |
|
Name of witness | | |
EXECUTED by BHP BILLITON DIRECT )
REDUCED IRON
PTY. LTD. ACN 058 025 )
960 in accordance with
section 127(1) of )
the Corporations Act
)
|
[Signature] | |
[Signature] |
|
Signature of Director | |
Signature of Secretary |
| | | |
|
Uvashni Raman | |
Robin Lees |
|
Full Name | |
Full Name |
EXECUTED by BHP BILLITON )
MINERALS PTY. LTD. ACN
008 694 782 )
in accordance with section 127(1) of
)
the Corporations Act
)
|
[Signature] | |
[Signature] |
|
Signature of Director | |
Signature of Secretary |
| | | |
|
Uvashni Raman | |
Robin Lees |
|
Full Name | |
Full Name |
EXECUTED by MITSUI IRON ORE )
CORPORATION PTY. LTD
)
ACN 050 157 456 in accordance with section
)
127(1) of the Corporations Act
)
|
[Signature] | |
[Signature] |
|
Signature of Director | |
Signature of Secretary |
| | | |
|
Ryuzo Nakamura | |
Jiahe He |
|
Full Name | |
Full Name |
SIGNED by Shuzaburo Tsuchihashi )
as attorney for
ITOCHU MINERALS & )
ENERGY OF AUSTRALIA PTY.
LTD. )
ACN 009 256 259 under power
)
of attorney dated 27 October 2011
)
in the presence of: )
|
[Signature] | |
[Signature] |
|
Signature of witness | |
Signature of Attorney |
| | | |
|
Yasushi Fukumura | |
Shuzaburo Tsuchihashi |
|
Name | |
Name |