Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 94 of 1976 s. 5; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT made the 5th day of October, 1976 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 called “the State”) of the
one part and MOUNT BRUCE MINING PTY. LIMITED a company incorporated under the
Companies Act of the said State and having its registered office at 191 St.
George’s Terrace, Perth (hereinafter called “the Company”
which expression will include the successors and assigns of the Company) of
the other part —
WHEREAS it is desired to amend the provisions of the principal Agreement (as
hereinafter defined);
NOW THIS AGREEMENT WITNESSETH:
1. In this Agreement subject to the context
—
“principal Agreement” means the
Agreement of which a copy is set out in the Schedule to the
Iron Ore (Mount Bruce) Agreement Act 1972 ;
words and phrases to which meanings are given
under clause 1 of the principal Agreement (other than words or phrases to
which meanings are given in the foregoing provisions of this clause) shall
have the same respective meanings in this Agreement as are given to them under
clause 1 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 —
(1)
The Bill to ratify this Agreement as referred to in clause 2
hereof is passed as an Act before the 30th day of November, 1976 or such later
date if any as the parties hereto may mutually agree upon; and
(2)
a Bill to ratify the Agreement referred to in the Schedule
hereto is passed as an Act before the 30th day of November, 1976 or such later
date if any as the parties hereto may mutually agree upon.
4. The principal Agreement is hereby varied as
follows —
(1)
as to clause 1 —
(a) by inserting after the
definition of “Hamersley” the following definition —
“Hamersley Amending Agreement” means
the agreement of which a copy is set out in the Third Schedule to the Iron Ore
(Hamersley Range) Agreement Act 1963-1972 as amended by the Agreement of which
a copy is set out in the Fourth Schedule to that Act and as further amended by
the Agreement dated the 5th day of October, 1976 between the State of the one
part and Hamersley Iron Pty. Limited of the other part; and
(b) by inserting after the
definition of “metallised agglomerates” the following definition
—
“metallised agglomerate production
commencement date” means the date upon which Hamersley pursuant to the
provisions of clause 9 of the Hamersley Amendment Agreement first commences to
produce metallised agglomerates in commercial quantities; ;
(2)
by adding after clause 10 a new clause 10A as follows —
10A.
If Hamersley pursuant to sub-clause (1) of clause 8A of the
Hamersley Amending Agreement submits detailed proposals to the State for the
establishment within the said State of a plant for the production of iron ore
concentrates then the operation of clauses 8 and 10 hereof shall be suspended
until either
(a)
Hamersley complies with its obligations under
sub-clauses (1) and (2) of the said clause 8A in which event this Agreement
shall thenceforth be read and construed as if the said clauses 8 and 10 were
deleted herefrom; or
(b)
Hamersley commits a breach of its obligations
under the said sub-clauses (1) and (2) in which event the said clauses 8 and
10 shall recommence to operate but thereafter shall be read and construed as
if —
(i) the
reference “year 4” in sub-clause (1) of the said clause 8 read
“year 8”;
(ii) the
reference “year 9” wheresoever appearing in the said clause 8 read
“year 13”; and
(iii)
the reference “year 6” in sub-clause (1) of the said clause 10
read “year 10” and the reference “year 8” in that
sub-clause read “year 12”. ;
(3)
as to clause 31 by substitution for the passage “end of
year 6” in line one, the passage “expiry of one (1) year from the
metallised agglomerate production commencement date”;
(4)
(a) as to subclause
(1) of clause 32 —
(i)
by substituting for the passage “end of year
6” in line one, the passage “expiry of one (1) year from the
metallised agglomerate production commencement date”; and
(ii)
by substituting for the passages “the end of year
8”, “the end of year 10”, and “the end of year
12” wheresoever appearing the passages “the expiry of three (3)
years from the metallised agglomerate production commencement date”,
“the expiry of five (5) years from the metallised agglomerate production
commencement date”, and “the expiry of seven (7) years from the
metallised agglomerate production commencement date”, respectively; and
(b) as
to subclause (2) of clause 32 —
by adding after the words “pursuant
to” in line four, the passage “paragraph (a) of”.
THE SCHEDULE.
THE Agreement of even date herewith 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 the Instrumentalities thereof
of the first part and HAMERSLEY IRON PTY. LIMITED of the second part.
IN WITNESS WHEREOF these presents have been executed the day and the year
first hereinbefore written.
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SIGNED by the said THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E.,
M.L.A. in the presence of |
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CHARLES COURT |
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ANDREW MENSAROS, MINISTER FOR INDUSTRIAL DEVELOPMENT | | |
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THE COMMON SEAL of MOUNT BRUCE MINING PTY. LIMITED was hereunto affixed in the
presence of |
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[C.S.] |
Director. DONALD S.
STEWART,
Secretary. C. J. S.
RENWICK,
[Second Schedule inserted: No. 94 of 1976 s. 5.]
