Western Australian Current Acts

IRON ORE (MOUNT BRUCE) AGREEMENT ACT 1972 - SIXTH SCHEDULE

[s. 2]

        [Heading inserted: No. 38 of 2024 s. 21.]

2024

THE HONOURABLE ROGER COOK
PREMIER OF THE STATE OF WESTERN AUSTRALIA

AND

MOUNT BRUCE MINING PTY LIMITED
ACN 008 714 010

IRON ORE (MOUNT BRUCE) AGREEMENT 1972

RATIFIED VARIATION AGREEMENT

[Solicitor’s details]

THIS AGREEMENT is made this 26 day of August 2024

BETWEEN

THE HONOURABLE ROGER COOK MLA., Premier of the State of Western Australia, acting for and on behalf of the said State and instrumentalities from time to time (the " State ")

AND

MOUNT BRUCE MINING PTY LIMITED ACN 008 714 010 of Level 18, Central Park, 152-158 St Georges Terrace, Perth, Western Australia ( Company ).

RECITALS

A.         The State and the Company are the parties to the agreement dated 10 March 1972 ratified by and scheduled to the Iron Ore (Mount Bruce) Agreement Act 1972 and which as subsequently added to, varied or amended is referred to in this Agreement as the " Principal Agreement ".

B.         The State and the Company wish to vary the Principal Agreement.

THE PARTIES AGREE AS FOLLOWS:

1.         Ratification and operation

        (1)         This Agreement, other than this clause, does not come into operation except in accordance with subclause (2).

        (2)         This Agreement, other than this clause, comes into operation on the day on which it is ratified by an Act of the Parliament of Western Australia (" Operative Date ") unless, before that day, it terminates under subclauses (4) or (5).

        (3)         The State must introduce in the Parliament of Western Australia before 30 September 2024 or a later date agreed between the parties to this Agreement, a Bill to ratify this Agreement and must endeavour to secure its passage as an Act.

        (4)         If by 31 December 2024 this Agreement has not been ratified by an Act of the Parliament of Western Australia then, unless the parties to this Agreement otherwise agree, this Agreement terminates on that day 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.

        (5)         The parties agree that if the Principal Agreement is otherwise determined in accordance with its provisions on a day prior to the Operative Date, then this Agreement shall also terminate on and from that day 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.

2.         Variations of the Principal Agreement

        Clause 1 of the Principal Agreement is varied by inserting after paragraph (f) in the definition of "Integration Agreement" the following paragraph:

"(g)         the agreement authorised by and as scheduled to the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 , as from time to time added to, varied or amended; or",

        and renumbering the following paragraphs of that definition accordingly.

EXECUTED as a deed.

SIGNED by THE HONOURABLE ROGER COOK in the presence of: [Signature] Signature of witness SARAH GWEN KEEGAN Name of witness	) ) )	[Signature]
EXECUTED by MOUNT BRUCE MINING PTY LIMITED ACN 008 714 010 in accordance with section 127(1) of the Corporations Act 2001 (Cth) [Signature] Director [Signature] Director/Secretary	) ) ) )	S. J. JONES SOWMYA KOLLI

        [Sixth Schedule inserted: No. 38 of 2024 s. 21.]

Notes

This is a compilation of the Iron Ore (Mount Bruce) Agreement Act 1972 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
Iron Ore (Mount Bruce) Agreement Act 1972	37 of 1972	16 Jun 1972	16 Jun 1972
Iron Ore (Mount Bruce) Agreement Act Amendment Act 1976	94 of 1976	12 Nov 1976	12 Nov 1976
Iron Ore (Mount Bruce) Agreement Amendment Act 1987	26 of 1987	29 Jun 1987	29 Jun 1987 (see s. 2)
Reprint 1: The Iron Ore (Mount Bruce) Agreement Act 1972 as at 7 Feb 2003 (includes amendments listed above)
Standardisation of Formatting Act 2010 s. 4 and 42(2)	19 of 2010	28 Jun 2010	11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Iron Ore Agreements Legislation Amendment Act 2010 Pt. 6	34 of 2010	26 Aug 2010	1 Jul 2010 (see s. 2(b)(ii))
Iron Ore Agreements Legislation Amendment Act (No. 2) 2010 Pt. 4	61 of 2010	10 Dec 2010	11 Dec 2010 (see s. 2(c))
Iron Ore Agreements Legislation Amendment Act 2011 Pt. 4	61 of 2011	14 Dec 2011	15 Dec 2011 (see s. 2(b))
Reprint 2: The Iron Ore (Mount Bruce) Agreement Act 1972 as at 6 Dec 2013 (includes amendments listed above)
Iron Ore Agreements Legislation Amendment Act 2024 Pt. 5	38 of 2024	29 Oct 2024	30 Oct 2024 (see s. 2(b))

Other notes

¹         Repealed by the Mining Act 1978.

²         Repealed by the Interpretation Act 1984.

³         Marginal notes in the agreement have been represented as bold headnotes in this compilation but that does not change their status as marginal notes.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term         Provision(s)
1976 Variation Agreement         2
1987 Variation Agreement         2
2010 Variation Agreement         2
2011 Variation Agreement         2
2024 Variation Agreement         2
Agreement         2
Company         2

© State of Western Australia 2024

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This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State of Western Australia 2024

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By Authority: GEOFF O. LAWN, Government Printer