Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 42 of 1992 s. 6; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT is made this 25th 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 one part
AND
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
191 St. George’s Terrace, Perth (hereinafter called “the
Company” in which term shall be included its successors and assigns) of
the other part.
WHEREAS :
(a) the State and the Company are the parties to
the agreement dated the 30 th day of July, 1963 which agreement was approved
by and is scheduled to the Iron Ore (Hamersley Range) Agreement Act 1963 ;
(b) the said agreement has been varied by the
following agreements made between the parties hereto —
(i)
an agreement dated the 27th day of October, 1964 which
agreement was approved by and is scheduled to the
Iron Ore (Hamersley Range) Agreement Act Amendment Act 1964 ;
(ii)
an agreement dated the 8th day of October, 1968 which
agreement was approved by and is scheduled to the
Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968 ;
(iii)
an agreement dated the 9th day of May, 1979 which
agreement was approved by and is scheduled to the
Iron Ore (Hamersley Range) Agreement Act Amendment Act 1979 ;
(iv)
an agreement dated the 26th day of April, 1982 which
agreement was approved by and is scheduled to the Iron Ore (Hamersley Range)
Agreement Amendment Act 1982 ;
(v)
an agreement dated the 28th day of May, 1987 which
agreement was ratified by and is scheduled to the Iron Ore (Hamersley Range)
Agreement Amendment Act 1987 ;
(vi)
an agreement dated the 27th day of October, 1987 which
agreement was ratified by and is scheduled to the Iron Ore (Hamersley Range)
Agreement Act (No. 2) 1987 , and
(vii)
an agreement dated the 14th day of June, 1990 which
agreement was ratified by and is scheduled to the Iron Ore (Hamersley Range)
Agreement Amendment Act 1990 ,
and as so varied is referred to in this Agreement
as “the Principal Agreement”;
(c) the agreement dated the 8th day of October,
1968 referred to in paragraph (ii) of recital (b) hereof has been varied by
the following agreements made between the State and the Company —
(i)
an agreement dated the 10th day of March, 1972 which
agreement was approved by and is scheduled to the
Iron Ore (Hamersley Range) Agreement Act Amendment Act 1972 ;
(ii)
an agreement dated the 5th day of October, 1976 which
agreement was approved by and is scheduled to the
Iron Ore (Hamersley Range) Agreement Act Amendment Act 1976 ;
(iii)
the agreement dated the 26th day of April, 1982 referred
to in paragraph (iv) of recital (b) hereof;
(iv)
the agreement dated the 28th day of May, 1987 referred to
in paragraph (v) of recital (b) hereof;
(v)
the agreement dated the 27th day of October, 1987
referred to in paragraph (vi) of recital (b) hereof; and
(vi)
the agreement dated the 14th day of June, 1990 referred
to in paragraph (vii) of recital (b) hereof,
and as so varied is referred to in this Agreement
as “the Paraburdoo Agreement”; and
(d) the parties wish to vary the Principal
Agreement and the Paraburdoo 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 and the Paraburdoo Agreement
respectively.
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
first part the Company and Hamersley Resources Limited of the second part and
Australian Mining and Smelting Limited of the third 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 neither of the parties hereto will 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.
4. The Principal Agreement is hereby varied as
follows —
(1) Clause 1 —
(a) in
the definition of “mineral lease”, by deleting “or
10I” and substituting the following —
“ , 10I or
10J”;
(b) by
deleting the definition of “ Mining Act” and substituting the
following definitions —
“ “ Mining
Act 1904 ” means the Mining Act 1904 and the amendments thereto and the
regulations made thereunder as in force on the 31st day of December, 1981;
“
Mining Act 1978 ” means the Mining Act 1978 ;”;
(c) in
the definition of “Minister for Mines”, by inserting after
“Act” the following —
“ 1904 and the Mining Act 1978 ”;
(d) in
the paragraph commencing “reference in this Agreement to an Act”,
by inserting after “ Mining Act” the following —
“ 1904 ”;
(e) by
inserting, in the appropriate alphabetical positions, the following
definitions —
“ “mining
lease” means the mining lease referred to in clause 10K hereof and
includes any renewal thereof and according to the requirements of the context
shall describe the area of land from time to time demised thereby as well as
the instrument by which it is demised;
“Wittenoom mining areas” means the
areas delineated and coloured red on the plan marked “E”
initialled by or on behalf of the parties hereto for the purpose of
identification;
“Wittenoom rights of occupancy” means
the rights of occupancy of the Wittenoom mining areas granted in respect of
Temporary Reserves Nos. 5617H, 5618H, 5619H, 5620H, 5623H, 5624H, 5625H, 5585H
and 5587H and includes any renewals thereof;”.
(2) Clause 2 paragraph
(a) —
by inserting after “Act” the following
—
“ 1904 ”.
(a) in
paragraph (b), by inserting after “ Mining Act” the following
—
“ 1904 ”;
(b) in
paragraph (c) —
(i)
by deleting “machinery and tailings leases
(including leases for the dumping of overburden) and such other leases
licenses reserves and tenements under the Mining Act or” and
substituting the following —
“general purpose leases, miscellaneous
licences and mining leases (but not for iron) under the Mining Act 1978 and
such other leases licences and reserves”;
(ii)
by deleting “lease;” and substituting the
following —
“lease and as the Minister may approve.
Notwithstanding the Mining Act 1978 —
(i)
the Company may with the prior approval of the Minister
for Mines apply from time to time for general purpose leases for the purposes
of its operations under this Agreement in respect of areas of land greater
than the maximum area provided for under that Act;
(ii)
where land applied for by the Company as a general
purpose lease, miscellaneous licence or mining lease under this paragraph is
vacant Crown land or land held by the Company under a pastoral lease, the
application may be dealt with and granted by the Minister for Mines as if the
land applied for was land that had been exempted from the provisions of Part
IV of the Mining Act 1978 pursuant to section 19 of that Act.”.
(4) Clause 9 subclause
(4)(a) —
(a) by
deleting “ Mining Act” and substituting the following —
“ Mining Act 1904 or the Mining Act 1978
”.
(b) by
inserting after “mineral lease” the following —
“or the mining lease”.
(5) Clause 10
subclause (2)(e) —
by inserting after “mineral lease” the
following —
“and all iron ore mined from the mining
lease”.
(6) Clause 10
subclause (2)(g) —
by inserting after “mineral lease” the
following —
“and the mining lease”.
(7) Clause 10
subclause (2)(j) —
(a) by
inserting after “mineral lease”, where it first occurs, the
following —
“and all iron ore from the mining
lease”;
(b) by
inserting after “mineral lease”, where it secondly occurs, the
following -
“and the mining lease or either of
them”;
(c) by
inserting after “mineral lease”, where it thirdly and fourthly
occurs, the following —
“and the mining lease or such one of them as
the case may be”.
(8) Clause 10E
subclause (1) —
by deleting “in a form to be approved by the
Minister”.
(9) Clause 10F —
by inserting after “Act” the following
—
“ 1904 or the Mining Act 1978 ”.
(10) Clause 10H
subclause (1)(a) —
by deleting “Minerals and Energy” in
both places where it occurs and substituting in each place the following
—
“Mines”.
(11) Clause 10I
subclause (1) —
by deleting “ Mining Act or” and
substituting the following —
“ Mining Act 1904 or”.
(12) Clause 10I
subclause (11) —
by deleting subclause (11) and substituting the
following subclause —
“(11)
(a) The Company shall, in respect of the
matters referred to in paragraph (k) of subclause (2) of this clause and which
are the subject of proposals approved or determined under this clause
(hereinafter called “the approved proposals”) carry out a
continuous programme of investigation, research and monitoring to ascertain
the effectiveness of the measures it is taking both generally and pursuant to
the approved proposals as the case may be for protection and management of the
environment.
(b) The
Company shall during the currency of this Agreement submit to the Minister
—
(i)
not later than the 30th day of June, 1993 and the 30th
day of June in each year thereafter (except those years in which a
comprehensive report is required to be submitted pursuant to subparagraph (ii)
of this paragraph) a brief report concerning investigations and research
carried out pursuant to paragraph (a) of this subclause and the implementation
by the Company of the elements of the approved proposals relating to the
protection and management of the environment in the year ending the 30th day
of April immediately preceding the due date for the brief report; and
(ii)
not later than the 30th day of June, 1995 and the 30th
day of June in each third year thereafter if so requested by the Minister from
time to time, a comprehensive report on the result of such investigations and
research and the implementation by the Company of the elements of the approved
proposals relating to the protection and management of the environment during
the three year period ending the 30th day of April immediately preceding the
due date for the detailed report and the programme proposed to be undertaken
by the Company during the following three year period in regard to
investigation and research under paragraph (a) of this subclause and the
implementation by the Company of the elements of the approved proposals
relating to the protection and management of the environment.
(c) The
Minister may within two (2) months of receipt of a report pursuant to
subparagraph (ii) of paragraph (b) of this subclause notify the Company that
he —
(i)
requires amendment of the report and/or programme for the
ensuing 3 years; or
(ii)
requires additional detailed proposals to be submitted
for the protection and management of the environment.
(d) The
Company shall within two (2) months of receipt of a notice pursuant to
subparagraph (i) of paragraph (c) of this subclause submit to the Minister an
amended report and/or programme as required. The Minister shall afford the
Company full opportunity to consult with him on his requirements during the
preparation of any amended report or programme.
(e) The
Minister may within 1 month of receipt of an amended report or programme
pursuant to paragraph (d) of this subclause notify the Company that he
requires additional detailed proposals to be submitted for the protection and
management of the environment.
(f) The
Company shall within two months of the receipt of a notice given pursuant to
subparagraph (ii) of paragraph (c) or paragraph (e) of this subclause submit
to the Minister additional detailed proposals as required and the provisions
of subclauses (4), (5), (6), (7), (9) and (10) of this clause and this
subclause shall mutatis mutandis apply in respect of such proposals.”.
(13) By inserting
after Clause 10I the following clause —
Additional areas
“10J. (1)
Notwithstanding the provisions of the Mining Act 1904 or
the Mining Act 1978 the Company may from time to time during the currency of
this Agreement apply to the Minister for areas held by the Company or an
associated company under a mining tenement granted under the Mining Act 1978
to be included in the mineral lease but so that the total area of the mineral
lease shall not at any time exceed 300 square miles. The Minister shall confer
with the Minister for Mines in regard to any such application and if they
approve the application the Minister for Mines shall upon the surrender of the
relevant mining tenement include the area the subject thereof in the mineral
lease subject to such of the conditions of the surrendered mining tenement as
the Minister for Mines determines but otherwise subject to the same terms
covenants and conditions as apply to the mineral lease (with such
apportionment of rents as is necessary) and notwithstanding that the survey of
such additional land has not been completed but subject to correction to
accord with the survey when completed at the Company’s expense.
(2) The Company shall
not mine or carry out other activities (other than exploration, bulk sampling
and testing) on any area or areas added to the mineral lease pursuant to
subclause (1) of this clause unless and until proposals with respect thereto
are approved or determined pursuant to the subsequent provisions of this
clause.
(3) If the Company
desires to commence mining of iron ore or to carry out any other activities
(other than as aforesaid) on the said areas it shall give notice of such
desire to the Minister and shall within 2 months of the date of such notice
(or thereafter within such extended time as the Minister may allow as
hereinafter provided) and subject to the provisions of this Agreement submit
to the Minister to the fullest extent reasonably practicable its detailed
proposals (which proposals shall include plans where practicable and
specifications where reasonably required by the Minister) with respect to such
mining or other activities.
(4) The provisions of
subclauses (2) - (15) of clause 10I of this Agreement shall apply to proposals
under this clause and mining and other activities carried on the areas the
subject of proposals under this clause mutatis mutandis and as if —
(a)
references in those subclauses to the Brockman No. 2 Detritals Deposit were
references to the areas added to the mineral lease pursuant to this clause;
and
(b) the
words “the 1st day of October, 1990” in sub-clause (12)(g) thereof
were substituted by the words “the date of the Company’s notice
under subclause (3) of this clause”.
(14) By inserting
after Clause 10J the following clause —
Wittenoom mining areas
“10K. (1)
From and after the coming into operation of the agreement
ratified by the Iron Ore (Hamersley Range) Agreement Amendment Act 1992 and
the release and surrender by Hamersley Resources Limited to the State of all
its right title and interest in and to the Wittenoom rights of occupancy to
the intent that thereafter the rights of occupancy shall be vested solely in
the Company, the Company shall hold the Wittenoom rights of occupancy pursuant
to this Agreement and as though they had been originally granted under this
Agreement and the State shall thereafter cause to be granted to the Company as
may be necessary successive renewals of such rights of occupancy as have not
been surrendered by the Company pursuant to subclause (5) of this clause (each
renewal for a period of twelve (12) months at the same rental and on the same
terms as the existing rights of occupancy) the last of which renewals
notwithstanding its currency shall expire —
(i)
on the date of application for inclusion of land in the
mining lease by the Company under subclause (8) of this clause;
(ii)
on the 31st day of December, 1999; or
(iii)
on the determination of this Agreement pursuant to its
terms;
whichever shall first happen.
(2) (a)
Insofar as has not already been done to the
satisfaction of the Minister the Company will commence forthwith and carry out
at its expense (with the assistance of experienced consultants where
appropriate) —
(i)
a thorough geological and (as necessary) geophysical
investigation of the iron ore deposits in the Wittenoom mining areas and the
testing and sampling of such deposits;
(ii)
a general reconnaissance of the various sites of proposed
operations pursuant to the Agreement together with the preparation of suitable
maps and drawings;
(iii)
an engineering investigation of the route for a railway
or other means of transport to serve the Wittenoom mining areas and other
areas the subject of this clause;
(iv)
a study of the technical and economic feasibility of the
mining transporting processing and shipping of iron ore from Wittenoom mining
areas;
(v)
housing and accommodation for the workforce for
operations on the Wittenoom mining areas and other areas the subject of this
clause;
(vi)
the investigation in areas approved by the Minister of
suitable water supplies for mining industrial and townsite purposes;
(vii)
metallurgical and market research.
(b) The
Company shall collaborate with and keep the State fully informed at least
annually with the first report on or before the 1st day of December 1992 as to
the progress and results of the Company’s operations under paragraph (a)
of this subclause. The Company shall furnish the Minister with copies of all
reports received by it from consultants in connection with the matters
referred to in paragraph (a) of this subclause and with copies of all findings
made and reports prepared by them.
(c) If
the State concurrently carries out its own investigations and reconnaissances
in regard to all or any of the matters mentioned in paragraph (a) of this
subclause the Company shall cooperate with the State therein and so far as
reasonably practicable will consult with the representatives or officers of
the State and make full disclosures and expressions of opinion regarding
matters referred to in this subclause.
(d) On
and after the grant of the mining lease the provisions of paragraphs (a), (b)
and (c) of this subclause shall not apply to the land the subject of the
mining lease.
(3) On or before the
28th day of February, 1993 (or thereafter within such extended time as the
Minister may allow as hereinafter provided) the Company shall submit to the
Minister its detailed proposals with respect to the mining of iron ore within
that part or those parts of the Wittenoom mining areas as the Company then
desires to commence mining operations.
(4) The provisions of
subclauses (2) - (15) of clause 10I of this Agreement shall apply to proposals
under subclause (3) of this clause and mining and other activities carried on
the areas the subject of proposals under that subclause mutatis mutandis and
as if —
(a)
references in those subclauses to the Brockman No.2 Detritals Deposit were
references to the Wittenoom mining areas or, after the grant of the mining
lease, to the mining lease;
(b)
there were inserted in subclause (2)(f) thereof after
“transportation” the following —
“and a railway within portion of the land
shown coloured blue on the said plan marked “E” and associated
borrow pits within that land”; and
(c) the
words “October, 1990” in subclause (12)(g) thereof were
substituted by the words “November, 1992”.
(5) On application
made by the Company not later than 14 days after all its proposals submitted
pursuant to subclause (3) of this clause have been approved or determined for
a mining lease for the mining of iron ore of the part or parts (not exceeding
in total area 65 square miles and in the shape of a rectangular parallelogram
or rectangular parallelograms or as near thereto as is practicable) of the
Wittenoom mining areas as are the subject of the proposals the State shall,
upon the surrender by the Company of the Wittenoom rights of occupancy if the
area applied for is 65 square miles or if the area applied for is less than 65
square miles then upon the surrender of the rights of occupancy in respect of
the Temporary Reserves which or any part of which is included in the
application for the mining lease, cause to be granted to the Company a mining
lease of such land (notwithstanding that the survey in respect thereof has not
been completed but subject to such corrections to accord with the survey when
completed at the Company’s expense) for the mining of iron ore only such
mining lease to be granted under and, except as otherwise provided in this
Agreement, subject to the Mining Act 1978 but in the form of the Second
Schedule hereto.
(6) Subject to the
performance by the Company of its obligations under this Agreement and the
Mining Act 1978 and notwithstanding any provisions of the Mining Act 1978 to
the contrary the term of the mining lease shall be for a period of 21 years
commencing from the date of receipt of the application therefor under
subclause (5) of this clause with the right during the currency of this
Agreement to take two successive renewals of the said term each for a further
period of 21 years upon the same terms and conditions, subject to the sooner
determination of the said term upon cessation or determination of this
Agreement such right to be exercisable by the Company making written
application for any such renewal not later than one month before the
expiration of the current term of the mining lease.
(7) The Company shall
—
(a) by
way of rent for the mining lease pay to the State annually in advance a sum
equal to seventy (70) cents per acre of the area for the time being the
subject of the mining lease commencing on and accruing from the date of
application for the mining lease by the Company;
(b) from
and after the fifteenth (15th) anniversary of the first transport of iron ore
from the mining lease or the twentieth (20th) anniversary of the approval or
determination of the Company’s proposals submitted pursuant to subclause
(3) of this clause whichever shall first occur pay an additional rental in
respect of the mining lease equal to twenty five (25) cents per ton on all
iron ore in respect of which royalty is payable under clause 10(2)(j) hereof
in any financial year in relation to iron ore from the mining lease such
additional rental to be paid within three (3) months after shipment sale or
use as the case may be of the iron ore SO NEVERTHELESS that the additional
rental to be paid under this proviso shall be not less than three hundred
thousand dollars ($300,000) in respect of any such year and the Company will
within three (3) months after expiration of that year pay to the State as
further rental the difference between three hundred thousand dollars
($300,000) and the additional rental actually paid in respect of that year but
any amount so paid in respect of any financial year in excess of the rental
payable for that year at the rate of twenty five (25) cents per ton as
aforesaid shall be offset by the Company against any amount payable by them to
the State above the minimum amounts payable to the State under this paragraph
in respect of the two (2) financial years immediately following the financial
year in respect of which the said minimum sum was paid.
(8) (a)
If the land in respect of which the mining lease
is originally granted is less than 65 square miles in area then
notwithstanding the Mining Act 1978 the Company may once during the period
from the grant of the mining lease to the 31st day of December, 1999 apply to
the Minister for Mines for inclusion in the mining lease of such part or parts
of the Wittenoom mining areas as the Company nominates and in respect of which
it then holds rights of occupancy (not exceeding in total area 65 square miles
less the area of the land in respect of which the mining lease was originally
granted and in the shape of a rectangular parallelogram or rectangular
parallelograms or as near thereto as is practicable) and the Minister for
Mines shall include the land applied for in the mining lease upon the
surrender by the Company of all rights of occupancy then held by the Company
in respect of the Wittenoom mining areas subject to the same terms covenants
and conditions as apply to the mining lease (with such apportionment of rents
as is necessary) and notwithstanding that the survey of such additional land
has not been completed but subject to correction to accord with the survey
when completed at the Company’s expense.
(b) The
Company shall not mine or carry out other activities (other than exploration,
bulk sampling and testing) on any area or areas added to the mining lease
pursuant to paragraph (a) of this subclause unless and until proposals with
respect thereto are approved or determined pursuant to this clause.
(c) The
provisions of subclauses (2) - (15) of clause 10I of this Agreement shall
apply to proposals under this subclause and mining and other activities
carried on the areas the subject of proposals under this subclause mutatis
mutandis and as if —
(a)
reference in those subclauses to the Brockman No.2 Detritals Deposit were
references to the mining lease;
(b) the
words “the 1st day of October 1990” in subclause (12)(g) thereof
were substituted by the words “the date of submission of proposals under
this subclause”.
(9) The Company shall
so conduct their operations in respect of the Wittenoom mining areas and the
mining lease as to meet the reasonable requirements of the State in preserving
and protecting National Park Reserve No. 30082.
(10) The State shall
ensure that during the currency of this Agreement and subject to compliance
with its obligations hereunder the Company shall not be required to comply
with the expenditure conditions imposed by or under the Mining Act 1978 in
regard to the mining lease.
(11) The Company shall
lodge with the Department of Mines at Perth —
(a) such
periodical reports (except reports in the form of Form 5 of the
Mining Regulations 1981 or other reports relating to expenditure on the mining
lease) and returns as may be prescribed in respect of mining leases pursuant
to regulations under the Mining Act 1978 provided that the Minister for Mines
may waive any requirement for lodgment of exploration data in respect of areas
within the mining lease;
(b) on
an annual basis, a report on iron ore reserves within the mining lease (using
the scheme recommended by the Australasian Institute of Mining and Metallurgy
and the Australian Mining Industry Council or future equivalent) together with
a list of any geotechnical, metallurgical, geochemical and geophysical
investigations carried out during the year and, if requested by the
Department, details of any of those investigations;
(c)
reports on drilling operations and drill holes where the main purpose of the
drilling was to discover or define future iron ore reserves on the mining
lease and, if requested by the Department, reports on drilling done within
blocks of proven iron ore for the purpose of mine planning.
(12) Notwithstanding
the provisions of this clause and the Mining Act 1978 with the approval of
the Minister the Company may from time to time (with abatement of future rent
in respect to the area surrendered but without any abatement of rent already
paid or any rent which has become due and has been paid in advance) surrender
to the State all or any portion or portions of the mining lease.
(13) The Company in
accordance with approved proposals may without payment of royalty obtain stone
sand clay and gravel from the mining lease for the construction of works (and
the maintenance thereof) for the purposes of this Agreement and from the land
shown coloured blue on the said plan marked “E” for the
construction of the railway over that land.
(14) (a)
Notwithstanding anything contained or implied in this Agreement or in the
mining lease or the Mining Act 1978 mining tenements may subject to the
provisions of this clause be granted to or registered in favour of persons
other than the Company under the Mining Act 1978 in respect of the areas
subject to the mining lease unless the Minister for Mines determines that such
grant or registration is likely unduly to prejudice or interfere with the
current or prospective operations of the Company hereunder with respect to
iron ore assuming the taking by the Company of reasonable steps to avoid the
prejudice or interference or is likely unduly to reduce the quantity of
economically extractable iron ore available to the Company.
(b) A
mining tenement granted or registered as a result of this Clause shall not
confer any right to mine or otherwise obtain rights to iron ore on the
tenement.
(c)
(i) In respect of any
application for a mining tenement made under the Mining Act 1978 in respect of
an area the subject of the mining lease the Minister for Mines shall consult
with the Minister and the Company with respect to the significance of iron ore
deposits in, on or under the land the subject of the application and any
effect the grant of a mining tenement pursuant to such application might have
on the current or prospective iron ore operations of the Company under this
Agreement.
(ii) Where the Minister for Mines,
after taking into account any matters raised by the Minister or the Company
determines that the grant or registration of the application is likely to have
the effect on the operations of the Company or the iron ore referred to in
paragraph (a) of this subclause, he shall, by notice served on the Warden to
whom the application was made, refuse the application.
(iii) Before making a determination
pursuant to subparagraph (ii) of this paragraph the Minister for Mines may
request the Warden to hear the application and any objections thereto and as
soon as practicable after the hearing of the application to report to the
Minister for Mines on the application and the objections and the effect on the
current or prospective operations of the Company or the quantity of
economically extractable iron ore that a grant of the application might have.
(d)
(i) Except as provided in
paragraph (c) of this subclause a Warden shall not hear or otherwise deal with
an application for a mining tenement in respect of an area the subject of the
mining lease unless and until the Minister for Mines has notified him that it
is not intended to refuse the application pursuant to paragraph (c) of this
subclause. Following such advice to the Warden the application shall be
disposed of under and in accordance with the Mining Act 1978 save that where
the Warden has heard the application and objections thereto pursuant to
paragraph (c) of this subclause, the application may be dealt with by the
Warden without further hearing.
(ii)
The Company may exercise in respect of any application
heard by the Warden any right that it may have under the Mining Act 1978 to
object to the granting of the application.
(iii) Any mining tenement granted
pursuant to such application shall, in addition to any covenants and
conditions that may be prescribed or imposed, be granted subject to such
conditions as the Minister for Mines may determine having regard to the
matters the subject of the consultations with the Minister and the Company
pursuant to paragraph (c)(i) of this subclause and any matters raised by the
Company before the Warden.
(e)
(i) On the grant of any
mining tenement pursuant to an application to which this subclause applies the
land the subject thereof shall thereupon be deemed excised from the mining
lease (with abatement of future rent in respect of the area excised but
without any abatement of rent already paid or of rent which has become due and
has not been paid in advance).
(ii) On the expiration or sooner
determination of any such mining tenement or, if that tenement is a
prospecting licence or exploration licence and a substitute tenement is
granted in respect thereof pursuant to an application made under section 49 or
section 67 of the Mining Act 1978 , then on the expiration or sooner
determination of the substitute title the land the subject of such mining
tenement or substitute title as the case may be shall thereupon be deemed to
be part of the land in the mining lease (with appropriate adjustment of
rental) and shall be subject to the terms and conditions of the mining lease
and this Agreement.
(15) (a)
In this subclause —
“further processing” means the
production of products, other than iron ore concentrates, from iron ore and
includes the production of iron or steel, metallised agglomeration, sintering,
pelletisation or other comparable changes in the physical character of iron
ore;
“iron ore concentrates” means products
resulting from the concentration or other beneficiation of iron ore, other
than by crushing or screening, and includes thermal electrostatic magnetic and
gravity processing, but excludes the production of iron or steel, metallised
agglomeration, sintering, pelletisation or other comparable changes in the
physical character of iron ore.
(b) The
Company shall from time to time renew the investigations already commenced by
it as to the technical and economic feasibility of establishing within the
said State a plant or plants for the production of iron ore concentrates and
for further processing.
(c) The
Company shall not later than ten (10) years after the first transport of iron
ore from the mining lease or such earlier time as the Company has transported
or sold a total of one hundred and fifty million (150,000,000) tons of iron
ore from the mining lease submit to the Minister detailed proposals for the
establishment of the said plant or plants of such design and dimensions that
will have the capacity to process into iron ore concentrates annually —
(i)
iron ore of a tonnage not less than twenty per cent (20%)
of the average of the transports or sales of iron ore from the mining lease
during the five (5) years immediately preceding the date of the submission of
the said proposals; or
(ii)
two million (2,000,000) tons of iron ore
whichever is the greater.
(d) The
plant or plants to be established by the Company pursuant to paragraph (c) of
this subclause shall commence operation not later than two (2) years after the
date of the submission of the said proposals referred to in paragraph (c)
hereof and shall continue in operation until the Company provide new or
expanded plant or plants pursuant to the provisions of this subclause.
(e) The
Company shall not later than twenty (20) years after the first transport of
iron ore from the mining lease or such earlier time as the Company has
transported or sold a total of three hundred million (300,000,000) tons of
iron ore submit to the Minister detailed proposals for the expansion of the
said plant or plants or the establishment of a new plant of such design and
dimensions that will have the capacity (inclusive of the existing capacity
provided under paragraph (c) of this subclause to process into iron ore
concentrates annually —
(i)
iron ore of a tonnage not less than twenty per cent (20%)
of the average of the transports or sales of iron ore by the Company during
the five (5) years immediately preceding the date of the submission of the
said proposals; or
(ii)
four million (4,000,000) tons of iron ore
whichever is the greater.
(f) The
plant or plants expanded or established by the Company pursuant to paragraph
(e) of this subclause shall commence operation not later than two (2) years
after the date of the submission of the said proposals referred to in
paragraph (e) of this subclause and shall continue in operation until the
Company provides new or expanded plant or plants pursuant to the provisions of
this clause.
(g) The
Company shall not later than thirty (30) years after the first transport of
iron ore from the mining lease or such earlier time as the Company have
transported or sold a total of four hundred and fifty million (450,000,000)
tons of iron ore submit to the Minister detailed proposals for the expansion
of the said plant or plants or the establishment of a new plant of such design
and dimensions that will have the capacity (inclusive of the existing capacity
provided under paragraphs (c) and (e) of this subclause to process into iron
ore concentrates annually —
(i)
iron ore of a tonnage not less than twenty per cent (20%)
of the average of the transports or sales of iron ore by the Company during
the five (5) years immediately preceding the date of the submission of the
said proposals; or
(ii)
six million (6,000,000) tons of iron ore
whichever is the greater.
(h) The
plant or plants expanded or established by the Company pursuant to paragraph
(g) of this subclause shall commence operation not later than two (2) years
after the date of the submission of the said proposals referred to in
paragraph (g) of this subclause hereof and shall be operated by the Company
until the expiration or sooner determination of this Agreement.
(i)
If the detailed proposals referred to in this subclause
are submitted by the Company to the Minister within the times mentioned the
Minister shall in each case within two (2) months of the receipt thereof give
to the Company notice either of his approval of the said proposals or of any
objections he has or alterations he desires thereto. In the latter case the
Minister shall afford the Company an opportunity to consult with and to submit
new or further proposals to him and if within thirty (30) days after receipt
of such notice agreement is not reached as to the said proposals the Company
may within a further period of thirty (30) days by notice to the State elect
to refer to arbitration as hereinafter provided any question as to the
reasonableness of the Minister’s decision. If by the award on the
arbitration the question is decided in favour of the Company the Minister
shall be deemed to have approved of the said proposals as submitted by the
Company.
(j) The
Company shall implement the decision of the Minister or an award made on an
arbitration as the case may be in accordance with the terms thereof.
(k) In
the event that the Company undertake further processing at any of the said
plants referred to in this clause, the Minister may after consultation with
the Company make such reductions to the capacity requirements of any plant
specified in paragraphs (c), (e) and (g) of this subclause as he considers
appropriate having regard to the extent to which such further processing
provides benefits to the State in terms of capital investment employment and
utilisation of the iron ore resource within the mining lease by the Company.
(l)
References in this subclause to iron ore do not include manganiferous ore and
manganese ore.
(m) The
provisions of clause 23 hereof shall apply to the performance of the
Company’s obligations under this subclause with the following amendments
—
(i)
the insertion after “sell ore” of the
following —
“or iron ore concentrates and products of
further processing”;
(ii)
the insertion after “economic conditions” of
the following —
“or factors due to action taken by or on
behalf of any government or governmental authority (other than the State or
any authority of the State)”.
(n) The
provisions of clause 11(l) hereof relating to a default by the Company in the
due performance or observance of its covenants or obligations to the State
shall not apply to the covenants and obligations of the Company under this
subclause and in lieu thereof the following provisions shall apply —
If the Company shall make default in the due
performance or observance of any of the covenants or obligations to the State
in this subclause on its part to be performed or observed and shall fail to
remedy that default within reasonable time after notice specifying the default
is given to it by the State then the State may by notice to the Company
determine the mining lease and the rights of the Company thereunder and under
any lease (except any lease of the railway to be constructed by the Company
over portion of the land shown coloured blue on the said plan marked
“E”) licence easement or right granted in respect of or for the
purposes of the Company’s activities on the mining lease PROVIDED THAT
if the State gives the Company a notice specifying a default on the part of
the Company and the Company promptly refers to arbitration the question
whether such alleged default has taken place then if upon the arbitration it
is decided that the Company has made such default but that there has been a
bona fide dispute and that the Company has not been dilatory in pursuing the
arbitration then neither the mining lease nor any of the rights hereinbefore
referred to may be determined unless and until a reasonable time fixed by the
award upon the arbitration as the time within which the Company must remedy
such default has elapsed without such default having been remedied.”.
(15) Clause 11 —
(a) in
paragraph (a), by deleting “clause 7 hereof” and substituting the
following —
“this Agreement”;
(b) in
paragraph (b)(ii),by inserting after “mineral lease” the following
—
“or the mining lease”;
(c) in
paragraph (d)(i), by inserting after “mineral lease” the following
—
“, the mining lease”.
(d) in
paragraph (g), by inserting after “mineral lease” the following
—
“, the mining lease”;
(e) in
paragraph (i), by inserting after “Act” the following —
“ 1904 ”;
(f) in
paragraph (k) —
(i)
by inserting after “therewith” the following
—
“and except as to any part upon which there
stands any improvements that are used in connection with a commercial
undertaking not directly related to the mining of iron ore”; and
(ii)
by inserting after “rate” the following
—
“PROVIDED THAT nothing in this paragraph
shall prevent the Company making the election provided for by section 533B of
the Local Government Act 1960 ”;
(g) in
paragraph (l) by inserting after “clause 9(1)(a)” the following
—
“and the entire mining lease as permitted
under clause 10K”.
(16) Clause 20A
—
(a) by
inserting after “Act”, in the first place where it occurs, the
following —
“ 1904 ”;
(b) by
inserting after “thereunder” the following —
“, of regulations 77 and 110 made under the
Mining Act 1978 ”;
(c) by
deleting “ 1904 ;” and substituting the following —
“ 1904 or the Mining Act 1978 .”.
(17) Clause 20C(1)
—
by inserting after “mineral lease” the
following —
“or the mining lease”.
(18) Clause 21 —
by inserting after “mineral lease” the
following —
“and the mining lease”.
(19) by inserting
after the Schedule a second schedule as follows —
“
THE SECOND SCHEDULE
WESTERN AUSTRALIA
IRON ORE (HAMERSLEY RANGE)
AGREEMENT ACT 1963
MINING LEASE
MINING LEASE NO.
The Minister for Mines a corporation sole established by the Mining Act 1978
with power to grant leases of land for the purposes of mining in consideration
of the rents hereinafter reserved and of the covenants on the part of the
Lessee described in the First Schedule to this lease and of the conditions
hereinafter contained and pursuant to the Mining Act 1978 (except as
otherwise provided by the Agreement (hereinafter called “the
Agreement”) described in the Second Schedule to this lease) hereby
leases to the Lessee the land more particularly delineated and described in
the Third Schedule to this lease for iron ore subject however to the
exceptions and reservations set out in the Fourth Schedule to this lease and
to any other exceptions and reservations which subject to the Agreement are by
the Mining Act 1978 and by any Act for the time being in force deemed to be
contained herein to hold to the Lessee this lease for a term of twenty one
(21) years commencing on the date set out in the Fifth Schedule to this lease
(subject to the sooner determination of the said term upon the cessation or
determination of the Agreement) upon and subject to such of the provisions of
the Mining Act 1978 except as otherwise provided by the Agreement as are
applicable to mining leases granted thereunder and to the terms covenants and
conditions set out in the Agreement and to the covenants and conditions herein
contained or implied and any further conditions or stipulations set out in the
Sixth Schedule to this lease the Lessee paying therefor the rents and
royalties as provided in the Agreement with the right during the currency of
the Agreement and in accordance with the provisions of the Agreement to take
two successive renewals of the term each for a further period of 21 years upon
the same terms and conditions subject to the sooner determination of the term
upon cessation or determination of the Agreement PROVIDED ALWAYS that this
lease shall not be determined or forfeited otherwise than in accordance with
the Agreement.
In this lease —
“Lessee” includes the successors and permitted assigns of the
Lessee.
If the Lessee be more than one the liability of the Lessee hereunder shall be
joint and several.
Reference to an Act includes all amendments to that Act for the time being in
force and also any Act passed in substitution therefor or in lieu thereof and
to the regulations and by-laws for the time being in force thereunder.
FIRST SCHEDULE
HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 a company incorporated in Victoria
and having its principal office in the State of Western Australia at 191 St.
George’s Terrace, Perth.
SECOND SCHEDULE
The Agreement (as amended from time to time) made between the State of Western
Australia and HAMERSLEY IRON PTY. LIMITED and ratified by the Iron Ore
(Hamersley Range) Agreement Act 1963 .
THIRD SCHEDULE
(Description of land:)
Locality:
Mineral Field: Area,
etc.:
Being the land delineated on Survey Diagram
No. and
recorded in the Department of Mines, Perth.
FOURTH SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of
the land the subject of this lease is reserved to the Crown in right of the
State of Western Australia with the right of the Crown in right of the State
of Western Australia and any person lawfully claiming thereunder or otherwise
authorized to do so to have access to the land the subject of this lease for
the purpose of searching for and for the operations of obtaining petroleum (as
so defined) in any part of the land.
FIFTH SCHEDULE
(Date of commencement of the lease).
SIXTH SCHEDULE
(Any further conditions or stipulations).
IN witness whereof the Minister for Mines has affixed his seal and set his
hand hereto this day
of 19 ”.
5. The Paraburdoo Agreement is hereby varied as
follows —
(1) Clause 1 —
in the paragraph commencing “Reference in
this Agreement to an Act”, by inserting after “ Mining Act”
the following —
“ 1904 ”.
by inserting after “Act” the following
—
“ 1904 ”.
(a) in
paragraph (b)(i), by inserting after “ Mining Act” the following
—
“ 1904 ”;
(b) in
paragraph (c) —
(i)
by deleting “machinery and tailings leases
(including leases for dumping of overburden) and such other leases licences
reserves and tenements under the Mining Act or” and substituting the
following —
“general purpose leases, miscellaneous
licences and mining leases (but not for iron) under the Mining Act 1978 and
such other leases licences and reserves”;
(ii)
by deleting “lease” and substituting the
following —
“lease and as the Minister may
approve.Notwithstanding the Mining Act 1978 —
(i)
the Company may with the prior approval of the Minister
for Mines apply from time to time for general purpose leases for the purposes
of its operations under this Agreement in respect of areas of land greater
than the maximum area provided for under that Act;
(ii)
where land applied for by the Company as a general
purpose lease, miscellaneous licence or mining lease under this paragraph is
vacant Crown land or land held by the Company under a pastoral lease, the
application may be dealt with and granted by the Minister for Mines as if the
land applied for was land that had been exempted from the provisions of Part
IV of the Mining Act 1978 pursuant to section 19 of that Act.”.
6. The amendments effected to clause 11(k) of the
Principal Agreement by clause 4(15)(f) of this Agreement (and also applicable
to the Paraburdoo Agreement by virtue of clause 8 of that Agreement) shall
have effect, and shall be deemed to have had effect, from and after the 1st
day of July, 1991.
7. The State shall exempt from any stamp duty
which but for the operation of this Clause would or might be assessed and
chargeable on the release and surrender by Hamersley Resources Limited of
rights of occupancy referred to in clause 10K(1) of the Principal Agreement
inserted by clause 4(14) of this Agreement.
IN WITNESS WHEREOF these presents have been executed the day and year first
hereinbefore written.
|
SIGNED by the said |
|
CARMEN LAWRENCE |
I. TAYLOR
MINISTER FOR STATE DEVELOPMENT
|
THE COMMON SEAL of |
|
Director I. J. WILLIAMS
Secretary G. B. BABON
[Eleventh Schedule inserted: No. 42 of 1992 s. 6.]
