Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 48 of 1968 s. 6; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT under Seal made the 8th day of October 1968 BETWEEN THE
HONOURABLE DAVID BRAND M.L.A. Premier and Treasurer 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 HAMERSLEY IRON PTY. LIMITED a company incorporated under the
Companies Act 1961 of the State of Victoria and having its registered office
in the State of Western Australia at 185 St. George’s Terrace, Perth
(hereinafter called “the Company” which expression will include
the successors and assigns of the Company including where the context so
admits the assignees and appointees of the Company under clause 20 of the
Principal Agreement (as hereinafter defined) or under that clause as applying
to this Agreement) of the other part —
WHEREAS
(a) The Company has pursuant to and in compliance
with clauses 4, 5 and 10(1) of the Principal Agreement established a mine, a
railway, townsites, a harbour, a wharf and extensive works, services and
facilities relating to the foregoing;
(b) The Company has also pursuant to and in
compliance with clause 12 of the Principal Agreement established a plant for
the secondary processing of iron ore and such plant has the capacity to
produce two million (2,000,000) tons of iron ore pellets per annum;
(c) it is desired to make provision for the grant
of additional rights to and the undertaking of additional obligations by the
Company as hereinafter provided;
(d) it is also desired to add to and amend the
Principal Agreement as hereinafter provided.
NOW THIS AGREEMENT WITNESSETH:
Interpretation 3 .
1. In this Agreement subject to the context
—
“mineral lease” means the mineral lease referred to in clause
6(2)(a) hereof and includes any renewal thereof;
“mining areas” means the areas delineated and coloured red on the
Plan marked “B” initialled by or on behalf of the parties hereto
for the purposes of identification;
“minister” means the Minister in the Government of the said State
for the time being responsible (under whatsoever title) for the administration
of the Ratifying Act 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;
“new Hamersley year 1” means the year next following the date by
which the mineral lease has been granted to the Company and “new
Hamersley year” followed by any other numeral has a corresponding
meaning;
“Principal Agreement” means the agreement of which a copy is set
out in the First Schedule to the Iron Ore (Hamersley Range) Agreement Act
1963 as amended by the agreement of which a copy is set out in the Second
Schedule to that Act (both of which agreements were approved by that Act) and
except where the context otherwise requires as further amended by this
Agreement;
“Ratifying Act” means the Act to ratify this Agreement and
referred to in clause 3(1) (a) hereof;
“special lease” means a special lease or licence to be granted in
terms of this Agreement under the Ratifying Act or the Land Act and includes
any renewal thereof;
“this Agreement” “hereof” and “hereunder”
include this Agreement as from time to time added to varied or amended;
“townsite” in relation to the mining areas means a townsite or
townsites which is or are established by the Company for the purposes of its
operations and employees on or near the mining areas and whether or not
constituted and defined under section 10 of the Land Act;
Words and phrases to which meanings are given under clause 1 of the Principal
Agreement (other than words and 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;
Reference in this Agreement to an Act shall include the amendments to such 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;
Power given under any clause of this Agreement or under any clause other than
clause 24 of the Principal Agreement as applying to this Agreement to extend
any period or date shall be without prejudice to the power of the Minister
under the said clause 24 as applying to this Agreement;
Marginal notes shall not affect the construction or interpretation hereof 3 .
Initial Obligations of the State 3 .
2. The State shall —
(a)
introduce and sponsor a Bill in the Parliament of Western Australia to ratify
this Agreement; and
(b) to
the extent reasonably necessary for the purposes of this Agreement allow the
Company to enter upon Crown lands (including land the subject of a pastoral
lease) and survey possible sites for a railway, townsite, stockpiling,
processing and other areas required for the purposes of this Agreement.
Ratification and Operation 3 .
3. (1) Clause 3(2) and
the subsequent clauses (other than clause 11(3)) of this Agreement shall not
operate unless and until —
(a) the
Bill to ratify this Agreement as referred to in clause 2(a) hereof is passed
as an Act before the 31st day of December, 1968 or such later date if any as
the parties hereto may mutually agree upon; and
(b) a
Bill to ratify the agreement secondly referred to in the First Schedule hereto
is passed as an Act before the 31st day of December 1968 or such later date if
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 save as provided in clause 11(d) of the
Principal Agreement as applying to this Agreement.
(2) The following
provisions of this Agreement shall notwithstanding the provision of any Act or
law operate and take effect, namely —
(a) the
provisions of subclauses (2), (3), (4) and (5) of clause 6, clause 7(6) and
clause 15(13) of this Agreement and the provisions of the proviso to clause
10(2)(a), clause 10(3), paragraphs (a), (f), (g), (h), (i), (k) and (m) of
clause 11 and clauses 20A, 21, 23, 24 and 27 of the Principal Agreement as
applying to this Agreement shall take effect as though the same had been
brought into force and been enacted by the Ratifying Act;
(b)
subject to paragraph (a) of this sub-clause the State and the Minister
respectively shall have all the powers discretions and authorities necessary
or requisite to enable them to carry out and perform the powers discretions
authorities and obligations conferred or imposed upon them respectively
hereunder;
(c) no
future Act of the said State will operate to increase the Company’s
liabilities or obligations hereunder with respect to rents or royalties; and
(d) the
State may as for a public work under the Public Works Act 1902 resume any
land or any estate or interest in land required for the purposes of this
Agreement and may lease or otherwise dispose of the same to the Company.
Company to submit Proposals 3 .
4. (1) By 31st
December 1968 (or such extended date if any as the Minister may approve) the
Company will (unless and to the extent otherwise agreed by the Minister)
submit to the Minister to the fullest extent reasonably practicable its
detailed proposals (including plans where practicable and specifications where
reasonably required by the Minister) with respect to the mining by the Company
of iron ore from the mining areas (or so much thereof as shall be comprised
within the mineral lease) during the three (3) years next following the
commencement of such mining with a view to the transport and shipment of the
iron ore mined and its outline proposals with respect to such mining during
the next following seven (7) years; including the location area lay-out design
number materials and time programme for the commencement and completion of
construction or the provision (as the case may be) of each of the following
matters namely —
(a) any
further harbour and port development;
(b) the
railway between the mining areas and the Company’s existing railway from
Tom Price to Dampier including fencing (if any) and crossing places;
(c)
townsites on the mining areas and development services and facilities in
relation thereto;
(d)
housing;
(e)
water supply;
(f)
roads (including details of any roads in respect of which it is not intended
that the provisions of clause 10(2)(b) of the Principal Agreement as applying
to this Agreement shall operate);
(g) any
other works services or facilities proposed or desired by the Company.
(2) The Company shall
have the right to submit to the Minister its detailed proposals aforesaid in
regard to a matter or matters the subject of any of the paragraphs (a) to (g)
inclusive of sub-clause (1) of this clause as and when the detailed proposals
become finalised by the Company PROVIDED THAT where any such matter is the
subject of a paragraph which refers to more than one subject matter the
detailed proposals will relate to and cover each of the matters mentioned in
the paragraph.
Consideration of Company’s Proposals 3 .
5. (1) Within one (1)
month after receipt of any of the detailed proposals required to be submitted
by the Company pursuant to clause 4(1) hereof the Minister shall give to the
Company notice either of his approval of the proposals submitted or of
alterations desired thereto and in the latter case shall afford to the Company
opportunity to consult with and to submit new proposals to the Minister. The
Minister may make such reasonable alterations to or impose such reasonable
conditions on the proposals or new proposals (as the case may be) as he shall
think fit having regard to the circumstances including the overall development
and use by others as well as the Company but the Minister shall in any notice
to the Company disclose his reasons for any such alteration or condition.
Within two (2) months of the receipt of the notice the Company may elect by
notice to the State to refer to arbitration and within two (2) months
thereafter shall refer to arbitration as provided in clause 25 of the
Principal Agreement as applying to this Agreement any dispute as to the
reasonableness of any such alteration or condition. If by the award on
arbitration the dispute is decided against the Company then unless the Company
within three (3) months after delivery of the award satisfies and obtains the
approval of the Minister as to the matter or matters the subject of the
arbitration this Agreement (other than clause 15 hereof) shall on the
expiration of that period of three (3) months cease and determine (save as
provided in clause 11(d) of the Principal Agreement as applying to this
Agreement) but if the question is decided in favour of the Company the
decision will take effect as a notice by the Minister that he is so satisfied
with and approves the matter or matters the subject of the arbitration.
(2) Notwithstanding
that under sub-clause (1) of this clause any detailed proposals required to be
submitted by the Company pursuant to clause 4(1) hereof are approved by the
Minister or determined by arbitration award unless each and every such
proposal is so approved or determined by the 28th day of February, 1969, or by
such extended date if any as the Company shall be entitled to or shall be
granted pursuant to the provisions hereof then at any time after the said 28th
day of February 1969 or last such extended date as the case may be the
Minister may give to the Company twelve (12) months notice of intention to
determine this Agreement and unless before the expiration of the said twelve
(12) months period all such proposals are so approved or determined this
Agreement (other than clause 15 hereof) shall cease and determine subject
however to the provisions of clause 11(d) of the Principal Agreement as
applying to this Agreement.
Obligations of the State — Rights of Occupancy 3 .
6. (1) The State shall
forthwith (subject to the surrender of the rights of occupancy as referred to
in clause 4(2) of the agreement secondly referred to in the First Schedule
hereto) cause to be granted to the Company and to the Company alone rights of
occupancy for the purposes of this Agreement (including the sole right to
search and prospect for iron ore) over the whole of the mining areas under
Section 276 of the Mining Act at a rental at the rate of eight dollars ($8)
per square mile per annum payable quarterly in advance for the period expiring
on 31st December, 1968, and shall then and thereafter subject to the
continuance of this Agreement cause to be granted to the Company as may be
necessary successive renewals of such last-mentioned rights of occupancy (each
renewal for a period of twelve months at the same rental and on the same
terms) the last of which renewals shall notwithstanding its currency expire
—
(i)
on the date of grant of a mineral lease to the Company
under sub-clause (2) hereof;
(ii)
on the expiration of five years from the date hereof; or
(iii)
on the determination of this Agreement pursuant to its
terms;
whichever shall first happen.
(2) The State shall as
soon as conveniently may be after all the proposals required to be submitted
by the Company pursuant to clause 4(1) hereof have been approved or determined
pursuant to clause 5 hereof —
Mineral lease 3 .
(a)
after application is made by the Company for a mineral lease of any part or
parts (not exceeding in total area fifty (50) square miles and in the shape of
a rectangular parallelogram or parallelograms or as near thereto as is
practicable) of the mining areas in conformity with the Company’s
detailed proposals under clause 4 hereof as finally approved or determined
cause any necessary survey to be made of the land so applied for (the cost of
which survey to the State will be recouped or repaid to the State by the
Company on demand after completion of the survey) and shall cause to be
granted to the Company a mineral lease of the land so applied for
(notwithstanding the survey in respect thereof has not been completed but
subject to such corrections as may be necessary to accord with the survey when
completed) for iron ore in the form of the Second Schedule hereto for a term
which subject to the payment of rents and royalties hereinafter mentioned and
to the performance and observance by the Company of its obligations under the
mineral lease and otherwise under this Agreement shall be for a period of
twenty-one (21) years commencing from the date of application by the Company
therefor with rights to successive renewals of twenty-one (21) years upon the
same terms and conditions but subject to earlier determination upon the
cessation or determination of this Agreement PROVIDED HOWEVER that the Company
may from time to time (without abatement of any rent then paid or payable in
advance) surrender to the State any portion or portions (of reasonable size
and shape) of the mineral lease;
(b)
subject to and in accordance with the said proposals as finally approved or
determined —
Lands 3 .
(i)
grant to the Company for such terms or periods and on
such terms and conditions (including renewal rights) as subject to the
proposals (as finally approved or determined as aforesaid) shall be reasonable
having regard to the requirements of the Company hereunder and to the overall
development of and access to and use by others of lands the subject of any
grant to the Company and of services and facilities provided by the Company
at peppercorn rental — special leases of
Crown lands for the townsite and for a railway from the vicinity of the mining
areas to the Company’s existing railway at or near Tom Price; and
at rentals as prescribed by law or as are
otherwise reasonable — leases, rights, mining tenements, easements,
reserves and licences in on or under Crown lands under the Mining Act or under
the provisions of the Land Act modified as in sub-clause (3) of this clause
provided (as the case may require) as the Company reasonably requires for its
works and operations hereunder including the construction or provision of the
railway roads an airstrip water supplies and stone and soil for construction
purposes; and
(ii)
provide any services or facilities subject to the
Company’s bearing and paying the capital cost involved and reasonable
charges for operation and maintenance except operation charges in respect of
education, hospital and police services and except where and to the extent
that the State otherwise agrees —
subject to such terms
and conditions as may be finally approved or determined as aforesaid PROVIDED
that from and after the expiration of the fifteenth year after the date when
the Company first exports iron ore won from the mineral lease (other than iron
ore exported solely for testing purposes) or the twentieth anniversary of the
date hereof whichever shall first occur the Company will in addition to the
rentals already referred to in this paragraph pay to the State during the
currency of the mineral lease after that date a rental (which if the Company
so requests shall be allocated in respect of such one or more of the special
leases or other leases granted to the Company hereunder and remaining current)
equal to twenty-five cents (25c) per ton on all iron ore or (as the case may
be) all iron ore concentrates in respect of which royalty is payable under
this Agreement in any financial year such additional rental to be paid within
three (3) months after shipment sale use or production as the case may be of
the iron ore or iron ore concentrates;
(c) On
application by the Company cause to be granted to it such machinery and
tailings leases (including leases for that dumping of overburden) and such
other leases licences reserves and tenements under the Mining Act or under the
provisions of the Land Act modified as in sub-clause (3) of this clause
provided as the Company may reasonably require and request for its purposes
under this Agreement on or near the mineral lease.
(3) For the purpose of
paragraphs (b)(i) and (c) of sub-clause (2) of this clause the Land Act shall
be deemed to be modified as set out in clause 9(2) of the Principal Agreement.
(4) The provisions of
sub-clause (3) of this clause shall not operate so as to prejudice the rights
of the State to determine any lease license or other right or title in
accordance with the other provisions of this Agreement.
Application of clauses 9(4) and (5) of Principal Agreement 3 .
(5) The provisions of
sub-clauses (4) and (5) of clause 9 of the Principal Agreement shall apply to
and be deemed to be incorporated in this Agreement as if the references to
“this Agreement” and “the mineral lease” contained in
the said sub-clauses were references to this Agreement and the mineral lease
respectively and as if in paragraph (f) of the said sub-clause (4) the word
“foregoing” were deleted therefrom and the figures
“4(1)” were substituted for the figures “5(1)” and as
if in the said sub-clause (5) the words “of the Principal Agreement as
applying to this Agreement” were substituted for the word
“hereof”.
Obligations of the Company 3 .
To Construct 3 .
7. (1) Subject to
sub-clauses (2) and (3) of this clause the Company shall by the end of new
Hamersley year 7 at a cost of not less than fifty million dollars
($50,000,000) construct (and shall actually commence construction by the end
of new Hamersley year 4 and shall progressively continue the construction in
accordance with the reasonable requirements of the Minister having regard to
the obligation of the Company to complete the construction within the period
specified in this sub-lease) instal provide and do all things necessary to
enable it to mine from the mineral lease and to transport by rail to the
Company’s wharf and to commence shipment therefrom in commercial
quantities at an annual rate of not less than one million (1,000,000) tons of
iron ore and without lessening the generality of this provision the Company
shall by the end of new Hamersley year 7 —
(a)
construct instal and provide upon the mineral lease or in the vicinity thereof
mining plant and equipment crushing screening stockpiling and car loading
plant and facilities power house workshop and other things of a design and
capacity adequate to enable the Company to mine handle load and deal with not
less than three thousand (3,000) tons of iron ore per diem;
(b)
actually commence to mine and transport by rail iron ore from the mineral
lease so that the average annual rate during the first two years shall not be
less than one million (1,000,000) tons;
(c)
subject to the State having assured to the Company all necessary rights in or
over Crown lands available for the purpose construct in a proper and
workmanlike manner and in accordance with recognised standards of railways of
a similar nature operating under similar conditions and along a route approved
or determined under clause 5 hereof (but subject to the provisions of the
Public Works Act 1902 to the extent that they are applicable) a four feet
eight and one-half inches (4 ft. 8½ in.) gauge railway (with all
necessary signalling switch and other gear and all proper or usual works) from
the mining areas to the Company’s existing railway from Tom Price to
Dampier and provide for crossing places and the running of such railway with
sufficient and adequate locomotives freight cars and other railway stock and
equipment to haul at least one million (1,000,000) tons of iron ore per annum
to the Company’s existing railway aforesaid;
(d)
subject to the State having assured to the Company all necessary rights in or
over Crown lands or reserves available for the purpose construct by the said
date such new roads as the Company reasonably requires for its purposes
hereunder of such widths with such materials gates crossings and passovers for
cattle and for sheep and along such routes as the parties hereto shall
mutually agree after discussion with the respective shire councils through
whose districts any such roads may pass and subject to prior agreement with
the appropriate controlling authority (being a shire council or the
Commissioner of Main Roads) as to terms and conditions the Company may at its
own expense and risk except as otherwise so agreed upgrade or realign any
existing road;
(e) in
accordance with the Company’s proposals as finally approved or
determined under clause 5 hereof and as require the Company to accept
obligations —
(i)
carry out any further harbour and port development;
(ii)
lay out and develop a townsite and provide adequate and
suitable housing recreational and other facilities and services;
(iii)
construct and provide roads housing school water and
power supplies and other amenities and services; and
(iv)
construct and provide other works (if any) including an
airstrip.
(2) If at the end of
new Hamersley year 3 the maximum number of tons of iron ore, iron ore
concentrates and metallised agglomerates which the Company is or could become
obligated to deliver during new Hamersley year 4 under all long term contracts
existing at the end of new Hamersley year 3 exceeds by seven million five
hundred thousand (7,500,000) tons or more the maximum number of tons of iron
ore and iron ore concentrates which the Company now is or could become
obligated to deliver during new Hamersley year 4 under all Presently existing
long term contracts then sub-clause (1) of this clause shall thenceforth be
read construed and take effect as if the passage “new Hamersley year
6” were substituted for the passage “new Hamersley year 7”
where twice occurring therein.
(3) If at the end of
new Hamersley year 4 the maximum number of tons of iron ore, iron ore
concentrates and metallised agglomerates which the Company is or could become
obligated to deliver during new Hamersley year 5 under all long term contracts
existing at the end of new Hamersley year 4 does not exceed by seven million
five hundred thousand (7,500,000) tons or more the maximum number of tons of
iron ore and iron concentrates which the Company now is or could become
obligated to deliver during new Hamersley year 5 under all presently existing
long term contracts then sub-clause (1) of this clause shall thenceforth be
read construed and take effect as if the passage “new Hamersley year 8
or such later time (if any) as the Minister may approve” were
substituted for the Passage “new Hamersley year 7” where twice
occurring therein and as if the passage “new Hamersley year 5 or such
later time (if any) as the Minister may approve” were substituted for
the passage “new Hamersley year 4” where occurring therein. For
the purpose of this sub-clause and sub-clause (2) of this clause a long term
contract is one which has a currency of not less than three (3) years from the
relevant date.
Application of clause 10(2) of Principal Agreement 3 .
(4) The provisions of
paragraphs (a), (b), (c), (d), (e), (g), (i), (j), (k), (n) and (o) of clause
10(2) of the of the Principal Agreement shall apply to and be deemed to be
incorporated in this Agreement as if —
(a) the
first reference in the said Clause 10(2) to “this Agreement” were
a reference to the clauses of this Agreement other than clause 15 hereof and
the other references therein to “this Agreement” were references
to this Agreement;
(b) the
references in the said clause 10(2) to “the mineral lease” were
references to the mineral lease;
(c) the
reference to “its railway” in the said paragraph (a) were a
reference to any railway constructed by the Company and extending from the
mining areas to the Company’s existing railway at or near Tom Price;
(d) in
the said paragraph (b) the word “hereunder” were substituted for
the words “under clause 6 or clause 7 hereof”;
(e) in
the said paragraph (d) the words “wharf” and
“dredging” were deleted therefrom and the word
“hereof” were altered to read “of the Principal Agreement as
applying to this Agreement”;
(f) in
the said paragraph (k) the words “commencing with the quarter day next
following the first commercial shipment of iron ore from the Company’s
wharf” were deleted therefrom:
(g) in
sub-paragraph (ii) of the proviso to the said paragraph (o) there were
inserted after the word “not” the following, namely
“together with the tonnage of ore so processed as mentioned in
sub-paragraph (ii) of the proviso to paragraph (o) of the Principal
Agreement”.
Rent for Mineral Lease 3 .
(5) Throughout the
continuance of the mineral lease the Company shall pay to the State —
(a) By
way of rent for the mineral lease annually in advance a sum equal to
thirty-five cents (35c) per acre of the area for the time being the subject of
the mineral lease commencing on and accruing from the commencement of the term
of the mineral lease; and
(b) the
rental referred to in the proviso to clause 6(2)(b) hereof if and when such
rental shall become payable.
Application of Clause 10(3) of Principal Agreement 3 .
(6) The provisions of
clause 10(3) of the Principal Agreement shall apply to and be deemed to be
incorporated in this Agreement as if the following passage, namely clauses
10(2)(a) and 11(a) of the Principal Agreement as applying to this
Agreement” were substituted for the passage therein beginning
“paragraphs (a) and (f)” and ending “clause 11(a)
hereof”;
Application of Clause 11 of the Principal Agreement (Mutual covenants) 3 .
8. The provisions of clause 11 (other than
paragraph (1) thereof) of the Principal Agreement shall apply to and be deemed
to be incorporated in this Agreement as if —
(a) all
references in the said provisions to “this Agreement” and to
“the mineral lease” were references to this Agreement and the
mineral lease respectively;
(b) in
paragraph (a) of the said clause 11 the figure “5” were
substituted for the figure “7”;
(Effect of Determination of this Agreement) 3 .
(c) in
paragraph (d) of the said clause 11: —
(i)
sub-paragraph (iii) were deleted therefrom and the
following sub-paragraph substituted therefor —
(iii)
Any amendment to clause 13 of the Principal Agreement
resulting from the operation of clause 14 hereof shall cease to take effect
but the Principal Agreement shall continue to bear any construction that may
have been placed on it pursuant to clause 13 hereof and shall continue to
operate and have effect as amended by clause 15 hereof.
(ii)
the words “clause 8(4) of the Principal Agreement
as applying to this Agreement” were substituted for the words
“clause 8(4) hereof”;
(d) in
paragraph (e) of the said clause 11 the word “hereof” were deleted
and the words “of the Principal Agreement as applying to this
Agreement” were substituted therefor and the words “for the
Company’s wharf for any installation within the harbour” and the
words “port or port” were deleted therefrom.
Metallised Agglomerates 3 .
9. (1) The Company
will subject always to the provisions of clause 10 hereof —
(a)
before the end of new Hamersley year 2 submit to the Minister detailed
proposals for the establishment within the said State of plant for the
production of metallised agglomerates containing provision that such plant
will by the end of new Hamersley year 4 have the capacity to produce not less
than one million (1,000,000) tons of metallised agglomerates annually;
(b)
before the end of new Hamersley year 7 submit to the Minister detailed
proposals for the expansion of the productive capacity of such plant to not
less than two million (2,000,000) tons of metallised agglomerates annually by
the end of new Hamersley year 9; and
(c)
before the end of new Hamersley year 10 submit to the Minister detailed
proposals for the further expansion of the productive capacity of such plant
to not less than three million (3,000,000) tons of metallised agglomerates
annually by the end of new Hamersley year 12.
(2) The Minister shall
within two (2) months of the receipt of each of such proposals give to the
Company notice either of his approval of those proposals (which approval shall
not unreasonably be withheld) or of any objections raised or alterations
desired thereto and in the latter case shall afford the Company an opportunity
to consult with and to submit new proposals to the Minister. If within two (2)
months of receipt of such notice, agreement is not reached as to the proposals
the Company may within a further period of two (2) months elect by notice to
the State to refer to arbitration as provided in clause 25 of the Principal
Agreement as applying to this Agreement any dispute as to the reasonableness
of the Minister’s decision. If by the award on arbitration the question
is decided in favour of the Company the Minister shall be deemed to have
approved the proposals of the Company.
(3) The Company will
(except to the extent otherwise agreed with the Minister and subject always to
clause 10 hereof) within the respective times specified in paragraphs (a), (b)
and (c) of sub-clause (1) hereof complete the construction of plant in
accordance with such proposals as finally approved or determined under this
clause.
(4) The arbitrator
arbitrators or umpire (as the case may be) of any submission to arbitration
hereunder is hereby empowered upon application by either party hereto to grant
any interim extension of time or date referred to herein which having regard
to the circumstances may reasonably be required in order to preserve the
rights of either or both the parties hereunder and an award in favour of the
Company may in the name of the Minister grant any further extension of time
for that purpose.
If metallised agglomerates not feasible 3 .
10. (1) If the Company
at any time considers that the construction of plant for the production of
metallised agglomerates or, as the case may be, the expansion or the further
expansion of the productive capacity of such plant as required to be proposed
or as required pursuant to any proposals finally approved or determined under
clause 9 hereof (hereinafter called “the metallising operation”)
is for any technical economic and/or other reason not feasible then the
Company may (without prejudice to its rights (if any) under clause 23 of the
Principal Agreement as applying to this Agreement) submit to the Minister the
reasons why it considers the metallising operation is not feasible, together
with supporting data and other information.
(2) Within two (2)
months after receipt of a submission from the Company under sub-clause (1) of
this clause the Minister shall notify the Company whether or not he agrees
with its submission.
(3) If the Minister
notifies the Company that he does not agree with its submission then at the
request of the Company made within two (2) months after receipt by the Company
of the notification from the Minister, the Minister will appoint a tribunal
(hereinafter called “the Tribunal”) of three persons (one of whom
shall be a Judge of the Supreme Court of Western Australia or falling him a
Commissioner appointed pursuant to section 49 of the Supreme Court Act 1935
and the others of whom shall have appropriate technical or economic
qualifications) to decide whether or not the metallising operation is feasible
and the Tribunal in reaching its decision shall take into account ( inter alia
) the Company’s submission, the amount of capital required for the
metallising operation, the availability of that capital at that time on
reasonable terms and conditions, the likelihood of the Company being able to
sell metallised agglomerates at sufficient prices and in sufficient quantities
and for a sufficient period to justify the metallising operation having regard
to the amount and rate of return on total funds that would be involved in or
in connection with the production and sale of metallised agglomerates by the
Company and the comparable amount and rate of return on total funds employed
in comparable metallurgical processes in Australia.
(4) If the Minister
notifies the Company that he agrees with its submission or if on reference to
the Tribunal the Tribunal decides that the metallising operation is not
feasible then —
(a) the
Company will not have any obligation or further obligation to submit proposals
in respect of the metallising operation as provided in clause 9 hereof or to
carry out such proposals in respect thereof as may have been finally approved
or determined pursuant to that clause; and
(b) the
Minister and the Company will forthwith confer with a view to agreeing on the
substitution for the Company’s obligations in respect of the metallising
operation the obligation to carry out some feasible operation (related
directly to the mining and metallurgical industry) representing an economic
development within the said State approximately equivalent to the metallising
operation.
(5) If within two (2)
months after the Minister notifies the Company that he agrees with its
submission or (as the case may be) within two (2) months after the Tribunal
has announced its decision that the metallising operation is not feasible the
Minister and the Company have not reached agreement under paragraph (b) of
sub-clause (4) of this clause then the Minister will instruct the Tribunal to
decide whether any and if so what other feasible operation of the kind
referred to in that paragraph is capable of being and should be undertaken by
the Company and the Tribunal in reaching its decision thereon shall have
regard to any submissions made to it by the Minister and by the Company and
also ( inter alia ) to the amount of capital required for such other
operation, the availability of that capital at that time on reasonable terms
and conditions, the likelihood of the Company being able to sell the product
of such operation at sufficient prices and in sufficient quantities and for a
sufficient period to justify the same having regard to the amount and rate of
return on total capital that would be involved in or in connection with that
other operation and the comparable amount and rate of return on total funds
employed in comparable processes in Australia.
(6) If the Minister
and the Company reach agreement under paragraph (b) of sub-clause (4) of this
clause or if on reference to the Tribunal under sub-clause (5) of this clause
the Tribunal decides that some other feasible operation is capable of being
and should be undertaken by the Company then this Agreement shall be altered
to give effect to that agreement or as the case may be that decision and the
Company shall be obliged to comply with the obligations imposed on it as a
result of such alteration.
(7) If the Company
makes a submission to the Minister under sub-clause (1) of this clause then
the period from the time of making that submission to the time when the
Minister notifies the Company that he does not agree with its submission or
(if the Company requests the Minister as provided in sub-clause (3) of this
clause) to the time (if any) when the Tribunal decides that the metallising
operation is feasible shall be added to the respective times by which the
Company is required to comply with its obligations under clause 9 hereof.
(8) The Company may
invoke the foregoing provisions of this clause at any time and from time to
time in respect of all or any of its obligations arising under or pursuant to
clause 9 hereof and the references to the metallising operation in those
provisions shall as the case may require be read and construed as referring to
the one or more of those obligations in respect of which those provisions are
invoked by the Company.
Application of other clauses of Principal Agreement 3 .
11. (1) The provisions
of clauses 8(1), 18, 19, 20, 20A, 20B, 20C, 21, 23, 24, 25, 26, and 28 of the
Principal Agreement shall apply to and be deemed to be incorporated in this
Agreement as if all references in those clauses to “this
Agreement” and “the mineral lease” were references to this
Agreement and the mineral lease respectively.
(2) The provisions of
clause 8(4) of the Principal Agreement shall apply to and be deemed to be
incorporated in this Agreement as if the following passages, namely,
“clause 5” and “grant of the mineral lease” were
substituted for the passages “clause 7” and “commencement
date” therein respectively.
(3) The provisions of
clause 27 of the Principal Agreement shall apply to and be deemed to be
incorporated in this Agreement as if all references in that clause to
“this Agreement” were references to this Agreement and as if the
following passages, namely, “clause 20 of the Principal Agreement as
applying to this Agreement” and “clause 2(a) hereof” were
substituted for the passages “clause 20 hereof” (where twice
appearing) and “clause 2(b) hereof” therein respectively.
Default 3 .
12. The parties covenant and agree with each other
that in any of the following events namely if the Company shall make default
in the due performance or observance of any of its covenants or obligations to
the State in or under this Agreement or of its covenants or obligations in or
under the Principal Agreement or of its covenants or obligations in or under
any lease sub-lease licence or other title or document granted or assigned
under this Agreement 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 (or if the alleged default is contested by the
Company and promptly submitted to arbitration within a reasonable time fixed
by the arbitration award where the question is decided against the Company the
arbitrator finding that there was a bona fide dispute and that the Company had
not been dilatory in pursuing the arbitration) or if the Company shall abandon
or repudiate its operations under this Agreement or shall go into liquidation
(other than a voluntary liquidation for the purposes of reconstruction) or if
the Company shall surrender the entire mineral lease as permitted under clause
6(2)(a) hereof then and in any of such events the State may by notice to the
Company given at any time determine this Agreement (other than clause 15
hereof) and the rights of the Company hereunder and under any lease licence
easement or right granted hereunder or pursuant hereto shall thereupon
determine PROVIDED HOWEVER that —
(a) if
the Company shall fail to remedy any default (other than a default in
complying with the provisions of clauses 9 or 10 hereof) after such notice or
within the time fixed by the arbitration award as aforesaid the State instead
of determining this Agreement as aforesaid because of such default may itself
remedy such default or cause the same to be remedied (for which purpose the
State by agents workmen or otherwise shall have full power to enter upon lands
occupied by the Company and to make use of all plant machinery equipment and
installations thereon) and the costs and expenses incurred by the State in
remedying or causing to be remedied such default shall be a debt payable by
the Company to the State on demand;
(b) the
State shall not be entitled to determine this Agreement as aforesaid on
account of any default by the Company in the due performance or observance of
any of its covenants or obligations to the State under clause 9 hereof or of
any of its obligations substituted therefor under clause 10 hereof until such
time as the State has given notice of such default to the Company and the
following period has elapsed since the giving of such notice —
(i)
if the notice of default is given in respect of the
Company’s obligations under clause 9(1)(a) hereof or of any of its
obligations substituted therefor under clause 10 hereof or its relative
construction obligations under clause 9(3) hereof then the period during which
the Company exports from the said State fifty million (50,000,000) tons of
iron ore won from the mineral lease or a period of ten (10) years whichever
first elapses;
(ii)
if the notice of default is given in respect of the
Company’s obligations under clause 9(1)(b) hereof or of any of its
obligations substituted therefor under clause 10 hereof or its relative
construction obligations under clause 9(3) hereof then the period during which
the Company exports from the said State thirty seven million five hundred
thousand (37,500,000) tons of iron ore won from the mineral lease or a period
of seven (7) years and six (6) months which ever first elapses;
(iii)
if the notice of default is given in respect of the
Company’s obligations under clause 9(1)(c) hereof or of any of its
obligations substituted therefor under clause 10 hereof or its relative
construction obligations under clause 9(3) hereof then the period during which
the Company exports from the said State twenty five million (25,000,000) tons
of iron ore won from the mineral lease or a period of five (5) years whichever
first elapses;
provided that in each
case the period shall be extended by such further period as may be necessary
to enable the Company to fulfil any contract or contracts for the sale of iron
ore won from the mineral lease which it has entered into with the consent of
the Minister.
(c) in
no event shall any default by the Company in the due performance or observance
of any of its covenants or obligations to the State in or under this Agreement
or of its covenants or obligations under clause 13 of the Principal Agreement
if and while amended by clause 14 of this Agreement or of its covenants or
obligations in or under any lease sub-lease licence or other title or document
granted or assigned under this Agreement on its part to be performed or
observed entitle the State to determine the Principal Agreement or any rights
of the Company thereunder or under any lease licence easement or right granted
thereunder or pursuant thereto.
Company’s obligations under Clauses 13 to 17 of Principal Agreement may
be suspended 3 .
13. (1) If Mount Bruce
Mining Pty. Limited gives notice pursuant to clause 5(1) of the agreement
secondly referred to in the First Schedule hereto and a mineral lease is
granted by the State pursuant to clause 8(1) of the agreement (as amended)
firstly referred to in that Schedule (which in agreement is hereinafter
referred to as “the Hanwright Agreement”) then the operation of
clauses 13 to 17 (both inclusive) of the Principal Agreement shall be
suspended until such time as the Minister —
(a)
gives notice pursuant to clause 11K of the Hanwright Agreement in which case
the provisions of sub-clause (2) of this clause shall take effect, or
(b)
fails to give such notice in which case the Principal Agreement shall
thenceforth be read and construed as if the said clauses 13 to 17 (both
inclusive) were deleted from the Principal Agreement.
(2) If the Minister
gives notice pursuant to clause 11K of the Hanwright Agreement he shall at the
same time or as soon as reasonably possible thereafter give a copy of such
notice to the Company and from and after the giving of such copy notice the
suspension of the operation of the said clauses 13 to 17 (both inclusive) of
the Principal Agreement shall cease and the said clauses shall recommence to
operate and thereafter shall be read and construed and take effect as if the
word “Hanwright” were inserted before the word “year”
wherever appearing in the said clause 13 and as if each numeral appearing
therein immediately after the word “year” were a numeral one more
than the corresponding numeral in the corresponding provisions in clause 11E
of the Hanwright Agreement and any reference in the said clause 13 to
“Hanwright year” followed by a numeral shall have the same meaning
as a reference to “year” followed by the same numeral would have
had if that clause 11E had continued to operate in the Hanwright Agreement.
Acceleration of Company’s obligations under Principal Agreement 3 .
14. Subject to clause 13(1)(b) hereof if before
the first day of January 1977 the State gives to the Company notice that it is
willing to supply the Company at all times from the commencement of the first
day of January 1986 and thereafter during the continuance in operation of the
Principal Agreement with all the Company’s requirements for electrical
power within a radius of thirty miles from the Post Office at Dampier in the
said State (including all electrical power from time to time required by the
Company for secondary processing, for the production of iron and/or steel and
for all ancillary purposes including crushing, screening and loading, and the
operation of any harbour or harbours but not including electrical power from
time to time required by the Company for any townsite or townsites established
or to be established by the Company) at a total cost to the Company of five
tenths of a cent (0.5c) per kilowatt hour and supplied by the State at points
reasonably adjacent to the respective places at which it is from time to time
required by the Company, then the State and the Company will forthwith enter
into an agreement for the supply of such electrical power accordingly, and
from and after the date when such agreement is entered into and so long as the
State complies with all its obligations under the said agreement clause 13 of
the Principal Agreement shall be read construed and take effect as if each
numeral appearing therein immediately after the word “year” were a
numeral six less than each such numeral PROVIDED that upon the grant by the
State of a mineral lease to Mount Bruce Mining Pty. Limited pursuant to clause
8(1) of the Hanwright Agreement this clause shall be read construed and take
effect as if the words and figures “six tenths of a cent (0.6c)”
were substituted for the words and figures “five tenths of a cent
(0.5c)” appearing in this clause and any electricity supply agreement
then entered into between the State and the Company pursuant to this clause
shall be correspondingly amended from and after that time.
Further Amendments to Principal Agreement 3 .
15. The Principal Agreement is hereby amended as
follows —
(1) by inserting after
the definition of “integrated iron and steel industry” in clause 1
thereof the following definition —
“iron ore concentrates” means products
(whether in pellet or other form) resulting from secondary processing but does
not include metallised agglomerates;
(2) by inserting after
the definition of “ Land Act” in clause 1 thereof the following
definition —
“metallised agglomerates” means
products resulting from the reduction of iron ore or iron ore concentrates by
any method whatsoever and having an iron content of not less than eighty five
per cent. (85%);
(3) by adding the
following words at the end of the definition of “secondary
processing” in clause 1 thereof —
and pelletisation and
the production of metallised agglomerates;
(4) by inserting in
clause 9(1)(a) thereof before the word “parallelogram” the word
“rectangular” and after the word “parallelograms” the
words “or as near thereto as is practicable”;
(5) by inserting after
the words “the Company’s wharf” in clause 10(2)(e) thereof
the words “or from any other wharf constructed by the Company within a
distance of three (3) miles (or such further distance as may be approved by
the Minister) from the Company’s wharf”;
(6) by substituting
for the passage “on direct shipping ore (not being locally used
ore)” in clause 10(2)(j)(i) thereof the passage “on direct
shipping ore and on fine ore and fines where such fine ore or fines are not
sold and shipped separately as such (not being locally used ore)”;
(7) by substituting
for the passage “on fine ore (not being locally used ore)” in
clause 10(2)(j)(ii) thereof the passage “on fine ore sold and shipped
separately as such (not being locally used ore)”;
(8) by substituting
for the passage “on fines (not being locally used ore)” in clause
10(2)(j)(iii) thereof the passage “on fines sold and shipped separately
as such (not being locally used ore)”;
(9) by substituting
for sub-paragraph (iv) of clause 10(2)(j) thereof the following sub-paragraph
—
(iv)
on locally used ore (not being iron ore used for
producing iron ore concentrates) and on iron ore concentrates produced from
locally used ore and shipped or sold or used in an integrated iron and steel
industry or in plant for the production of metallised agglomerates (other than
iron ore concentrates shipped solely for testing purposes) at the rate of
fifteen cents (15c) per ton;
(10) by adding the
words “separately as such” after the words “shipped or
sold” where twice appearing in clause 10(2)(j)(vii) thereof;
(11) by adding the
following words at the end of paragraph (j) of clause 10(2) thereof, namely
—
Where iron ore concentrates are produced from an
admixture of iron ore from the mineral lease and other iron ore a portion (and
a portion only) of the iron ore concentrates so produced being equal to the
proportion that the amount of iron in the iron ore from the mineral lease used
in the production of those iron ore concentrates bears to the total amount of
iron in the iron ore so used shall be deemed to be produced from iron ore from
the mineral lease;
(12) by substituting
for the words “the subject of” (where thrice appearing),
“ore processed” (where twice appearing) and “so
processed” in sub-paragraphs (i), (ii) and (iii) of clause 10(2)(o)
thereof the words “used in”, “ore so used” and
“so used” respectively;
(13) by inserting the
following clauses immediately after clause 20 thereof —
20A. Notwithstanding
the provisions of section 82 of the Mining Act and of regulations 192 and 193
made thereunder and of section 81D of the Transfer of Land Act 1893 in so far
as the same or any of these may apply —
(a) no
mortgage or charge in a form commonly known as a floating charge made or given
pursuant to clause 20 hereof over any lease, licence, reserve or tenement
granted hereunder or pursuant hereto by the Company or any assignee or
appointee who has executed, and is for the time being bound by deed of
covenant made pursuant to clause 20 hereof;
(b) no
transfer or assignment made or given at any time in exercise of any power of
sale contained in any such mortgage or charge;
shall require any approval or consent (other than
such consent as may be necessary under clause 20 hereof and no such mortgage
or charge shall be rendered ineffectual as an equitable charge by the absence
of any approval or consent (otherwise than as required by clause 20 hereof) or
because the same is not registered under the provisions of the Mining Act 1904
;
20B. The Company may
arrange for any obligation undertaken or to be undertaken by the Company
hereunder (including any obligation to erect a plant or plants for the
production of or any obligation to produce iron ore pellets, metallised
agglomerates, pig iron, foundry iron or steel and any obligation to construct
a railway and/or to provide locomotives freight cars and other railway stock
and equipment therefor) to be undertaken either wholly or partially by any
associated company or associated companies or with the Minister’s
consent (which consent shall not be unreasonably withheld) by any other
company or companies and fulfilment of any such obligation in whole or in part
by such associated company or associated companies or by that other company or
companies shall be deemed to be fulfilment (wholly or partially as the case
may be) of that obligation by the Company hereunder. Where such associated
company or associated companies or such other company or companies now has or
at some future time has installed or provided a plant or plants for the
production of iron ore pellets, metallised agglomerates, pig iron, foundry
iron or steel or a railway or any other facilities any increase in the
capacity of such plant, plants, railway or other facilities which is carried
out under arrangements made by the Company with such associated company or
associated companies or (with the consent of the Minister as aforesaid) with
such other company or companies shall to the extent of the increase reduce or
(as the case may be) extinguish the obligation of the Company to provide such
capacity.
20C. (1)
The Minister may with the consent of the Company from time to
time add to cancel or vary any right or obligation relating to works for the
transport and/or export of ore or pellets or the production or transport or
export of metallised agglomerates or steel to the extent that the addition
cancellation or variation implements or facilitates the method of achieving
any of the purposes of production or transport or export of ore or pellets or
metallised agglomerates or steel produced from ore from the mineral lease.
(2)
The Company shall be entitled at any time and from time to time
with the prior approval in writing of the Minister to enter into an agreement
with any third party for the joint construction maintenance and user or for
the joint user only of any work constructed or agreed to be constructed by the
Company pursuant to the terms of this Agreement or by such other party
pursuant to any agreement entered into by it with the State and in any such
event any amount expended in or contributed to the cost of such construction
by the Company shall for the purpose of the calculation of the sum agreed to
be expended on that work by the Company under this agreement and if so
approved by the Minister be taken and accepted as an amount equal to the total
amount expended (whether by the Company or the said third party or by them
jointly) in the construction of such work.
(3)
When any agreement entered into by the Company with some other
company or person results in that other company or person discharging all or
any of the obligations undertaken by the Company under this Agreement or
renders it unnecessary for the Company to discharge any obligation undertaken
by it hereunder the Minister will discharge or temporarily relieve the Company
from such part of its said obligations as is reasonable having regard to the
extent of any period for which the other company or person actually effects
the discharge of those obligations.
(14) by substituting
for the passage commencing “and inability” and ending “sell
ore” in clause 23 thereof the words —
inability (common in the iron ore export industry)
to profitably sell ore inability to profitably sell metallised agglomerates;
FIRST SCHEDULE
FIRSTLY The agreement under seal made the eleventh day of August 1967 between
the Honourable David Brand, M.L.A., Premier and Treasurer of the State of
Western Australia acting for and on behalf of the said State of the one part
and Hancock Prospecting Pty. Ltd. and Wright Prospecting Pty. Ltd. of the
other part, a copy of which agreement is set out in the Schedule to the Iron
Ore (Hanwright) Agreement Act 1967 .
SECONDLY The agreement under seal of even date herewith between the said the
Honourable David Brand, M.L.A. of the first part, Hancock Prospecting Pty.
Ltd. and Wright Prospecting Pty. Ltd. of the second part and Mount Bruce
Mining Pty. Limited of the third part amending and adding to the agreement
firstly referred to in this Schedule.
SECOND SCHEDULE
WESTERN AUSTRALIA
Iron Ore (Hamersley Range) Agreement Act 1968
MINERAL LEASE
Lease No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.Goldfield(s)
ELIZABETH THE SECOND by the Grace of God of the United Kingdom, Australia and
Her other Realms and Territories Queen, Head of the Commonwealth, Defender of
the Faith:
TO ALL TO WHOM THESE PRESENTS shall come GREETINGS:
KNOW YE that WHEREAS by an Agreement made the
day of
1968 between the State of Western Australia of the one part and HAMERSLEY IRON
PTY. LIMITED (hereinafter called “the Company” which expression
will include the successors and assigns of the company including where the
context so admits the assignees of the Company under the said Agreement) of
the other part the said State agreed to grant to the Company a mineral lease
of portion or portions of the lands referred to in the said Agreement as
“the mining areas” AND WHEREAS the said Agreement was ratified by
the
Act
196 which said Act (inter alia) authorized the grant of
a mineral lease to the Company NOW WE in consideration of the rents and
royalties reserved by and of the provisions of the said Agreement and in
pursuance of the said Act DO BY THESE PRESENTS GRANT AND DEMISE unto the
Company subject to the said provisions ALL THOSE pieces and parcels of land
situated in the
Goldfield(s)
containing
approximately acres
and (subject to such corrections as may be necessary to accord with survey
when made) being the land shaded pink on the plan in the Schedule hereto and
all those mines, veins, seams, lodes and deposits of iron ore in on or under
the said land (hereinafter called “the said mine”) together with
all rights, liberties, easements, advantages and appurtenances thereto
belonging or appertaining to a lessee of a mineral lease under the Mining Act
1904 including all amendments thereof for the time being in force and all
regulations made thereunder for the time being in force (which Act and
regulations are hereinafter referred to as “the Mining Act”) or to
which the Company is entitled under the said Agreement TO HOLD the said land
and mine and all and singular the premises hereby demised for the full term of
twenty-one years from
the day
of 19 with
the right to renew the same from time to time for further periods each of
twenty-one years as provided in but subject to the said Agreement for the
purposes but upon and subject to the terms covenants and conditions set out in
the said Agreement and to the Mining Act (as modified by the said Agreement)
YIELDING and paying therefor the rent and royalties as set out in the said
Agreement. AND WE do hereby declare that this lease is subject to the
observance and performance by the Company of the following covenants and
conditions, that is to say: —
(1) The Company shall
and will use the land bona fide exclusively for the purposes of the said
Agreement.
(2) Subject to the
provisions of the said Agreement the Company shall and will observe, perform,
and carry out the provisions of the Mines Regulation Act 1946 , and all
amendments thereof for the time being in force and the regulations for the
time being in force made thereunder and subject to and also as modified by the
said Agreement the Mining Act so far as the same affect or have reference to
this lease.
PROVIDED THAT this lease and any renewal thereof
shall not be determined or forfeited otherwise than under and in accordance
with the provisions of the said Agreement.
PROVIDED FURTHER that all petroleum on or below
the surface of the demised land is reserved to Her Majesty with the right to
Her Majesty or any person claiming under her or lawfully authorized in that
behalf to have access to the demised land for the purpose of searching for and
for the operations of obtaining petroleum in any part of the land under the
provisions of the Petroleum Act 1936 .
IN WITNESS whereof we have caused our Minister for
Mines to affix his seal and set his hand hereto at Perth in our said State of
Western Australia and the common seal of the Company has been affixed hereto
this
day of
19
THE SCHEDULE ABOVE REFERRED TO:
IN WITNESS whereof THE HONOURABLE DAVID BRAND M.L.A. has hereunder set his
hand and seal and the Common Seal of the Company has hereunder been affixed
the day and year first hereinbefore mentioned.
|
SIGNED SEALED AND DELIVERED |
|
|
C. W. COURT
Minister for
Industrial Development.
ARTHUR GRIFFITH
Minister for Mines.
|
THE COMMON SEAL of HAMERSLEY IRON PTY. LIMITED was hereunto affixed in the
|
|
R. T. MADIGAN
DIRECTOR.
[C.S.]
C. J. WYATT
SECRETARY.
[Third Schedule inserted: No. 48 of 1968 s. 6.]
