Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 39 of 1972 s. 4; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT made the 10th day of March One thousand nine hundred and
seventy-two BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., Premier of the
State of Western Australia acting for and on behalf of the said State and
Instrumentalities thereof from time to time (hereafter 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 and principal please of business in that State at 95
Collins Street Melbourne and its registered office in the State of Western
Australia at 191 St. George’s Terrace Perth (hereinafter called
“the Company” which expression will include the assignees and
appointees of the Company under clause 20 of the Agreement a copy of which is
set out in the First Schedule to the Iron Ore (Hamersley Range) Agreement Act
1963 (as that clause applies to the agreement hereinafter defined as the
“amending Agreement”)) of the other part —
WHEREAS —
(a)
there are references in the amending Agreement (as hereinafter defined) to the
Agreement forming the Second Schedule to the Iron Ore (Hanwright) Agreement
Act 1967 (which Agreement (as amended) is hereinafter referred to as
“the Hanwright Agreement”);
(b) the
Hanwright Agreement is to be determined by the mutual consent of the parties
thereto contemporaneously with the coming into force of the Agreements set out
in the Schedule hereto;
(c) it
is desired in consequence to amend the amending Agreement as hereinafter
provided.
WITNESSETH —
1. In this Agreement to the context —
“amending Agreement” means the
Agreement of which a copy is set out in the Third Schedule to the
Iron Ore (Hamersley Range) Agreement Act 1963 (which Agreement was approved
by the Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968 );
“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) as further amended by the amending
Agreement and except where the context otherwise requires as further amended
by this Agreement;
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.
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.
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 30th day of June, 1972 or such later date if any as the
parties hereto may mutually agree upon; and
(b)
Bills to ratify each of the Agreements referred to in the Schedule hereto are
passed as Acts before the 30th day of June, 1972 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 amending Agreement is amended or altered as
hereinafter provided and such amending Agreement shall be read and construed
accordingly.
5. Clause 13 of the amending Agreement is amended
by substituting therefore the following clause: —
“13 (1)
If a mineral lease is granted by the State to Mount Bruce
Mining Pty. Limited pursuant to sub-clause (2) of clause 4 of the Agreement
dated the 10th day of March, 1972 between the State of the one part and Mount
Bruce Mining Pty. Limited of the other part (which Agreement is hereinafter
called “the Mount Bruce 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) give
notice pursuant to clause 41 of the Mount Bruce 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 41 of the Mount Bruce 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 each
numeral appearing in the said clause 13 immediately after the word
“year” were a numeral one more than the corresponding numeral in
the corresponding provisions in sub-clause (2) of clause 35 of the Mount Bruce
Agreement”.
6. The proviso to clause 14 of the amending
Agreement is amended by substituting for the words “clause 8(1) of the
Hanwright Agreement” the words “sub-clause (2) of clause 4 of the
Mount Bruce Agreement”.
SCHEDULE
The Agreement of even date herewith between the Honourable John Tresize
Tonkin, M.L.A., Premier of the State of Western Australia acting for an on
behalf of the said State and Instrumentalities thereof of the one part and
Mount Bruce Mining Pty. Limited of the other part.
The Agreement of even date herewith between the Honourable John Tresize
Tonkin, M.L.A., Premier of the State of Western Australia acting for and on
behalf of the said State and Instrumentalities thereof of the first part
Hancock Prospecting Pty. Ltd. and Wright Prospecting Pty. Ltd. of the second
part.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore mentioned.
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SIGNED by the said THE |
|
JOHN T. TONKIN |
DON MAY,
Minister for Mines.
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THE COMMON SEAL of HAMERSLEY |
|
(C.S.) |
R. T. MADIGAN,
Director.
JOHN CALDER,
Secretary.
[Fourth Schedule inserted: No. 39 of 1972 s. 4.]
