Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 39 of 1982 s. 4; amended:
No. 19 of 2010 s. 4.]
THIS AGREEMENT made this 26th day of April 1982, BETWEEN THE HONOURABLE
RAYMOND JAMES O’CONNOR, 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 company
incorporated under the Companies Act 1961 of the State of Victoria and having
its registered office and principal place of business in that State at 55
Collins Street, Melbourne and its registered office in the State of Western
Australia at 191 Saint George’s Terrace, Perth (hereinafter called
“the Company” in which term shall be included its successors and
permitted assigns and appointees) of the other part.
WHEREAS:
(a) by
an agreement made the 30th day of July, 1963 between the parties hereto (which
agreement was approved by and its scheduled to the Iron Ore (Hamersley Range)
Agreement Act 1963 and is hereinafter referred to as “the 1963
Agreement”) the Company acquired upon the terms and conditions therein
set forth certain rights interests and benefits and assumed certain
obligations with respect to the exploration for and development of specified
iron ore deposits at Tom Price and the mining transportation processing and
shipment of iron ore therefrom;
(b) the
1963 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 ; and
(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 ;
(c) the
1963 Agreement as varied by the agreements referred to in recital (b) hereof
hereinafter referred to as “the Principal Agreement”;
(d) the
port townsite and the deposits townsite referred to in the Principal Agreement
have been established by the Company at Dampier and Tom Price respectively;
(e) by
the agreement dated the 8th day of October, 1968 referred to in paragraph (ii)
of recital (b) hereof the Company also acquired certain rights interests and
benefits and assumed certain obligations with respect to the exploration for
and development of the iron ore deposits specified in that agreement at
Paraburdoo and the mining transportation processing and shipment of iron ore
therefrom;
(f) the
said agreement dated the 8th day of October, 1968 has been varied by the
following agreements made between the parties hereto —
(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 ; and
(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 ;
(g) the
said agreement dated the 8th day of October, 1968 as varied by the agreements
referred to in recital (f) hereof is hereinafter referred to as “the
Paraburdoo Agreement”;
(h) the
townsite referred to in the Paraburdoo Agreement has been established by the
Company at Paraburdoo; and
(i)
the parties desire to add to and amend the provisions of
the Principal Agreement and the Paraburdoo Agreement.
NOW THIS AGREEMENT 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 the Bill to ratify this Agreement referred to in
clause 2 hereof is passed as an Act before the 30th day of June, 1982 or such
later date if any as the parties hereto may mutually agree upon.
Variation of Principal Agreement 4 .
4. The Principal Agreement is hereby varied as
follows —
(1) in clause 1
—
(a) by
inserting, in their appropriate alphabetical positions, the following
definitions —
“
“housing scheme” means any scheme to be established
by the Company from time to time pursuant to any proposal approved under
clause 10A hereof for the sale to employees engaged in the operations of the
Company under this Agreement of lots of land whether improved or
unimproved; ”;
“
“local authority” means the council of a
municipality that is a city, town or shire constituted under the Local
Government
Act 1960; ”;
“
“Minister for Mines” means the Minister in the
Government of the State for the time being responsible for the administration
of
the Mining Act; ”;
(b) by
inserting, in the definition of “mineral lease”, after
“thereof” the following —
“
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 and any areas added thereto pursuant to the provisions
of
clause 10F hereof ”;
(c) by
deleting the definition of “Mining Act” and substituting the
following definition —
“
“Mining Act” means the Mining Act 1904 and the
amendments thereto and the regulations made thereunder as in force on
the 31st day of December, 1981; ”;
(d) by
deleting, in the definition of “townsite”, “in lieu of a
townsite constituted and defined under section 10 of the Land Act ” and
substituting the following —
“
(whether or not such townsite or townsites are constituted and
defined under section 10 of the Land Act) ”;
(e) by
inserting, after the definition of “year 1”, the following
paragraph —
“
reference in this Agreement to the Company shall not include
persons (other than the parties to this Agreement) to whom land in the
deposits townsite or the port townsite is or is agreed to be transferred or
otherwise disposed of by the Company in accordance with a proposal approved
pursuant to clause 10A hereof;” ; and
(f) by
inserting, in the paragraph commencing “Reference in this Agreement to
an Act”, after “Act”, where it first occurs, the following
—
“
other than the Mining Act”.
(2) In clause 9
—
(a)
subclause (2) —
(i)
by deleting “For the purposes of subparagraph (i)
of paragraph (b) and paragraph (c) of subclause (1) of this clause” and
substituting the following —
“
For the purpose of this Agreement ”;
(ii)
by deleting, in paragraph (e),
“
and ”;
(iii)
by deleting, in paragraph (f), “Act.” and
substituting the following —
“
Act; ”; and
(iv)
by inserting, after paragraph (f), the following
paragraphs —
“
(g) the inclusion of a
power whereby any special lease granted to the Company hereunder may be varied
by agreement or surrendered in whole or in, part; and
(h) the inclusion of a power
whereby any land granted or leased to the Company hereunder may be —
(i)
acquired by way of transfer or exchange from the Company
by the State or any instrumentality of the State; or
(ii)
leased or subleased by the Company to the State or any
instrumentality of the State. ”.
(b)
subclause 4 —
by deleting, in paragraph (b), “nor any of
the lands the subject of any lease or license granted to the Company in terms
of this Agreement” and substituting the following —
“
nor any lands for the time being owned by the Company in fee
simple hereunder or under any lease or license issued pursuant to this
Agreement ”.
Additional proposals 4 .
(3) By inserting,
after clause 10, the following clauses —
“
10A. (1)
The Company may submit to the Minister from time to time detailed proposals
with respect to the deposits townsite and/or the port townsite relating to
—
(a) any
housing scheme, which may notwithstanding the provisions of this Agreement
include provision for the sale to employees engaged in the Company’s
operations hereunder of lots of land within the town of Karratha of which the
Company on the 31st day of December, 1981 was the lessee or proprietor in fee
simple and which were acquired by the Company for the purpose of housing its
employees;
(b) the
proposed sale by the Company of any land which on the 30th day of April, 1982,
was the subject of a sublease or an agreement for sublease from the Company
and was used for commercial community or welfare purposes, to the sublessee
thereof or a successor in title of that sublessee or, with the prior consent
of the Minister, to any other person;
(c) the
transfer to or vesting in the State or the appropriate instrumentality of the
State or the relevant local authority as the case may be of the ownership,
care control and management, maintenance or preservation of any service or
facility owned and/or operated by the Company hereunder;
(d) the
vesting in transfer surrender lease or sublease to the State or the
appropriate instrumentality of the State or the relevant local authority as
the case may be of any land of which the Company is the lessee or proprietor
in fee simple hereunder; or
(e) any
other purpose concerning the use or operation of the Company’s services
or facilities situated in or near the deposits townsite and/or the port
townsite, as the Minister shall approve.
(2) The Minister shall within two (2)
months of the receipt of proposals submitted pursuant to subclause (1) of this
clause give to the Company notice either of —
(a) his
approval thereof; or
(b) any
objections or alterations desired thereto and in such case shall afford the
Company an opportunity to consult with and submit new proposals to the
Minister.
(3) If within two (2) months of receipt of
a notice pursuant to paragraph (b) of subclause (2) of this clause agreement
is not reached as to the said proposals then —
(a) with
respect to proposals relating to any of the matters mentioned in paragraphs
(a) or (b) of subclause (1) of this clause the Company may within a further
period of two months elect by notice to the State to refer to arbitration as
herein provided any dispute as to the reasonableness of the Minister’s
decision. If the Company does not so elect within such period the said
proposals shall on the expiration of that period lapse; and
(b) with
respect to proposals relating to any of the matters mentioned in paragraphs
(c) (d) or (e) of subclause (1) of this clause the said proposals shall not be
referable to arbitration hereunder but shall lapse.
(4) The Company shall implement proposals
approved pursuant to this clause or an award made on arbitration as the case
may be in accordance with the terms thereof.
Grant and lease of
lands 4 .
10B. If a proposal approved pursuant to
clause 10A hereof provides for the surrender by the Company to the State of
any land comprised within a lease granted under or pursuant to this Agreement
the State shall in accordance with such approved proposal —
(a)
grant to the Company in fee simple at a price to be determined by the Minister
for Lands; or
(b)
lease to the Company for such terms or periods and on such terms and
conditions (including renewal rights) as, subject to the approved proposal,
shall be determined by the Minister for Lands
any part or parts of
the land surrendered by the Company to the State in accordance with that
proposal.
Authorisation of local
authority and certain Ministers to enter agreements 4 .
10C. Where pursuant to any approved
proposal as to any of the matters referred to in clause 10A hereof provision
is made for the relevant local authority consistent with its functions as a
local authority or an instrumentality of the State to enter into and carry out
any agreement with the Company and/or for the Minister or respective Ministers
administering the Hospitals Act 1927 , the Education Act 1928 , the
Public Works Act 1902 , the Fire Brigades Act 1942 , the
Country Areas Water Supply Act 1947 , the Country Towns Sewerage Act 1948 and
the State Energy Commission Act 1979 to enter into and carry out any agreement
with the Company —
(a) the
Local Government Act 1960 , the Hospitals Act 1927 , the Education Act 1928 ,
the Public Works Act 1902 , the Fire Brigades Act 1942 , the Country Areas
Water Supply Act 1947 the Country Towns Sewerage Act 1948 and the State
Energy Commission Act 1979 shall for the purposes of implementing such
approved proposals be deemed to be modified by the inclusion of a power
whereby such relevant local authority instrumentality of the State and/or
Minister or Ministers are authorized and empowered to enter into and carry out
any such agreement; and
(b) the
relevant local authority, instrumentality of the State and such Minister or
Ministers may enter into and carry out any such agreement notwithstanding the
other provisions of this Agreement.
Release of lands 4 .
10D. Notwithstanding the provisions of the
Land Act if and to the extent that an approved proposal so provides, the
Minister for Lands shall not at any time put up for sale or lease to persons
other than the Company 30 or more lots of land as a single release within any
land surrendered by the Company to the State pursuant to that proposal without
first consulting with the Company for the purpose of ensuring that provision
has been made for the Company’s future development requirements pursuant
to this Agreement.
Sale of lots in
housing scheme 4 .
10E. (1) The
Company shall, subject to and in accordance with the relevant approved
proposal relating to a housing scheme, have the right during the currency of
this Agreement to enter into agreements in a form to be approved by the
Minister to sell any lot the subject of that housing scheme to an employee
engaged in the Company’s operations under this Agreement and the
provisions of sections 13 and 14 of the Sale of Land Act 1970 shall not apply
to any such agreement.
(2) So long as the Company shall be
responsible for the provision and/or maintenance of water, electricity,
sewerage or drainage services to any land granted in fee simple to the Company
pursuant to clause 10B hereof the Company shall, in respect of any part or
parts thereof sold or otherwise disposed of by the Company in accordance with
a proposal approved pursuant to clause 10A hereof have the right,
notwithstanding such sale or other disposition, to enter that part or parts by
itself, its agents or contractors at any time for the purpose of maintaining,
repairing or replacing (as the case may be) any pipes, drains, cables or other
works relating to such services in or under that land PROVIDED that the
Company shall be responsible for any damage occasioned by such entry.
Addition to mineral lease 4 .
10F. Notwithstanding the provisions of the
Mining Act the Company may apply to the Minister for Mines for inclusion in
the mineral lease of the areas coloured red on the plan marked `C’
(initialled by or on behalf of the parties hereto for the purposes of
identification) except so much thereof as is comprised in Special Lease No.
3116/4592 (Crown Lease No. 162/1974) and the Minister for Mines shall subject
to the Company surrendering or causing to be surrendered all rights of
occupancy held by the Company, Hamersley Exploration Pty. Limited, and Mount
Bruce Mining Pty. Limited or any of them to land within the land applied for,
withdrawing all applications previously made by the Company for mining
tenements within the land applied for and surrending from the mineral lease
the areas coloured green on the said plan marked ‘C’ include the
land so applied for in the mineral lease subject to the same terms and
conditions as apply to the mineral lease (with such apportionment of rents as
is necessary) notwithstanding that the survey of the areas surrendered and the
new areas have not been completed (but subject to correction to accord with
the survey when completed at the Company’s expense).
”.
(4) in clause 11
—
(a) in
paragraph (a) by inserting at the end of that paragraph the following proviso
—
“ PROVIDED that
such powers and authorities shall be modified from time to time to accord with
proposals approved under clause 10A hereof
”;
(b) in
sub-paragraph (i) of paragraph (d) by inserting at the end of that
sub-paragraph the following proviso —
“ PROVIDED that
this sub-paragraph shall not apply to townsite lots or other areas within any
land granted to the Company in fee simple pursuant to clause 10B hereof unless
such lots or areas are then owned by the Company
”;
(c) in
paragraph (g) —
(i)
by deleting “granted to” and substituting the
following —
“ held by ”; and
(ii)
by inserting after “this Agreement,” where it
first occurs, the following —
“
or in respect of which the Company has any right to purchase
pursuant to a housing scheme
”.
(5) In clause 20
—
by inserting, after subclause (2), the following
subclause —
“ (3)
Where in respect of any land acquired by the Company
under this Agreement the Company makes any disposition pursuant to any
approved proposal as to any of the matters mentioned in Clause 10A hereof,
then notwithstanding the provisions of subclause (1) of this clause but
subject to any contrary intention contained in any such approved proposal, the
consent in writing of the Minister shall not be required to any such
disposition nor shall any assignee from the Company be required to enter into
a deed of covenant
as provided in subclause (1) or this clause. ”.
Variation of Paraburdoo Agreement 4 .
5. The Paraburdoo Agreement is hereby varied as
follows —
(1) in clause 1
—
(a) by
deleting the definition of “Principal Agreement” and substituting
the following definition —
“
“Principal Agreement” means the agreement defined in section 2 of
the Iron Ore (Hamersley Range) Agreement Act 1963 ; ”;
(b) by
inserting, in the paragraph commencing “Reference in this Agreement to
an Act”, after “Act”, where it first occurs, the following
—
“ other than the Mining Act ”; and
(c) by
inserting, after the said paragraph commencing “Reference in this
Agreement to an Act”, the following paragraph —
“ Reference in
this Agreement to the Company shall not include persons (other than the
parties to this Agreement) to whom land in the townsite is or is agreed to be
transferred or otherwise disposed of by the Company in accordance with a
proposal approved pursuant to clause 7A hereof;
”.
(2) in clause 6
subclause (3) —
by deleting “For the purpose of paragraphs
(b) (i) and (c) of sub-clause (2) of this clause” and substituting the
following —
“ For the
purpose of this Agreement ”.
(3) by inserting,
after clause 7, the following clause —
“
7A. The provisions of clauses 10A to
10E inclusive of the Principal Agreement shall apply to and be deemed to be
incorporated in this Agreement as if all references in the said clauses to
“this Agreement” and “the deposits townsite and/or port
townsite” were references to this Agreement and the townsite defined
herein. ”.
(4) in clause 8
—
(a) by
inserting, in paragraph (b), after “7” the following —
“ and the figure
“7A” were substituted for the
figure “10A” ”;
(b) by
inserting, in paragraph (c), after sub-paragraph (ii) the following
sub-paragraph —
“
(iii) the words “clause
10B of the Principal Agreement as applying to this Agreement” were
substituted for the words
“clause 10B hereof ”.
(5) in clause 11
subclause (1) —
by inserting after “respectively” the
following —
“ and as if the
words “clause 10A of the Principal Agreement as applying to this
Agreement were substituted for the words “clause 10A hereof” in
subclauses (3) and (4) of
clause 20 of the Principal Agreement ”.
Acknowledgement by the State 4 .
6. (1) Subject to
subclause (2) of this clause, it is acknowledged by the State that for the
purposes of subparagraphs (ii) and (iii) of paragraph (f) of subclause (1) of
clause 10 of the Principal Agreement and subparagraphs (ii) and (iii) of
paragraph (e) of subclause (i) of clause 7 of the Paraburdoo Agreement the
Company has duly —
(a) laid
out and developed the townsites of Dampier, Tom Price and Paraburdoo and
provided therein adequate and suitable housing, recreational and other
facilities and services; and
(b)
constructed and provided therein roads, housing, schools, water and power
supplies and other amenities and services,
and that the Company shall have no further obligations to the State with
regard to any of such matters that is or are the subject of proposals approved
under clause 10A of the Principal Agreement or clause 7A of the Paraburdoo
Agreement, except as provided in those proposals or either of them.
(2) If at any time by
reason of the expansion of the Company’s operations or requirements
within the said townsites or any of them additional services facilities or
amenities are required, the Company shall negotiate with the State as to the
provision of such additional services facilities or amenities.
Preservation of subleases by Company 4 .
7. If any land within the townsites of Dampier,
Tom Price or Paraburdoo the subject of a special lease granted to the Company
under or pursuant to the Principal Agreement or the Paraburdoo Agreement is
surrendered by the Company to the State in accordance with a proposal approved
pursuant to clause 10A of the Principal Agreement or that clause as applying
to the Paraburdoo Agreement and is or is subsequently to be granted in fee
simple to the Company by the State pursuant to that proposal and that land is
immediately prior to the surrender thereof, the subject of a sublease granted
by the Company under the special lease then, notwithstanding the surrender of
the special lease, any provision in the sublease or the provisions of any Act
or any principle of law or equity to the contrary, that sublease shall as
between the Company and the sublessee and any person deriving title under the
sublessee continue and at all times remain in full force and effect in
accordance with but subject to its terms as if the special lease out of which
it was granted had not been surrendered.
Sale of ore to Steel Mains Pty. Limited 4 .
8. Notwithstanding anything in the Principal
Agreement and the Paraburdoo Agreement, the sale by the Company of iron ore
from the mineral leases the subject of those Agreements to Steel Mains Pty.
Limited for use in the coating of the undersea pipeline to be constructed for
the purposes of the agreement defined in section 2 of the
North West Gas Development (Woodside) Agreement Act 1979 is authorized and
confirmed subject to payment by the Company to the State of royalty on the
sale price ex Dampier stockpiles of all iron ore so sold at the rate of seven
and one half per centum (7½%).
Stamp duty exemption 4 .
9. (1) The State shall
exempt from any stamp duty which but for the operation of this clause would or
might be chargeable on —
(a) any
agreement transfer or other instrument evidencing the sale or transfer of any
lot in fee simple from the Company to any employee or to the Company from any
such employee or former employee (as the case may be) pursuant to any proposal
relating to a housing scheme approved pursuant to the Principal Agreement or
the Paraburdoo Agreement as respectively amended by this Agreement;
(b) any
agreement transfer or other instrument evidencing the sale or transfer of any
lot in fee simple to the Company from the Rural and Indusstries Bank of
Western Australia pursuant to any such housing scheme; and
(c) any
mortgage to the Company from any employee in respect of any lot the subject of
a transfer from the Company to that employee referred to in paragraph (a) of
this subclause.
PROVIDED THAT this clause shall not apply to any such agreement transfer
mortgage or other instrument executed or made more than 10 years after the 1st
day of May, 1982, other than a transfer by the Company to an employee pursuant
to an agreement (exempt from stamp duty pursuant to subclause (1)(a) of this
clause) entered into prior to the expiration of that period.
(2) For the purposes
of sub-clause (1) of this clause the expression “employee” means
any person engaged in the operations of the Company under the Principal
Agreement and/or the Paraburdoo Agreement and employed by the Company or any
associated company engaged in the operations of the Company thereunder and
shall for the purposes of any transfer pursuant to subclause (1)(a) of this
clause include the legal or personal representatives of any such person.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore mentioned.
|
SIGNED by the said THE |
|
R. O’CONNOR. |
PETER JONES,
Minister for Resources Development
|
THE COMMON SEAL of HAMERSLEY IRON |
|
[C.S.] |
Director T. BARLOW
Secretary J. R. WOOD
[Seventh Schedule inserted: No. 39 of 1982 s. 4.]
