Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 7th day of NOVEMBER 1988 BETWEEN THE HONOURABLE
PETER M’CALLUM DOWDING, LL.B., 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 ALLIED ENEABBA LIMITED a company
incorporated in Western Australia and having its registered office situate at
45 Stirling Highway, Nedlands (hereafter with its successors permitted assigns
and appointees called “the Company”) of the other part.
WHEREAS:
(a) the State and the Company are the parties to
the agreement dated the 27th day of June 1975 which was ratified by the
Mineral Sands (Allied Eneabba) Agreement Act 1975 and is hereinafter referred
to as “the principal Agreement”; and
(b) the State and the Company (pursuant to an
assignment agreement) are the parties to the agreement dated the 27th day of
May 1975 which was ratified by the Mineral Sands (Western Titanium) Agreement
Act 1975 and is hereinafter referred to as “the WT Agreement”;
(c) the parties desire to amalgamate the principal
Agreement and the WT Agreement and otherwise to vary the principal Agreement.
NOW THIS AGREEMENT WITNESSETH:
1. Subject to the context the words and
expressions used in this Agreement have the same meanings respectively as they
have in and for the purpose of the principal 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 as an Act prior to 29 December 1988.
3. (1) The provisions
of this clause and clause 2 of this Agreement shall come into operation on the
execution hereof.
(2) Subject to the
Bill referred to in clause 2 coming into operation as an Act prior to 29
December 1988 the other provisions of this Agreement shall come into operation
on 29 December 1988.
4. The principal Agreement is hereby varied as
follows:
(1) Clause 1 —
(a) by
deleting the following definitions —
“concentration
plant”
“mineral
claim”
“mineral
lease”
“separation
plant”;
(b) by
inserting, in the appropriate alphabetical positions, the following
definitions —
“
“approved proposals” means proposals approved or determined under
this Agreement or the WT Agreement;
“Eneabba separation plant” means the
plant constructed under the WT Agreement near Eneabba for the separation of
heavy mineral concentrates into component heavy minerals;
“EP Act” means the
Environmental Protection Act 1986 ;
“Meru separation plant” means the
plant constructed under this Agreement at Meru for the separation of heavy
mineral concentrates into component heavy minerals;
“Mining Lease” means the mining lease
granted pursuant to Clause is and includes any renewals extensions or
substitutions therefor whether extending over a greater or lesser area and
according to the requirements of the context shall describe the land leased as
well as the instrument by which it is leased;
“WT Agreement” means the agreement
ratified by the Mineral Sands (Western Titanium) Agreement Act 1975 . ”;
(c) in
the definition of “associated company” by deleting “section
6 of the Companies Act 1961 ” and substituting the following —
“ section 7 of
the Companies (Western Australia) Code ”;
(d) by
deleting the definition of “Mining Act” and substituting the
following definition —
“ “Mining
Act” means the Mining Act 1978 ; ”;
(e) by
substituting for the plan marked “A” referred to in the principal
Agreement, the plan marked “B” initialled by or on behalf of the
parties hereto for the purpose of identification;
(f) by
deleting the definition of “mining areas” and substituting the
following definition —
“ “mining
areas” means the areas shaded red and the areas hatched red (hereinafter
together called “the red areas”), the areas shaded yellow and the
areas hatched yellow (hereinafter together called “the yellow
areas”) and the areas shaded green and the areas hatched green
(hereinafter together called “the green areas”) on the said plan
marked “B”; ”;
(g) in
the definition of “ore” by deleting “mineral lease”
and substituting the following —
“ Mining Lease
”;
(h) in
the definition of “private road” by deleting “and where
applicable in accordance with an approved proposal hereunder” and
substituting the following —
“ or pursuant to
approved proposals, ”;
(i)
by deleting the definition of “State Electricity
Commission” and substituting the following definition —
“ “State
Energy Commission” means The State Energy Commission of Western
Australia as described in section 7 of the State Energy Commission Act 1979 ;
”;
(j) by
deleting the definition of “town” and substituting the following
definition —
“
“towns” means the townsite of Eneabba and the townsite of Leeman
as respectively amended and redescribed from time to time pursuant to
section 10 of the Land Act or any other townsite or townsites requested by the
Company and approved by the Minister pursuant to proposals hereunder; ”;
(k) in
the definition of “WMC Joint Venturers” —
(i)
by deleting “and includes”;
(ii)
by deleting “ Act 1964 ” and substituting the
following —
“ Act 1964 or
any one or more of those parties ”.
(2) By inserting after
Clause 6 the following clauses —
“ 6A.
From and after the grant of the Mining Lease —
(a) the
proposals made by the Company pursuant to Clause 5 of the WT Agreement and
approved by the Minister pursuant to Clause 6 of that Agreement shall be
deemed to apply to those lands comprised within the Mining Lease that are
shaded red and yellow on Plan “B”; and
(b) the
approved project shall apply to those lands within the Mining Lease that are
hatched red and yellow on Plan “B”, and the said proposals and the
approved project shall subject to this Agreement be implemented and given
effect to by the Company accordingly.
6B. (1)
The Company shall not mine any area or areas comprised within
the green areas on Plan B unless and until proposals with respect thereto are
approved or determined pursuant to this Clause.
(2) If the Company
desires to commence mining heavy minerals on the green areas on plan B or any
part thereof it shall give notice of such desire to the Minister and shall
within 2 months of the date of such notice (or thereafter within such extended
time as the Minister may allow as hereinafter provided) and subject to the
provisions of this Agreement submit to the Minister its detailed proposals
with respect thereto which shall include the matters mentioned in paragraphs
(a), (b) and (i) of subclause (3) (but with the proviso that rehabilitation
and/or restoration of the mined areas within the areas shaded green shall be
consistent with agricultural land use and that rehabilitation and/or
restoration of the mined areas within the areas hatched green shall be for
such purposes or uses as the State may require) and such of the other matters
mentioned in subclause (3) as the Company may desire or the Minister may
require.
(3) The matters
referred to in subclause (2) are —
(a) the
mining, and concentrating of ore and the separation of heavy mineral
concentrates into heavy minerals;
(b)
roads;
(c)
facilities for the export of heavy minerals and heavy mineral products through
the port;
(d)
water supplies for the mining concentrating and separating of ore;
(e)
housing, provision of utilities and services and associated facilities in the
town;
(f)
power supply;
(g) any
other works, services or facilities desired by the Company;
(h) any
leases, licences or other tenures of land required from the State; and
(i)
measures to be taken for the protection and management of
the environment including rehabilitation and/or restoration of the mined
areas, the prevention of the discharge of tailings, slimes, pollutants or
overburden into the surrounding country, water courses, lakes or underground
water supplies, the prevention of soil erosion and, to the extent that the
Company is responsible for implementing the matters referred to in paragraphs
(a) to (h) of this subclause, consideration of the environmental effects
relating thereto.
(4) The proposals may
with the approval of the Minister and shall if so required by the State be
submitted separately and in any order as to the matter or matters mentioned in
one or more of paragraphs (a) to (i) of subclause (3).
(5) The proposals
relating to any one of the matters mentioned in subclause (3) may with the
approval of the Minister and that of any third parties concerned instead of
providing for the construction of new facilities of the kind therein mentioned
provide for the use by the Company upon reasonable terms and conditions of any
existing facilities of such kind.
(6) At the time when
the Company submits the said proposals it shall furnish to the State’s
satisfaction in all respects evidence of —
(a)
marketing arrangements demonstrating the Company’s ability to profitably
sell or use heavy minerals or a substantial proportion thereof in accordance
with the said proposals;
(b) the
availability of finance necessary for the fulfilment of the operations to
which the said proposals refer; and
(c) the
readiness of the Company to embark upon and proceed to carry out the
operations referred to in the said proposals.
(7) The provisions of
Clause 6C shall apply to detailed proposals submitted pursuant to this Clause.
(8) The Company shall
forthwith on the request of the State made at any time after the expiration of
four years from the commencement of mining pursuant to proposals first
approved under this Clause or such longer period as the Minister may approve
from time to time surrender to the State all green areas on Plan B (other than
any portions containing mineable coal deposits) which at the date of such
request are within the Mining Lease and are not the subject of proposals
approved under this Clause.
6C. (1)
In respect of proposals submitted pursuant to Clause 6B, 7 or 8
the Minister shall consistent with the EP Act —
(a)
approve of the said proposals either wholly or in part without qualification
or reservation; or
(b)
defer consideration of or decision upon the same until such time as the
Company submit a further proposal or proposals in respect of some other of the
matters mentioned in subclause (3) of Clause 6B not covered by the said
proposals; or
(c)
require as a condition precedent to the giving of his approval to the said
proposals that the Company make such alteration thereto or comply with such
conditions in respect thereto as he (having regard to the circumstances
including the overall development of and the use by others as well as the
Company of all or any of the facilities proposed to be provided) thinks
reasonable and in such a case the Minister shall disclose his reasons for such
conditions,
PROVIDED ALWAYS that
where implementation of any proposals hereunder have been approved pursuant to
the EP Act subject to conditions or procedures, any approval or decision of
the Minister under this Clause shall if the case so requires incorporate a
requirement that the Company make such alterations to the proposals as may be
necessary to make them accord with those conditions or procedures.
(2) The Minister shall
within two months after receipts of the said proposals pursuant to subclause
(1) of this Clause or where the said proposals are to be assessed under
section 40(1)(b) of the EP Act then within two months after service on him of
an authority under section 45(7) of the EP Act give notice to the Company of
his decision in respect to the said proposals.
(3) If the decision of
the Minister is as mentioned in either of paragraphs (b) or (c) of subclause
(1) of this Clause the Minister shall afford the Company full opportunity to
consult with him and should it so desire to submit new or revised proposals
either generally or in respect to some particular matter.
(4) If the decision of
the Minister is as mentioned in either of paragraphs (b) or (c) of subclause
(1) of this Clause and the Company considers that the decision is unreasonable
the Company within two months after receipt of the notice mentioned in
subclause (2) may elect to refer to arbitration in the manner hereinafter
provided the question of the reasonableness of the decision PROVIDED THAT any
requirement of the Minister pursuant to the proviso to subclause (1) of this
Clause shall not be referable to arbitration hereunder.
(5) Subject to and in
accordance with the EP Act and any approvals and licences required under that
Act the Company shall implement proposals approved or determined pursuant to
this Clause in accordance with the terms thereof. ”.
(3) Clause 7 —
(a) by
inserting after “the approved project” the following —
“ any approved
proposals or desires to mine minerals granted by the Mining Lease which are
not the subject of any approved proposals ”;
(b) by
deleting “The provisions of Clauses 5 and 6 shall mutatis mutandis apply
to detailed proposals submitted pursuant to this subclause. The Company shall
implement the approved proposals in accordance with the terms thereof”
and substituting the following —
“ The provisions
of subclauses (4), (5) and (6) of Clause 6B and the provisions of Clause 6C
shall mutatis mutandis apply to detailed proposals submitted pursuant to this
Clause. ”.
(4) Clause 8 —
by deleting subclauses
(2), (3), (4) and (5) and substituting the following subclauses —
“ (2)
The Company shall during the currency of this Agreement
submit to the Minister not later than 31st December 1989 and the 31st December
in each third year thereafter, a detailed report on the result of such
investigations and research and the implementation by the Company of approved
proposals relating to the protection and management of the environment during
the three year period ending 31st October immediately preceding the due date
for the detailed report together with a mining plan setting forth the proposed
mining operations of the Company during the three year period commencing 1st
November immediately preceding such due date and the programme proposed to be
undertaken by the Company during that period in regard to investigation and
research under subclause (1) of this Clause and the implementation by the
Company of approved proposals relating to the protection and management of the
environment.
(3) The Minister may
within 2 months of receipt of a detailed report pursuant to subclause (2) of
this Clause notify the Company that he —
(a)
approves the report and programme; or
(b)
requires amendment of the programme for the ensuing 3 years; or
(c)
requires additional detailed proposals to be submitted for the protection and
management of the environment.
(4) The Company shall
within 2 months of receipt of a notice pursuant to paragraph (b) of subclause
(3) of this Clause submit to the Minister an amended programme as required.
The Minister shall afford the Company full opportunity to consult with him on
his requirements during the preparation of any amended programme.
(5) The Minister may
within 1 month of receipt of an amended report or programme pursuant to
subclause (4) of this Clause notify the Company that he requires additional
detailed proposals to be submitted for the protection and management of the
environment.
(6) The Company shall
within 2 months of receipt of a notice pursuant to subclause (3)(c) or
subclause (5) of this Clause submit to the Minister additional detailed
proposals as required and the provisions of Clause 6C shall mutatis mutandis
apply to those proposals.
(7) In addition to the
reports provided for in subclause (2) the Company shall when required by the
Minister from time to time, but not more frequently than once in every 12
months, submit to the Minister interim reports in a form and to a level of
detail determined by the Minister of its investigations and research carried
out pursuant to subclause (1) and its implementation of approved proposals
relating to the environment. ”.
(5) By deleting Clause
9.
(6) Clause 12 —
(a) by
deleting subclause (1) and substituting the following subclause: —
“ (1)
The State shall cause the Railways Commission to
transport by rail, and the company shall so consign:
(a) all
its production of heavy mineral concentrates, heavy minerals or heavy minerals
products (in this Clause either separately or collectively called “the
bulk minerals”) —
(i)
from Eneabba to the port, the Meru separation plant, the
Narngulu synthetic rutile plant, or Capel synthetic rutile plant; and
(ii)
from the Meru separation plant or the Narngulu synthetic
rutile plant to the port; and
(b) in
so far as is practicable, all other bulk commodities required for the
Company’s operations hereunder. ”.
(b)
subclause (3) —
by inserting before
“separation plant” in both cases where it occurs the following
—
“ Meru ”;
(c) by
deleting subclause (4) and substituting the following subclause —
“
(4) Where the Company elects to
transport commodities by road pursuant to subclause (2) of this Clause or
where the Company desires to transport heavy mineral concentrates and heavy
minerals by road between the Meru separation plant and the port pursuant to
subclause (3) of this Clause the Minister under the
Transport Co-ordination Act 1966 shall upon request by the Company and upon
payment of the licence fees prescribed by him under the said Act issue
licences for road carriage to the Company or its nominees provided that such
nominees shall be persons whose character qualifications and financial
stability are approved by the said Minister. ”;
(d) by
deleting subclause (5);
(e)
subclause (6) —
by deleting
“when the Railways Commission commences to transport heavy mineral
concentrates by rail from the concentration plant to the separation
plant,” and substituting the following —
“ , for the
purposes of this Agreement ”;
(f) by
deleting subclause (8);
(g)
subclause (11) —
by deleting subclause
(11) and substituting the following subclause —
“ (11)
The Company and the Railways Commission may from time to
time enter into, add to, ratify, adopt, substitute for, cancel or vary an
agreement or agreements in writing (which if the Company and the Railways
Commission so agree may operate retrospectively) embodying the terms and
conditions under which commodities are to be carried by the Railways
Commission pursuant to this Agreement and for all other related matters
insofar as they are not provided for in this Agreement. The provisions of
Clause 29 of this Agreement shall not apply to this subclause. ”;
(h)
subclause (16) —
(a) by
deleting “the mineral lease” where it first occurs and
substituting the following —
“ the red areas
and yellow areas of the Mining Lease ”;
and
(b) by
deleting “the mineral lease” where it secondly occurs and
substituting the following —
“ the Mining
Lease ”.
(7) Clause 13 —
(a) by
deleting “State Electricity Commission” wherever it occurs and
substituting in each place the following —
“ State Energy Commission ”;
(b) by
deleting “mineral lease” wherever it occurs and substituting in
each place the following —
“ Mining Lease
”.
(8) Clause 14 —
(a)
subclauses (10) and (11) —
by inserting before
“separation plant” the following —
“ Meru ”;
(b)
subclause (12) —
(i)
by deleting “and consumed on the mining areas and
at the separation plant” and substituting the following —
“ pursuant to
this Agreement ”;
(ii)
by deleting “town” and substituting the
following —
“ towns ”.
(9) Clause 15 —
(a)
subclause (1) —
by deleting subclause
(1) and the marginal note thereto and substituting the following subclauses
—
Mining Lease
“ (1)
Notwithstanding the provisions of the Mining Act on
application made by the Company on 29 December 1988 for a mining lease over so
much of the land in the red areas, the yellow areas and the green areas as the
Company desires and in respect of which the Company, Ilmenite Proprietary
Limited, Western Titanium Ltd, Indoon Resources Pty Ltd or Circular Quay
Holdings Pty Limited then holds mining titles and subject to the surrender on
that day of all mining titles held by the Company and/or the other companies
referred to in this subclause in respect of land within the red areas, the
yellow areas and the green areas and to the withdrawal on that day of all
applications for mining leases and all applications for coal mining leases
made by the Company and/or the other companies referred to in this subclause
in respect of those areas and the withdrawal of the application for Mining
Lease 256 SA the State shall cause to be granted to the Company at the rents
specified from time to time in the Mining Act a mining lease (the
“Mining Lease”) of the lands so applied for (notwithstanding that
the survey in respect thereof has not been completed but subject to such
corrections to accord with survey when completed at the Company’s
expense) for all minerals such Mining Lease to be granted under and, except as
otherwise provided in this Agreement, subject to the Mining Act but in the
form of the Second Schedule hereto and subject to such of the conditions of
the surrendered mining leases as the Minister for Mines determines and such
other conditions as the Minister for Mines may impose pursuant to section 84
of the Mining Act.
(1a)
In subsection (1) “mining titles” means mining
leases and other mining tenements under the Mining Act and mineral claims held
under clause 3 of the Second Schedule to that Act;
(1b)
The Minister for Mines shall make such apportionments of rents
as may be necessary in respect of the surrendered mining leases. ”;
(b)
subclause (2) —
by deleting
“mineral lease” wherever it occurs and substituting in each place
the following —
“ Mining Lease
”;
(c)
subclause (3) —
by deleting subclause
(3) and the marginal note thereto and substituting the following —
Expenditure Conditions
“ (3)
The State shall ensure that during the currency of this
Agreement and subject to compliance with its obligations hereunder the Company
shall not be required to comply with the expenditure conditions imposed by or
under the Mining Act in regard to the Mining Lease. ”;
(d) by
deleting subclause (4);
(e)
subclause (5) —
by deleting
“mineral lease” wherever it occurs and substituting in each place
the following —
“ Mining Lease
”;
(f) in
subclause (6) —
by deleting “,
and within 14 days after the date thereof or (in the case of an agreement
entered into before the date hereof) after the execution of this Agreement,
lodge a true copy of the agreement with the Minister for Mines”;
(g) by
deleting subclause (7);
(h)
subclause (8) —
by deleting
“mineral lease” wherever it occurs and substituting in each place
the following —
“ Mining Lease
”;
(i)
by inserting after subclause (8) the following subclauses
—
Surrender of parts of the Mining Lease
“ (9)
Notwithstanding the provisions of this Clause the Company
may from time to time with the approval of the Minister for Mines, subject to
survey if required by the Minister for Mines at the Company’s expense,
surrender to the State all or any portion or portions (of reasonable size and
shape) of the Mining Lease (with abatement of future rent in respect to the
area surrendered) provided however that such portion or portions have been
rehabilitated and/or restored in accordance with approved proposals hereunder
and any condition relating to rehabilitation and/or restoration applicable
pursuant to the Mining Lease in manner acceptable to the Minister for Mines.
Additional Areas
(10) Notwithstanding
the provisions of the Mining Act the Company may from time to time during the
currency of this Agreement apply to the Minister for areas held by the Company
under an exploration licence or mining lease granted under the Mining Act to
be included in the Mining Lease. The Minister shall confer with the Minister
for Mines in regard to any such application and if they approve the
application the Minister for Mines shall upon the surrender of the relevant
mining tenement include the area the subject thereof in the Mining Lease
subject to such of the conditions of the surrendered mining tenement as the
Minister for Mines determines. In respect of any such land —
(a) the
land shall in addition to any conditions so determined by the Minister for
Mines be subject to the same terms covenants and conditions as apply to the
Mining Lease;
(b) the
Minister for Mines may make such apportionment of rents as may be necessary in
connection therewith;
(c) the
land may be included notwithstanding that the survey of the land has not been
completed but subject to correction to accord with the survey when completed
at the Company’s expense. ”.
(10) Clause 18 —
(a) by
deleting “town” wherever it occurs and substituting the following
—
“ towns ”;
(b)
subclause (1) —
by deleting “and
where applicable an approved proposal hereunder” and substituting the
following —
“ the approved
proposals ”;
(c)
subclause (4) —
(i)
by deleting “educational hospital medical and
police services”;
(ii)
by inserting after “commercial amenities” the
following —
“ and also, in
respect of Eneabba, for additional educational hospital medical and police
services ”;
(11) Clause 19 —
(a) by
deleting subclause (2) and substituting the following subclause —
“ (2)
The State shall cause the Geraldton Port Authority,
subject to the surrender of all leases then affecting the land to grant to the
Company a lease of land at the port shown coloured blue on the plan marked
“D” (initialled by or on behalf of the parties hereto for the
purpose of identification) for a stockpile area for such period and on such
terms and conditions (including renewal rights and provision for surrender of
unrequired portions) as shall be agreed having regard to the purposes of the
Company’s operations hereunder and the term of the Mining Lease.
”;
(b)
subclause (3) —
by inserting after
“WMC Joint Venturers” the following —
“ or the
Geraldton Port Authority ”;
(c)
subclause (4) —
by deleting “The
State shall” and substituting the following —
“ Where the
State causes the WMC Joint Venturers to operate the common inloading system or
the common materials handling system, or both, the State shall ”.
(12) Clause 20 —
(a)
subclause (1) —
by deleting
“mineral lease” and substituting the following —
“ Mining Lease
”;
(b) by
deleting subclause (2);
(c)
subclause (4) —
by deleting
“mineral lease” and substituting the following —
“ Mining Lease
”.
(13) Clause 21 —
(a)
subclause (1) —
by deleting
“four years after the commencement date the Company shall investigate
the technical and economic feasibility of establishing a plant for secondary
processing to the maximum degree then practicable (but excluding therefrom
heavy minerals the subject of existing contractual commitments)” and
substituting the following —
“ 31 December
1992 the Company shall investigate the technical and economic feasibility of
establishing a new plant for secondary processing to the maximum degree then
practicable ”.
(b)
subclause (6)(c) —
by deleting
“mineral leases” and substituting the following —
“ Mining Lease
”.
(14) By inserting
after Clause 21 the following clause —
“ 21A.
(1) The provisions of Clause
21 shall cease to apply if a plant approved by the Minister for the purpose of
this Clause for the processing of at least 12,000 tonnes per annum of monazite
to rare earth oxides is constructed within the said State before 31 December
1991 or such later date as the Minister may allow.
(2) The Company has
advised the State that at 28 October 1988 only one agreement for the sale of
monazite from the mining areas is in existence. If the plant referred to in
subclause (1) of this Clause shall not be built within the period therein
mentioned the Company shall if and when required by the State, determine such
agreement pursuant thereto by such date (being not less than twelve months
after the date of the request) as the Minister may direct.
(3) From and after 28
October 1988 until (a) 31 December 1991 or such later date as the Minister may
allow pursuant to subclause (1) of this Clause or (b) the completion and
commissioning by the Company of a new plant for secondary processing pursuant
to clause 21 the Company shall not sell or agree to sell any monazite from the
mining areas without obtaining the prior consent of the Minister who may
require as a condition of such consent that any such agreement shall be
terminable by the Company forthwith on request of the Minister in the event
the plant referred to in subclause (1) of this Clause is not constructed as
therein provided. ”.
(15) Clause 22 —
(a) by
deleting “mineral lease” and substituting the following —
“ Mining Lease
”;
(b) by
deleting “or proposals approved hereunder” and substituting the
following —
“ , approved
proposals ”.
(16) Clause 26 —
(a) by
deleting “mineral lease” and substituting the following —
“ Mining Lease
”;
(b) by
deleting “and where applicable an approved proposal hereunder” and
substituting the following —
“ , approved
proposals ”.
(17) Clause 27
subclause (3) —
by deleting
“mineral lease” and substituting the following —
“ Mining Lease ”.
(18) Clause 28 —
(a) by
deleting “mineral claim” wherever it occurs and substituting in
each place the following —
“ mining lease ”;
(b) by
deleting “such claim” and substituting the following —
“ such lease
”;
(c) by
deleting “mineral lease” wherever it occurs and substituting in
each place the following —
“ Mining Lease
”;
(19) Clause 33 —
by deleting
“mineral lease” wherever it occurs and substituting in each place
the following —
“ Mining Lease ”.
(20) Clause 38 —
by deleting “
Arbitration Act 1895 ” and substituting the following —
“
Commercial Arbitration Act 1985 and notwithstanding section 20(1) of that Act
each party may be represented before the arbitrators by a duly qualified legal
practitioner or other representative ”.
(21) The First
Schedule is deleted.
(22) The Second
Schedule is deleted and the following Schedule substituted —
“
THE SECOND SCHEDULE
WESTERN AUSTRALIA
MINERAL SANDS (ENEABBA) AGREEMENT ACT 1975
MINING LEASE
Mining Lease No.
The Minister for Mines a corporation sole established by the Mining Act 1978
with power to grant leases of land for the purposes of mining in consideration
of the rents hereinafter reserved and of the covenants on the part of the
Lessee described in the First Schedule to this lease and of the conditions
hereinafter contained and pursuant to the Mining Act 1978 (except as
otherwise provided by the Agreement (hereinafter called “the
Agreement”) described in the Second Schedule to this lease) hereby
leases to the Lessee the land more particularly delineated and described in
the Third Schedule to this lease for all minerals subject however to the
provisions of the Agreement, to the exceptions and reservations set out in the
Fourth Schedule to this lease and to any other exceptions and reservations
which subject to the Agreement are by the Mining Act 1978 and by any Act for
the time being in force deemed to be contained herein to hold to the Lessee
this lease for a term of twenty-one years commencing on the date set out in
the Fifth Schedule to this lease upon and subject to such of the provisions of
the Mining Act 1978 except as otherwise provided by the Agreement as are
applicable to mining leases granted thereunder and to the terms covenants and
conditions set out in the Agreement and to the covenants and conditions herein
contained or implied and any further conditions or stipulations set out in the
Sixth Schedule to this lease the Lessee paying therefor the rents and
royalties as provided in the Agreement with the right during the currency of
the Agreement and in accordance with the provisions of the Agreement to take
successive renewals of the term each for a further period of twenty-one years
upon the same terms and conditions subject to the sooner determination of the
said term upon cessation or determination of the Agreement PROVIDED ALWAYS
that this lease and any renewal thereof shall not be determined or forfeited
otherwise than in accordance with the Agreement.
In this Lease —
“Lessee” includes the successors and
permitted assigns of the Lessee and if the Lessee be more than one the
respective successors and permitted assigns of each Lessee.
If the Lessee be more than one the liability of
the Lessee hereunder shall be joint and several.
Reference to an Act includes all amendments to
that Act and to any Act passed in substitution therefor or in lieu thereof and
to the relations and by-laws for the time being in force thereunder.
FIRST SCHEDULE
ALLIED ENEABBA LIMITED a company incorporated in Western Australia and having
its registered office at 45 Stirling Highway, Nedlands.
SECOND SCHEDULE
The Agreement ratified by the Minerals Sands (Eneabba) Agreement Act 1975
including any amendments to that Agreement.
THIRD SCHEDULE
(Description of land)
Locality:
Mineral field: Area, etc.:
Being the land delineated on Original Plan No. and recorded in the Department
of Mines, Perth.
FOURTH SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of
the land the subject of this lease is reserved to the Crown in right of the
State of Western Australia with the right of the Crown in right of the State
of Western Australia and any person lawfully claiming thereunder or otherwise
authorised to do so to have access to the land the subject of this lease for
the purpose of searching for and for the operations of obtaining petroleum (as
so defined) in any part of the land.
FIFTH SCHEDULE
(Date of commencement of the lease)
SIXTH SCHEDULE
(Any further conditions or stipulations)
In witness whereof the Minister for Mines has affixed his seal and set his
hand hereto this day of 19
”.
5. The WT Agreement is hereby cancelled and the
rights and obligations of the parties thereto hereby terminated.
Stamp Duty Exemption
6. (1) The State shall
exempt from any stamp duty which but for the operation of this Clause would or
might be assessed and chargeable on —
(a) this
Agreement
(b) the
assignment whereby Western Titanium Ltd assigns all its right title and
interest in the WT Agreement to the Company.
PROVIDED THAT this
Clause shall not apply to any instrument or other document executed or made
more than three years from the date hereof.
(2) If prior to the
date on which the Bill referred to in Clause 2 to ratify this Agreement is
passed as an Act stamp duty has been assessed and paid on any instrument or
other document referred to in subclause (1) the State when such Bill is passed
as an Act shall on demand refund any stamp duty paid on any such instrument or
other document to the person who paid the same.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore written.
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SIGNED by the said THE HONOURABLE PETER M’CALLUM DOWDING, LL.B., M.L.A.
in the presence of — D. PARKER, MINISTER FOR ECONOMIC DEVELOPMENT AND TRADE. |
|
PETER DOWDING |
|
THE COMMON SEAL OF ALLIED ENEABBA LIMITED was hereunto affixed by authority of
the Directors in the presence of — DIRECTOR, SECRETARY, |
|
[C.S.] |
[Schedule 2 inserted: No. 61 of 1988 s. 9.]
