Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading amended: No. 19 of 2010 s. 4; No 14 of
2017 s. 6.]
THIS AGREEMENT is made this 8th 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 first part YALGOO MINERALS PTY. LTD. a company
incorporated in Western Australia and having its registered office at 4th
Level, 1050 Hay Street, West Perth and KMCC WESTERN AUSTRALIA PTY. LTD. a
company incorporated in Western Australia and having its registered office at
care of Robox Nominees Pty. Ltd., 35th Floor, R & I Tower, 108 St.
George’s Terrace, Perth (hereinafter called “the Joint
Venturers” in which term shall be included their respective successors
and permitted assigns) of the second part and TIO2 CORPORATION NL a company
incorporated in Western Australia and having its registered office at 4th
Level, 1050 Hay Street, West Perth and KERR-McGEE CHEMICAL CORPORATION a
company incorporated in the State of Delaware in the United States of America
and having its principal place of business at Kerr-McGee Center, Oklahoma
City, Oklahoma, United States of America (hereinafter called “the
Guarantors”) of the third part.
WHEREAS:
(a) the Joint Venturers have established the
existence of a heavy mineral sands ore body within the mining areas as
hereinafter defined and desire to mine the ore body and to process the ore at
a dry processing plant to be established by the Joint Venturers near Muchea;
(b) the Joint Venturers also desire to construct
and operate a synthetic rutile plant adjacent to the dry processing plant near
Muchea and a titanium dioxide pigment plant at Kwinana;
(c) the Joint Venturers intend to provide such
facilities and services as may be necessary for their activities under this
Agreement and for the accommodation and welfare of their workforce;
(d) KMCC and Tific (hereinafter defined) have
agreed to enter into a Joint Venture relating to the exploration of the Jurien
tenements (hereinafter defined); and
(e) the State for the purpose of promoting
employment opportunity and development within Western Australia has agreed to
assist the Joint Venturers upon and subject to the terms of this Agreement.
NOW THIS AGREEMENT WITNESSES:
Definitions
1. In this Agreement subject to the context
—
“advise”, “apply”,
“approve”, “approval”, “consent”,
“certify”, “direct”, “notify”,
“request”, or “require”, means advise, apply, approve,
approval, consent, certify, direct, notify, request, or require in writing as
the case may be and any inflexion or derivation of any of those words has a
corresponding meaning;
“approved project” means the project
relating to the mining of heavy mineral sands within the mining areas and the
establishment of a dry processing plant at Muchea as described in the bound
volume entitled “Project Description” initialled by or on behalf
of the Minister and the Joint Venturers for the purpose of identification;
“approved proposal” means a proposal
approved or determined under this Agreement;
“Clause” means a clause of this
Agreement;
“commencement date” means the date the
Bill referred to in Clause 3 comes into operation as an Act;
“Commissioner of Main Roads” means the
Commissioner of Main Roads appointed under the Main Roads Act 1930 ;
“Commonwealth” means the Commonwealth
of Australia and includes the Government for the time being thereof;
“EP Act” means the
Environmental Protection Act 1986 ;
“heavy minerals” means titaniferous
minerals (including ilmenite rutile and leucoxene) and magnetite zircon
monazite kyanite staurolite xenotime and garnet resulting from the separation
of heavy mineral concentrates;
“heavy mineral concentrates” means
heavy mineral ore concentrated prior to separation into component heavy
minerals;
“heavy mineral ore” means any rock
soil or sand bearing heavy minerals mined from the Mining Lease;
“Joint Venturers’ workforce”
means the persons (and the dependants of those persons) connected directly
with the Joint Venturers’ activities under this Agreement, whether or
not such persons are employed by the Joint Venturers;
“Jurien Mining Lease” means the Mining
Lease granted pursuant to Clause 6 and according to the requirements of the
context shall describe the area of land demised as well as the instrument by
which it is demised;
“Jurien tenements” means Exploration
Licence 70/153 and includes any mining lease or mining leases granted to Tific
or to Tific and KMCC in respect of the land the subject of that Exploration
Licence;
“KMCC” means the said KMCC Western
Australia Pty. Ltd.;
“Land Act” means the Land Act 1933 ;
“local authority” means the council of
a municipality that is a city, town or shire constituted under the Local
Government Act 1960 ;
“Mining Act” means the Mining Act 1978
;
“mining areas” means the areas
coloured green and red on the plan marked “A” (initialled by or on
behalf of the parties hereto for the purpose of identification);
“Mining Lease” means the Mining Lease
granted pursuant to Clause 5 and according to the requirements of the context
shall describe the area of land demised as well as the instrument by which it
is demised;
“Minister” means the Minister in the
Government of the State for the time being responsible for the administration
of the Act to ratify this Agreement and pending the passing of that Act means
the Minister for the time being designated in a notice from the State to the
Joint Venturers and includes the successors in office of the Minister;
“Minister for Mines” means the
Minister in the Government of the State for the time being responsible for the
administration of the Mining Act ;
“month” means calendar month;
“notice” means notice in writing;
“person” or “persons”
includes bodies corporate;
“private road” means a road (not being
a public road) which is either constructed by the Joint Venturers in
accordance with the approved project or an approved proposal or agreed by the
parties to be a private road for the purposes of this Agreement;
“public road” means a road as defined
by the Road Traffic Act 1974 ;
“Railways Commission” means the
Western Australian Government Railways Commission established pursuant to the
Government Railways Act 1904 ;
“said State” means the State of
Western Australia;
“State Energy Commission” means the
State Energy Commission of Western Australia as described in section 7 of the
State Energy Commission Act 1979 ;
“subclause” means subclause of the
Clause in which the term is used;
“synthetic rutile” means upgraded
ilmenite containing an average titanium dioxide (TiO2) content of not less
than 90%;
“this Agreement” “hereof”
and “hereunder” refer to this Agreement whether in its original
form or as from time to time added to varied or amended;
“Tific” means Tific Pty. Ltd. a
company incorporated in Western Australia and having its registered office at
4th Level, 1050 Hay Street, West Perth.
Interpretation
2. In this Agreement —
(a)
monetary references are references to Australian currency unless otherwise
specifically expressed;
(b)
power given under any clause other than Clause 24 to extend any period or date
shall be without prejudice to the power of the Minister under Clause 24;
(c)
clause headings do not affect the interpretation or construction;
(d)
words in the singular shall include the plural and words in the plural shall
include the singular according to the requirements of the context;
(e)
reference to an Act includes the amendments to that Act for the time being in
force and also any Act passed in substitution therefor or in lieu thereof and
any regulations and by laws for the time being in force thereunder; and
(f) any
convenant or agreement on the part of the Joint Venturers under this Agreement
shall be deemed to be a joint and several covenant or agreement as the case
may be.
Ratification and operation
3. (1) 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 15
December 1988 or such later date as the parties may agree.
(2) The provisions of
this Agreement other than this Clause and Clauses 1 and 2 shall not come into
operation until the Bill referred to in subclause (1) has been passed by the
Parliament of Western Australia and comes into operation as an Act.
(3) If before 15
December 1988 or such later date as aforesaid the said Bill has not commenced
to operate as an Act then unless the parties hereto otherwise agree this
Agreement shall then cease and determine and no party hereto shall have any
claim against any other party hereto with respect to any matter or thing
arising out of done performed or omitted to be done or performed under this
Agreement.
(4) On the said Bill
commencing to operate as an Act all the provisions of this Agreement shall
operate and take effect notwithstanding the provisions of any Act or law.
Implementation of approved project
4. The Joint Venturers shall subject to and in
accordance with this Agreement and the EP Act and any approvals and licences
required under that Act implement the approved project in accordance with the
terms thereof.
Mining Lease
5. (1) Notwithstanding
the provisions of the Mining Act on application made to the Minister for Mines
by the Joint Venturers, not later than 3 months after the commencement date,
for a Mining Lease over so much of the mining areas as they desire and in
respect of which the Joint Venturers or either of them then hold mining leases
or other mining tenements the State shall upon the surrender of all mining
leases and other mining tenements held by the Joint Venturers or either of
them in respect of land within the mining areas cause to be granted to the
Joint Venturers a Mining Lease of the land so applied for 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 Schedule hereto and subject to such
of the conditions of the surrendered mining leases and mining tenements 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 .
(2) Subject to the
performance by the Joint Venturers of their obligations under this Agreement
and the Mining Act and notwithstanding any provisions of the Mining Act to the
contrary the term of the Mining Lease shall be for a period of 21 years
commencing from the date of receipt of the application therefor under
subclause (1) with a right to an extension pursuant to subclause (2) of Clause
35 but otherwise there shall be no right for any renewal of the said term or
any extension thereof.
(3) The State shall
ensure that during the currency of this Agreement and subject to compliance
with their obligations hereunder the Joint Venturers shall not be required to
comply with the expenditure conditions imposed by or under the Mining Act in
regard to the Mining Lease.
(4) The Joint
Venturers shall at all times permit the State and third parties with the
consent of the State (with or without stock, vehicles and rolling stock) to
have access to and to pass over the Mining Lease (by separate route, road or
railway) so long as that access and passage does not unduly prejudice or
interfere with the operations of the Joint Venturers under this Agreement
PROVIDED THAT the provisions of this subclause shall not apply to privately
owned land in the Mining Lease.
(5) The Joint
Venturers shall not mine any land within the area coloured red on the said
plan marked “A” until proposals relating to the establishment of a
titanium dioxide pigment plant at Kwinana shall have been approved or
determined pursuant to Clause 10.
(6) Notwithstanding
the provisions of this Clause the Joint Venturers 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 Joint Venturers’ 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 the approved project or
approved proposals as the case may be and any condition relating thereto
applicable pursuant to the Mining Lease in manner acceptable to the Minister
for Mines.
(7) Notwithstanding
the provisions of the Mining Act the Joint Venturers may from time to time
during the currency of this Agreement apply to the Minister for areas held by
the Joint Venturers 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 Joint Venturers’ expense.
Jurien tenements
6. (1) If KMCC and
Tific decide to undertake commercial mining in respect of the Jurien tenements
and give written notice to the Minister informing him of that decision the
following provisions shall apply:
(a)
subject to paragraph (d) below, the Minister for Mines notwithstanding the
Mining Act shall on application by KMCC and Tific and upon surrender of the
Jurien tenements cause to be granted to KMCC and Tific the Jurien Mining Lease
in respect of the land within the Jurien tenements so applied for, such Jurien
Mining Lease to be granted under and, except as otherwise provided in this
Agreement subject to the Mining Act but in the form ( mutatis mutandis ) of
the Schedule hereto and subject to such of the conditions of the Jurien
tenements 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;
(b) the
term of the Jurien Mining Lease shall be a period expiring on the day of
expiration of the initial term of the Mining Lease;
(c) all
of the provisions in this Agreement shall apply mutatis mutandis with respect
to the Jurien Mining Lease including, without limiting the generality of the
foregoing, the rights of renewal contained in Clause 35; and
(d)
Tific shall execute in favour of the State (unless the Minister otherwise
determines) a deed of covenant in a form to be approved by the Minister to
comply with, observe and perform the provisions of this Agreement on the part
of the Joint Venturers insofar as those provisions relate mutatis mutandis to
the Jurien Mining Lease.
Royalties
7. (1) The Joint
Venturers shall pay to the State in respect of all minerals mined or produced
by the Joint Venturers from the Mining Lease and used, sold, transferred or
otherwise disposed of by them royalties at the rates from time to time
prescribed under or pursuant to the provisions of the Mining Act .
(2) The Joint
Venturers shall —
(a)
comply with the provisions of the Mining Act and regulations thereunder with
respect to the filing of production reports and royalty returns and the
assessment, verification and payment of royalties;
(b)
promptly report in writing to the Minister for Mines details of all minerals
of economic significance discovered in, on or under the lands the subject of
the Mining Lease;
(c)
lodge with the Department of Mines at Perth such periodical reports and
returns as may be prescribed in respect of the Mining Lease pursuant to
regulations under the Mining Act; and
(d) as
and when required by the Minister for Mines from time to time install and
thereafter maintain in good working order and condition meters for measuring
movements of minerals mined and minerals produced of such design or designs
and at such places as the Minister for Mines may require.
Synthetic rutile plant
8. (1) The Joint
Venturers shall on or before 31 December 1988 (or by such extended date as the
Minister may allow as hereinafter provided) and subject to the EPA Act and the
provisions of this Agreement submit to the Minister to the fullest extent
reasonably practicable their detailed proposals (including plans where
practicable and specifications where reasonably required by the Minister) with
respect to the establishment and operation of a synthetic rutile plant at
Muchea to process ilmenite from the mining areas and having a production
capacity of not less than 130 000 tonnes of synthetic rutile per annum which
proposals shall make provision for the Joint Venturers’ workforce
required in connection with the plant and shall include the location, area,
layout, design, quantities, materials and time programme for the commencement
and completion of construction or the provision (as the case may be) of the
said plant and of each of the following matters, namely —
(a) the
mining and concentration of heavy mineral ore and the separation of heavy
mineral concentrates into heavy minerals and the transport of heavy minerals
to and the processing thereof in the plant and the transport of bulk materials
and commodities to the plant;
(b)
roads;
(c)
housing and accommodation for the Joint Venturers’ workforce and the
provision of utilities and services and associated facilities in connection
herewith;
(d)
water supplies;
(e)
energy supplies;
(f)
railways;
(g) use
of local professional services labour and materials and measures to be taken
with respect to the engagement and training of employees by the Joint
Venturers, their agents and contractors;
(h) an
environmental management programme as to measures to be taken, in respect of
the Joint Venturers’ activities under this Agreement, for the protection
and management of the environment.
(2) The provisions of
Clause 23 shall not apply to subclause (1).
(3) Each of the
proposals pursuant to subclause (1) may with the approval of the Minister or
if so required by him be submitted separately and in any order as to the
matter or matters mentioned in one or more of paragraphs (a) to (h) of
subclause (1).
(4) At the time when
the Joint Venturers submit the said proposals they shall —
(a)
submit to the Minister details of any services (including any elements of the
project investigations design and management) and any works materials plant
equipment and supplies that they propose to consider obtaining from or having
carried out or permitting to be obtained from or carried out outside Australia
together with their reasons therefor and shall, if required by the Minister,
consult with the Minister with respect thereto; and
(b)
furnish to the Minister’s satisfaction evidence of —
(i)
marketing arrangements demonstrating the Joint
Venturers’ ability profitably to sell or use heavy mineral products in
accordance with the said proposals;
(ii)
the availability of finance necessary for the fulfilment
of the operations to which the said proposals refer; and
(iii)
the readiness of the Joint Venturers to embark upon and
proceed to carry out the operations referred to in the said proposals.
Consideration of proposals
9. (1) Subject to the
EP Act, in respect of proposals pursuant to subclause (1) of Clause 8 the
Minister shall —
(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 Joint
Venturers submit a further proposal or proposals in respect of some other of
the matters mentioned in subclause (1) of Clause 8 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 Joint Venturers 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
Joint Venturers 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 has 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 Joint Venturers 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 receipt of the said proposals pursuant to subclause
(1) of Clause 8 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 Joint Venturers
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) the Minister shall afford the Joint Venturers full opportunity to consult
with him and should they 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) and the Joint Venturers consider that the decision is unreasonable the
Joint Venturers 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) 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 Joint Venturers shall implement the proposals as approved or
determined pursuant to this Clause in accordance with the terms thereof.
Titanium dioxide pigment plant
10. (1) The Joint
Venturers shall on or before 30 June 1989 (or by such extended date as the
Minister may allow as hereinafter provided) and subject to the provisions of
this Agreement submit to the Minister to the fullest extent reasonably
practicable their detailed proposals (including plans where practicable and
specifications where reasonably required by the Minister) with respect to the
establishment and operation of a titanium dioxide pigment plant at Kwinana to
process heavy mineral products and having a production capacity of not less
than 54,000 tonnes of titanium dioxide pigment per annum which proposals shall
make provision for the Joint Venturers’ workforce required in connection
herewith and shall include the location, area, lay-out, design, quantities,
materials and time programme for the commencement and completion of
construction or the provision (as the case may be) of the said pigment plant
and such of the matters mentioned in paragraphs (d) to (h) of subclause (1) of
Clause 8 as the Minister may require.
(2) The provisions of
subclauses (2) to (4) of Clause 8 and the provisions of Clause 9 shall mutatis
mutandis apply to proposals submitted pursuant to subclause (1).
(3) The State
acknowledges that if directions are given pursuant to subsection (1) of
section 73 of the EP Act to the Joint Venturers in respect of the site for the
said pigment plant and the Joint Venturers are not either of the persons
mentioned in paragraphs (a) or (b) of subsection (2) of that section the Joint
Venturers shall be entitled to be reimbursed the cost of complying with those
directions in accordance with subsection (2) of that section.
(4) If the Joint
Venturers fail to submit proposals pursuant to subclause (1) by the date
required by that subclause the State may, without prejudice to its other
rights under this Agreement, require the Joint Venturers to surrender to the
State the area coloured red on the said plan marked “A” out of the
Mining Lease and the Joint Venturers shall forthwith comply with such
requirement.
Additional proposals
11. If the Joint Venturers at any time during the
continuance of this Agreement desire to significantly modify expand or
otherwise vary their activities carried on pursuant to this Agreement
(including levels of production) beyond those activities specified in the
approved project or in any approved proposals or to mine minerals from the
Mining Lease in addition to heavy minerals or to extend mining (whether of
heavy minerals or other minerals) into any area of the Mining Lease not the
subject of the approved project or an approved proposal they shall give notice
of such desire to the Minister and within 2 months thereafter shall submit to
the Minister detailed proposals in respect of all matters covered by such
notice and such of the other matters mentioned in paragraphs (a) to (h) of
subclause (1) of Clause 8 and other relevant information as the Minister may
require. The provisions of Clause 8 and Clause 9 shall mutatis mutandis apply
to detailed proposals submitted pursuant to this Clause with the additional
provision that the Joint Venturers may withdraw such proposals at any time
before approval thereof or, where any decision of the Minister in respect
thereof is referred to arbitration, within 3 months after the award by notice
to the Minister that they shall not be proceeding with the same. Subject to
and in accordance with the EP Act and any approvals and licences required
under that Act the Joint Venturers shall implement proposals approved or
determined pursuant to this Clause in accordance with the terms thereof.
Protection and management of the environment
12. (1) The Joint
Venturers shall in respect of the matters relating to the environment which
are referred to in the approved project or which are the subject of approved
proposals, carry out a continual programme of investigation, research and
monitoring to ascertain the effectiveness of the measures they are taking both
generally and pursuant to the approved project or such approved proposals as
the case may be for protection and management of the environment.
(2) The Joint
Venturers shall during the currency of this Agreement submit to the Minister
—
(a) not
later than 31 December 1989 and 31 December in each year thereafter (except
those years in which a comprehensive report is required to be submitted
pursuant to paragraph (b) of this subclause) a brief report concerning
investigations and research carried out pursuant to subclause (1) and the
implementation by the Joint Venturers of the elements of the approved project
and approved proposals relating to the protection and management of the
environment in the year ending 31 October immediately preceding the due date
for the brief report; and
(b) not
later than 31 December 1991 and 31 December in each third year thereafter, a
comprehensive report on the result of such investigations and research and the
implementation by the Joint Venturers of the elements of the approved project
and approved proposals relating to the protection and management of the
environment during the three year period ending 31 October immediately
preceding the due date for the detailed report together with a mining plan
setting forth the proposed mining operations of the Joint Venturers during the
three year period commencing 1 November immediately preceding such due date
and the programme proposed to be undertaken by the Joint Venturers during that
period in regard to investigation and research under subclause (1) and the
implementation by the Joint Venturers of the elements of the approved project
and approved proposals relating to the protection and management of the
environment.
(3) The Minister may
within 2 months of receipt of a report pursuant to paragraph (b) of subclause
(2) notify the Joint Venturers that he —
(a)
requires amendment of the report and/or programme for the ensuing 3 years; or
(b)
requires additional detailed proposals to be submitted for the protection and
management of the environment.
(4) The Joint
Venturers shall within 2 months of receipt of a notice pursuant to paragraph
(a) of subclause (3) submit to the Minister an amended report and/or programme
as required. The Minister shall afford the Joint Venturers full opportunity to
consult with him on his requirements during the preparation of any amended
report or programme.
(5) The Minister may
within 1 month of receipt of an amended report or programme pursuant to
subclause (4) notify the Joint Venturers that he requires additional detailed
proposals to be submitted for the protection and management of the
environment.
(6) The Joint
Venturers shall within 2 months of receipt of a notice pursuant to paragraph
(b) of subclause (3) or subclause (5) submit to the Minister additional
detailed proposals as required and the provisions of Clause 9 shall mutatis
mutandis apply to those proposals.
Use of local labour professional services and materials
13. (1) The Joint
Venturers shall, for the purposes of this Agreement —
(a)
except in those cases where the Joint Venturers can demonstrate it is
impracticable so to do, use labour available within the said State;
(b) as
far as it is reasonable and economically practicable so to do use the services
of engineers surveyors architects and other professional consultants, project
managers manufacturers suppliers and contractors resident and available within
the said State;
(c) when
preparing specifications calling for tenders and letting contracts for works
materials plant equipment and supplies (which shall at all times, except where
it is impracticable so to do, use or be based upon Australian Standards and
Codes) ensure that Western Australian suppliers manufacturers and contractors
are given fair and reasonable opportunity to tender or quote; and
(d) give
proper consideration and where possible preference to Western Australian
suppliers manufacturers and contractors when letting contracts or placing
orders for works, materials, plant, equipment and supplies where price quality
delivery and service are equal to or better than that obtainable elsewhere.
(2) The Joint
Venturers shall in every contract entered into with a third party for the
supply of services labour works materials plant equipment and supplies for the
purposes of this Agreement require as a condition thereof that such third
party shall undertake the same obligations as are referred to in subclause (1)
and shall report to the Joint Venturers concerning such third party’s
implementation of that condition.
(3) The Joint
Venturers shall submit a report to the Minister at monthly intervals or such
longer period as the Minister determines commencing from the date of this
Agreement concerning their implementation of the provisions of this Clause
together with a copy of any report received by the Joint Venturers pursuant to
subclause (2) during that month or longer period as the case may be.
Water
14. (1) Where the
Joint Venturers require to use underground water for all or part of their
water requirements the State subject to the Water Authority Act 1984 and other
relevant Acts shall issue licences to the Joint Venturers for withdrawal of
underground water up to the amounts and of the qualities agreed between the
State and the Joint Venturers provided that any agreement under this Clause
shall be subject to the State being satisfied that such water can be withdrawn
without detriment to either the water source or other users.
(2) Where water is
available from an existing State water supply scheme and the Joint Venturers
and the State agree that water will be supplied by the State to the Joint
Venturers from that scheme for all or part of the water requirements of the
Joint Venturers hereunder the State shall supply such water subject to the
provisions of the Water Authority Act 1984 and relevant Acts and subject to
agreement on charges and tariffs to be paid by the Joint Venturers to the
State for supply of such water.
(3) Where water is
agreed to be supplied to the Joint Venturers from a State water supply scheme
under subclause (2) and the existing scheme requires augmentation or extension
to be able to supply such water the Joint Venturers shall meet the full cost
of such augmentation or extension.
Electricity and gas
15. The Joint Venturers shall enter into
negotiations with the State Energy Commission with a view to obtaining their
requirements of electricity and gas for their operations under this Agreement
from the State Energy Commission on terms and conditions to be agreed.
Roads
16. (1) The Joint
Venturers shall —
(a) be
responsible for the cost of the construction and maintenance of all private
roads which shall be used in their operations hereunder;
(b) at
their own cost make such provision as shall ensure that all persons and
vehicles (other than those engaged upon the Joint Venturers’ operations
and their invitees and licensees) are excluded from use of any private roads
specified in approved proposals as not for use by the public; and
(c) at
any place where any private roads cross any railways or public roads provide
at its cost such reasonable protection and signposting as may be required by
the Commissioner of Main Roads or the Railways Commission as the case may be.
(2) In the event that
for or in connection with the Joint Venturers’ operations hereunder the
Joint Venturers or any person engaged by the Joint Venturers uses or wishes to
use a public road which is inadequate for the purpose, or any use by the Joint
Venturers or any person engaged by the Joint Venturers of any public road
results in excessive damage to or deterioration thereof (other than fair wear
and tear) the Joint Venturers shall pay to the State or the local authority as
the case may require the whole or an equitable part of the total cost of any
upgrading required or of making good the damage or deterioration as may be
reasonably required by the Commissioner of Main Roads or relevant local
authority having regard to the use of such public road by others.
(3) Where a road
constructed by the Joint Venturers for their own use is subsequently required
for public use, the State may, after consultation with the Joint Venturers and
so long as resumption thereof shall not unduly prejudice or interfere with the
operations of the Joint Venturers under this Agreement, resume and dedicate
such road as a public road. Upon any such resumption the State shall pay to
the Joint Venturers such amount as the State considers to be reasonable.
Rail transport
17. (1) Subject to
subclause (2) the Joint Venturers shall, except as otherwise agreed by the
Minister, transport by rail —
(a) to
Muchea all the Joint Venturers’ requirements of bulk materials and
commodities required for their operations at the mining areas, the dry
processing plant and the synthetic rutile plant; and
(b)
between Muchea and Kwinana all heavy minerals and heavy mineral products
produced from the mining areas, the dry processing plant or the synthetic
rutile plant.
(2) The provisions of
subclause (1) shall not apply during any period in which the Railways
Commission for any reason shall be unable to transport the Joint
Venturers’ daily requirements by rail.
(3) (a)
The Joint Venturers shall in respect of transport
by rail pursuant to this Agreement pay freight charges as agreed with the
Railways Commission.
(b) The
Joint Venturers and the Railways Commission shall enter into a freight
agreement or freight agreements 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 and from time to time may add to, substitute for or vary
the freight agreement (and the freight agreement as entered into, added to,
substituted or varied shall if the Joint Venturers and the Railways Commission
so agree operate retrospectively) and may provide for variation of the
obligations referred to in this Clause. The provisions of Clause 22 shall not
apply to the freight agreement as entered into, added to, substituted or
varied pursuant to this subclause or to any variation with respect to this
Clause pursuant to this subclause.
Other infrastructure
18. The Joint Venturers shall confer with the
Minister and the relevant local authorities with a view —
(a) to
ensuring that appropriate planning is being made for the provision of adequate
serviced land for housing the Joint Venturers’ workforce; and
(b) to
assisting in the cost of providing community, recreation, civic and social
amenities, where appropriate, having due regard to the size of the Joint
Venturers’ workforce and the scope of the Joint Venturers’
operations to be carried out pursuant to this Agreement.
Zoning
19. The sites for the dry processing plant, the
synthetic rutile plant and the pigment plant may be developed and such plants
may be constructed and operated in accordance with this Agreement and the
approved project or approved proposals as the case may be notwithstanding any
contrary zoning or classification of use of the sites or any of them under the
Town Planning and Development Act 1928 , the Local Government Act 1960 or any
other Act or any by-law regulation or order.
No discriminatory rates
20. Except as provided in this Agreement the State
shall not impose, nor shall it permit or authorise any of its agencies or
instrumentalities or any local or other authority of the State to impose
discriminatory taxes rates or charges of any nature whatsoever on or in
respect of the titles property or other assets products materials or services
used or produced by or through the operations of the Joint Venturers in the
conduct of their business hereunder nor will the State take or permit to be
taken by any such State authority any other discriminatory action which would
deprive the Joint Venturers of full enjoyment of the rights granted and
intended to be granted under this Agreement.
Assignment
21. (1) Subject to the
provisions of this Clause the Joint Venturers or either of them may at any
time with the consent of the Minister assign mortgage charge sublet or dispose
of the whole or any part of the rights of the Joint Venturers or either of
them hereunder (including their respective rights to or as holder of the
Mining Lease) and of the obligations of the Joint Venturers hereunder subject
however in the case of an assignment subletting or disposition to the assignee
sublessee or disponee (as the case may be) executing in favour of the State
(unless the Minister otherwise determines) a deed of covenant in a form to be
approved by the Minister to comply with observe and perform the provisions
hereof on the part of the Joint Venturers to be complied with observed or
performed in regard to the matter or matters the subject of such assignment
subletting or disposition.
(2) Notwithstanding
anything contained in or anything done under or pursuant to subclause (1) the
Joint Venturers shall at all times during the currency of this Agreement be
and remain liable for the due and punctual performance and observance of all
the covenants and agreements on their part contained in this Agreement
PROVIDED THAT the Minister may agree to release the Joint Venturers or either
of them from such liability where he considers such release will not be
contrary to the interests of the State.
(3) Notwithstanding
the provisions of the Mining Act —
(a) no
assignment mortgage charge sublease or disposition made or given pursuant to
this Clause of or over the mining lease by the Joint Venturers or any assignee
sublessee or disponee who has executed and is for the time being bound by deed
of covenant made pursuant to this Clause; and
(b) no
transfer assignment mortgage or sublease made or given in exercise of any
power contained in any such mortgage or charge shall require any approval or
consent other than such consent as may be necessary under this Clause.
Variation
22. (1) The parties to
this Agreement may from time to time by agreement in writing add to substitute
for cancel or vary all or any of the provisions of this Agreement or of the
Mining Lease for the purpose of more efficiently or satisfactorily
implementing or facilitating any of the objects of this Agreement.
(2) The Minister shall
cause any agreement made pursuant to subclause (1) in respect of any addition
substitution cancellation or variation of the provisions of this Agreement to
be laid on the Table of each House of Parliament within 12 sitting days next
following its execution.
(3) Either House may
within 12 sitting days of that House after the agreement has been laid before
it pass a resolution disallowing the agreement but if after the last day on
which the agreement might have been disallowed neither House has passed such a
resolution the agreement shall have effect from and after that last day.
Force majeure
23. Except as provided in Clauses 8 and 10 this
Agreement shall be deemed to be made subject to any delays in the performance
of the obligations under this Agreement and to the temporary suspension of
continuing obligations under this Agreement that may be caused by or arise
from circumstances beyond the power and control of the party responsible for
the performance of those obligations including without limiting the generality
of the foregoing delays or any such temporary suspension as aforesaid caused
by or arising from act of God force majeure earthquakes floods storms tempest
washaways fire (unless caused by the actual fault or privity of the party
responsible for such performance) act of war act of public enemies riots civil
commotions strikes lockouts stoppages restraint of labour or other similar
acts (whether partial or general) acts or omissions of the Commonwealth
shortages of labour or essential materials reasonable failure to secure
contractors delays of contracts substantial changes in the world market for
products produced pursuant to this Agreement or factors due to overall world
economic conditions or factors due to action taken by or on behalf of any
government or governmental authority (other than the State or any authority of
the State) or factors that could not reasonably have been foreseen PROVIDED
ALWAYS that the party whose performance of obligations is affected by any of
the said causes shall promptly give notice to the other party of the event or
events and shall use its best endeavours to minimise the effects of such
causes as soon as possible after the occurrence.
Power to extend periods
24. Notwithstanding any provision of this
Agreement the Minister may at the request of the Joint Venturers from time to
time extend or further extend any period or vary or further vary any date
referred to in this Agreement or in any approved proposal for such period or
to such later date as the Minister thinks fit whether or not the period to be
extended has expired or the date to be varied has passed.
Determination of Agreement
25. (1) In any of the
following events namely if —
(a)
(i) the Joint Venturers make
default (other than a default referred to in paragraph (b)(i) of this
subclause) which the State considers material in the due performance or
observance of any of the covenants or obligations of the Joint Venturers in
this Agreement or in the Mining Lease; or
(ii)
the Joint Venturers abandon or repudiate this Agreement
or their operations under this Agreement
and such default is
not remedied or such operations resumed within a period of 180 days after
notice is given by the State as provided in subclause (2) or, if the default
or abandonment is referred to arbitration, then within the period mentioned in
subclause (3); or
(b)
(i) the Joint Venturers fail
to submit proposals pursuant to Clause 8 or Clause 10 or fail to implement any
proposals approved or determined under those Clauses in accordance with the
terms thereof; or
(ii)
the Joint Venturers or either of them go into liquidation
(other than a voluntary liquidation for the purpose of reconstruction) and
unless within 3 months from the date of such liquidation the interest of the
Joint Venturer is assigned to the other Joint Venturer or to an assignee
approved by the Minister under Clause 21
the State may by notice to the Joint Venturers
determine this Agreement.
(2) The notice to be
given by the State in terms of paragraph (a) of subclause (1) shall specify
the nature of the default or other ground so entitling the State to exercise
such right of determination and where appropriate and known to the State the
party or parties responsible therefor and shall be given to the Joint
Venturers and all such assignees mortgagees chargees and disponees for the
time being of the Joint Venturers’ said rights to or in favour of whom
or by whom an assignment mortgage charge or disposition has been effected in
terms of Clause 21 whose name and an address for service of notice within the
said State has previously been notified to the State by the Joint Venturers or
any such assignee mortgagee chargee or disponee.
(3) (a)
If the Joint Venturers contest the alleged default
abandonment or repudiation referred to in paragraph (a) of subclause (1) the
Joint Venturers shall within 60 days after notice given by the State as
provided in subclause (2) refer the matter in dispute to arbitration.
(b) If
the question is decided against the Joint Venturers, the Joint Venturers shall
comply with the arbitration award within a reasonable time to be fixed by that
award PROVIDED THAT if the arbitrator finds that there was a bona fide dispute
and that the Joint Venturers were not dilatory in pursuing the arbitration,
the time for compliance with the arbitration award shall not be less than 90
days from the date of such award.
(4) If the default
referred to in paragraph (a) of subclause (1) shall not have been remedied
after receipt of the notice referred to in that subclause 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 Joint Venturers and to make use of all plant machinery equipment and
installations thereon) and the actual costs and expenses incurred by the State
in remedying or cause to be remedied such default shall be a debt payable by
the Joint Venturers to the State on demand.
Effect of cessation or determination of Agreement
26. On the cessation or determination of this
Agreement —
(a)
except as otherwise agreed by the Minister the rights of the Joint Venturers
to in or under this Agreement shall thereupon cease and determine but without
prejudice to the liability of either of the parties hereto in respect of any
antecedent breach or default under this Agreement or in respect of any
indemnity given under this Agreement;
(b) the
Joint Venturers shall forthwith pay to the State all moneys which may then
have become payable or accrued due and if a surrender has been required by the
State under Clause 10(4) but has not been effected the Joint Venturers shall
forthwith complete such surrender;
(c) the
Joint Venturers may request that the Mining Lease, subject to subclause (4) of
Clause 10, continue in force for its unexpired term as if it were a mining
lease under and subject to the Mining Act whereupon the Minister for Mines
shall issue the appropriate mining lease or mining leases as the case may
require in the stead thereof (and the Jurien Mining Lease if then existing)
under the Mining Act for the balance of the term of the Mining Lease but
without the benefit of any of the provisions of this Agreement;
(d) save
as aforesaid and as otherwise provided in this Agreement neither of the
parties shall have any claim against the other of them with respect to any
matter or thing in or arising out of this Agreement.
Provision of finance
27. (1) Where under
any provisions of this Agreement the Joint Venturers are liable to make
payments to the State the Joint Venturers may, subject to the prior consent of
the Minister, in lieu of such payments otherwise provide finance or cause
finance to be provided to any equal amount to the particular liability in such
manner as may be determined by the Minister.
(2) Where under any
provision of this Agreement or any approved proposal the Joint Venturers are
liable to make payments to the State for services and facilities to be
provided by the State the parties shall subject to the relevant provision or
approved proposal enter into an agreement regarding the nature and extent of
such payments prior to the commencement of any such work or expenditure.
Environmental protection
28. Nothing in this Agreement shall be construed
to exempt the Joint Venturers from compliance with any requirement in
connection with the protection of the environment arising out of or incidental
to their activities under this Agreement that may be made by the State or by
any State agency or instrumentality or any local or other authority or
statutory body of the State pursuant to any Act from time to time in force.
Indemnity
29. The Joint Venturers shall indemnify and keep
indemnified the State and its servants agents and contractors in respect of
all actions suits claims demands or costs of third parties arising out of or
in connection with any work carried out by or on behalf of the Joint Venturers
pursuant to this Agreement or relating to their activities hereunder or
arising out of or in connection with the construction maintenance or use by
the Joint Venturers or their servants agents contractors or assignees of the
Joint Venturers’ works or services the subject of this Agreement or the
plant apparatus or equipment installed in connection therewith PROVIDED THAT
subject to the provisions of any other relevant Act such indemnity shall not
apply in circumstances where the State, its servants, agents, or contractors
are negligent in carrying out work for the Joint Venturers pursuant to this
Agreement.
Commonwealth licences and consents
30. (1) The Joint
Venturers shall from time to time make application to the Commonwealth or to
the Commonwealth constituted agency, authority or instrumentality concerned
for the grant to it of any licence or consent under the laws of the
Commonwealth necessary to enable or permit the Joint Venturers to enter into
this Agreement and to perform any of its obligations hereunder.
(2) On request by the
Joint Venturers the State shall make representations to the Commonwealth or to
the Commonwealth constituted agency authority or instrumentality concerned for
the grant to the Joint Venturers of any licence or consent mentioned in
subclause (1).
Subcontracting
31. The State shall ensure that without affecting
the liabilities of the parties under this Agreement either party shall have
the right from time to time to entrust to third parties the carrying out of
any portions of the operations which it is authorised or obliged to carry out
hereunder.
Stamp duty exemption
32. (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 to KMCC by the said Yalgoo Minerals Pty. Ltd. and Tific of one half
of their interests in mining tenements over the mining areas and the Jurien
tenements and mining information relating thereto pursuant to a Sale and
Purchase Agreement dated 28 October 1988 and made between Minproc Holdings
Limited, the said Yalgoo Minerals Pty. Ltd., Tific, KMCC and the said
Kerr-McGee Chemical Corporation.
(c) any
instrument executed by the State pursuant to this Agreement granting to or in
favour of the Joint Venturers or any permitted assignee any tenement lease
licence easement or other right or rights; and
(d) any
assignment sublease or disposition (other than by way of mortgage or charge)
made in conformity with the provisions of subclause (1) of Clause 21
PROVIDED THAT this
subclause shall not apply to any instrument or other document executed or made
more than 5 years from the date hereof.
(2) If prior to the
date on which the Bill referred to in Clause 3 to ratify this Agreement is
passed as an Act stamp duty has been assessed and paid on any instrument or
other document or transaction 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 or transaction to the person who paid the
same.
Arbitration
33. (1) Any dispute or
difference between the parties arising out of or in connection with this
Agreement the construction of this Agreement or as to the rights duties or
liabilities of either party hereunder or as to any matter to be agreed upon
between this Agreement shall in default of agreement between the parties and
in the absence of any provision in this Agreement to the contrary be referred
to and settled by arbitration under the provisions of the Commercial
Arbitration Act 1985 and notwithstanding section 20(1) of that Act each party
may be represented before the arbitrator by a duly qualified legal
practitioner or other representative.
(2) Except where
otherwise provided in this Agreement, the provisions of this Clause shall not
apply to any case where the State the Minister or any other Minister in the
Government of the said State is by this Agreement given either expressly or
impliedly a discretionary power.
(3) The arbitrator of
any submission to arbitration under this Agreement is hereby empowered upon
the application of either of the parties to grant in the name of the Minister
any interim extension of any period or variation of any date referred to
herein which having regard to the circumstances may reasonably be required in
order to preserve the rights of that party or of the parties under this
Agreement and an award may in the name of the Minister grant any further
extension or variation for that purpose.
Consultation
34. The Joint Venturers shall during the currency
of this Agreement consult with and keep the State fully informed on a
confidential basis concerning any action that the Joint Venturers propose to
take with any third party (including the Commonwealth or any Commonwealth
constituted agency authority instrumentality or other body) which might
significantly affect the overall interest of the State under this Agreement.
Term
35. (1) Subject to the
provisions of Clause 25 and this Clause this Agreement shall expire on the
expiration or sooner determination or surrender of the Mining Lease.
(2) If the Joint
Venturers give notice to the Minister during the last six months of the
initial term of the Mining Lease that they desire to have the provisions of
this Agreement extended for a period of five years, or such longer period not
exceeding ten years as the Minister may approve, the Minister providing the
Joint Venturers are not in default of their obligations under this Agreement
shall extend the term of the Agreement and the Minister for Mines shall extend
the term of the Mining Lease, by endorsement thereon of such extension,
accordingly.
(3) If the Mining
Lease is extended pursuant to subclause (2) and continues for the full term of
such extension the Joint Venturers may provided they are not in default of
their obligations under this Agreement, give notice to the Minister during the
first 6 months of the last year of the extended term of the Mining Lease of
their desire to have a mining lease under the Mining Act granted to them in
respect of such area of the Mining Lease as they nominate in the notice and on
expiration of such term the Minister for Mines shall grant a mining lease or
mining leases as the case may require under the Mining Act to the Joint
Venturers in respect of the area so nominated.
Notices
36. Any notice consent or other writing authorised
or required by this Agreement to be given or sent shall be deemed to have been
duly given or sent by the State if signed by the Minister or by any senior
officer of the Public Service of the said State acting by the direction of the
Minister and forwarded by prepaid post or handed to the Joint Venturers at
their respective addresses in the said State hereinbefore set forth or other
addresses in the said State nominated by the Joint Venturers to the Minister
for the purpose of this Clause and by the Joint Venturers if signed on their
behalf by any person or persons authorised by them or by their solicitors as
notified to the State from time to time and forwarded by prepaid post or
handed to the Minister and except in the case of personal service any such
notice consent or writing shall be deemed to have been duly given or sent on
the day on which it would be delivered in the ordinary course of post.
Guarantee
37. Notwithstanding any addition to deletion or
variation of the provisions of this Agreement or any time or other indulgence
granted by the State to the Joint Venturers whether or not notice thereof is
given to the Guarantors by the State the Guarantors hereby jointly and
severally guarantee to the State the due performance by the Joint Venturers of
all their obligations to be performed hereunder.
Applicable law
38. This Agreement shall be interpreted according
to the law for the time being in force in the State of Western Australia.
THE SCHEDULE
WESTERN AUSTRALIA
MINERAL SANDS (COOLJARLOO) MINING AND PROCESSING AGREEMENT ACT 1988
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 and any extension thereof pursuant to Clause
35 of the Agreement (subject to the sooner determination of the said term or
any extension upon the cessation or determination of the Agreement) upon and
subject to such of the provisions of the Mining Act 1978 except as otherwise
provided by the Agreement as are applicable to mining leases granted
thereunder and to the terms covenants and conditions set out in the Agreement
and to the covenants and conditions herein contained or implied and any
further conditions or stipulations set out in the Sixth Schedule to this lease
the Lessee paying therefor the rents for the time being and from time to time
prescribed pursuant to the provision of the Mining Act 1978 at the times and
in the manner so prescribed and royalties as provided in the Agreement
PROVIDED ALWAYS that this lease shall not be determined or forfeited otherwise
than in accordance with the Agreement.
In this lease —
“Lessee” includes the successors and
permitted assigns of the Lessee.
If the Lessee be more than one the liability of
the Lessee hereunder shall be joint and several.
Reference to an Act includes all amendments to
that Act for the time being in force and also any Act passed in substitution
therefor or in lieu thereof and to the regulations and by-laws for the time
being in force thereunder.
FIRST SCHEDULE
YALGOO MINERALS PTY LTD a company incorporated in Western Australia and having
its registered office at 4th Level, 1050 Hay Street, West Perth and KMCC
WESTERN AUSTRALIA PTY LTD a company incorporated in Western Australia and
having its registered office at care of Robox Nominees Pty Ltd, 35th Floor, R
& I Tower, 108 St. George’s Terrace, Perth.
SECOND SCHEDULE
The Agreement made between the State of Western Australia of the first part
Yalgoo Minerals Pty Ltd of the second part and KMCC Western Australia Pty Ltd
and TIO2 Corporation NL and Kerr-McGee Chemical Corporation of the third part
ratified by the Mineral Sands (Cooljarloo) Mining and Processing Agreement
Act 1988 .
THIRD SCHEDULE
(Description of land:)
Locality:
Mineral Field: Area, etc.:
Being the land delineated on Survey Diagram No.
and
recorded in the Department of Mines, Perth.
FOURTH SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of
the land the subject of this lease is reserved to the Crown in right of the
State of Western Australia with the right of the Crown in right of the State
of Western Australia and any person lawfully claiming thereunder or otherwise
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..........
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 |
|
PETER DOWDING |
D. PARKER
MINISTER FOR ECONOMIC DEVELOPMENT AND TRADE
|
THE COMMON SEAL of |
|
[C.S.] |
Director S. D. MEREDITH
Secretary L. W. MARSHALL
|
THE COMMON SEAL of |
|
[C.S.] |
Director B. J. MONTGOMERY
Secretary R. C. STEINEPREIS
|
THE COMMON SEAL of |
|
[C.S.] |
Director R. J. WILDE
Secretary L. W. MARSHALL
|
Signed for and on behalf |
|
B. J. MONTGOMERY |
