Western Australian Current Acts Western Australian Current Acts[s. 3]
[Heading amended: No. 19 of 2010 s. 4.]
ORD RIVER HYDRO ENERGY PROJECT AGREEMENT
INDEX 2
Page
1. Definitions 5
2. Interpretation 8
3. Initial obligation of the State
8
4. Ratification and operation
8
5. Initial obligations of the Partnership
9
6. Lands for works 9
7. (1) Partnership to
submit proposals 10
(2) Order of proposals
12
(3) Use of existing
infrastructure 12
(4)
Additional submissions
12
8. (1) Consideration
of proposals 12
(2)
Advice of Minister’s decision
13
(3)
Consultation with Minister 13
(4) Minister’s decision subject to
arbitration 13
(5)
Arbitration award 14
(6) Effect of
non-approval of proposals 14
(7) Implementation of proposals
14
9. Extension or termination of Agreement
15
10. Additional proposals
15
11. (1) Land tenures
16
(2)
Modification of Land Act 16
(3) Stone sand clay and
gravel 17
12. Use of local labour professional
services and materials 17
13. Protection and management of the environment
19
14. Electricity Act 19
15. (1) Roads —
Private roads 20
(2)
Maintenance of public roads
21
(3)
Upgrading of public roads 21
(4) Acquisition of private roads
21
16. Water 21
17. Sales to State Energy Commission
21
18. Training levy exemption
22
19. Zoning 22
20. Rating 22
21. No discriminatory rates
22
22. No resumption 23
23. Resumption for the purposes of this Agreement
23
24. Assignment 24
25. Variation 25
26. Force majeure 25
27. Power to extend periods
26
28. Determination of Agreement
26
29. Effect of cessation or determination of
Agreement 27
30. Environmental protection
28
31. Water Supply Agreement
28
32. Indemnity 29
33. Commonwealth licences and covenants
29
34. Subcontracting 30
35. Stamp duty exemption
30
36. Arbitration 30
37. Consultation 31
38. Notices 31
39. Term of Agreement
32
40. Joint and several
32
41. Guarantee 32
42. Applicable law 32
THIS AGREEMENT is made the 26th day of October 1994
B E T W E E N:
THE HONOURABLE RICHARD FAIRFAX COURT , B.Com., 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 PACIFIC HYDRO GROUP TWO PTY. LTD. ACN 061 436
815 a company incorporated in the State of Victoria, PACIFIC HYDRO GROUP THREE
PTY. LTD. ACN 064 817 438 a company incorporated in the Australian Capital
Territory and PACIFIC HYDRO GROUP FOUR PTY. LTD. ACN 064 817 518 a company
incorporated in the Australian Capital Territory each of the companies has its
principal office at Suite 4, 1st Floor, 651 Canterbury Road, Surrey Hills,
Victoria (hereinafter collectively called “the Partnership” in
which term shall be included the successors and permitted assigns of the
parties comprising the Partnership) of the second part and PACIFIC HYDRO
LIMITED ACN 057 279 508 a company incorporated in the State of Victoria and
having its principal office at Suite 4, 1st Floor, 651 Canterbury Road, Surrey
Hills aforesaid (hereinafter called “the Guarantor”) of the third
part.
W H E R E A S:
(a) for the purpose of providing electricity to
the operations carried on pursuant to the Argyle Diamond Agreement (as
hereinafter defined) and the Argyle Tourist Village and facilitating access by
the State Energy Commission of Western Australia to electricity the
Partnership intends to develop a hydro electric power station of at least 30
megawatts at Lake Argyle, a 132 kilovolt high voltage transmission line from
the power station to the Argyle diamond mine and a 132 kilovolt transmission
line from the power station to Kununurra;
(b) the State, for the purpose of promoting
employment opportunity and industrial development in Western Australia, has
agreed to assist the establishment and operation of the said works 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 proposal” means a proposal
approved or deemed to be approved under this Agreement;
“Argyle Diamond Agreement” means the
Agreement (as amended from time to time) ratified by the
Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 ;
“Argyle facilities” means a system for
the transmission of electricity from the power station to the Argyle mining
area, as defined in the Argyle Diamond Agreement, by way of a 132 kilovolt
high voltage transmission line and transformation to mine distribution
voltage;
“Clause” means a clause of this
Agreement;
“Commonwealth” means the Commonwealth
of Australia and includes the Government for the time being thereof;
“Electricity Act” means the
Electricity Act 1945 ;
“EP Act” means the
Environmental Protection Act 1986 ;
“Kununurra facilities” means a system
for the transmission of electricity from the power station to Kununurra by way
of a 132 kilovolt high voltage transmission line and transformation to State
Energy Commission distribution voltage;
“Land Act” means the Land Act 1933 ;
“laws relating to traditional usage”
means laws applicable from time to time in Western Australia in respect of
rights or entitlements to or interests in land or waters which rights,
entitlements or interests are acknowledged, observed or exercisable by
Aboriginal persons (whether communally or individually) in accordance with
Aboriginal traditions, observances, customs or beliefs;
“local authority” means the council of
a municipality that is a city, town or shire constituted under the Local
Government Act 1960 ;
“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
Partnership and includes the successors in office of the Minister;
“Minister for Lands ” means the
Minister in the Government of the State for the time being responsible for the
administration of the Land Act;
“month” means calendar month;
“notice” means notice in writing;
“Partnership’s workforce” means
the persons (and the dependents of those persons) engaged whether as
employees, agents or contractors in the construction and operation of the
power station, the Argyle facilities and the Kununurra facilities;
“person” or “persons”
includes bodies corporate;
“power station” means a hydro electric
power station with a nominal total installed capacity of at least 30
megawatts;
“power station site” means the land
for the site for the power station agreed between the Minister and the
Partnership pursuant to Clause 6;
“private roads” means the roads
referred to in subclause (1) of Clause 15 and any other roads constructed by
the Partnership in accordance with an approved proposal or agreed by the
parties to be a private road for the purposes of this Agreement;
“project” means the power station, the
Argyle facilities and the Kununurra facilities;
“public road” means a road as defined
by the Road Traffic Act 1974 ;
“Rights in Water and Irrigation Act”
means the Rights in Water and Irrigation Act 1914 ;
“Public Works Act” means the
Public Works Act 1902 ;
“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 and includes any successor of the State
Energy Commission engaged in the supply of electrical power;
“State Energy Commission Act” means
the State Energy Commission Act 1979 ;
“subclause” means subclause of the
Clause in which the term is used;
“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;
“Water Authority” means the Water
Authority of Western Australia established pursuant to section 4 of the Water
Authority Act;
“Water Authority Act” means the Water
Authority Act 1984 ;
“Water Supply Agreement” means an
agreement between the Water Authority and the Partnership for the provision of
water to the power station which is approved by the Minister for the purpose
of Clause 31.
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 27 to extend any period or date
shall be without prejudice to the power of the Minister under Clause 27;
(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) one
gender includes the other genders; and
(f)
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
the regulations for the time being in force thereunder.
Initial obligation of the State
3. 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 31 December 1994 or such later date as
may be agreed between the parties hereto.
Ratification and operation
4. (1) The provisions
of this Agreement other than this Clause and Clauses 1, 2 and 3 shall not come
into operation unless and until the Bill referred to in Clause 3 has been
passed as an Act before 31 December 1994 or such later date (if any) as the
parties hereto agree upon.
(2) If before 31
December 1994 or such later agreed date 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 with respect to any matter or thing arising out
of, done, performed, or omitted to be done or performed under this Agreement.
(3) 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.
Initial obligations of the Partnership
5. (1) The Partnership
shall continue its field and office engineering, environmental, market and
finance studies and other matters necessary for the purposes of Clause 6 and
to enable it to finalise and to submit to the Minister the detailed proposals
referred to in Clause 7.
(2) The Partnership
shall keep the State fully informed in writing quarterly as to the progress
and results of its activities under subclause (1).
(3) The Partnership
shall co-operate with the State and consult with the representatives or
officers of the State regarding matters referred to in subclauses (1) and (2)
and any other relevant studies in relation to those subclauses that the
Minister may wish to undertake.
(4) The State shall
subject to the adequate protection of the environment (including flora and
fauna) and the land affected (including improvements thereon) and laws
relating to traditional usage allow the Partnership to enter upon Crown lands
(including land the subject of a pastoral lease) to the extent reasonably
necessary for the purpose of undertaking its obligations under this Clause.
Lands for works
6. (1) As soon as
practicable during its studies under Clause 5, and from time to time during
those studies as required by either of the Partnership or the Minister, the
Partnership shall meet with the Minister to seek agreement on the power
station site and on routes for the Argyle facilities and the Kununurra
facilities and the lands required for those facilities. In seeking such
agreement, regard shall be had to achieving a balance between engineering
matters including the costs of the works, the nature and use of any lands
concerned and interests therein and the cost to both the Partnership and the
State of acquiring the land.
(2) Where the Minister
and the Partnership propose to reach agreement on any such lands (which may
include alternative lands), the Minister shall refer the lands proposed to the
Minister for Lands and the Minister for Lands shall act in relation to any
such reference in accordance with Part IA of the Land Act , and the
provisions of that Part shall apply to the reference, as if the reference were
a proposal that the land be disposed of under that Act.
(3) Forthwith after
sections 27A to 27G of the Land Act have been complied with, the Minister for
Lands shall advise the Minister whether he would or would not be prepared to
dispose under the Land Act of the land the subject of the reference for the
purposes of the power station site, the Argyle facilities or the Kununurra
facilities as the case may be.
(4) If the advice of
the Minister for Lands pursuant to subclause (3) is that he would not be
prepared to dispose of any land the subject of a reference under subclause (2)
then the Partnership and the Minister shall seek to agree on other land for
the purposes of this Agreement. The provisions of subclauses (1), (2), and (3)
and this subclause shall apply to any such other land proposed to be agreed
between the Partnership and the Minister.
(5) Where pursuant to
subclause (3) or (4) the Minister for Lands has advised that he would be
prepared to dispose of land under the Land Act in respect of a proposed route,
the power station site, the Argyle facilities or the Kununurra facilities,
section 7A of that Act shall not apply to any application by the Partnership
pursuant to Clause 11 for that land and section 33E of the Public Works Act
shall not apply to a subsequent setting apart or taking pursuant to the
Public Works Act or this Agreement of that land.
(6) Notwithstanding
anything herein contained if the power station site and the routes for the
Argyle facilities and the Kununurra facilities and the lands required for
those facilities have not been agreed between the Minister and the Partnership
by 31 March 1995 then unless the Minister and the Partnership otherwise agree
this Agreement shall on that date cease and determine and no party hereto
shall have any claim against any other party with respect to any matter or
thing arising out of, done, performed or omitted to be done or performed under
this Agreement.
Partnership to submit proposals
7. (1) Subject to and
in accordance with the EP Act, the laws relating to traditional usage and the
provisions of this Agreement the Partnership shall within 6 months of the date
of agreement on the lands for the project pursuant to Clause 6 submit to the
Minister to the fullest extent reasonably practicable its detailed proposals
(including plans where practicable and specifications where reasonably
required by the Minister and any other details normally required by the local
authority in which area any of the works are to be situated and by the State
Energy Commission in relation to electricity generating or transmission works)
with respect to the establishment and operation of the project and shall
include the location in accordance with Clause 6, 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 each of the following
matters, namely —
(a) the
power station site and routes for the electricity transmission lines and any
leases, licences or easements of land required from the State;
(b) the
power station and ancillary works and facilities;
(c) the
spillway weir;
(d) the
stilling pond;
(e) the
switching station;
(f) the
Argyle facilities;
(g) the
Kununurra facilities;
(h) the
provision of electricity to the Argyle Tourist Village;
(i)
interconnection facilities;
(j)
roads serving the power station, the Argyle facilities and the Kununurra
facilities;
(k)
accommodation and ancillary facilities for the Partnership’s workforce
on or in the vicinity of the power station site and housing or other
appropriate accommodation and facilities generally for the Partnership’s
workforce;
(l)
water supply;
(m) any
other works, services or facilities desired by the Partnership;
(n) use
of local labour professional services manufacturers suppliers contractors and
materials; and
(o) an
environmental management programme as to measures to be taken in respect of
the Partnership’s activities under this Agreement for rehabilitation and
the protection and management of the environment.
Order of proposals
(2) 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 (o) of
subclause (1).
Use of existing infrastructure
(3) The proposals
relating to any of the matters mentioned in subclause (1) of this Clause 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 other than the power station, the Argyle facilities and the
Kununurra facilities provide for the use by the Partnership upon reasonable
terms and conditions of any existing facilities of such kind.
Additional submissions
(4) At the time when
the Partnership submits the said proposals it shall 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 it proposes to consider obtaining from or having carried out or
permitting to be obtained from or carried out outside Australia together with
its reasons therefor and shall, if required by the Minister, consult with the
Minister with respect thereto.
Consideration of proposals
8. (1) Subject to the
EP Act and laws relating to traditional usage, in respect of each proposal
pursuant to subclause (1) of Clause 7 the Minister shall —
(a)
approve of the proposal without qualification or reservation; or
(b)
defer consideration of or decision upon the same until such time as the
Partnership submits a further proposal or proposals in respect of some other
of the matters mentioned in subclause (1) of Clause 7 not covered by the said
proposal; or
(c)
require as a condition precedent to the giving of his approval to the said
proposal that the Partnership makes 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
Partnership 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
alterations or 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 Partnership make such alterations to the proposals as may
be necessary to make them accord with those conditions or procedures.
Advice of Minister’s decision
(2) The Minister shall
within two months after receipt of proposals pursuant to subclause (1) of
Clause 7 or where the proposals are to be assessed under section 40(1)(b) of
the EP Act or where laws relating to traditional usage apply then within two
months after service on him of an authority under section 45(7) of the EP Act
or satisfaction of the requirements under laws relating to traditional usage
(as the case may be) give notice to the Partnership of his decision in respect
to the proposals.
Consultation with Minister
(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 Partnership 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.
Minister’s decision subject to arbitration
(4) If the decision of
the Minister is as mentioned in either of paragraphs (b) or (c) of subclause
(1) and the Partnership considers that the decision is unreasonable the
Partnership 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.
Arbitration award
(5) An award made on
an arbitration pursuant to subclause (4) shall have force and effect as
follows —
(a) if
by the award the dispute is decided against the Partnership then unless the
Partnership within 3 months after delivery of the award gives notice to the
Minister of its acceptance of the award this Agreement shall on the expiration
of that period of 3 months cease and determine and neither the State nor the
Partnership shall have any claim against the other of them with respect to any
matter or thing arising out of, done, performed or omitted to be done or
performed under this Agreement; or
(b) if
by the award the dispute is decided in favour of the Partnership the decision
shall take effect as (and be deemed to be) a notice by the Minister that he is
so satisfied with and approves the matter or matters the subject of the
arbitration.
Effect of non-approval of proposals
(6) Notwithstanding
that under subclause (1) any proposals of the Partnership are approved by the
Minister or deemed to be approved as a consequence of an arbitration award,
unless each and every such proposal and matter is so approved or deemed to be
approved within 12 months of the date for submission of proposals pursuant to
subclause (1) of Clause 7 or by such extended date or period if any as the
Partnership shall be granted or be entitled to pursuant to the provisions of
this Agreement then the Minister may give to the Partnership 12 months notice
of intention to determine this Agreement and unless before the expiration of
the said 12 months period all the detailed proposals and matters are so
approved or deemed to be approved this Agreement shall cease and determine
subject however to the provisions of Clause 29.
Implementation of proposals
(7) Subject to and in
accordance with the EP Act and any approvals and licences required under that
Act and laws relating to traditional usage the Partnership shall implement the
approved proposals in accordance with the terms thereof so that each of the
power station, the Argyle facilities and the Kununurra facilities is
constructed within 2 years of the final approval of the proposals. For the
purpose of this subclause, the power station, the Argyle facilities and the
Kununurra facilities shall be deemed to be constructed when they are able to
be used for the purposes for which they were built.
Extension or termination of Agreement
9. (1) The periods set
forth in subclause (1) of Clause 7 and subclauses (6) and (7) of Clause 8 will
be extended (in addition to any extension granted pursuant to Clause 26 or 27)
upon request of either the Partnership or the State for such reasonable period
or periods as may be necessary from time to time to enable either of the
parties hereto to comply with laws relating to traditional usage.
(2) If either the
Partnership or the State considers the development of the project should not
proceed having regard to matters arising out of laws relating to traditional
usage or by reason of claims or objections lodged under laws relating to
traditional usage, that party shall consult with the other in regard thereto.
Subject to such consultation, either party may at any time before the approval
or determination of the proposals required pursuant to subclause (1) of Clause
7 determine this Agreement by notice to the other whereupon this Agreement
shall cease and determine and no party hereto shall have any claim against any
other party with respect to any matter or thing arising out of, done,
performed or omitted to be done or performed under this Agreement.
Additional proposals
10. (1) If the
Partnership at any time during the continuance of this Agreement desires to
significantly modify expand or otherwise vary its activities carried on
pursuant to any approved proposals it 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 (o) of subclause (1) of Clause 7
as the Minister may require.
(2) The provisions of
Clause 7 and Clause 8 (other than subclauses (5), (6) and (7) of Clause 8)
shall mutatis mutandis apply to detailed proposals submitted pursuant to this
Clause with the proviso that the Partnership 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 it 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 and laws relating to traditional usage the Partnership shall
implement approved proposals pursuant to this Clause in accordance with the
terms thereof.
Land tenures
11. (1) On application
made by the Partnership, not later than 3 months after all its proposals
submitted pursuant to subclause (1) of Clause 7 have been approved or deemed
to have been approved and the Partnership has complied with the provisions of
subclause (4) of Clause 7, the State shall in accordance with the approved
proposals grant to the Partnership, or arrange to have the appropriate
authority or other interested instrumentality of the State grant, at
reasonable rentals or fees or for other reasonable consideration and for such
periods (not exceeding 27 years with one automatic extension for a period of
15 years at the option of the Partnership) and on such terms and conditions as
shall be reasonable having regard to the requirements of the Partnership
—
(a) a
lease of the power station site;
(b)
leases or easements for access roads to the Partnership’s works under
this Agreement; and
(c)
other leases licences or easements as appropriate in respect of the project
under and, except as
otherwise provided in this Agreement, subject to the Land Act (as modified by
this Agreement) and any such lease, licence or easement may be granted
notwithstanding that the survey in respect thereof has not been completed but
subject to such corrections to accord with the survey when completed at the
Partnership’s expense.
Modification of Land Act
(2) For the purpose of
this Agreement in respect of any land to which subclause (1) applies the
Land Act shall be deemed to be modified by —
(a) the
substitution for subsection (2) of section 45A of the following subsection
—
“(2) Upon the
Minister signifying approval pursuant to subsection (1) of this section in
respect of any such land the same may subject to this section be
leased.”;
(b) the
deletion of the proviso to section 116;
(c) the
deletion of section 135;
(d) the
deletion of section 143;
(e) the
inclusion of a power to grant occupancy rights over land on such terms and
conditions as the Minister for Lands may determine;
(f) the
inclusion of a power to grant leases or licences for terms or periods and on
such terms and conditions (including renewal rights) and in forms consistent
with the provisions of this Agreement in lieu of the terms or periods, the
terms and conditions and the forms referred to in the Land Act .
The provisions of this
subclause shall not operate so as to prejudice the rights of the State to
determine any lease licence or other right or title in accordance with the
other provisions of this Agreement.
Stone sand clay and gravel
(3) The State shall in
accordance with approved proposals grant to the Partnership a mining lease or
mining leases for the obtaining of stone sand clay and gravel for the
construction of the project such mining lease or mining leases to be granted
under and, except as otherwise provided herein, subject to the Mining Act 1978
but limited in term to a reasonable period required for construction of the
project and rehabilitation in accordance with the approved proposals of the
leased areas. No royalty shall be payable under the Mining Act 1978 in respect
of stone sand clay and gravel obtained from any such mining lease.
Use of local labour professional services and materials
12. (1) The
Partnership shall, for the purposes of this Agreement —
(a)
except in those cases where the Partnership can demonstrate it is
impracticable so to do, use labour available within Western Australia or if
such labour is not available then, except as aforesaid, use labour otherwise
available within Australia;
(b) as
far as it is reasonable and economically practicable so to do, use the
services of engineers surveyors architects and other professional consultants
experts and specialists, project managers, manufacturers, suppliers and
contractors resident and available within Western Australia or if such
services are not available within Western Australia then, as far as
practicable as aforesaid, use the services of such persons otherwise available
within Australia;
(c)
during design and 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 suitably qualified Western
Australian and Australian suppliers manufacturers and contractors are given
fair and reasonable opportunity to tender or quote;
(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 or,
subject to the foregoing, give that consideration and where possible
preference to other Australian suppliers manufacturers and contractors; and
(e) if
notwithstanding the foregoing provisions of this subclause a contract is to be
let or an order is to be placed with other than a Western Australian or
Australian supplier, manufacturer or contractor, give proper consideration and
where possible preference to tenders arrangements or proposals that include
Australian participation.
(2) Except as
otherwise agreed by the Minister the Partnership shall in every contract
entered into with a third party for the supply of services labour works
materials plant equipment or 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
Partnership concerning such third party’s implementation of that
condition.
(3) The Partnership
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 its implementation of the provisions of this Clause together with a
copy of any report received by the Partnership pursuant to subclause (2)
during that month or longer period as the case may be PROVIDED THAT the
Minister may agree that any such reports need not be provided in respect of
contracts of such kind or value as the Minister may from time to time
determine.
(4) The Partnership
shall keep the Minister informed on a regular basis as determined by the
Minister from time to time or otherwise as required by the Minister during the
currency of this Agreement of any services (including any elements of the
project investigations design and management) and any works materials plant
equipment and supplies that it may be proposing to obtain from or have carried
out or permit to be obtained from or carried out outside Australia together
with its reasons therefor and shall as and when required by the Minister
consult with the Minister with respect thereto.
Protection and management of the environment
13. (1) The
Partnership shall in respect of the matters referred to in paragraph (o) of
subclause (1) of Clause 7 and which are the subject of approved proposals,
carry out a continuous programme including monitoring to ascertain the
effectiveness of the measures it is taking pursuant to such approved proposals
for rehabilitation and the protection and management of the environment and
shall as and when reasonably required by the Minister from time to time submit
to the Minister a detailed report thereon.
(2) Whenever as a
result of its activities pursuant to subclause (1) or otherwise information
becomes available to the Partnership which in order to more effectively
rehabilitate, protect or manage the environment may necessitate or could
require any changes or additions to any approved proposals or require matters
not addressed in any such proposals to be addressed the Partnership shall
forthwith notify the Minister thereof and with such notification shall submit
a detailed report thereon.
(3) The Minister may
within 2 months of the receipt of a detailed report pursuant to subclauses (1)
or (2) notify the Partnership that he requires additional detailed proposals
to be submitted in respect of all or any of the matters the subject of the
report and such other reasonable matters as the Minister may require in
connection therewith.
(4) The Partnership
shall within 2 months of receipt of a notice given pursuant to subclause (3)
submit to the Minister additional detailed proposals as required and the
provisions of subclauses (1), (2), (3) and (4) of Clause 8 shall mutatis
mutandis apply.
(5) Subject to and in
accordance with the EP Act and any approvals and licences required under that
Act the Partnership shall implement the decision of the Minister or any award
on arbitration as the case may be in accordance with the terms thereof.
14. For the purpose of this Agreement in respect
of the construction and operation of the power station, the Argyle facilities
and the Kununurra facilities the Electricity Act shall be deemed to be
modified by —
(a) the
deletion of sections 7, 8, 12, 13(4), (5) and (6), 17, 32(1)(a), (d) and (l)
and 43;
(b) the
deletion of “Commission” wherever it occurs in sections 13(1), (2)
and (3), 14, 16 and 20 and the substitution in each case of the following
—
“Minister”;
(c) in
section 28 —
(i)
by inserting after “this Act” in paragraph
(a) the following —
“as modified by
the Agreement (as amended from time to time) ratified by the
Ord River Hydro Energy Project Agreement Act 1994 ”; and
(ii)
by inserting after “the Act” the following
—
“as modified as
aforesaid”; and
(d) the
addition at the end of section 33(1) of the following proviso —
“PROVIDED THAT
to the extent of any inconsistency between approved proposals under the
agreement (as amended from time to time) ratified by the
Ord River Hydro Energy Project Agreement Act 1994 and any by-laws made
pursuant to this subsection, the approved proposals will prevail.”.
Roads — Private roads
15. (1) The
Partnership shall —
(a) be
responsible for the cost of the construction and maintenance of all private
roads which shall be used in its activities hereunder;
(b) at
its own cost erect signposts and take other steps that may be reasonable in
the circumstances to prevent any persons and vehicles other than those engaged
upon the Partnership’s activities and its invitees and licensees from
using the private roads; and
(c) at
any place where any private roads are constructed by the Partnership so as to
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.
Maintenance of public roads
(2) The State shall
maintain or cause to be maintained those public roads under the control of the
Commissioner of Main Roads or a local authority which may be used by the
Partnership for the purposes of this Agreement to a standard similar to
comparable public roads maintained by the Commissioner of Main Roads or a
local authority as the case may be.
Upgrading of public roads
(3) In the event that
for or in connection with the Partnership’s activities hereunder the
Partnership or any person engaged by the Partnership uses or wishes to use a
public road (whether referred to in subclause (2) or otherwise) which is
inadequate for the purpose, or any use by the Partnership or any person
engaged by the Partnership of any public road results in excessive damage to
or deterioration thereof (other than fair wear and tear) the Partnership 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 having regard to the use of such public road by
others.
Acquisition of private roads
(4) Where a road
constructed by the Partnership for its own use is subsequently required for
public use, the State may, after consultation with the Partnership and so long
as resumption thereof shall not unduly prejudice or interfere with the
activities of the Partnership under this Agreement, resume and dedicate such
road as a public road. Upon any such resumption the State shall pay to the
Partnership such amount as is reasonable.
Water
16. The water requirements of the Partnership for
its operations under this Agreement shall be obtained in accordance with the
provisions of the Water Authority Act 1984 or other relevant Act.
Sales to State Energy Commission
17. The Partnership is empowered to enter into any
arrangements for the sale of electrical power to the State Energy Commission
as may be agreed between the Partnership and the State Energy Commission.
Training levy exemption
18. The provisions of the
Building and Construction Industry Training Levy Act 1990 and the
Building and Construction Industry Training Fund and Levy Collection Act 1990
shall have no application to the Partnership when acting pursuant to and in
accordance with the provisions of this Agreement.
Zoning
19. The State shall ensure after consultation with
the relevant local authority that the power station site and any other lands
the subject of any lease, licence or easement granted to the Partnership under
this Agreement shall be and remain zoned for use or otherwise protected during
the currency of this Agreement so that the activities of the Partnership
hereunder may be undertaken and carried out thereon without any interference
or interruption by the State or by any State agency or instrumentality or by
any local or other authority of the State on the ground that such activities
are contrary to any zoning by-law regulation or order.
Rating
20. (1) The State
shall ensure that notwithstanding the provisions of any Act or anything done
or purported to be done under any Act the valuation of the lands the subject
of any lease licence or easement granted pursuant to this Agreement (except
any parts of such lands on which accommodation units or housing for the
Partnership’s workforce is erected or which is occupied in connection
with such accommodation units or housing and except as to any part upon which
there stands any improvements that are used in connection with a commercial
undertaking not directly related to the activities carried out by the
Partnership pursuant to approved proposals) shall for rating purposes under
the Local Government Act 1960 , be deemed to be on the unimproved value
thereof and no such lands shall be subject to any discriminatory rate.
(2) It is hereby
declared and agreed that the provisions of section 533B of the Local
Government Act 1960 shall not apply to any lands the subject of this
Agreement.
No discriminatory rates
21. 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 activities of the Partnership in the
conduct of its 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 Partnership of full enjoyment of the rights granted and intended
to be granted under this Agreement.
No resumption
22. Subject to the performance by the Partnership
of its obligations under this Agreement the State shall not during the
currency of this Agreement without the consent of the Partnership resume nor
suffer nor permit to be resumed by any State instrumentality or by any local
or other authority of the State any of the works installations plant equipment
or other property for the time being belonging to the Partnership and the
subject of or used for the purpose of this Agreement AND without the consent
of the Partnership (which shall not be unreasonably withheld) the State shall
not create or grant or permit or suffer to be created or granted by any
instrumentality or authority of the State as aforesaid any road right-of-way
water right or easement of any nature or kind whatsoever over or in respect of
the power station site and ancillary works and facilities which may unduly
prejudice or interfere with the Partnership’s activities under this
Agreement.
Resumption for the purposes of this Agreement
23. (1) The State may
as and for a public work under the Public Works Act, resume any land required
for the power station site, the Argyle facilities and the Kununurra facilities
in accordance with approved proposals and notwithstanding any other provisions
of that Act may grant leases licenses or easements of that land to the
Partnership and the provisions of subsections (2) to (7) inclusive of section
17 and section 17A of that Act shall not apply to or in respect of that land
or the resumption thereof. The Partnership shall pay to the State on demand
the costs of and incidental to any land resumed at the request of and on
behalf of the Partnership except that the State shall pay any compensation
payable pursuant to, and the costs incurred by it in connection with, the Land
(Titles and Traditional Usage) Act 1993 .
(2) For the purposes
of this Agreement, and in the Public Works Act, when construed for the
purposes of this Agreement, a reference to “land” shall be read as
extending to any land, or to any portion of any land, or to the subsoil,
surface or airspace relating thereto and to any estate, right, title,
easement, lease, licence, privilege, or other interest, in, over, under,
affecting, or in connection with that land or any portion, stratum or other
specified sector of that land.
Assignment
24. (1) Subject to the
provisions of this Clause the Partnership may at any time with the consent of
the Minister assign mortgage charge sublet or dispose of to any other company
or person the whole or any part of the rights of the Partnership hereunder
(including its rights to or as the holders of any lease licence or easement)
and of the obligations of the Partnership 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 Partnership 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
Partnership 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 its part contained in this Agreement and in any
lease licence or easement the subject of an assignment mortgage subletting or
disposition under subclause (1) PROVIDED THAT the Minister may agree to
release the Partnership from such liability where the Minister considers such
release will not be contrary to the interests of the State.
(3) Notwithstanding
the provisions of the Land Act and the Transfer of Land Act 1893 , insofar as
the same or any of them may apply —
(a) no
assignment mortgage charge sublease or disposition made or given pursuant to
this Clause during the currency of this Agreement of or over any lease licence
or easement granted under or pursuant to this Agreement by the Partnership 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 during the currency of
the Agreement 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
25. (1) The
Partnership and the State 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 any lease licence easement grant or other title granted under or
pursuant to this Agreement 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
26. 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 contractors and 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
27. Notwithstanding any provision of this
Agreement the Minister may at the request of the Partnership 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
28. (1) In any of the
following events namely if —
(a)
(i) the Partnership makes
default which the State considers material in the due performance or
observance of any of the covenants or obligations of the Partnership in this
Agreement or in any lease licence or easement granted or assigned under this
Agreement on its part to be performed or observed; or
(ii)
the Partnership abandons or repudiates this Agreement or
its activities under this Agreement
and such default is
not remedied or such activities 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) any
of the parties comprising the Partnership goes 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 that party is
assigned to an assignee approved by the Minister under Clause 24
the State may by
notice to the Partnership 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 Partnership
and all such assignees mortgagees chargees and disponees for the time being of
the Partnership’s said rights to or in favour of whom or by whom an
assignment mortgage charge or disposition has been effected in terms of Clause
24 whose name and address for service of notice has previously been notified
to the State by the Partnership or any such assignee mortgagee chargee or
disponee.
(3) (a)
If the Partnership contests the alleged default
abandonment or repudiation referred to in paragraph (a) of subclause (1) the
Partnership 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 Partnership, the Partnership 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 Partnership was 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 Partnership 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 causing to be remedied such default shall be a debt payable by
the Partnership to the State on demand.
Effect of cessation or determination of Agreement
29. (1) On the
cessation or determination of this Agreement pursuant to subclause (6) of
Clause 8, Clause 28 or Clause 39 —
(a)
except as otherwise agreed by the Minister the rights of the Partnership to in
or under this Agreement and the rights of the Partnership or of any assignee
of the Partnership or any mortgagee to in or under any lease licence or
easement or right granted hereunder or pursuant hereto shall thereupon cease
and determine but without prejudice to the liability of any 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
Partnership shall forthwith pay to the State all moneys which may then have
become payable or accrued due;
(c) save
as aforesaid and as otherwise provided in this Agreement no party hereto shall
have any claim against the other of them with respect to any matter or thing
in or arising out of this Agreement.
(2) Subject to the
provisions of subclause (3) upon the cessation or determination of this
Agreement except as otherwise determined by the Minister all buildings
erections and other improvements (including all electricity transmission works
constructed pursuant to this Agreement) erected on any land then occupied by
the Partnership under any other lease licence easement or other title made
under or pursuant to this Agreement shall become and remain the absolute
property of the State without the payment of any compensation or consideration
to the Partnership or any other party and freed and discharged from all
mortgages and other encumbrances and the Partnership shall do and execute all
such deeds documents and other acts matters and things (including surrenders)
as the State may reasonably require to give effect to the provisions of this
subclause.
(3) In the event of
the Partnership immediately prior to the cessation or determination of this
Agreement or within three months after such cessation or determination
desiring to remove any of its fixed or movable plant and equipment or any part
thereof from any part of the land occupied by it at the date of such cessation
or determination it shall give to the State notice of such desire and thereby
shall grant to the State the right or option exercisable within 3 months
thereafter to purchase in situ such fixed or moveable plant and equipment at a
fair valuation to be agreed between the Partnership and the State or failing
agreement determined by arbitration under this Agreement.
Environmental protection
30. Nothing in this Agreement shall be construed
to exempt the Partnership from compliance with any requirement in connection
with the protection of the environment arising out of or incidental to its
activities under this Agreement that may be made pursuant to the EP Act.
Water Supply Agreement
31. For the purposes of the Water Supply Agreement
—
(a) the
State shall ensure that no request is made to the Governor in relation to the
making or alteration or repeal of Orders in Council pursuant to section 44 of
the Rights in Water and Irrigation Act which may affect the supply of water by
the Water Authority to the Partnership without prior consultation in regard
thereto between the Minister and the Partnership;
(b) the
Rights in Water and Irrigation Act shall be deemed modified by the deletion of
section 45;
(c) the
Country Areas Water Supply Act 1947 shall be deemed modified by the deletion
of section 39;
(d)
section 63(1) of the Water Authority Act shall be read and construed so that
the section does not apply to any person in the Water Supply Agreement for
payment by the Water Authority to the Partnership of liquidated damages as a
result of failure by the Water Authority to release water to the Partnership;
and
(e) the
State shall ensure that any use by the State Energy Commission of its powers
under section 42 of the State Energy Commission Act in relation to the Ord
River Main Dam shall not have a material adverse effect on the operations of
the power station.
Indemnity
32. The Partnership 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 Partnership
pursuant to this Agreement or relating to its activities hereunder or arising
out of or in connection with the construction maintenance or use by the
Partnership or its servants agents contractors or assignees of the
Partnership’s works or services the subject of this Agreement or the
plant apparatus or equipment installed in connection therewith PROVIDED THAT,
without in any way affecting the Partnership’s obligations to the State
under Clause 23, the foregoing provisions of this Clause shall not apply to
any resumption by the State pursuant to Clause 23.
Commonwealth licences and covenants
33. (1) The
Partnership 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 Partnership to enter into this
Agreement and to perform any of its obligations hereunder.
(2) On request by the
Partnership the State shall make representations to the Commonwealth or to the
Commonwealth constituted agency authority or instrumentality concerned for the
grant to the Partnership of any licence or consent mentioned in subclause (1).
Subcontracting
34. 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
activities which it is authorised or obliged to carry out hereunder.
Stamp duty exemption
35. (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) any
instrument executed by the State pursuant to this Agreement granting to or in
favour of the Partnership or any permitted assignee any lease licence or
easement; and
(c) any
assignment, sublease or disposition (other than by way of mortgage or charge)
made in conformity with the provisions of subclause (1) of Clause 24
PROVIDED THAT this
subclause shall not apply to any instrument or other document executed or made
more than 1 year 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 so paid to the
person who paid it.
Arbitration
36. (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 under this Agreement or as to any matter to be
agreed upon between the Partnership and the State or the Minister as the case
may be under this Agreement shall in default of agreement between them 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 either 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 the arbitration 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
37. The Partnership shall during the currency of
this Agreement consult with and keep the State fully informed on a
confidential basis concerning any action that the Partnership proposes 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.
Notices
38. 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 Partnership at Suite
4, 1st Floor, 651 Canterbury Road, Surrey Hills, Victoria or other address in
Western Australia nominated as its address for service by the Partnership to
the Minister from time to time and by the Partnership if signed on its behalf
by any person or persons authorised by its or by its 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.
Term of Agreement
39. Subject to the provisions of subclause (6) of
Clause 8 and Clauses 28 and 29 this Agreement shall expire on the expiration
or sooner determination or surrender of the lease granted pursuant to Clause
11 of the power station site.
Joint and several
40. The obligations of each of the parties
comprising the Partnership shall be joint and several under this Agreement.
Guarantee
41. Notwithstanding any addition to or deletion or
variation of the provisions of this Agreement or of any lease licence easement
grant or other title granted under or pursuant to this Agreement or any time
or other indulgence granted by the State or the Minister to the Partnership
whether or not notice thereof is given to the Guarantor, the Guarantor hereby
guarantees to the State the due performance by the Partnership of all its
obligations to be performed hereunder during the period from the date of this
Agreement until the power station the Argyle facilities and the Kununurra
facilities are deemed to be constructed in accordance with subclause (7) of
Clause 8.
Applicable law
42. This Agreement shall be interpreted according
to the law for the time being in force in the State of Western Australia.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore mentioned.
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SIGNED by the said |
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Richard F. Court |
MINISTER FOR RESOURCES DEVELOPMENT
Colin Barnett
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SIGNED, SEALED AND DELIVERED |
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SIGNED, SEALED AND DELIVERED |
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SIGNED, SEALED AND DELIVERED |
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SIGNED, SEALED AND DELIVERED |
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