Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading inserted: No. 19 of 2010 s. 25(3).]
THIS AGREEMENT under seal made the 27 th day of July One thousand nine hundred
and sixty BETWEEN THE HONOURABLE DAVID BRAND M.L.A. Premier and Treasurer of
the State of Western Australia contracting for and on behalf of the said State
and the Government and instrumentalities thereof from time to time
(hereinafter referred to as “the State”) of the first part AND
AUSTRALIAN PAPER MANUFACTURERS LIMITED a Company duly incorporated under the
Companies Statutes of the State of New South Wales having its Head Office at
South Gate South Melbourne in the State of Victoria and having its registered
office in the State of Western Australia at 9 Howard Street Perth (hereinafter
referred to as “the Company” in which term shall be incorporated
its successors and permitted assigns) of the other part.
WHEREAS:
A. The Company is at
present carrying on manufacturing operations at Bayswater in the State of
Western Australia and in other States of the Commonwealth of Australia and had
made long term plans for extending its operations by the establishment of a
new mill at Spearwood in the State of Western Australia.
B. The State desires
to encourage and expedite the early expansion of the industry and has
indicated to the Company its readiness to provide financial and other
assistance in the furtherance of this objective.
C. The Company has accordingly entered into
negotiations for this agreement upon the basis that the State will co-operate
with the Company in the establishment of the industry.
D. Before the Company incurs the expense and risk
involved in establishment of the industry it is necessary for it to be assured
as hereinafter provided that certain rights powers and facilities incidental
to the establishment and carrying on of the industry will be reasonably
assured to it.
E. It is the intention of the Company to proceed
with and complete the erection and place in commercial production a paper and
paper board mill as mentioned in clause 2 hereof.
F. The Company has under consideration further
long range plans for extensions to the proposed mill and also for the
establishment of a pulp mill or mills in the State dependent upon the growth
of the market demand and general economic conditions.
G. The State in consideration of the
Company’s proposals to establish the industry has agreed to introduce
legislation to approve and ratify this agreement and to enable its provisions
to be carried into effect.
NOW IT IS HEREBY AGREED as follows: —
Interpretation 2
1. (a)
In this agreement unless the context otherwise requires the following
terms have the following meanings —
“date of commencement” means the day
upon which the Company commences commercial production from the mill to be
erected on the mill site pursuant to clause 2 of this agreement;
“cost of the mill” means the total
expenditure as certified by the Company’s auditors incurred and paid by
the Company up to the thirty-first day of December 1967 in the acquisition of
the mill site and in the design construction and bringing into operation and
the completion of the mill referred to in subclause (a) of clause 2 hereof
plus an additional eight per centum of the expenditure incurred to cover the
Company’s overhead and administrative expenses of and in connection with
the mill;
“financial year” means a year
commencing on and including the first day of July;
“the mill” means the paper and paper
board mill or mills and ancillary equipment to be erected by the Company on
the mill site pursuant to clause 2 of this agreement;
“mill site” means the land comprising
approximately four hundred (400) acres now owned by the Company immediately
east of McLeod Street in the Cockburn Road District within the said State and
more particularly described in the mortgage referred to in clause 3 hereof
together with any adjoining land which the Company may hereafter acquire;
“month” means calendar month;
“person and persons” includes the
other of such words and also a body corporate;
“ratifying Act” means the Act referred
to in subclause (c) of this clause;
“said State” means the State of
Western Australia;
“this agreement” and
“hereof” include this agreement as from time to time amended;
“Minister” means the Minister for
Industrial Development in the Government of the said State his successors in
office or other the Minister for the time being responsible under whatsoever
title for the administration of industrial development in the said State
AND the singular includes the plural the masculine the feminine and the word
“company” includes a corporation. The side notes 2 shall not
affect the interpretation of this agreement.
Administration 2
(b)
(i) The Minister shall be
responsible on behalf of the State for the administration of this agreement
and for the co-ordination of correspondence and dealings between the Company
and the State and its instrumentalities.
Interpretation 2
(ii)
The Minister in the interpretation of this agreement and
in using his powers and applying his discretions under this agreement will
have regard to the fact that the Company is engaged in a competitive business.
Legislation 2
(c)
(i) The provisions of this
agreement other than this subclause shall not come into operation unless and
until the agreement is ratified by an Act passed by The Parliament of Western
Australia but shall come into operation on the day upon which that Act comes
into operation.
(ii)
If the Act is not passed within two years from the date
hereof this agreement shall not operate and neither of the parties hereto will
have any claim against the other with respect to anything in or arising out of
this agreement.
Company to establish mill 2
2. THE Company HEREBY COVENANTS AND AGREES with
the State —
(a) That
prior to the end of the year one thousand nine hundred and sixty-six the
Company will construct establish and put into commercial production on the
mill site at a capital cost of not less than TWO MILLION FIVE HUNDRED THOUSAND
POUNDS (£2,500,000) (including the cost of acquisition of the mill site)
an industrial mill capable when working 8,000 hours per annum of producing
initially fifteen thousand (15,000) tons or thereabouts a year of paper and
paper board. The mill shall be so constructed as to be capable of expansion.
(b) That
as long as any moneys are owing by the Company to the state under the
provisions hereof or of the mortgage referred to in clause 3 hereof the
Company will maintain the mill and the plant thereof in good and serviceable
condition and running order.
(c) To
give notice in writing to the State of the date of commencement within one (1)
month of such date.
Government loan 2
3. THE State and the Company hereby MUTUALLY
COVENANT AND AGREE that subject to the provisions of the mortgage or mortgages
referred to in this clause and to the due registration thereof —
(a)
Subject to subclause (b) of this clause the State will make advances to the
Company by way of loan of two-thirds of the cost of the mill as incurred and
paid by the Company up to the 31st day of December 1967 including costs
incurred prior to the date of this agreement. The State will have no
responsibility or liability in regard to other or additional costs incurred by
the Company.
(b) The
total amount to the advanced by the State under this agreement will not exceed
two-thirds of the cost of the mill as incurred and paid by the Company up to
the 31st day of December 1967 or two million five hundred thousand pounds
(£2,500,000) whichever is the lesser amount. The State shall not be
required to advance in any one financial year a total sum exceeding three
hundred thousand pounds (£300,000) but the State may in any such year
advance a greater total sum if it so desires not exceeding without the consent
of the Company two-thirds of the total of the amounts shown in the
certificates referred to in the next succeeding paragraph.
(c)
Advances will be made progressively at quarterly intervals on the certificate
of the Engineer in charge of the works given in respect of the expenditure on
the mill and the mill site verified by the Company’s auditors and
accepted by the State and subject to the provisions of subclause (b) of this
clause the State will advance only two-thirds of the amount shown in any such
certificate. Before accepting any such certificate the State may enter upon
the mill site and inspect all or any works thereon and the Company will afford
to the State all reasonable assistance and facilities for the purposes of the
inspection.
(d) The
Company will pay to the State interest on the amount of each advance at the
rate of five (5) per centum per annum calculated from the date of the advance
in accordance with the provisions of the mortgage hereinafter in this clause
referred to.
(e) In
the event of the expenditure on the cost of the mill incurred by the Company
in any financial year exceeding a total of four hundred and fifty thousand
pounds (£450,000) the State will pay interest to the Company on
two-thirds of the amount of such excess expenditure as verified by the
Company’s auditors and accepted by the State at a rate equal to the
difference between the Company’s bank overdraft rate (if such rate
exceeds five (5) per centum per annum) and the rate of five (5) per centum per
annum payable by the Company to the State under the mortgage. The liability of
the State for interest shall cease as soon as the total amount advanced by it
equals two million five hundred thousand pounds (£2,500,000) or
two-thirds of the amount expended by the Company on the cost of the mill
whichever is the lesser amount.
(f) The
Company will repay the principal moneys comprised in any advance by equal
annual payments over a period of fifteen (15) years commencing from 31st day
of December 1980.
(g) The
Company shall have the right at any time subject to giving three months’
notice in writing to the Minister to repay the whole of the principal moneys
or the sum of ten thousand pounds (£10,000) or any multiple thereof in
reduction of the principal moneys with interest to the date of such payment.
Upon payment to the State of the whole of the principal moneys interest and
other moneys secured by the mortgage the State shall execute and deliver to
the Company a registerable discharge of the mortgage. Such discharge shall not
affect the rights or obligations of the State or of the Company in other
respects under this agreement.
(h)
Forthwith after notice in writing is given to the Company of the passing of
the ratifying Act the Company will execute in favour of the State a
registerable first mortgage free from all prior encumbrances in a form already
approved by the parties hereto and initialled by them or on their behalf for
the purposes of identification over the whole of the land comprised within the
mill site and will do all things necessary or expedient to enable the State to
effect the due registration of the mortgage. Where and as often as the Company
acquires additional land adjoining the mill site as it exists at the date
hereof the Company will forthwith give to the State notice in writing of the
acquisition and thereafter if and when so required in writing by the state
will execute in favour of the state a registerable first mortgage free from
all prior encumbrances in a form similar to the form first mentioned in this
subclause over the whole of the additional land and will do all things
necessary or expedient to enable the state to effect the due registration of
the mortgage.
(i)
If at any time after the registration of any of the said
mortgages the Company should give to the State notice in writing of its desire
to sell or lease or for the purposes of expansion to obtain the release from
any such mortgage of portion of the land comprised within the mill site not
being a portion upon which the mill or any part thereof is or is proposed to
be erected and not being a portion which is reasonably required for or in
respect of the efficient operation of the mill and the disposal of the
effluent on the mill site the state will at the request and cost of the
Company and subject to the Company’s arranging for and registering any
necessary subdivisional plan or diagram execute and hand to the Company a
registerable discharge of the mortgage in respect of that portion.
(j) The
Company agrees that in connection with its construction and establishment of
the mill it will fully investigate the availability in the said State of
suitable materials and equipment (other than major items of paper-making
machinery) and will utilise them wherever it considers it can and should.
Water rights 2
4. (a)
THE Company estimates that its requirements of water for the purposes of this
agreement will initially be 25,000 gallons per hour (200 million gallons per
annum) growing to 50,000 gallons per hour (400 million gallons per annum) over
the first ten (10) to fifteen (15) years and ultimately 125,000 gallons per
hour (1,000 million gallons per annum).
(b) THE
State will upon two (2) months’ prior notice in writing in that behalf
given to it by the Company make available to a point on the boundary of the
mill site to be mutually agreed by the parties such quantity of potable water
as will meet the said estimated requirements of the Company for construction
purposes under this agreement and the State will upon twelve (12)
months’ prior notice in writing in that behalf given to it by the
Company and not earlier than twenty-four (24) months before the estimated date
of commencement make available to a point on the boundary of the mill site to
be mutually agreed by the parties such quantities of potable water as will
meet the estimated requirements of the Company during the first ten (10) to
fifteen (15) years following the date of commencement up to a maximum of
50,000 gallons per hour. The State anticipates that it will also be able to
meet the estimated ultimate requirements of the Company in regard to the
supply of water and upon the Company giving to the State at least twelve (12)
months’ notice in writing in that behalf the State will use all
reasonable endeavours to supply such further quantities of potable water as
may be reasonably required by the Company for further development of the
Company’s operations on the mill site up to a total maximum of 125,000
gallons per hour.
(c) THE
State agrees that the Company may sink on the mill site such wells and bores
into the sub-soil as the Company thinks fit to a depth not exceeding Reduced
Level Low Water Mark Fremantle of minus 500 feet for the purpose of supplying
water for use by the Company for the purposes of the mill and the water so
obtained and used will not be the subject of the charge by the State. The
Company will on request by the State from time to time give to the State
particulars of the number and kind of wells and bores sunk by it and the
quantities and quality of water obtained therefrom.
(d) THE
price to be paid for water (other than water obtained by the Company from its
own wells or bores sunk into the sub-soil of the mill site and used for the
purposes of the mill) shall be at the rate ruling from time to time for excess
water supplied for industrial purposes by the Metropolitan Water Supply
Sewerage and Drainage Department pursuant to the provisions of the
Metropolitan Water Supply Sewerage and Drainage Act 1909-1956 and its
amendments.
(e) THE
Company shall so far as it is practicable for the Company to do so recirculate
on the mill site the water used for cooling purposes thereon.
Effluent disposal 2
5. (a)
UNTIL the State assumes the responsibility referred to in subclause (d) of
this clause the Company will treat and dispose of on the mill site the whole
of the effluent from the Company’s works on the mill site including any
addition thereto and thereafter will treat and dispose of on the mill site
such of the effluent as it reasonably can and will take reasonable steps to
prevent or minimise nuisance to others. Effluent from the works which the
Company cannot reasonably so dispose of on the mill site is in this clause
referred to as the “excess effluent”.
(b) THE
Company may at any time give to the State two years’ notice in writing
of its intention to discharge the excess effluent from the mill site and
thereafter may at any time and from time to time give to the State reasonable
notice of its intention to increase the quantity or to vary the quality of the
excess effluent. The Company shall in each notice disclose the nature quantity
and quality of the excess effluent and the maximum rate of its discharge from
the mill site expressed in gallons per hour. The Company agrees that all
excess effluent which shall be discharged from the mill site at any time shall
as from the date of the expiration of the last notice given by it under this
subclause substantially accord with the particulars given in that notice.
(c) THE
Company undertakes that in the event of its establishing on the mill site a
pulp mill or pulp mills the total daily discharge of excess effluent from such
pulp mill or pulp mills shall not contain more than one hundred and ten
thousand (110,000) pounds of total solids and more than thirty thousand
(30,000) pounds of biochemical oxygen demand.
(d)
Subject to the performance by the Company of its obligations under this clause
the State shall as soon as it reasonably can but not later than two years
after its receipt of the notice first referred to in subclause (b) of this
clause accept full responsibility for the disposal of the excess effluent
referred to in that notice and where a further notice is given under that
subclause the state shall as from the expiration of a reasonable period after
its receipt of that further notice accept full responsibility for the
discharge of the excess effluent referred to therein. The State may further
treat at a sewage treatment works but shall dispose of all the excess effluent
by such means and routes as the State thinks fit but the Company will have the
right to be and to be kept advised of the intentions and operations of the
State under this subclause and the costs involved and to make suggestions
which shall be considered by the State.
(e) THE
Company shall at its own expense provide instal operate and maintain on the
mill site adequate pumping plant equipment and facilities necessary to ensure
the efficient pumping of all excess effluent at a steady flow for a distance
of at least six miles through a pipeline or pipe lines to be laid by the State
from a discharge point on the boundary of the mill site to be mutually agreed
upon.
(f) THE
State may at any time and from time to time enter upon the mill site and
inspect any effluent or excess effluent therein or therefrom and take samples
thereof for the purposes of analysis test or experiment.
(g) THE
Company will on demand pay to the State annually a charge in respect of the
treatment and discharge of the excess effluent which charge will be reasonable
having regard to the costs incurred including interest at five pounds
(£5) per centum per annum on the capital expenditure depreciation
maintenance and operating costs and a reasonable charge for overhead and
administrative costs but the total charges shall not exceed in the case of
excess effluent from the paper mill one half of the price of water as
specified in subclause 4(d) and in the case of excess effluent from a pulp
mill the full price of water as specified in subclause 4(d).
Fuel supply 2
6. FOR its operations on the mill site the Company
may require fuel oil to be supplied by pipe line either from the seaboard or
from a supply point nearer to the mill site. The Company will endeavour to
arrange privately for such supply but the State agrees at the request and cost
of the Company to render any assistance it reasonably can including action
pursuant to clause 16 hereof for the purpose of enabling the supply of fuel
oil as required by the Company. For this purpose the State will at the
Company’s request and cost or the Company may with the consent of the
State and upon terms and conditions required by the State supply lay and
maintain a fuel pipe line or lines so far as practicable within the boundaries
of the existing railway known as the Jandakot-Armadale railway. The State will
make no charge to the Company in respect of the use of the railway land for
this purpose.
Power supply 2
7. (a)
THE Company estimates that its requirements of electricity for the purposes of
this agreement will initially be 1,500 kilowatts growing to 3,000 to 4,500
kilowatts over the first ten (10) to fifteen (15) years and ultimately up to
10,000 kilowatts.
(b) THE
State will within six (6) months from the passing of the ratifying Act provide
at the boundary of the mill site electric power in such quantities and under
such conditions as shall be mutually agreed for construction purposes and the
State will upon twelve (12) months’ prior notice in writing in that
behalf given to it by the Company and not earlier than twenty-four (24) months
before the estimated date of commencement make available to a point on the
boundary of the mill site to be mutually agreed by the parties electric power
in such manner and quantities as will meet the estimated requirements of the
Company during the first ten (10) to fifteen (15) years following the date of
commencement up to a maximum of 4,500 kilowatts. The State anticipates that it
will also be able to meet the estimated ultimate requirements of the Company
in regard to the supply of electric power and upon the Company giving to the
State at least twelve (12) months’ notice in writing in that behalf the
State will use all reasonable endeavours to supply such further quantities of
electric power as may be reasonably required by the Company for the further
development of the Company’s operations on the mill site. The costs of
electric power supplied by the State shall be in accordance with the
industrial schedule rates of the State Electricity Commission of Western
Australia from time to time prevailing in the metropolitan area of the said
State or at such special rates as may be negotiated from time to time by the
Company with the Commission.
(c) THE
Company will from time to time during the currency of this agreement give
notice in writing to the State Electricity Commission of Western Australia of
the maximum load of electricity which the Company will require at any one
time. Subject to subclause (b) of this clause the Commission shall supply the
maximum load of electricity required by the Company and the Company shall not
exceed such maximum load without reasonable prior notice in writing to the
Commission.
(d) IN
the event of the Company erecting its own electric power plant the State
agrees that such plant may be operated in parallel with the grid of the State
Electricity Commission and may feed back power thereto and the Company shall
be at liberty to supply electric power generated by such plant to wholly-owned
subsidiary companies established on the mill site.
Industrial classification 2
8. (a)
THE State shall ensure if necessary by legislation that the mill site is zoned
or otherwise protected during the period of this agreement so that the initial
or projected operations of the Company may be undertaken and carried on
without interference by public authorities or private persons on the ground of
operations contrary to zoning.
(b) THE
Company for its part shall carry on its operations in accordance with the
accepted standards of the industry from time to time and so as to avoid to a
reasonable extent the creation of noise dust or odour.
Road access 2
9. THE State agrees to construct Bassett Road that
portion of McLeod Street between Forrest Road and Phoenix Street and that
portion of Phoenix Street between Bassett Road and McLeod Street near the mill
site to a standard adequate to carry the traffic required for the construction
of the mill and for the subsequent transport of manufactured products and raw
materials to and from the boundary of the mill site.
Rail access 2
10. (a)
AN existing railway passes through the mill site. The Company does not
anticipate making any substantial use of this railway in the early years of
the term of this agreement but expects to make use of it in later years.
(b) IN
the event of the standardisation of railway gauges in the area of the mill
site the connection of the mill site to the standard gauge railway will be
effected by the State under such conditions as may be generally applicable to
siding holders at the time of the said connection.
Notice of railway closure 2
11. THE State shall give to the Company at least
twelve (12) months’ notice in writing of any plan for the major
relocation or closure of the Spearwood railway.
12. (a)
THE State shall ensure —
Taxes and charges 2
(1) that taxes or
other charges or levies imposed by the State on the cartage of goods by road
shall not discriminate against the Company;
Choice of transport 2
(2) That within areas
having radii of twenty (20) miles from the General Post Office Perth and from
the centre of the mill site the Company shall have the freedom of choice as to
the means of transport used by the Company.
Railway freight classifications 2
(b) THE
State agrees that freight rates for railway carriage of the Company’s
goods in not less than ten (10) ton lots shall be a matter of negotiation and
undertakes that these rates shall be no greater than those applying to any
other goods of a similar nature in the State.
Supplies of pulpwood 2
13. THE State recognises that the Company’s
plans for future development envisage the establishment of a pulp mill or pulp
mills based on State-owned and/or private forests in the said State and
undertakes that at the appropriate time if so requested by the Company it will
endeavour to assure to the Company access to adequate supplies of pulpwood
from State — owned forests definitely known to be available for the
purpose of the said State on reasonable terms having regard to the factors
involved at that time in the said state to woodpulp industry operations in
other States of the Commonwealth and to the State’s commitments to other
users of forest produce.
Wharves and jetties 2
14. THE State will endeavour if the
Company’s future plans should so require to assist the Company in
procuring a site suitable to the Company for the erection at the expense of
the Company of a wharf or jetty and ancillary equipment with necessary roads
and approaches and rights in regard to the use of portion of the adjacent
foreshore.
No compulsory acquisition of mill site 2
15. THE State agrees that having regard to the
particular nature of the industry proposed to be established on the mill site
and subject to the performance by the Company of its obligations under this
agreement the State will not during the currency of this agreement resume or
suffer or permit to be resumed by any State instrumentality or by any local or
other authority of the said State any portion of the mill site nor will the
State 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
or easement of any nature or kind whatsoever over or in respect of the mill
site nor except for purposes of standardisation of railway gauges will the
State construct or suffer or permit to be constructed any new State railway or
consent to the construction by the Commonwealth of Australia or by any person
of any new railway upon or across the mill site without the consent in writing
of the Company first had and obtained which consent shall not be arbitrarily
or unreasonably withheld provided nevertheless that the Company shall not
refuse its consent to the laying of water mains through the mill site if the
same be laid in such manner and in such positions as not in the opinion of the
Company to interfere with the operations of the Company on the mill site and
subject to the condition that the State shall at its own cost as soon as
practicable remove the mains to such other position as the Company may at any
time thereafter reasonably require and the operations of the Company may
necessitate.
Power to authorise compulsory purchase etc. 2
16. WHERE the Minister is satisfied by the Company
and from such other enquiries as he shall think fit that it is necessary or
desirable for the establishment operation or expansion of the mill that any
land or rights over land be obtained by the Company and that the Company is
unable to obtain such land or rights on fair terms by private treaty the State
will take such action as may appear to it desirable and practicable in the
circumstances to assist the Company in the acquisition of such land or rights.
Housing 2
17. IF and to the extent that the State may erect
in the areas from which the Company shall principally draw its labour workers
dwellings under the State Housing Act 1946-1959 and the same shall be
available for that purpose the State will make available to the employees of
the company engaged in the operations of the Company on the mill site a
reasonable proportion of such dwellings and for such purposes the Company will
keep the State advised of its labour requirements.
Assignment of rights 2
18. THE State agrees that the Company has the
right with the consent in writing of the State to assign or otherwise dispose
of its rights and obligations under this agreement or any interest herein and
such consent shall not be arbitrarily or unreasonably withheld.
Delegation 2
19. WITHOUT affecting the liability 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 portion of the operations
which it is authorised or obliged to carry out under the provisions hereof.
Termination of agreement 2
20. THIS agreement may be terminated at any time
by the consent of the State and the Company and upon such terms that they may
agree upon.
Amendment of agreement 2
21. THE Minister and the Company may from time to
time amend in writing this agreement by such additions and variations in any
matters of detail or ambiguity as may be necessary or desirable to facilitate
the carrying on of the industry.
Termination of agreement by State 2
22. THIS agreement may be terminated at any time
by the State if the Company
(a)
enters into compulsory or voluntary liquidation (other than a voluntary
liquidation for the purpose of reconstruction or amalgamation);
(b)
subject to clause 25 hereof fails to comply with or carry out the obligations
on its part contained in this agreement;
(c)
fails to pay on the due date the payments of principal interest and other
moneys payable under the mortgage referred to in clause 3 hereof;
(d)
abandons or repudiates this agreement
but termination shall not affect the provisions of the mortgage referred to in
clause 3 hereof nor the enforcement of any right obligation or liability
acquired accrued or incurred prior to such determination.
Termination of agreement by Company 2
23. THIS agreement may be terminated at any time
by the Company if the State —
(a)
fails to comply with or carry out the obligations on its part contained in
this agreement;
(b) by
legislation Order in Council regulation or other means substantially alters
varies or modifies without the written consent of the Company the terms of
this agreement
but such termination shall not affect the provisions of the mortgage referred
to in clause 3 hereof nor the enforcement of any right obligation or liability
acquired accrued or incurred prior to such determination.
Notices 2
24. (a)
NOTICE of termination shall be given in writing by the State under the hand of
the Minister or by the Company under its Common or Official Seal.
(b)
NOTICE of termination shall be deemed to have been received on the day
following its postage and shall take effect six (6) months after that date
unless the State or the Company as the case may be shall in the meantime have
remedied the breach.
Delays 2
25. THIS agreement other than clause 3 hereof
shall be deemed to be made subject to any delays in the performance of
obligations under this agreement which may be occasioned by or arise from
circumstances beyond the power and control of the party responsible for the
performance of such obligations including delays caused by or arising from act
of God act of war force majeure act of public enemies destruction by fire of
the Company’s mill or other calamity strikes lock-outs stoppages
restraint of labour or other similar acts (whether partial or general)
shortage of labour or of essential materials reasonable failure to secure
contractors delays of contractors power failures riots and civil commotion or
trade conditions of a general nature throughout the Australian economy
adversely affecting the Company to a material extent.
Arbitration 2
26. ANY dispute or difference between the parties
arising out of or in connection with this agreement or any agreed variation
thereof or as to the construction of this agreement or any such variation or
as to the rights duties or liabilities of either party hereunder or as to any
matter to be agreed between the parties in terms of this agreement shall in
default of agreement between the parties be referred to and settled by
arbitration under the provisions of the Arbitration Act 1895 and its
amendments for the time being in force.
Interpretation 2
27. THIS agreement shall be interpreted according
to the laws for the time being in force in the said State.
Term of agreement 2
28. THE term of this agreement subject to the
provisions hereof shall be fifty (50) years from the date hereof.
IN WITNESS whereof THE HONOURABLE DAVID BRAND
M.L.A. has hereunto set his hand and seal and the OFFICIAL SEAL of the Company
has hereunto been affixed the day and year first hereinbefore mentioned.
SIGNED SEALED AND DELIVERED
by the said THE HONOURABLE
DAVID BRAND M.L.A. in
the
presence of —
DAVID BRAND.
C. W. Court
Minister for Industrial Development
Perth Western Australia
THE OFFICIAL SEAL FOR VICTORIA
of AUSTRALIAN PAPER
MANUFACTURERS LIMITED
was
hereto affixed by order
of the Board of Directors
in the presence of —
CHAS. S. BOOTH,
J. G. WILSON,
Directors.
D. H. ALEXANDER,
Secretary.