Western Australian Current Acts Western Australian Current Acts[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 14th day of November One thousand nine hundred and
seventy four BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT O.B.E.
M.L.A. Premier of the State of Western Australia acting for and on behalf of
the said State and instrumentalities thereof from time to time (hereinafter
called “the State”) of the first part AGNEW CLOUGH LIMITED a
company incorporated under the Companies Act 1961 of the said State and having
its registered office therein at 22 Mount Street Perth (hereinafter called
“the Company” which expression will include the successors and
assigns of the Company and unless the context otherwise requires any assignee
of the Company under clause 20 hereof) of the second part and MT. DEMPSTER
MINING PTY. LTD. a company incorporated under the Companies Act 1961 of the
said State and having its registered office therein at 22 Mount Street Perth
(hereinafter called Mt. Dempster which expression will include the successors
and assigns of Mt. Dempster) of the third part.
WHEREAS:
(1) Pursuant to the
provisions of the Wood Distillation and Charcoal Iron and Steel Industry Act
1943 the Government of the State: —
(a)
established and since doing so has maintained and carried on certain
undertakings upon the land described in the First and Second Schedules hereto
for the purpose of producing charcoal and other products by any process of
wood distillation and of producing charcoal iron and steel, and
(b) has
carried on the business of selling or using the charcoal and other products
and the charcoal iron and steel produced as aforesaid;
(which undertakings
and business are hereinafter collectively called “the Industry”).
(2) Mt. Dempster is a
corporation related to the Company in terms of Section 6(5) of the
Companies Act 1961 and is the registered holder and beneficial owner of the
Mineral Claims (herein defined) situate in close proximity to the Industry.
(3) Mt. Dempster is
presently engaged in feasibility studies for the development of the Mineral
Claims and the mining and treatment of ore therefrom: —
(a) for
the production of vanadium pentoxide (herein referred to as “Coates
Stage I”); and
(b) for
the development of processes for the production of a range of iron and ferro
alloys and other products (herein referred to as “Coates Stage
II”).
(4) The parties
hereto, mindful of the economies and advantages which would accrue if the
Industry were carried on in conjunction with Coates Stage I and any further
development thereof and the eventual integration therewith of Coates Stage II
and with the intent of furthering the decentralization of industry and the
continuance of the Industry at Wundowie have agreed that the State will sell
and the Company will purchase the Industry and the assets thereof subject to
and upon the terms and conditions hereinafter contained.
NOW THIS INDENTURE WITNESSETH:
Interpretation 3
1. (1) In this
Agreement unless the context otherwise requires: —
“Act” means the
Wood Distillation and Charcoal Iron and Steel Industry Act 1943 ;
“advise” “apply”
“approve” “approval” “consent”
“certify” “direct” “notice”
“notify” “request” or “require” means
advise apply approve approval consent certify direct notice 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;
“Balance Sheet” means a balance sheet
of the assets and liabilities of the Industry at the Sale Date audited by the
Auditor General of the State and certified by him in terms of Section 30 of
the Act;
“BHP Agreement” means the Agreement
made the 18th day of November 1960 between The Honourable David Brand M.L.A.
of the one part and The Broken Hill Proprietary Company Limited of the other
part as amended by the variation Agreement made the 23rd day of May 1973
between The Honourable John Trezise Tonkin M.L.A. of the first part and the
said Company of the second part (inter alia) which Agreements were
respectively ratified by Acts No. 67 of 1960 and 47 of 1973 by the Parliament
of Western Australia;
“Board” means the Charcoal Iron and
Steel Industry Board of Management constituted under and for the purposes of
the Act and when used in this Agreement means the Board having and exercising
the management and control of the Industry and in addition the powers, duties
and functions set out in the Act;
“Coates Stage I” has the meaning
ascribed to that term in recital (3) hereof;
“Coates Stage I Plant” has the meaning
ascribed to that term in clause 8(2) hereof;
“Coates Stage II” has the meaning
ascribed to that term in recital (3) hereof;
“Commonwealth” means the Commonwealth
of Australia and includes the Government thereof for the time being;
“forest produce” has the meaning
ascribed to that term in the Forests Act 1918 ;
“the Industry” has the meaning
ascribed to that term in recital (1) hereof;
“Loan Agreements” mean the agreements
covering the loans details whereof are set out in the Seventh Schedule hereto,
copies whereof have been produced to and initialled by the parties hereto for
the purposes of identification;
“Mineral Claims” means the mineral
claims granted for the mining of vanadium and titanium particulars whereof are
set out in the Sixth Schedule hereto and the ground the subject thereof and
all mining rights, titles or tenements whatsoever (including any extensions
and renewals thereof) whether in substitution therefor or in lieu thereof and
whether relating to the same, more or less ground, as the case may be;
“Minister” means the Minister in the
Government of the said State for the time being responsible (under whatsoever
title) for the administration of the Ratifying Act and pending the passing of
that Act means the Minister for the time being holding the portfolio of
Minister for Industrial Development and includes any other Minister of the
Crown temporarily acting in the place of the latter Minister;
“Ratifying Act” means the Act to
ratify this Agreement and referred to in clause 2 hereof;
“the Nominated Company” means a
wholly-owned subsidiary corporation of the Company nominated by the Company in
writing to and approved by the Minister prior to the Sale Date as the
purchaser of the Industry in terms of clause 5 hereof;
“the Sale Date” means the date
determined pursuant to clause 4(1) hereof;
“this Agreement” “hereof”
“herein” and “hereunder” include this Agreement as
from time to time added to varied or amended.
(2) Marginal notes
shall not affect the interpretation or construction hereof 3 .
Reference in this Agreement to an Act shall
include 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.
Ratification and Operation 3
2. (1) The State shall
introduce and sponsor a Bill in the Parliament of Western Australia to ratify
this Agreement.
(2) Clauses 3 to 29
(both inclusive) of this Agreement shall not operate unless and until the Bill
to ratify this Agreement as referred to in sub-clause (1) of this clause is
passed as an Act by or before the 31st day of December 1974 or such later date
as the parties hereto may mutually agree upon. If the Bill is not so passed by
or before that date or later date (as the case may be) this Agreement will
then cease and determine and neither of the parties hereto will have any
claims against the other of them with respect to any matter or thing arising
out of or done performed or omitted to be done or performed under this
Agreement.
(3) If the Bill to
ratify this Agreement is passed as an Act by or before the date or later date
if any referred to in sub-clause (2) of this clause the following provisions
of this clause shall notwithstanding the provisions of any Act or law
thereupon operate and take effect namely: —
(a) the
provisions of clauses 4, 5, 7, 8, 9, 10, 12, 14, 15, 21, 22, 27, 28 and 29
shall take effect as though the same had been brought into force and had been
enacted by the Ratifying Act;
(b)
subject to paragraph (a) of this sub-clause the State and the Minister
respectively shall have all the powers discretions and authorities necessary
or requisite to enable them to carry out and perform the powers discretions
authorities and obligations conferred or imposed upon them respectively
hereunder.
Mt. Dempster or Company Submit Proposals 3
3. (1) Mt. Dempster or
the Company (whichever of them as may submit the detailed proposals hereunder
being in this clause 3 referred to as “the Proposer”) will within
the six (6) months commencing on the date of this Agreement or such extended
time as the Minister may approve (having regard to the Proposer’s
endeavours and the provisions of clause 29 hereof) submit to the Minister:
—
(a) to
the fullest extent reasonably practicable its detailed proposals, including
plans where practicable and specifications where reasonably required by the
Minister with respect to the development of Coates Stage I including date of
commencement, quantity, manner and method of mining and treatment AND shall
give to the Minister such further information plans and specifications (within
a reasonable time after notice to the Proposer therefor) in respect of any
matter or thing arising out of or incidental to the detailed proposals as the
Minister may from time to time reasonably require;
(b)
satisfactory evidence: —
(i)
of the availability of finance necessary for the
fulfilment of the detailed proposals hereunder;
(ii)
that any consent approval authority or certificate
(necessary for finance to be made available) to be given by any person
corporation authority or body (statutory or otherwise) pursuant to any
Commonwealth or State law will be so given at the relevant time; and
(iii)
that the Proposer will be able to fulfil perform or do
any requirement act matter or thing (necessary for finance to be made
available) required pursuant to any Commonwealth or State law at the relevant
time.
Approval or Amendment Proposals 3
(2) Within two months
after the Proposer has delivered to the Minister its detailed proposals and
such further information plans and specifications (referred to in paragraph
(a) of the preceding sub-clause) and the evidence (referred to in paragraph
(b) of the preceding sub-clause) the Minister shall notify the Proposer:
—
(a) that
he approves of the detailed proposals referred to in sub-clause (1)(a) of this
clause; or
(b) of
alterations required to the detailed proposals in which case he shall afford
to the Proposer opportunity to consult with and submit new proposals to the
Minister. In that notification the Minister shall disclose his reasons for
such alterations. If within the twenty eight (28) days next following the
receipt by the Proposer of the Minister’s notification the Proposer has
not submitted to the Minister new proposals or submits new proposals which the
Minister does not approve of this Agreement shall cease and determine;
(c) that
he is satisfied with the evidence referred to in sub-clause (1)(b) of this
clause (in which case the evidence shall be deemed to be approved) or is not
satisfied. In the latter case the Minister shall afford the Proposer an
opportunity to consult with and to submit further evidence to him. If within
the twenty eight (28) days next following the receipt by the Proposer of the
Minister’s notification the Proposer has not submitted to the Minister
further evidence or submits further evidence which the Minister does not
approve of this Agreement shall cease and determine.
Sale Date 3
4. (1) The Sale Date
shall be the latest of the following dates that is to say: —
(a) the
date of approval of the proposals referred to in clause 3(1)(a) hereof in
terms of clause 3(2);
(b) the
date of approval of the evidence referred to in clause 3(1)(b) hereof in terms
of clause 3(2);
(c) the
date the Ratifying Act is passed as an Act; or
(d) the
1st day of January 1975.
Cancellation of dedication 3
(2) On or from time to
time after the Sale Date for the purpose of giving effect to the provisions of
paragraphs (a) and (b) of clause 7(1) hereof: —
(a) the
Governor by notice published in the Government Gazette shall cancel the
dedication of all land which has been dedicated to the purposes of the Act,
and
(b) the
State notwithstanding the provisions of any Act or law will transfer to the
Company an estate in fee simple free of all trusts in the lands described in
the First Schedule hereto and grant an estate in fee simple free of all trusts
in the lands described in the Second Schedule hereto or any other reserve or
any Crown land which at the date of this Agreement is required or used for the
Industry subject to the encumbrances respectively notified against those
lands.
Mt. Dempster Covenants Mineral Claims 3
(3) Mt. Dempster for
itself and its transferees and successors in title of the Mineral Claims
HEREBY COVENANTS with the State and with the Company to the intent that the
covenants enure to the benefit of the Company and its transferees successors
and assigns of and others claiming under them to the land and being Avon
Location 27073 now the subject of reserve 22605: —
(a) not
to surrender or permit the Mineral Claims to be surrendered other than for the
ground the subject thereof to be applied for by Mt. Dempster or the Company as
a mineral lease or mineral leases;
(b) duly
and punctually to observe perform and comply with the provisions of all Acts
statutory rules and ordinances (both Federal and State) insofar as they are
applicable to the Mineral Claims;
(c) not
to do or permit to be done any act matter or thing whereby the Mineral Claims
or any of them may be or become liable to be forfeited or cancelled;
(d) not
to assign charge mortgage lease or dispose of the Mineral Claims or any estate
or interest therein without the written consent of the Minister and subject in
the case of an assignment transfer or sub-lease to the assignee transferee or
sub-lessee (as the case requires) first executing a deed of covenant (in a
form approved by the Minister) containing covenants with the State and the
Company identical with the covenants stated in this sub-clause;
(e)
(i) to do and permit the
Company to do all those acts matters and things; and
(ii)
to comply with observe and perform and permit the Company
to comply with observe and perform all the provisions hereof
relating to or
concerning the Mineral Claims and which are required to be done or performed
thereon by the Company to enable it to duly and punctually observe perform or
comply with its obligations under this Agreement.
Sale by State to Company 3
5. (1) Subject to the
provisions of this Agreement the State shall on the Sale Date for the
consideration set out in sub-clause (3) of this clause sell and assign or
cause to be sold and assigned to the Company or to the Nominated Company (as
the case may be) and the Company or the Nominated Company shall purchase and
take over on a going concern basis as at the Sale Date the Industry and all of
its real and personal assets whatsoever and wheresoever situate including
without limitation the following: —
(a) an
estate in fee simple free of encumbrances (save as mentioned in the First
Schedule) in the lands described in the First and Second Schedules together
with all fixtures and improvements thereon;
(b) the
plant, machinery, tools, apparatus, and equipment particulars of which or some
of which are set out in the Third Schedule hereto;
(c)
stock on hand and on consignment;
(d)
stores and raw materials on hand;
(e) the
rights and obligations of the Board pursuant to clause 12 of the BHP Agreement
and the Board’s plant and equipment installed on and about the leased
areas mentioned in that clause;
(f) the
benefit of the contracts or agreements relating to the Industry particulars
whereof are set out in the Fourth Schedule;
(g) the
benefit of all permits licences forest leases and other privileges granted
under the Forests Act 1918 subsisting at the Sale Date and particulars whereof
are set out in the Fifth Schedule;
(h)
debts due to the Board and cheques bills or notes or securities for the same
together with all cash in hand or at bank;
(i)
books of account, books of reference to customers and
other records of the Industry;
(j) all
policies of insurance of any kind (subject where necessary to the consent of
the insurer);
(k)
patents, patent rights and rights to processes;
but excluding any special rights power immunities privileges and authorities
of the Minister or the Board or enjoyed by them or either of them by virtue of
or pursuant to the provisions of the Act.
(2) The Company shall
not be entitled to make any objections or requisitions in relation to any of
the property hereby sold and purchased after the day preceding the Sale Date.
Consideration 3
(3) As and by way of
consideration for the purchase of the property hereby sold and purchased the
Company shall: —
(a) on
the respective due dates for payment duly and punctually pay satisfy and
discharge all the current and deferred liabilities of the Board (including
penalties operating liabilities of the Board superannuation payments and all
rates taxes assessments rents permit and licence fees royalties insurance
premiums and other outgoings assessed or payable in respect of any property
the subject of transfer or assignment to the Company hereunder) subsisting at
the Sale Date and as disclosed by the Balance Sheet;
(b) on
the day prior to the respective due dates for payment thereof duly and
punctually pay to the Board amounts equal to the amounts which the Board is
required to pay in satisfaction of instalments of principal and interest in
respect of the several loans made to the Board (details of which are set out
in the Seventh Schedule hereto) in conformity with the terms and conditions
respectively set out in the Loan Agreements;
(c) pay
to the State the sum of THREE HUNDRED AND NINETY THOUSAND DOLLARS ($390 000)
free of interest on or before the expiration of six (6) years commencing on
the Sale Date;
(d)
accept the obligation to discharge all employee entitlements accrued as at the
close of business on the day prior to the Sale Date as are transmitted to or
assumed by the Company in accordance with the terms of engagement agreed
between the Company and those of the Board’s employees as may accept the
Company’s offer of employment pursuant to the terms of clause 9(a)
hereof. In this Agreement “employee entitlements” include annual
leave, long service leave, sick pay, superannuation or pension benefits
salaries and wages and “employee” shall not include any member of
the Board other than a member who on the day prior to the Sale Date was
receiving or was entitled to receive any employee entitlements.
Nominated Company Covenants 3
(4) Should a Nominated
Company purchase the real and personal assets of the Industry in terms of
subclause (1) of this clause 5 it shall subscribe and adhere to this Agreement
by Deed made with the State to the effect that the Nominated Company (which
expression shall include any of its permitted successors transferees and
assigns and their respective permitted successors transferees and assigns):
—
(a)
shall perform observe and comply with and be bound by all the covenants
agreements obligations and provisions on the part of the Company expressed or
implied in this Agreement to the intent that those covenants agreements and
obligations shall be binding upon the Nominated Company in the same manner and
to the same extent as if the Nominated Company were expressly named herein in
lieu of the Company; and
(b)
shall be or be deemed to be entitled to the benefit of all representations and
warranties expressed hereunder by the State in favour of the Company and to
exercise and enjoy all such rights, benefits, powers and privileges as are
granted to or conferred upon the Company under this Agreement to the intent
that those rights benefits and advantages may be exercised and enjoyed by the
Nominated Company in the same manner and to the same extent as if it were
expressly named herein in lieu of the Company.
Hereafter in this Agreement wherever the context requires any reference to the
Company shall include or be deemed to refer to the Nominated Company.
Allocation of consideration 3
(5) On the Sale Date
(or as soon thereafter as it is available) the State shall deliver a true copy
of the Balance Sheet to the Company with such supporting statements or notes
as may be requisite or necessary or which the Company may reasonably request
in explanation thereof and shall by writing state the total consideration
payable by the Company pursuant to the provisions of sub-clause (3) of this
clause and shall after consultation with the Company agree with the Company an
allocation of the consideration thus determined to the several items of
property sold and purchased in terms of this clause 5.
Company to remain liable 3
(6) Notwithstanding
anything contained in or anything done under or pursuant to sub-clause (1) of
this clause by the Nominated Company the Company 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 herein.
(7) On the Sale Date
the Company shall be entitled to possession of all property purchased in terms
of this Agreement.
AND the Company shall at all times indemnify and keep indemnified the Crown in
right of the State of Western Australia the Minister and the Board against all
actions proceedings and claims and demands arising out of or incidental to or
in respect of any liability principal moneys instalments interest act matter
or thing referred to in this clause 5.
State Warranty 3
6. The State REPRESENTS WARRANTS AND AGREES with
the Company as follows: —
(a) that
the Balance Sheet and supporting accounts of the Industry as at the Sale Date
are or will be true and correct in every respect and have been or will be
prepared in accordance with usual accounting concepts and practices on a
consistent basis and duly audited by the Auditor General of the State and that
the same exhibit or will exhibit a true and fair view of the assets and
liabilities of the Industry as at the date thereof and that full disclosure
has been or shall be made of all liabilities present and contingent of the
Industry and of all material changes that have taken place in the financial
position of the Industry during the period covered thereby;
(b) that
the property sold or assigned to the Company in terms of clause 5 is the sole
and absolute property of the State and that save as herein stated or disclosed
the same is sold free from all charges liens and encumbrances whatsoever or
the rights interests or claims of third parties;
(c) that
other than as disclosed in the Balance Sheet or otherwise by express
disclosure there are no contracts agreements arrangements acknowledgments
liabilities or obligations of any kind whether actual or contingent incurred
or entered into or agreed to be incurred or entered into by or on behalf of
the Industry as at the Sale Date;
(d) that
the Loan Agreements are at the date hereof in good standing and that the State
is not in default in terms of any of them and that all payments of principal
and interest due to the date hereof have been met and will be met up to and
including the Sale Date;
(e) that
from and after the Sale Date the State will cause the Board to continue in
being and to pay and discharge all instalments of principal moneys and
interest thereon as and when the same fall due for payment in terms of the
Loan Agreements until such time as the loans the subject of the Loan
Agreements have either been repaid novated in favour of the Company or
otherwise renegotiated by or with the consent of the Company;
(f) that
so long as any moneys remain owing by the Board in terms of the Loan
Agreements or any of them the Treasurer’s Guarantee thereof will remain
in full force and effect;
(g) that
the lease agreements relating to plant and equipment particulars whereof are
set out in the Fourth Schedule hereto are at the date hereof in good standing
and of full force and effect and all payments due thereunder have been met and
all payments for the time being falling due up to and including the Sale Date
will be met.
Obligation of State to Transfer Assets to Company 3
7. (1) The State will
for the consideration aforesaid as to soon as conveniently may be after the
Sale Date: —
(a)
transfer and convey or cause to be transferred and conveyed to the Company an
estate in fee simple in the land described in the First Schedule hereto;
(b)
grant or cause to be granted to the Company an estate in fee simple in the
lands described in the Second Schedule hereto;
(c)
assign or cause to be assigned to the Company the Board’s right title
and interest in the agreements and contracts described in the Fourth Schedule
hereto;
(d)
assign or cause to be assigned to the Company the right title and interest of
the Board in the permits licences and forest leases described in the Fifth
Schedule hereto subject to the conditions and provisions under which they have
been respectively granted, the Forests Act 1918 and to the consent of the
Conservator of Forests as therein provided;
(2) The Company
covenants to take over and accept the obligations of the Board under the
instruments referred to in paragraphs (c) and (d) of subclause (1) hereof and
shall discharge comply with and observe those obligations and the Company
shall at all times indemnify and keep indemnified the Crown in right of the
State of Western Australia the Minister and the Board against all actions
proceedings and claims and demands arising out of or incidental to or in
respect of any of those instruments.
Obligation of Company to Continue Production of Charcoal Iron 3
8. (1) The Company
shall: —
(a)
continue to carry on at Wundowie the production of pig iron for a period of
not less than six (6) years commencing on and from the Sale Date at an average
monthly rate of not less than two thousand five hundred (2 500) tonnes;
(b) use
its best endeavours during such period aforesaid to develop and expand the
Industry;
Construction Coates Stage I 3
(2) Mt. Dempster or
the Company shall within the twelve (12) months next following the Sale Date
commence to erect and thereafter will diligently continue to proceed with the
construction and establishment, or cause the erection to be commenced and
thereafter the construction and establishment to be diligently proceeded with
of a plant (on the land described in the First or Second Schedules hereto or
on or near the land the subject of the Mineral Claims) designed to produce and
capable of producing not less than one million kilograms (1,000,000 kg) of
vanadium pentoxide per annum and shall within the thirty (30) months next
following the Sale Date complete the construction and establishment of that
plant on the said land and provide thereon all necessary ancillary buildings
works plant equipment and services for the production of vanadium pentoxide
(“the Coates Stage I Plant”) AND within the thirty six (36) months
next following the Sale Date commence and thereafter diligently continue to
produce marketable quantities of vanadium pentoxide.
Proposals Coates Stage II 3
(3) During the
currency of this Agreement Mt. Dempster or the Company shall diligently
continue with a feasibility study for the development of Coates Stage II and
within a reasonable time after the first second third and fourth anniversary
of the Sale Date Mt. Dempster or the Company will report to the Minister the
progress of the feasibility study made in the year preceding each of those
anniversaries AND before the expiration of the five (5) years next following
the Sale Date Mt. Dempster or the Company shall submit to the Minister to the
fullest extent reasonably practicable its detailed proposals including plans
where practicable and specifications there reasonably required by the Minister
with respect to the development of Coates Stage II.
Maintenance of Employment 3
9. The Company will: —
(a)
accept the transfer to its employ or offer employment to all employees of the
Board engaged in the Industry as at the close of business on the day prior to
the Sale Date at salary or wage rates not less than those applicable to such
employees respectively as at such date.
(b)
accept responsibility for all employee entitlements in respect of those of the
Board’s employees transferring to the Company’s employ or
accepting the Company’s offer of employment aforesaid the liability
wherefor is transmitted to or assumed by the Company pursuant to the terms of
Clause 5(3)(d).
(c) at
all times from and after the Sale Date and during the currency of this
Agreement use its best endeavours to maintain in employment at or near
Wundowie a like number of persons as are there employed by the Board on the
day immediately preceding the Sale Date.
State’s Assistance to Company 3
10. To ensure the continuance at Wundowie of the
production of charcoal and pig iron and to encourage the development of
electric furnace capacity for pig iron and ferro alloy production (subject to
clause 14 hereof) the State will use its best endeavours where and to the
extent reasonably practicable to ameliorate difficulties caused by the
location of the Industry and in particular will: —
Raw Materials 3
(a)
assist the Company in obtaining access to supplies of coal and in any
application for deposits of sandstone limestone iron ore and other raw
materials reasonably required by the Company for the production of pig iron
and steel, for the treatment of ore from the Mineral Claims, for the
production of ferro alloys or for any operation carried on by the Board prior
to the Sale Date;
Transport 3
(b)
cause the Commissioner of Transport under the provisions of the Transport
Commission Act 1966 to issue licences in respect of commercial goods vehicles
for them to carry: —
(i)
from Wundowie to Fremantle or Kwinana pig iron and
vanadium pentoxide produced by the Company;
(ii)
from Fremantle or Kwinana to Wundowie (either by
back-loading such vehicles or otherwise) limestone and other raw materials
used or incidental to the production of pig iron or ferro alloy products;
(iii)
logs and timber to Wundowie for the Industry’s
requirements save that such licences for the carriage of sawn timber for the
saw mill operations at Wundowie will unless otherwise agreed, be limited to a
radius of sixty (60) kilometres from the saw mill at Wundowie.
Iron Ore 3
(c)
obtain the assignment to the Company of the Board’s rights and
obligations under and subject to clause 12 of the BHP Agreement;
Charcoal Timber 3
(d)
cause the Company to be issued from time to time during the currency of this
Agreement with licences under the Forests Act 1918 to take such forest produce
as is specified therein as will enable the Company to produce therefrom
charcoal at an annual rate not less than the average rate maintained by the
Industry in respect of the three (3) years immediately preceding the Sale
Date;
Milling Timber 3
(e)
cause the Company to be issued with licences under the Forests Act 1918 in
respect of the three (3) years next following the Sale Date to enable the
Company to operate the sawmill at the same rate of log intake as in the three
(3) years immediately preceding the Sale Date;
Railway Transport 3
(f)
cause the Western Australian Government Railways Commission to transport iron
ore between Koolyanobbing and the Industry at Wundowie as reasonably required
by the Company subject to the Company maintaining an annual tonneage rate not
less than the average of the three (3) years immediately preceding the Sale
Date and paying the freight rate as stipulated from time to time in the Goods
Rates Book of the said Commission unless the said Commission otherwise agrees;
Electricity 3
(g) on
receipt of reasonable notice from the Company of any substantial changes in
electricity requirements at the works site or adjacent thereto, cause the
State Electricity Commission to supply electricity on the Commission’s
usual conditions and practice and at the appropriate tariffs prescribed from
time to time. In any event two (2) years’ notice shall be given for
substantial increments in demand up to ten (10) Mw and three (3) years’
notice for increments in excess of ten (10) Mw, but increments in demand in
excess of thirty (30) Mw will only be available if generating capacity is at
the time available within the Commission’s system. The State
acknowledges that the Company anticipates requiring substantial quantities of
electricity in excess of that provided in the schedule of rates for industrial
consumers and agrees that the State Electricity Commission will have regard to
the nature of the electrical load and the overall reduced cost per unit of
generating and distributing, such large quantities of power when considering
the rate commensurate with such supply;
Water 3
(h)
cause the reasonable water requirements necessary for the operation of the
Industry, the Coates Stage I Plant (as enlarged or expanded from time to time
including Coates Stage II) to be made available at Wundowie subject to the
Company giving reasonable notice of its water requirements and the Company
advancing an agreed contribution towards the cost of works necessary to
provide such augmented supply which will be in accordance with the provisions
of the Country Areas Water Supply Act 1947 ;
Natural Gas 3
(i)
ensure that regard will be given to the Company’s
reasonable requirements for natural gas in any future supply system developed
and controlled by the State PROVIDED THAT: —
(i)
the supply authority has (having due regard to the supply
of gas available from the gas reserves) allocated a proportion of the reserves
for uses such as that proposed by the Company;
(ii)
the supply authority is satisfied that the construction
of a pipeline passing within reasonable proximity of Wundowie is warranted and
has received reasonable notice of the Company’s requirements to ensure
such pipeline has adequate capacity to supply the Company;
(iii)
the Company pays for gas supplied to it by the supply
authority in accordance with the supply authority’s standard tariffs and
conditions.
Housing 3
11. The State recognises that there is now a
demand by Industry employees for additional houses at Wundowie and that the
development and treatment of ore from the Mineral Claims the subsequent
integration of those operations with the Industry and the installation at the
Industry of electric furnace capacity will each result in further demands for
additional housing within the existing boundaries of the Wundowie townsite.
Subject to the Company satisfying the State as to the need therefor and the
number thereof from time to time required and giving to the State not less
than six (6) months’ notice of its requirements and to the provisions of
clause 14 hereof the State will use its best endeavours to cause if and so far
as funds permit such additional number of houses to be erected in the Wundowie
townsite as the Company satisfies the State are needed.
Zoning 3
12. Subject to clause 14 hereof the State: —
(a) will
use its best endeavours to ensure that the land referred to in the First and
Second Schedules hereto the land the subject of the Mineral Claims and land
adjacent thereto utilised by the company or Mt. Dempster for any of the
purposes of this Agreement (in this clause all of such land being referred to
as “the Company’s land”) will be and remain zoned for use or
otherwise protected so that the operations of the Company and Mt. Dempster
under this Agreement may be undertaken and carried out thereon without any
interference or interruption by the State by any State agency or
instrumentality or by any local or other authority of the State on the ground
that such operations are contrary to any zoning by-law or regulation;
No Discriminating Rates 3
(b) will
not impose nor permit nor 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
Company’s land the titles property or other assets products materials or
services used or produced by or through the operations of the Company or Mt.
Dempster in the production of pig iron and steel and of vanadium pentoxide and
ferro alloys;
Rating 3
(c) will
ensure that the valuation of the Company’s land (except as to any part
upon which a permanent residence shall be erected) 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 of any discriminatory rate.
Export Licence 3
13. On request by the Company the State will make
representations to the Commonwealth for the continuation or grant (as the case
may require) of such licence or licences as may be requisite or necessary
under the law of the Commonwealth for the export of pig iron from time to time
produced by (or at) the Industry and of the range of vanadium products
produced by the Company or Mt. Dempster from the ore from the Mineral Claims.
Limitation of Obligations 3
14. The provisions of clauses 10, 11, 12 and 13 of
this Agreement shall operate until the seventh (7th) anniversary date of the
Sale Date without review or revision. Should the Company at any time from and
after the seventh (7th) anniversary of the Sale Date (for reasons not
attributable to any delay within the meaning of clause 29 hereof) fail to do
one or other of the following alternatives, that is to say: —
(a)
continue to carry on at Wundowie the production of pig iron at the rate
specified in clause 8(1)(a) hereof; or
(b)
complete the construction of the establishment of Coates Stage II in
accordance with and subject to the proposals plans and specifications referred
to in clause 8(3) hereof;
then the Minister may at any time and from time to time by notice to the
Company in that behalf revoke suspend or modify any or all of the services
facilities privileges or rights by such provisions conferred upon the Company
PROVIDED ALWAYS that in making any such determination the Minister shall have
due regard to the needs of the Industry at that time and the State’s
reasonable ability to continue to provide any such services privileges,
facilities or rights.
Subsidy 3
15. The State recognises that the Company wishes
to rationalise the transport of ore and other materials from various sources
to the Industry at Wundowie and that the Company proposes as soon as
practicable to effect such rationalisation. The State agrees that until that
rationalisation is affected in a manner approved by the Minister the State
shall cause the freight subsidy of ONE DOLLAR AND NINETY SIX CENTS ($1.96) per
ton of iron ore transported by the Western Australian Government Railways
Commission from Koolyanobbing to Wundowie (paid prior to the Sale Date) to be
continued subject to the following conditions: —
(a) the
total amount of the freight subsidy so payable shall not exceed TWO HUNDRED
THOUSAND DOLLARS ($200 000) in any one (1) year;
(b) it
is only payable on that iron ore during the period of the six (6) years next
following the Sale Date; and
(c) that
the Company duly and punctually observes performs and complies with the
covenants and agreements on its part herein contained.
For the purposes of this clause 15 only, a year shall be computed from the
Sale Date and each anniversary.
Transitional Provisions 3
16. (1) The State will
ensure that as from the date of this Agreement to the cessation or
determination of this Agreement referred to sub-clause (2) of clause 2 hereof
or the Sale Date (as the case may be): —
(a) the
Industry shall operate at its normal business level activity;
(b) no
material asset will be disposed of save with the prior consent of the Company
which consent will not be withheld unreasonably;
(c) no
material commitment which would extend beyond the Sale Date will be entered
into (actual or contingent) save with the prior consent of the Company (which
consent will not be withheld unreasonably) save and except beneficial
contracts in the ordinary course of business.
(2) The Board shall
subject to the provisions of the Act be at liberty between the date hereof and
the Sale Date to make all payments and receive all moneys in the usual and
normal course of the operations of the Industry.
Particulars to be Supplied to Company by State 3
17. As soon as conveniently may be after the
execution of this Agreement the State will cause the Company to be supplied
with the following particulars: —
(a)
details of employment and conditions thereof (including employee entitlements)
for all employees of the Board;
(b) a
memorandum outlining the current systems of stock and raw materials purchase,
stock control, sales and general accounting procedures;
(c) a
summary of current sales orders and contracts;
(d)
details of negotiations now proceeding for future contracts;
(e)
details of any agreements or contracts (subsisting at date hereof) with
individuals or organisations including advertising contracts, lease agreements
and all agreements to supply materials;
(f)
details of current insurance policies;
(g)
details of any claims demands proceedings or actions made instituted or taken
or of any of which are likely or contemplated to be made instituted or taken:
—
(i)
by any person or corporation against the Board; or
(ii)
by the Board against any person or corporation;
(h) a
copy of the audited balance sheet for the Industry as at 30th June, 1974;
(i)
any other information or detail pertinent to the sale and
purchase which the Company may reasonably require.
Securities 3
18. (1) On the Sale
Date or so soon thereafter as is practicable the Company or the Nominated
Company (whichever of them effects the purchase of the Industry in terms of
clause 5 hereof being hereafter in this clause 18 referred to as “the
Purchaser”) will execute: —
(a) in
favour of the State (or such corporation or person as it nominates): —
(i)
a mortgage to be registered as a first mortgage under the
Transfer of Land Act 1893 and Land Act 1933 (as the case may require) over
the lands set out in the First and Second Schedules hereto; and
(ii)
a debenture to be registered as a first charge over the
Purchaser’s undertaking carried on at Wundowie and elsewhere in respect
thereto and all the property and assets of that undertaking both real and
personal whatsoever and wheresoever both present and future including all book
debts
to secure the State
for the payment of the unpaid purchase price of THREE HUNDRED AND NINETY
THOUSAND DOLLARS ($390,000);
(b) in
favour of the State: —
(i)
a mortgage to be registered as a second mortgage under
the Transfer of Land Act 1893 and Land Act 1933 (as the case may require)
over the lands set out in the First and Second Schedules hereto; and
(ii)
a debenture to be registered as a second charge over the
Purchaser’s undertaking carried on at Wundowie and elsewhere in respect
thereto and all the property and assets of that undertaking both real and
personal whatsoever and wheresoever both present and future including all book
debts
to secure the State
for the guarantees given by it to the several lenders mentioned in the Loan
Agreements (herein called “the Lenders”) whereby the State
respectively guaranteed the Lenders the repayment of the sum of SEVEN HUNDRED
THOUSAND DOLLARS ($700,000) other moneys and interest thereon as therein
provided
PROVIDED HOWEVER that no such mortgage or debenture shall extend to or include
the Coates Stage I Plant or any other property of the Purchaser unless it is
part of or used in connection with the Industry as acquired by the Purchaser
hereunder or affixed to any land mentioned in either the First or Second
Schedules.
(2) All the securities
referred to in this clause shall be in a form to be approved by the Minister
and shall respectively contain such covenants agreements provisions and
conditions as the Minister requires and the Purchaser shall do or cause to be
done all acts matters and things for the securities to be registered according
to the priorities aforesaid.
(3) The Purchaser may
with the consent of the Minister substitute other securities for those
referred to in sub-clause (1) of this clause provided: —
(a) the
value of the property the subject of those other securities exceed by such
percentage as the Minister approves the balance of the unpaid purchase price
of THREE HUNDRED AND NINETY THOUSAND DOLLARS ($390,000) then owing and the
Treasurer’s aggregate liability (contingent or otherwise) under those
guarantees, and
(b) the
securities to be substituted are: —
(i)
in the Minister’s opinion readily realisable, and
(ii)
where applicable registered as a first mortgage or charge
(as the case may be) or in such priority as the Minister directs.
(4) The Purchaser may
with the prior approval of the Minister first had and obtained at any time and
from time to time substitute the guarantee or guarantees of a substantial
corporation or corporations as security in lieu of and in substitution for any
or all of the securities referred to in this clause 18.
Maintenance and Insurance 3
19. Until the consideration referred to in clause
5 hereof has been paid satisfied and discharged the Company shall at all
times: —
(a) well
and substantially repair amend and keep and maintain in good repair and
condition all buildings erections and other improvements for the time being
standing or erected upon the lands referred to in the First and Second
Schedules hereto and shall also at all times repair amend and keep and
maintain in a good state of repair order working condition and renew as
occasion requires all machinery plant tools apparatus equipment and appliances
used in the production of charcoal and charcoal iron and steel;
(b)
insure and keep insured in the joint names of the State and the Company
according to their respective rights and interests therein such of the
property referred to in paragraph (a) of this clause as is of an insurable
nature against loss or damage by fire storm tempest earthquake and such other
risks as the State may from time to time require to the full insurable value
in some insurance office in Perth to be approved by the State and will
punctually pay all premiums and sums necessary for effecting and keeping up
such insurance and forthwith hand to the Minister every policy and receipt
relating thereto.
Assignment 3
20. (1) Subject to the
provisions of this clause the Company may at any time with the consent in
writing of the Minister assign mortgage charge sublet or dispose of to any
party or company the whole of or any undivided interest in the whole of the
rights of the Company hereunder (including its rights to or as the holder of
any title lease or permit licence or forest lease (issued pursuant to the
Forests Act 1918 ) or contract or agreement hereunder) and of the obligations
of the Company hereunder subject to the assignee executing in favour of the
State 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 Company to
be complied with observed or performed in regard to the matters assigned.
(2) Notwithstanding
anything contained in or anything done under or pursuant to sub-clause (1) of
this clause the Company 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 herein
and in any permit licence or forest lease (issued pursuant to the
Forests Act 1918 ) or in any agreement contract or loan agreement herein
referred to and the subject of the assignment under sub-clause (1) of this
clause.
Variation 3
21. (1) The parties
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 or right granted hereunder or pursuant hereto for the purpose of more
efficiently or satisfactorily implementing or facilitating any of the objects
of this Agreement.
(2) The Minister shall
cause an agreement made pursuant to sub-clause (1) of this Clause in respect
of any addition substitution cancellation or variation of the provisions of
this Agreement to be laid upon the Table of each House of Parliament within
the twelve (12) sitting days next following its execution.
(3) Either House may
within twelve (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.
Extension 3
22. Notwithstanding any provision hereof (other
than clause 15 hereof) the Minister may at the request of the Company from
time to time extend any period or date referred to in this Agreement for such
period or to such later date as the Minister thinks fit and the extended
period or later date when advised to the Company by notice from the Minister
shall be deemed for all purposes hereof substituted for the period or date so
extended.
Environment 3
23. Nothing in this Agreement shall be construed
to exempt the Company from compliance with any requirement in connection with
the protection of the environment arising out of or incidental to the
operations of the Company hereunder that may be made by the State or any State
agency or instrumentality or any local or other authority or statutory body of
the State pursuant to any Act for the time being in force.
Further Assurance 3
24. Each of the parties hereto shall take all
steps and do all acts matters and things within its power as may be necessary
or desirable to enable the others to obtain the full benefit of this
Agreement.
Arbitration 3
25. Any dispute or difference between the parties
hereto or any two of them arising out of or in connection with this Agreement
or any agreed amendment or variation thereof or agreed addition thereto or as
to the construction of this Agreement or any such amendment variation or
addition or as to the rights duties or liabilities of any party hereunder or
as to any matter to be agreed upon between the parties or any two of them
under this Agreement shall in default of agreement between those parties and
in the absence of any provision in this Agreement to the contrary be referred
to the arbitration of arbitrators one to be appointed by each party to the
dispute the arbitrators (where two only are appointed) to appoint their umpire
before proceeding in the reference and every such arbitration shall be
conducted in accordance with the provisions of the Arbitration Act 1895 but
this clause does not apply to any case where the State the Minister or any
Minister is by this Agreement given either expressly or impliedly a
discretionary power.
Notices 3
26. Any notice consent approval or other writing
authorized 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 to the Company or Mt.
Dempster (as the case may require) at its registered office respectively for
the time being in the said State and by the Company or Mt. Dempster if signed
on its behalf by a director manager or secretary of the Company or Mt.
Dempster or by any person or persons authorised by the Company or Mt. Dempster
in that behalf or by its solicitors (which solicitors have been notified to
the State from time to time) and forwarded by prepaid post to the Minister and
any such notice consent or writing shall be deemed to have been duly given or
sent (unless the contrary be shown) on the day on which it would be delivered
in the ordinary course of post.
Default 3
27. (1) If the Company
or Mt. Dempster make default which the Minister considers material in the due
and punctual performance of any of their respective covenants agreements or
obligations hereunder and either the Company or Mt. Dempster shall fail to
remedy that default within a reasonable time after notice specifying the
default is given to them or either of them (as the case may require) by the
State or if either the Company or Mt. Dempster abandons or repudiates their
respective operations under this Agreement or if the Company or Mt. Dempster
goes into liquidation (other than a voluntary liquidation for the purpose of
reconstruction) then and in any of such events the State may by notice given
to the Company determine this Agreement and the rights of the Company
hereunder and under any permit licence or forest lease aforesaid and upon
receipt by the Company of that notice this Agreement and the rights of the
Company hereunder and under any permit licence or forest lease aforesaid shall
determine PROVIDED HOWEVER that if the Company or Mt. Dempster fails to remedy
or to cause to be remedied any default after notice is given to the Company or
Mt. Dempster (as the case may be) specifying the default 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 its agents workmen or otherwise shall have full power to enter upon
lands occupied by the Company and the lands the subject of the Mineral Claims
and to make use of all plant and machinery equipment and installations on both
or either of those lands) and the costs and expenses incurred by the State
remedying or causing to be remedied such default shall be a debt payable by
the Company to the State on demand made by the State.
Effect of Determination 3
(2) On the cessation
or determination of this Agreement: —
(a)
except as otherwise agreed by the Minister the rights of the Company to in or
under this Agreement and the estate interest and rights and concessions of the
Company or any mortgagee to in under or pursuant to (as the case may be) the
lands described in the First and Second Schedules hereto and any other lands
transferred or granted under clause 4(2) hereof and the permits licences or
forest leases (described in the Fifth Schedule hereto) shall thereupon cease
and determine but without prejudice to the liability of the Company in respect
of any antecedent breach or default under this Agreement or in respect of any
indemnity given hereunder and the buildings structures and improvements made
constructed or erected on any of those lands and all the right title and
interest of the Company in all the plant equipment goods chattels and effects
on those lands or any lands used in connection with the Industry shall become
the absolute property of the Crown without compensation and freed and
discharged from all mortgages charges and encumbrances and the Company shall
without consideration but otherwise at the request and cost of the State
transfer or surrender to the State or the Crown the lands described in the
First and Second Schedules hereto and any other lands transferred or granted
under clause 4(2) hereof and those permits licences or forest leases aforesaid
and do and execute such acts matters things and documents as the State may
reasonably require to give effect to this provision and the Company hereby
irrevocably constitutes and appoints the Minister or such person as he may
from time to time nominate the true and lawful attorney of the Company to
execute the transfer or surrenders aforesaid and to do and execute such acts
matters things and documents as the State reasonably requires to give effect
to the provision aforesaid;
(b) the
Company shall forthwith pay to the State all moneys which may then have become
payable or accrued due.
Limit on Default 3
(3) If the Company and
Mt. Dempster have at all times up to and including the sixth (6th) anniversary
date of the Sale Date duly and punctually observed performed and complied with
all their respective covenants and obligations contained in this Agreement
then the provisions of this clause 27 shall cease to have any further force or
effect after that date.
Exemption from Stamp Duty 3
28. The State shall exempt from any stamp duty
which but for the operation of this clause would be chargeable on: —
(a) this
Agreement;
(b) any
instrument executed by the State pursuant to this Agreement granting to or in
favour of the Company or permitted assignee under clause 20 hereof any
tenement lease easement licence or other right or interest;
(c) any
assignment sublease or disposition (other than by way of mortgage or charge)
and any appointment to or in favour of the Company of any interest right
obligation power function or authority made pursuant to the provisions of
clause 20 hereof.
PROVIDED THAT this clause shall not apply to any instrument or other document
executed or made more than two (2) years next following the Sale Date.
Delays 3
29. This Agreement is deemed to be made subject to
any delays in the performance of the obligations hereunder and to the
temporary suspension of the continuing obligations hereunder that may be
caused by or arise from circumstances beyond the power and control of the
party responsible for the peformance of those obligations including delays or
any such temporary suspension as aforesaid caused by or arising from act of
God force majeure floods storms tempest washaways fire (unless caused by the
actual fault or privity of the Company) act of war act of public enemies riots
civil commotions strikes lockouts stoppages restraint of labour or other
similar acts (whether partial or general) shortages of labour or essential
materials reasonable failure to secure contractors delays of contractors and
inability profitably to sell products or factors due to overall world economic
conditions 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 minimise the effect of such causes as soon as possible after
their occurrence.
IN WITNESS whereof this Agreement has been
executed as a Deed by or on behalf of the parties hereto the day and year
first hereinbefore mentioned.
FIRST SCHEDULE
ALL THOSE pieces of land being: —
1. Portion of Swan
Location 1317 and being Lot 1 the subject of Diagram 14219 and being the whole
of the land comprised in Certificate of Title Volume 1109 Folio 949 less
portion resumed.
2. Portion of Avon
Location 1953 and being Lot M2140 on Plan 6744 except and reserving metals
minerals and gems specified in Transfer 18843/1957 and being the whole of the
land comprised in Certificate of Title Volume 1209 Folio 856 less portion
resumed.
3. Portion of Avon
Location 1953 and being Lot M2050 the subject of plan 6214 except and
reserving metals minerals gems and mineral oil specified in Transfer 7341/1954
and being the whole of the land comprised in Certificate of Title Volume 1169
Folio 19 less the portion resumed.
4. Portion of Avon
Location 1953 being part of each of Lots M2137 and M2139 on plan 6744 except
and reserving metals minerals gems mineral oil specified in Transfer 47584/65
and being the whole of the land comprised in Certificate of Title Volume 1391
Folio 69.
5. Portion of Avon
Location P1 and being Lot 9 the subject of Diagram 16395 and being the whole
of the land comprised in Certificate of Title Volume 1217 Folio 534.
6. Portion of each of
Cockburn Sound Locations 124 and 329 and being Lot 20 on plan 5777 and being
the whole of the land comprised in Certificate of Title Volume 1073 Folio 929.
7. Avon Location 5616
and being the whole of the land comprised in Certificate of Title Volume 983
Folio 54.
8. Avon Location 26783
and being the whole of the land comprised in Certificate of Title Volume 1179
Folio 549.
9. Wundowie Lot 1 and
being the whole of the land comprised in Certificate of Title Volume 1202
Folio 452.
The lands comprised in items 7 and 8 are subject to an unregistered lease made
between the Charcoal Iron and Steel Industry Board of Management and A.W. and
H.D. Llewellyn.
SECOND SCHEDULE
1. Avon Locations
27073, 28416, 28417 and 28418 being Reserve 22605 subject to an unregistered
Lease made between the Charcoal Iron and Steel Industry Board of Management of
the one part and the Wundowie Club (Incorporated) of the other part in respect
of that portion of Avon Location 27073 as is delineated and coloured green
(kiosk) in the Schedule to the Lease.
2. Avon Locations
24008, 24009, 24010, 24011, 24012, 24013, 28497 and 28498.
THIRD SCHEDULE
CHARCOAL IRON AND STEEL INDUSTRY
PLANT AND BUILDINGS
|
Identification |
Item |
|---|---|
|
1A |
No. 1 Blast Furnace |
|
1B |
No. 1 Cast House |
|
1C |
No. 1 Blast furnace stoves — 2 off |
|
2A |
No. 2 Blast furnace |
|
2B |
No. 2 Cast House |
|
2C |
No. 2 blast furnace stoves — 2 off |
|
2D |
Shaking Ladle and Equipment — including 4 Ladle chassis, 7 ladles, 2
shaking ladle stands |
|
2E |
Shaking Ladle Buildings, including 50 ton crane |
|
3A |
Bins at No. 1 Blast Furnace — 12 off, Bins at No. 2 Blast Furnace
— 20 off, Charcoal Bins O/Head — 4 off |
|
3B |
Scale Cars — 4 off (2 only used) |
|
3C |
Ore Handling Equipment — including conveyors, tippler, screens and
Jaques Limestone Crusher, F’mtle crusher and Screens |
|
3D |
Charcoal Screening Plant |
|
4A |
Gas Cleaning Plant — including 3 Venturi and 3 Cyclone gas cleaners |
|
4B |
Gas pipes and Gantry |
|
4C |
Settling Pits |
|
5A |
Pig Casting Machine and Equipment — including crane O/H |
|
5B |
No. 1 and No. 2 Pig Casting Machines — including one spare machine |
|
5C |
Foundry Buildings |
|
5D |
Foundry Equipment |
|
5F |
Birlec Induction Furnace |
|
5G |
Fettling Shop — old |
|
5J |
New Railway Siding |
|
5K |
Foundry Extensions — including core making equipment, air compressor (at
Power House), sand plant (link belt) and miscellaneous equipment |
|
5L |
Fettling Shop and equipment |
|
5M |
No. 2 Birlec Furnace |
|
5N |
Disamatic Moulding Machine |
|
6A |
Turbo Blowers — 3 off |
|
7A |
Power House — building only |
|
7B |
Boilers and Ancillaries — 4 off |
|
7C |
Turbo Alternator |
|
7D |
6RK Diesel Alternator |
|
7F |
Electricity Distribution |
|
8A |
Water Supply |
|
8B |
Cooling Tower and Pipelines |
|
8C |
Fire Control — 1 Trailer and Tanks |
|
9A |
Compressed air supply — 5 Compressors |
|
9B |
Bulk Liquid Oxygen Equipment — includes all pipework after C.I.G.
receivers |
|
10E |
Creek Pollution Prevention |
|
12A |
Batch Retorts — 8 off |
|
12B |
Transporter |
|
12C |
Predrier-48 buggy capacity |
|
12D |
Charcoal Coolers — 11 off |
|
12E |
Wood Buggies — approx. 170 off — and Wood Lines — 3 off |
|
12F |
Buggy Tipplers — 2 off |
|
12G |
Charcoal Weigher |
|
13B |
Lambiotte Retorts — 2 off |
|
13C |
Charcoal Handling Plant — including belts, apron feeders, etc. |
|
13D |
Waste Products Disposal Plant — including “Action” waste
bins purchased |
|
13E |
Log Docker Mill |
|
14A |
Power (chain) saw |
|
14D |
Main Mill |
|
14E |
Dressing Mill |
|
15B |
Refinery |
|
15C |
Refinery Plant in Eastern States — Union Carbide depot |
|
15D |
Refinery Cooling Tower |
|
16A |
Fitters Workshop Building — including maintenance office |
|
16B |
Fitters Workshop Equipment |
|
16C |
Motor Workshop Building and Parking area |
|
16D |
Motor Workshop Equipment — including tyre changing equipment, greasing
equipment |
|
16E |
Carpenters Workshop |
|
16F |
Instrument Fitters Workshop |
|
17A |
Office and Equipment |
|
17B |
Laboratory and Equipment |
|
17C |
Stores — 2 off — (i) Bulk |
|
17D |
Weighbridge |
|
17E |
Fremantle Pig Iron Dept. |
|
17F |
Drawing Office |
|
17G |
Quantovac and New Leased Quantovac Bldg. Extn. |
|
17H |
Shiftboss Office |
|
17J |
Transport Office |
|
18B |
Koolyanobbing Plant |
|
18C |
Koolyanobbing Office and Amenities |
|
18E |
Koolyanobbing Vehicles (see supplementary schedule) |
|
19A |
Three Staff Houses |
|
19B |
Shower Rooms and Lavatory Block |
|
19C |
Ambulance Building |
|
19D |
Singlemen’s Quarters |
|
19E |
Small Cottages and Huts |
|
19F |
Security Fence |
|
20C |
Engineering Spares |
|
21A |
Vehicles (see supplementary schedule) |
|
A5 |
Greengrocery Shop |
SUPPLEMENTARY SCHEDULE FOR ITEM 21A
(VEHICLES AT WUNDOWIE)
SUPPLEMENTARY SCHEDULE FOR ITEM 18E
VEHICLES AT KOOLYANOBBING
|
FOURTH SCHEDULE PART A CHARCOAL IRON AND STEEL INDUSTRY — SUMMARY OF LEASED VEHICLES AND PLANT |
Leasing Company |
Gen. Credits |
Commonwealth Trading Bank Commonwealth Trading Bank Commonwealth Trading Bank |
Gen. Credits Gen. Credits Gen. Credits Gen. Credits Gen. Credits Gen. Credits Gen. Credits |
Gen. Credits |
C.A.G.A. |
| |
Commencing date |
7/1/70 |
28/8/70 28/8/70 28/8/70 |
1/9/70 1/9/70 1/9/70 1/9/70 1/9/70 1/9/70 1/9/70 |
3/12/70 |
27/1/71 |
| | |
23½ in. x 7 in. 4-sider planning and mould: machine |
Complete with 4 in. bolsters with quick release 2¼ in. high tensile pins 6-wheeled complete with BPW 10-stud axles, double air line brakes etc. 4 in.
bolsters and 2¼ in. pins Model 6564 wheel loader 4-wheel drive etc. ........ |
One Multi-channel base station complete with Power supply 20 ft. mast and 60
ft. cable 5 multi-channel mobile unit ................................. 1 mobile unit with carry portable ......................... 4 mounting kits with whip aerials ........................ 1 mobile unit with carry portable (less mounting hardware) 1 multi channel mobile unit for new truck ............ 1 regulated power supply ...................................... |
TC 35 truck-mounted crane with 12 ft. jib extension — Engine No.
236U52099 |
Payloader — Model AH65 Series “B” ................ |
| |
Unit |
Danckaert ..................... |
Skeleton Frame ............ Dog Trailer ................... Allis Chalmers .............. |
Base Station Equipment Mobile Equipment ........ |
BHB Mobilift .............. |
International ................. |
| |
CISI | |
|
