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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Iron Ore Agreements Legislation Amendment
Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Iron Ore (Rhodes Ridge)
Agreement Authorisation
Act 1972 amended
3. Act amended 3
4. Section 1A inserted 3
1A. Terms used 3
5. Section 2 amended 3
6. Section 4 amended 4
7. Sections 5, 6 and 7 inserted 4
5. 2024 Variation Agreement ratified and
implementation authorised 4
6. State empowered 4
7. Effect on other laws 4
8. Schedule amended 5
Schedule 1 -- Iron Ore (Rhodes Ridge) Agreement
9. Schedule 2 inserted 5
Schedule 2 -- 2024 Variation Agreement
Part 3 -- Iron Ore (Hamersley Range)
Agreement Act 1963 amended
10. Act amended 125
11. Section 2 amended 125
184--1 page i
Iron Ore Agreements Legislation Amendment Bill 2024
Contents
12. Sections 4I and 4J inserted 125
4I. Sixteenth Supplementary Agreement 125
4J. Seventeenth Supplementary Agreement 126
13. Seventeenth and Eighteenth Schedules inserted 126
Seventeenth Schedule -- Sixteenth Supplementary
Agreement
Eighteenth Schedule -- Seventeenth Supplementary
Agreement
Part 4 -- Iron Ore (Hope Downs)
Agreement Act 1992 amended
14. Act amended 134
15. Section 3 amended 134
16. Section 4 amended 135
17. Schedule 4 inserted 135
Schedule 4 -- Third Variation Agreement
Part 5 -- Iron Ore (Mount Bruce)
Agreement Act 1972 amended
18. Act amended 139
19. Section 2 amended 139
20. Section 4E inserted 139
4E. 2024 Variation Agreement 139
21. Sixth Schedule inserted 140
Sixth Schedule -- 2024 Variation Agreement
Part 6 -- Iron Ore (Robe River)
Agreement Act 1964 amended
22. Act amended 144
23. Section 2 amended 144
24. Section 4E inserted 144
4E. Eighth variation agreement 144
25. Ninth Schedule inserted 145
Ninth Schedule -- Eighth variation agreement
Part 7 -- Iron Ore (Yandicoogina)
Agreement Act 1996 amended
26. Act amended 154
27. Section 3 amended 154
page ii
Iron Ore Agreements Legislation Amendment Bill 2024
Contents
28. Section 4 amended 154
29. Schedule 4 inserted 155
Schedule 4 -- Third Variation Agreement
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Iron Ore Agreements Legislation Amendment
Bill 2024
A Bill for
An Act to amend the following Acts --
• the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972;
• the Iron Ore (Hamersley Range) Agreement Act 1963;
• the Iron Ore (Hope Downs) Agreement Act 1992;
• the Iron Ore (Mount Bruce) Agreement Act 1972;
• the Iron Ore (Robe River) Agreement Act 1964;
• the Iron Ore (Yandicoogina) Agreement Act 1996.
The Parliament of Western Australia enacts as follows:
page 1
Iron Ore Agreements Legislation Amendment Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Iron Ore Agreements Legislation Amendment
4 Act 2024.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on the day after that day.
page 2
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 3
1 Part 2 -- Iron Ore (Rhodes Ridge) Agreement
2 Authorisation Act 1972 amended
3 3. Act amended
4 This Part amends the Iron Ore (Rhodes Ridge) Agreement
5 Authorisation Act 1972.
6 4. Section 1A inserted
7 After section 1 insert:
8
9 1A. Terms used
10 In this Act --
11 2024 Variation Agreement means the agreement a
12 copy of which is set out in Schedule 2;
13 current Agreement means the agreement referred to in
14 section 2 as varied --
15 (a) from time to time in accordance with its
16 provisions; and
17 (b) by the Iron Ore Agreements Legislation
18 Amendment Act 2010 Part 9; and
19 (c) by the 2024 Variation Agreement.
20
21 5. Section 2 amended
22 In section 2 delete "the Schedule" and insert:
23
24 Schedule 1
25
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 6
1 6. Section 4 amended
2 At the end of section 4 insert:
3
4 (5) Nothing in this section affects the amount of royalty
5 payable under section 21.01 of the current Agreement
6 in respect of any period after the commencement of the
7 Iron Ore Agreements Legislation Amendment Act 2024
8 Part 2.
9
10 7. Sections 5, 6 and 7 inserted
11 After section 4 insert:
12
13 5. 2024 Variation Agreement ratified and
14 implementation authorised
15 (1) The 2024 Variation Agreement is ratified.
16 (2) The implementation of the 2024 Variation Agreement
17 is authorised.
18 6. State empowered
19 The State has power in accordance with
20 section 10.05(a) of the current Agreement.
21 7. Effect on other laws
22 (1) The current Agreement operates and takes effect
23 despite any enactment or other law.
24 (2) If a provision of the agreement referred to in section 2
25 or the 2024 variation agreement expressly or by
26 implication purports to modify or exclude the
27 application or operation of an enactment for a purpose
28 or in relation to a person or thing, the application or
29 operation of the enactment is modified or excluded for
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 8
1 that purpose, or in relation to that person or thing, to
2 the extent or for the period mentioned in the provision
3 or necessary for the provision to have effect.
4 (3) To avoid doubt, it is declared that the provisions of the
5 Public Works Act 1902 section 96 do not apply to a
6 railway constructed under the current Agreement.
7 (4) This section does not limit or otherwise affect the
8 application of the Government Agreements Act 1979.
9
10 8. Schedule amended
11 Delete the heading to the Schedule and the reference after it and
12 insert:
13
14 Schedule 1 -- Iron Ore (Rhodes Ridge) Agreement
15 [s. 2]
16
17 9. Schedule 2 inserted
18 At the end of the Act insert:
19
20 Schedule 2 -- 2024 Variation Agreement
21 [s. 1A]
22 2024
23
24 THE HONOURABLE ROGER COOK
25 PREMIER OF THE STATE OF WESTERN AUSTRALIA
26
27 AND
page 5
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 HAMERSLEY RESOURCES LIMITED
2 ACN 004 887 656
3
4 WRIGHT PROSPECTING PTY LTD
5 ACN 008 677 021
6
7 AUSTRALIAN MINING & SMELTING PTY LTD
8 ACN 004 896 726
9
10
11 IRON ORE (RHODES RIDGE) AGREEMENT 1972
12 RATIFIED VARIATION AGREEMENT
13
14
15
16 [Solicitor's details]
17
18
19 THIS AGREEMENT is made this 26 day of August 2024
20
21 BETWEEN
22
23 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
24 Australia, acting for and on behalf of the said State and instrumentalities from
25 time to time (State)
26 AND
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 HAMERSLEY RESOURCES LIMITED ACN 004 887 656 of Level 18,
2 Central Park, 152-158 St Georges Terrace, Perth, Western Australia and
3 WRIGHT PROSPECTING PTY LTD ACN 008 677 021 of Suite 3, Level 1,
4 254 Rokeby Road, Subiaco, Western Australia (Joint Venturers)
5 AND
6 AUSTRALIAN MINING & SMELTING PTY LTD ACN 004 896 726 of
7 Level 43, 120 Collins Street, Melbourne, Victoria (Guarantor).
8
9 RECITALS
10 A. The State, the Joint Venturers and the Guarantor are now the parties to
11 the agreement dated 12 October 1972 authorised by and as scheduled
12 to the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 and
13 which as subsequently added to, varied or amended is referred to in this
14 Agreement as the "Principal Agreement".
15 B. The State, the Joint Venturers and the Guarantor wish to vary the
16 Principal Agreement.
17
18 THE PARTIES AGREE AS FOLLOWS:
19 1. Ratification and operation
20 (1) This Agreement, other than this clause, does not come into operation
21 except in accordance with subclause (2).
22 (2) This Agreement, other than this clause, comes into operation on the day
23 on which it is ratified by an Act of the Parliament of Western Australia
24 ("Operative Date") unless, before that day, it terminates under
25 subclauses (4) or (5).
26 (3) The State must introduce in the Parliament of Western Australia before
27 30 September 2024 or a later date agreed between the parties to this
28 Agreement, a Bill to ratify this Agreement and must endeavour to
29 secure its passage as an Act.
30 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
31 of the Parliament of Western Australia then, unless the parties to this
32 Agreement otherwise agree, this Agreement terminates on that day and
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 no party hereto will have any claim against any other party hereto with
2 respect to any matter or thing arising out of, done, performed, or
3 omitted to be done or performed under this Agreement.
4 (5) The parties agree that if the Principal Agreement is otherwise
5 determined in accordance with its provisions on a day prior to the
6 Operative Date, then this Agreement shall also terminate on and from
7 that day and no party hereto will have any claim against any other party
8 hereto with respect to any matter or thing arising out of, done,
9 performed, or omitted to be done or performed under this Agreement.
10 2. Variations of the Principal Agreement
11 The Principal Agreement is varied as follows:
12 (1) in Section 1.01 by:
13 (a) deleting the definitions of "direct shipping ore", "fine ore",
14 "fines", "f.o.b. revenue", "iron ore", "Land Act", "mineral
15 lease", "mine townsite", "Minister for Works", "mortgagee",
16 "port townsite", "tertiary processing" and "the port";
17 (b) inserting in the appropriate alphabetical position the
18 following new definitions:
19 "agreed or determined" means agreed between the Joint
20 Venturers and the Minister or, failing agreement within three
21 (3) months of the Minister giving notice to the Joint Venturers
22 that he requires the value of a quantity of iron ore to be agreed
23 or determined, as determined by the Minister (following, if
24 requested by the Joint Venturers, consultation with the Joint
25 Venturers and their consultants in regard thereto) and in
26 agreeing or determining a fair and reasonable market value of
27 such iron ore assessed on an arm's length basis the Joint
28 Venturers and/or the Minister as the case may be shall have
29 regard to:
30 (a) in the case of iron ore initially sold at cost pursuant to
31 the proviso to Section 21.05, the prices for that type of
32 iron ore prevailing at the time the price for such iron
33 ore was agreed between the arm's length purchaser
34 referred to in paragraph (iii) of that proviso and the
35 seller in relation to the type of sale and the relevant
36 international seaborne iron ore market into which such
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 iron ore was sold and where prices beyond the deemed
2 f.o.b. point are being considered the deductions
3 mentioned in the definition of f.o.b. value; and
4 (b) in any other case, the prices for that type of iron ore
5 prevailing at the time the price for such iron ore was
6 agreed between the Joint Venturers and the purchaser
7 in relation to the type of sale and the market into which
8 such iron ore was sold and where prices beyond the
9 deemed f.o.b. point are being considered the deductions
10 mentioned in the definition of f.o.b. value;
11 "approved proposal" means a proposal approved or
12 determined under this Agreement;
13 "beneficiated ore" means iron ore that has been concentrated
14 or upgraded (otherwise than solely by crushing, screening,
15 separating by hydrocycloning or a similar technology which
16 uses primarily size as a criterion, washing, scrubbing,
17 trommelling or drying or by a combination of 2 or more of
18 those processes) by the Joint Venturers in a plant constructed
19 pursuant to a proposal approved pursuant to an Integration
20 Agreement or in such other plant as is approved by the
21 Minister after consultation with the Minister for Mines and
22 "beneficiation" and "beneficiate" have corresponding
23 meanings;
24 "deemed f.o.b. point" means on ship at the relevant loading
25 point;
26 "deemed f.o.b. value" means an agreed or determined value
27 of the iron ore as if the iron ore was sold f.o.b. at the deemed
28 f.o.b. point as at:
29 (a) in the case of iron ore the property of the Joint
30 Venturers which is shipped out of the said State, the
31 date of shipment; and
32 (b) in any other case, the date of sale, transfer of
33 ownership, disposal or use as the case may be;
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 "Department" means the department of the State from time to
2 time assisting the Minister for Mines in the general
3 administration of the Mining Act 1978;
4 "EP Act" means the Environmental Protection Act 1986
5 (WA);
6 "fine ore" means iron ore (not being beneficiated ore) which
7 is screened and will pass through a 6.3 millimetre mesh
8 screen;
9 "f.o.b. value" means:
10 (a) subject to paragraph (b), in the case of iron ore shipped
11 and sold by the Joint Venturers, the price which is
12 payable for the iron ore by the purchaser thereof to the
13 Joint Venturers or an associated company or, where the
14 Minister considers, following advice from the
15 appropriate Government department, that the price
16 payable in respect of the iron ore does not represent a
17 fair and reasonable market value for that type of iron
18 ore assessed on an arm's length basis, such amount as
19 is agreed or determined as representing such a fair and
20 reasonable market value, less all export duties and
21 export taxes payable to the Commonwealth on the
22 export of the iron ore and all costs and charges properly
23 incurred and payable by the Joint Venturers from the
24 time the iron ore shall be placed on ship at the relevant
25 loading port to the time the same is delivered and
26 accepted by the purchaser including:
27 (i) ocean freight;
28 (ii) marine insurance;
29 (iii) port and handling charges at the port of
30 discharge;
31 (iv) all costs properly incurred in delivering the iron
32 ore from port of discharge to the smelter and
33 evidenced by relevant invoices;
34 (v) all weighing sampling assaying inspection and
35 representation costs;
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 (vi) all shipping agency charges after loading on and
2 departure of ship from the relevant loading port;
3 (vii) all import taxes by the country of the port of
4 discharge; and
5 (viii) such other costs and charges as the Minister may
6 in his discretion consider reasonable in respect
7 of any shipment or sale;
8 (b) in the case of iron ore initially sold at cost pursuant to
9 the proviso to Section 21.05, the price which is payable
10 for the iron ore by the arm's length purchaser as referred
11 to in paragraph (c) of that proviso or, where the
12 Minister considers, following advice from the
13 appropriate Government department, that the price
14 payable in respect of the iron ore does not represent a
15 fair and reasonable market value for that type of iron
16 ore assessed on an arm's length basis in the relevant
17 international seaborne iron ore market, such amount as
18 is agreed or determined as representing such a fair and
19 reasonable market value, less all duties, taxes, costs and
20 charges referred to in paragraph (a) above; and
21 (c) in all other cases, the deemed f.o.b. value.
22 For the purposes of paragraph (a) of this definition, it is
23 acknowledged that the consideration payable in an arm's
24 length transaction for iron ore sold solely for testing purposes
25 may be less than the fair and reasonable market value for that
26 iron ore and in this circumstance where the Minister in his
27 discretion is satisfied such consideration represents the entire
28 consideration payable, the Minister shall be taken to be
29 satisfied that such entire consideration represents the fair and
30 reasonable market value;
31 "GNH Portion" means the portion of Great Northern
32 Highway that traverses Temporary Reserves 4192H, 4737H,
33 and 4882H (being more particularly land comprising portion
34 of Lot 182 on Deposited Plan 219299 (LR 3116/247), the
35 whole of Lot 181 on Deposited Plan 219298 (LR3116/246),
36 the whole of Lot 180 on Deposited Plan 219297
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 (LR3116/245) and portion of Lot 179 on Deposited Plan
2 219296 (LR3116/244));
3 "Government agreement" has the meaning given in the
4 Government Agreements Act 1979 (WA);
5 "Integration Agreement" means:
6 (a) the agreement approved by and scheduled to the Iron
7 Ore (Hamersley Range) Agreement Act 1963, as from
8 time to time added to, varied or amended; or
9 (b) the agreement approved by and scheduled to the Iron
10 Ore (Robe River) Agreement Act 1964, as from time to
11 time added to, varied or amended; or
12 (c) the agreement approved by and scheduled to the Iron
13 Ore (Hamersley Range) Agreement Act Amendment
14 Act 1968, as from time to time added to, varied or
15 amended; or
16 (d) the agreement ratified by and scheduled to the Iron Ore
17 (Mount Bruce) Agreement Act 1972, as from time to
18 time added to, varied or amended; or
19 (e) the agreement authorised by and as scheduled to the
20 Iron Ore (Rhodes Ridge) Agreement Authorisation
21 Act 1972, as from time to time added to, varied or
22 amended; or
23 (f) the agreement ratified by and scheduled to the Iron Ore
24 (Hope Downs) Agreement Act 1992, as from time to
25 time added to, varied or amended; or
26 (g) the agreement ratified by and scheduled to the Iron Ore
27 (Yandicoogina) Agreement Act 1996, as from time to
28 time added to, varied or amended;
29 "Integration Proponent" means in relation to an Integration
30 Agreement, "the Company" or "the Joint Venturers" as the
31 case may be as defined in, and for the purpose of, that
32 Integration Agreement;
33 "iron ore" includes, without limitation, beneficiated ore;
34 "LAA" means the Land Administration Act 1997 (WA);
page 12
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 "LAA Minister" means the Minister for Lands, a body
2 corporate under section 7 of the LAA;
3 "laws relating to native title" means laws applicable from time
4 to time in the said State in respect of native title and includes
5 the Native Title Act 1993 (Commonwealth);
6 "loading port" means:
7 (a) the Port of Dampier; or
8 (b) Port Walcott; or
9 (c) any other port constructed after the variation date under
10 an Integration Agreement; or
11 (d) such other port approved by the Minister at the request
12 of the Joint Venturers from time to time for the
13 shipment of iron ore from the Mining Lease;
14 "lump ore" means iron ore (not being beneficiated ore) which
15 is screened and will not pass through a 6.3 millimetre mesh
16 screen;
17 "mine closure plan" means a document that:
18 (a) is in the form required under the Mining Act 1978 for
19 a mine closure plan relating to mining leases granted
20 under that Act; and
21 (b) contains information required under the Mining
22 Act 1978 for a mine closure plan relating to mining
23 leases granted under that Act including about:
24 (i) the decommissioning of each mine (within the
25 meaning given to that term in the Mining
26 Act 1978); and
27 (ii) the rehabilitation of land,
28 within the area of the Mining Lease;
29 "Mining Act 1978" means the Mining Act 1978 (WA);
30 "Mining Lease" means the mining lease, granted pursuant to
31 Section 9.01 and includes any renewal thereof and according
32 to the requirements of the context describes the area of land
page 13
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 demised as well as the instrument by which it is demised and
2 includes any areas added to it pursuant to Section 9A.01;
3 "Minister for Water" means the Minister in the Government
4 of the said State for the time being responsible for the
5 administration of the Rights in Water and Irrigation Act 1914
6 (WA);
7 "MRF Act" means the Mining Rehabilitation Fund Act 2012
8 (WA);
9 "Related Entity" means a company in which:
10 (a) as at 21 June 2010; and
11 (b) after 21 June 2010, with the approval of the Minister,
12 a direct or (through a subsidiary or subsidiaries within the
13 meaning of the Corporations Act 2001 (Commonwealth))
14 indirect shareholding of 20% or more is held by Rio Tinto
15 Limited ABN 96 004 458 404;
16 "Relevant Land", in relation to Special Advance Tenure,
17 means the land which is the subject of that Special Advance
18 Tenure;
19 "Special Advance Tenure" means:
20 (a) a miscellaneous licence or general purpose lease
21 requested under Section 10.04 to be granted to the Joint
22 Venturers under the Mining Act 1978; or
23 (b) an easement or a lease requested under Section 10.04
24 to be granted to the Joint Venturers under the LAA,
25 and as the context requires such tenure if granted;
26 "Surrendered Land" means all portions and interests in land
27 surrendered from Temporary Reserves 4192H, 4737H and
28 4882H pursuant to registered Partial Surrenders 751H/856,
29 752H/856 and 753H/856 respectively;
30 "The JORC Code" means the Australasian Code for Reporting
31 of Exploration Results, Mineral Resources and Ore Reserves
32 prepared by the Joint Ore Reserves Committee of The
33 Australasian Institute of Mining and Metallurgy, Australian
34 Institute of Geoscientists and Minerals Council of Australia
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 in December 2012 or any future superseding code issued by
2 the same or any future equivalent organisation or
3 organisations;
4 "variation date" means the date on which clause 2 of the
5 variation agreement made on or about 27 August 2024
6 between the State, the Joint Venturers and the Guarantor
7 comes into operation;
8 "washing" means a process of separation by water using only
9 size as a criterion; and
10 (c) in the definition of "assignee", deleting "and includes as
11 associated company or third party in whose favour an
12 appointment has been made pursuant to paragraph (b) of
13 Section 25.04";
14 (d) in the definition of "associated company", deleting "section
15 (6) of the Companies Act 1961" and substituting "the
16 Corporations Act 2001 (Commonwealth)";
17 (e) in the definition of "iron ore pellets", deleting "mineral lease"
18 and substituting "Mining Lease";
19 (f) in the definition of "iron ore products", deleting "mineral
20 lease" and substituting "Mining Lease";
21 (g) in the definition "Joint Venturers' wharf", by deleting "and
22 whether the same be a wharf constructed by or on behalf of
23 the Joint Venturers a wharf used by the Joint Venturers in
24 conjunction with another or others (including the State)";
25 (h) in the definition of "Minister for Mines", after the words
26 "Mining Act" inserting the words "and the Mining Act 1978";
27 (i) in the definition of "parties", by deleting "or" and substituting
28 "and";
29 (j) in the definition of "secondary processing", by:
30 (i) deleting "concentration or other beneficiation of iron
31 ore otherwise than by crushing or screening" and
32 substituting "beneficiation of iron ore"; and
33 (ii) before the word "pellets" inserting the words "iron
34 ore"; and
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 (k) in the definition of "Year 1", after the words "export date and"
2 deleting "year" and substituting "Year";
3 (2) in Section 1.03 by:
4 (a) in paragraph (b), after the words "References to an Act" insert
5 the words "(other than the Mining Act)"; and
6 (b) inserting after subparagraph (ii) of paragraph (e) the
7 following new paragraphs:
8 "(f) Words in the singular shall include the plural and words
9 in the plural shall include the singular according to the
10 requirements of the context.
11 (g) One gender includes the other genders.
12 (h) Reference in this Agreement to any other document
13 includes that document as from time to time added to,
14 varied or amended and notwithstanding any change in
15 the identity of the parties.
16 (i) "Including" means "including, but not limited to".
17 (j) Reference to a "person" includes a body corporate.
18 (k) Nothing in this Agreement shall be construed:
19 (i) to exempt the Joint Venturers from compliance
20 with any requirement in connection with the
21 protection of the environment arising out of or
22 incidental to their activities under this Agreement
23 that may be made by or under the EP Act; or
24 (ii) to exempt the State or the Joint Venturers from
25 compliance with or to require the State or the Joint
26 Venturers to do anything contrary to any laws
27 relating to native title or any lawful obligation or
28 requirement imposed on the State or the Joint
29 Venturers as the case may be pursuant to any laws
30 relating to native title; or
31 (iii) to exempt the Joint Venturers from compliance
32 with the provisions of the Aboriginal Heritage
33 Act 1972 (WA)."
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 (3) in Section 1.04 by:
2 (a) after the words "will be deemed" inserting the words "(as at
3 the commencement date and as at the variation date)"; and
4 (b) deleting "and in particular without limiting the generality of
5 the foregoing the Acts mentioned in Sections 1.05 to 1.08
6 inclusive shall be deemed to be amended to the extent
7 indicated therein";
8 (4) inserting after Section 1.05 the following new Section:
9 "SECTION 1.05A EP ACT Section 41 of the EP Act will
10 be deemed amended so that subsections (2) and (3) of that section do
11 not apply to decisions under or pursuant to this Agreement, the Mining
12 Act and the Mining Act 1978 relating to:
13 (a) the granting of the mining lease pursuant to Section 9.01; or
14 (b) for the avoidance of doubt, the renewal of the right of occupancy
15 pursuant to Section 3.06."
16 (5) deleting Section 1.06 (other than the heading) and substituting "Not
17 used.";
18 (6) deleting Section 1.07 (other than the heading) and substituting "Not
19 used.";
20 (7) deleting Section 1.08 (other than the heading) and substituting "Not
21 used.";
22 (8) deleting Section 2.01 (other than the heading) and substituting "Not
23 used.";
24 (9) deleting Section 2.02 (other than the heading) and substituting "Not
25 used.";
26 (10) deleting Section 3.01 and substituting the following:
27 "SECTION 3.01 INITIAL OBLIGATIONS OF THE STATE
28 (a) The State shall subject to paragraph (c) and the adequate
29 protection of the environment (including flora and fauna) and the
30 land affected (including improvements thereon) arrange for the
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 issue of requisite authority under any one or both of (as
2 determined by the State in its discretion):
3 (i) section 91 of the LAA; or
4 (ii) section 182 of the LAA,
5 to allow the Joint Venturers to enter upon Crown land (within the
6 meaning of the LAA and including, if applicable, land the subject
7 of a pastoral lease) to carry out all works to the extent reasonably
8 necessary for the purposes of undertaking their obligations under
9 Section 4.01 or to undertake investigations, studies and surveys
10 in furtherance of their proposed activities under this Agreement.
11 (b) For the purposes of subparagraph (ii) of paragraph (a),
12 section 182 of the LAA shall apply as if the activities under this
13 Agreement (including a significant modification, expansion or
14 other variation of them for which proposals are required pursuant
15 to this Agreement) are a proposed public work for which the
16 LAA Minister is under that section authorised to take interests in
17 land within the meaning of that section.
18 (c) The Joint Venturers acknowledge that they shall be responsible
19 for obtaining all consents of each person whose consent the LAA
20 Minister (acting with the concurrence of the Minister in respect
21 of any such Crown land the subject of a Government agreement)
22 requires for the grant of any requisite authority referred to in
23 paragraph (a) and in a form and substance acceptable to the LAA
24 Minister."
25 (11) in Section 3.09 deleting "mineral lease" and substituting "mining
26 lease";
27 (12) inserting after Section 3.09 the following new Section:
28 "SECTION 3.10 MINING TENEMENTS DEDICATED TO THIS
29 AGREEMENT
30 (a) On and from the variation date the Joint Venturers dedicate to
31 this Agreement the mining tenements listed in the Fifth Schedule
32 and such dedication will extend to any tenements granted by way
33 of conversion of or substitution for the above described
34 tenements as well as any renewals or extensions from time to
35 time.
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1 (b) The terms and conditions of the dedicated mining tenements and
2 the rights and obligations of the Joint Venturers under the Mining
3 Act 1978 and the general law of the State are only affected to the
4 extent required by the dedication in paragraph (a)."
5 (13) in Section 4.01 by:
6 (a) deleting Section 4.01 (other than the heading) and substituting
7 the following:
8 "The Joint Venturers shall continue their field and office
9 engineering, environmental, heritage, market and finance studies
10 and other matters necessary for the purposes of enabling them to
11 finalise and to submit to the Minister the detailed proposals
12 referred to in Clause V."; and
13 (b) in the heading, inserting an apostrophe after the word
14 "VENTURERS" and inserting the word "CONTINUING" before
15 the word "INVESTIGATIONS";
16 (14) deleting Section 4.02 (other than the heading) and substituting "Not
17 used.";
18 (15) deleting Section 4.03 (other than the heading) and substituting the
19 following:
20 "The Joint Venturers shall keep the State fully informed in writing at
21 annual intervals from the variation date (or such lesser interval
22 determined from time to time by the Minister) as to the progress and
23 results of its investigations under Section 4.01 and shall supply to the
24 State such information in relation thereto as the Minister may
25 reasonably request from time to time.";
26 (16) deleting Section 4.04 and substituting the following:
27 "SECTION 4.04 CONSULTATION WITH STATE The Joint
28 Venturers shall co-operate with the State and consult with the
29 representatives or officers of the State regarding matters referred to in
30 Sections 4.01 and 4.03 and any other relevant studies in relation to those
31 Sections that the Minister may wish the Joint Venturers to undertake."
32 (17) deleting Section 5.01 (other than the heading) and substituting "Not
33 used.";
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1 (18) deleting Section 5.02 (other than the heading) and substituting the
2 following:
3 "The Joint Venturers shall, subject to the EP Act, the provisions of this
4 Agreement, grant of the Mining Lease, approval of a plan as referred to
5 in Section 7.04 and provision of a plan as referred to in Section 7.05,
6 submit to the Minister on or before 31 December 2032 to the fullest
7 extent reasonably practicable their detailed proposals (herein referred
8 to as "the said proposals") (which shall include (where practicable)
9 appropriate plans and (where reasonably required by the Minister)
10 appropriate specifications and any other details normally required by a
11 local government for a large scale mining project in whose area any
12 works are to be situated) in respect of the production of not less than 30
13 million tonnes of iron ore per annum for transportation from the Mining
14 Lease and the transport and shipment of iron ore produced (whether as
15 an initial development or as an expansion of a development the subject
16 of proposals approved under Section 6A.02), which proposals shall be
17 in substance consistent with the information provided by the Joint
18 Venturers in support of their application for the Mining Lease under
19 Section 9.01 (unless otherwise approved by the Minister) and include
20 the location, area, layout, design, materials and time program for the
21 commencement and completion of the construction or the provision (as
22 the case may be) of each of the following matters:
23 (a) the mining and recovery of iron ore including mining, crushing,
24 screening, handling, transport and storage or iron ore and plant
25 facilities and any beneficiation or further processing of iron ore
26 proposed to be carried out;
27 (b) transportation of iron ore from the Mining Lease (by road,
28 railway, rail spur line or conveyor connecting to a railway
29 constructed and operated under an Integration Agreement) to the
30 loading port for shipping;
31 (c) temporary accommodation and ancillary facilities for the mine
32 construction workforce on or in the vicinity of the Mining Lease
33 and housing or other appropriate accommodation and facilities
34 elsewhere for the Joint Venturers' workforce;
35 (d) storage and ship loading of iron ore;
36 (e) water supply and disposal;
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1 (f) roads within the Mining Lease and roads serving the Mining
2 Lease;
3 (g) energy supplies;
4 (h) mine aerodrome on or in the vicinity of the Mining Lease and
5 any other aerodrome facilities and services;
6 (i) any ancillary leases, licenses, easements or other titles to land
7 (not being exploration licences or retention licences) required
8 from the State;
9 (j) disposal of waste materials;
10 (k) drainage;
11 (l) dust control measures;
12 (m) any other works, services or facilities proposed or required by the
13 Joint Venturers; and
14 (n) use of local labour, professional services, manufacturers,
15 suppliers, contractors and materials and measures to be taken
16 with respect to the engagement and training of employees by the
17 Joint Venturers, their agents and contractors."
18 (19) in Section 5.03 deleting "(m) of Section 5.02" and substituting "(n) of
19 Section 5.02";
20 (20) in Section 5.04 by:
21 (a) after the words "approval of the Minister" inserting the words
22 "(except in relation to an Integration Agreement)"; and
23 (b) before each occurrence of the words "facilities" inserting the
24 words "works installations or";
25 (21) deleting Section 5.05 (other than the heading) and substituting the
26 following:
27 "At the time when the Joint Venturers submit the last of the said
28 proposals pursuant to this Clause, they shall furnish to the Minister's
29 reasonable satisfaction evidence of:
30 (a) marketing arrangements demonstrating the Joint Venturers'
31 ability to sell iron ore and iron ore products produced in
32 accordance with the said proposals;
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1 (b) the financial capacity of the Joint Venturers to undertake the
2 operations to which the said proposals refer; and
3 (c) the readiness of the Joint Venturers to embark upon and proceed
4 to carry out the operations referred to in the said proposals."
5 (22) deleting Section 5.06 (other than the heading) and substituting "Not
6 used.";
7 (23) in Section 6.01 by:
8 (a) after the words "the Minister may" in the first sentence inserting
9 the words "subject to the EP Act";
10 (b) in paragraph (a) by:
11 (i) deleting "(m)" and substituting "(n)"; and
12 (ii) inserting before the semi colon the words "or until such
13 time as Section 5.05 has been complied with"; and
14 (c) deleting the full stop at the end of paragraph (c) and substituting
15 "; or" followed by the following new paragraphs:
16 "(d) subject to the limitations set out below, refuse to approve
17 the proposal (whether it requests the grant of new tenure
18 or not) if the Minister is satisfied on reasonable grounds
19 that it is not in the public interest for the proposal to be
20 approved,
21 PROVIDED ALWAYS that where implementation of any
22 proposals hereunder has been approved pursuant to the EP
23 Act subject to conditions or procedures, any approval or
24 decision of the Minister under this Clause shall if the case
25 so requires incorporate a requirement that the Joint
26 Venturers make such alterations to the proposals as may
27 be necessary to make them accord with those conditions or
28 procedures.
29 In considering whether to refuse to approve a proposal the
30 Minister is to assess whether or not the implementation of
31 the proposal by itself, or together with any one or more of
32 the other submitted proposals, will:
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1 (i) detrimentally affect economic and orderly
2 development in the said State, including without
3 limitation, infrastructure development in the said
4 State; or
5 (ii) be contrary to or inconsistent with the planning and
6 development policies and objectives of the State; or
7 (iii) detrimentally affect the rights and interests of third
8 parties; or
9 (iv) detrimentally affect access to and use by others of
10 the lands the subject of any grant or proposed grant
11 to the Joint Venturers.
12 The right to refuse to approve a proposal conferred by
13 paragraph (d) may only be exercised in respect of a
14 proposal where the Minister is satisfied on reasonable
15 grounds that a purpose of the proposal is the integrated use
16 of works installations or facilities (as defined in
17 paragraph (g) of Section 9A.03 for the purpose of that
18 Section) as contemplated by Section 9A.03. It may not be
19 so exercised in respect of a proposal if pursuant to
20 Section 7.03(e) the Minister, prior to the submission of the
21 proposal, advised the Joint Venturers in writing that the
22 Minister has no public interest concerns (as defined in that
23 Section) with the single preferred development (as
24 referred to in Section 7.03(e)(i)) the subject of the
25 submitted proposals and those proposals are consistent (as
26 to their substantive scope and content) with the
27 information provided to the Minister pursuant to
28 Section 7.03(e) in respect of that single preferred
29 development."
30 (24) deleting Section 6.02 (other than the heading) and substituting the
31 following:
32 "The Minister shall within two (2) months after receipt of proposals
33 pursuant to Section 5.02 give notice to the Joint Venturers of his
34 decision in respect to the proposals, PROVIDED THAT:
35 (a) where a proposal is to be assessed under Part IV of the EP Act
36 the Minister shall only give notice to the Joint Venturers of his
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1 decision in respect to the proposal within two (2) months after
2 service on him of an authority under section 45(12) of the EP
3 Act; and
4 (b) the Minister shall not consider a purported proposal or proposals
5 (as the case may be) if the Minister is of the opinion that the
6 purported proposal or proposals does not or do not (as the case
7 may be) comply with Clause V or other provisions of this
8 Agreement that apply to the purported proposal or proposals and
9 in such circumstances:
10 (i) Section 6.01 and this Section (other than this paragraph (b)
11 shall not apply to the purported proposal or proposals;
12 (ii) subject to this Agreement, the Minister shall afford the
13 Joint Venturers full opportunity to consult with him
14 (including disclosure of written reasons for his opinion)
15 and should they so desire to submit a new or revised
16 proposal or proposals either generally or in respect to some
17 particular matter; and
18 (iii) the Minister's opinion is not subject to arbitration
19 hereunder.
20 (c) Nothing in this Agreement prevents the Joint Venturers
21 providing the Minister with a particular proposal or proposals in
22 draft form and requesting that the Minister provide his or her
23 view as to whether, if submitted under Section 5.02,
24 Section 6.02(b) may apply to that proposal or proposals
25 PROVIDED ALWAYS that in considering the draft proposal or
26 proposals it is in the Minister's discretion whether to form or not
27 form a view on the draft proposal or proposals and in that regard
28 relevant considerations for not forming a view may include that
29 the Joint Venturers have developed the draft proposal or
30 proposals without consulting with, or taking into account
31 comments of, the department from time to time principally
32 assisting the Minister in the administration of this Agreement.
33 (d) If the Minister decides to form a view on the Joint Venturers'
34 draft proposal or proposals for the purpose referred to in
35 paragraph (c), the Minister will within three (3) months of
36 receiving the request (or if the Minister requests further
37 information, within three (3) months of provision of that
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1 information) provide to the Joint Venturers his or her view on the
2 application of Section 6.02(b) and provide reasons if the Minister
3 considers Section 6.02(b) may apply.
4 (e) If the Minister decides not to form a view on the Joint Venturers'
5 draft proposal or proposals for the purpose referred to in
6 paragraph (c), the Minister will within three (3) months of
7 receiving the request (or if the Minister requests further
8 information, within three (3) months of provision of that
9 information) advise the Joint Venturers accordingly and shall
10 provide reasons to the extent he or she considers appropriate.
11 (f) The Minister's view and any reasons provided under
12 paragraph (d) or decision not to form a view on the Joint
13 Venturers' draft proposal or proposals (including reasons in that
14 regard) are not subject to arbitration hereunder.
15 (g) Subject to paragraph (h), if, within six (6) months of the Minister
16 providing views under paragraph (d), the Joint Venturers submit
17 a proposal or proposals under Section 5.02 in materially the same
18 form and substance as the draft proposal or proposals provided
19 under paragraph (c) or as altered to address any reasons provided
20 under paragraph (d) (as the case may be), Section 6.02(b) will not
21 apply to such proposal or proposals.
22 (h) Notwithstanding paragraph (g), the Minister may form the
23 opinion under Section 6.02(b) that the proposal or proposals
24 referred to in paragraph (g) does not or do not (as the case may
25 be) comply with Clause V or other applicable provisions of this
26 Agreement for reasons including a change in circumstances
27 affecting or relevant to the proposal or proposals.
28 (i) Subject to paragraph (g), a decision by the Minister to form or
29 not form a view on the draft proposal or proposals provided by
30 the Joint Venturers for the purpose referred to in paragraph (c)
31 shall not in any way limit, prejudice or otherwise affect the
32 exercise by the Minister of the Minister's powers, or the
33 performance of the Minister's obligations, under this Agreement
34 or otherwise under the laws from time to time of the said State."
35 (25) in Section 6.03 deleting "(a) or (c)" and substituting "(a), (c) or (d)";
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Iron Ore Agreements Legislation Amendment Bill 2024
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1 (26) in Section 6.04 by:
2 (i) deleting "paragraph" and substituting "paragraph (a) or";
3 and
4 (ii) inserting after the full stop the sentence "Any
5 requirement of the Minister pursuant to the proviso to
6 Section 6.01 and any decision of the Minister under
7 paragraph (d) of Section 6.01 shall not be referrable to
8 arbitration hereunder.";
9 (27) in Section 6.06 by:
10 (a) in paragraph (a) after the words "condition precedent" inserting
11 the words "or Minister's decision to defer consideration";
12 (b) in paragraph (b) by:
13 (i) deleting "that the condition precedent is unreasonable" and
14 substituting "in favour of the Joint Venturers"; and
15 (ii) inserting before the full stop the words "unless determined
16 otherwise by the arbitrator";
17 (28) deleting Section 6.07 and substituting the following new Sections:
18 "SECTION 6.07 EFFECT OF NON-APPROVAL OF SAID
19 PROPOSALS Notwithstanding that under Section 6.01 any proposals
20 of the Joint Venturers are approved by the Minister or determined by
21 arbitration award, unless each and every such proposal and matter is so
22 approved or determined by 31 December 2033 (or if the date for
23 submission of proposals under Section 5.02 is extended pursuant to
24 Section 29.01 then by the date twelve (12) months after expiry of such
25 extension) then the Minister may give to the Joint Venturers twelve (12)
26 months notice of intention to determine this Agreement and unless
27 before the expiration of the said twelve (12) months period all the
28 detailed proposals and matters are so approved or determined this
29 Agreement shall cease and determine subject however to the provisions
30 of Clause XXVI.
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1 SECTION 6.08 IMPLEMENTATION OF APPROVED PROPOSALS
2 (a) The Joint Venturers shall implement the approved proposals in
3 accordance with the terms thereof.
4 (b) Notwithstanding Section 28.01, the Minister may during the
5 implementation of approved proposals approve variations to
6 those proposals."
7 (29) inserting after Section 6.08 the following new Clause:
8 "CLAUSE VIA
9 SECTION 6A.01 OPTIONAL INTERIM PROPOSALS
10 (a) Without limiting the obligation of the Joint Venturers under
11 Section 5.02, the Joint Venturers may with the prior approval of
12 the Minister and subject to the EP Act, the provisions of this
13 Agreement, grant of the Mining Lease, approval of a plan as
14 referred to in Section 7.04 and provision of a plan as referred to
15 in Section 7.05, submit to the Minister on or before
16 31 December 2030 to the fullest extent reasonably practicable
17 their detailed proposals (which shall include (where practicable)
18 appropriate plans and (where reasonably required by the
19 Minister) appropriate specifications and any other details
20 normally required by a local government for a large scale mining
21 project in whose area any works are to be situated) in respect of
22 the Interim Development, which proposals shall be in substance
23 consistent with the information provided by the Joint Venturers
24 in support of their application for the Mining Lease under
25 Section 9.01 (unless otherwise approved by the Minister) and
26 include the location, area, layout, design, materials and time
27 program for the commencement and completion of the
28 construction or the provision (as the case may be) of the matters
29 referred to in Section 5.02 as may be applicable to the
30 development.
31 (b) For the purposes of this Section "Interim Development" means a
32 development preparatory to or comprising part of the initial
33 development to be the subject of proposals under Section 5.02.
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1 SECTION 6A.02 CONSIDERATION OF OPTIONAL INTERIM
2 PROPOSALS The provisions of Clause VI (except for Section 6.07)
3 shall apply mutatis mutandis to proposals submitted under
4 Section 6A.01."
5 (30) deleting Section 7.01 (other than the heading) and substituting the
6 following:
7 "(a) Subject to Clause XXIII, if the Joint Venturers, at any time
8 during the continuance of this Agreement after the approval of
9 the said proposals, desire to significantly modify, expand or
10 otherwise vary their activities carried on pursuant to this
11 Agreement (other than under Section 9A.05 or Clause XXIII)
12 beyond those activities specified in any proposals approved
13 pursuant to Clause VI they shall give notice of such desire to the
14 Minister and within two (2) months thereafter shall submit to the
15 Minister detailed proposals in respect of all matters covered by
16 such notice and such of the other matters mentioned in
17 Section 5.02 as the Minister may require.
18 (b) A proposal may with the consent of the Minister (except in
19 relation to an Integration Agreement) and that of any parties
20 concerned (being in respect of an Integration Agreement the
21 Integration Proponent for that agreement) provide for the use by
22 the Joint Venturers of any works installations or facilities
23 constructed or established under a Government agreement.
24 (c) Each of the proposals pursuant to paragraph (a) may with the
25 approval of the Minister, or shall if so required by the Minister,
26 be submitted separately and in any order as to any matter or
27 matters in respect of which such proposals are required to be
28 submitted.
29 (d) At the time when the Joint Venturers submit the said proposals
30 they shall submit to the Minister details of any services
31 (including any elements of the project investigations, design and
32 management) and any works materials, plant, equipment and
33 supplies that they propose to consider obtaining from or having
34 carried out or permitting to be obtained from or carried out
35 outside Australia together with their reasons therefor and shall, if
36 required by the Minister, consult with the Minister with respect
37 thereto.
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1 (e) The Joint Venturers may withdraw their proposals pursuant to
2 paragraph (a) at any time before approval thereof, or where any
3 decision in respect thereof is referred to arbitration as referred to
4 in Section 7.02, within three (3) months after the award by notice
5 to the Minister that they shall not be proceeding with the same."
6 (31) deleting Section 7.02 and substituting the following:
7 "SECTION 7.02 CONSIDERATION OF JOINT VENTURERS'
8 PROPOSALS UNDER SECTION 7.01
9 (a) In respect of each proposal pursuant to paragraph (a) of
10 Section 7.01 the Minister shall:
11 (i) subject to the limitations set out below, refuse to approve
12 the proposal (whether it requests the grant of new tenure
13 or not) if the Minister is satisfied on reasonable grounds
14 that it is not in the public interest for the proposal to be
15 approved; or
16 (ii) approve of the proposal without qualification or
17 reservation; or
18 (iii) defer consideration of or decision upon the same until such
19 time as the Joint Venturers submit a further proposal or
20 proposals in respect of some other of the matters
21 mentioned in paragraph (a) of Section 7.01 not covered by
22 the said proposal; or
23 (iv) require as a condition precedent to the giving of his
24 approval to the said proposal that the Joint Venturers make
25 such alteration thereto or comply with such conditions in
26 respect thereto as he thinks reasonable, and in such a case
27 the Minister shall disclose his reasons for such conditions,
28 PROVIDED ALWAYS that:
29 (v) where implementation of any proposals hereunder has
30 been approved pursuant to the EP Act subject to conditions
31 or procedures, any approval or decision of the Minister
32 under this Section shall if the case so requires incorporate
33 a requirement that the Joint Venturers make such
34 alterations to the proposals as may be necessary to make
35 them accord with those conditions or procedures; and
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1 (vi) the Minister shall not consider a purported proposal or
2 proposals (as the case may be) if the Minister is of the
3 opinion that the purported proposal or proposals does not
4 or do not (as the case may be) comply with Section 7.01
5 or other provisions of this Agreement that apply to the
6 purported proposal or proposals and in such
7 circumstances:
8 (A) this Section (other than this paragraph (vi) shall not
9 apply to the purported proposal or proposals;
10 (B) subject to this Agreement, the Minister shall afford
11 the Joint Venturers full opportunity to consult with
12 him (including disclosure of written reasons for his
13 opinion) and should they so desire to submit a new
14 or revised proposal or proposals either generally or
15 in respect to some particular matter; and
16 (C) the Minister's opinion is not subject to arbitration
17 hereunder.
18 The provisions of paragraphs (c) to (i) of Section 6.02 shall apply
19 mutatis mutandis.
20 In considering whether to refuse to approve a proposal the
21 Minister is to assess whether or not the implementation of the
22 proposal by itself, or together with any one or more of the other
23 submitted proposals, will:
24 (A) detrimentally affect economic and orderly
25 development in the said State, including without
26 limitation, infrastructure development in the said
27 State; or
28 (B) be contrary to or inconsistent with the planning and
29 development policies and objectives of the State; or
30 (C) detrimentally affect the rights and interests of third
31 parties; or
32 (D) detrimentally affect access to and use by others of
33 the lands the subject of any grant or proposed grant
34 to the Joint Venturers.
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s. 9
1 The right to refuse to approve a proposal conferred by
2 paragraph (a) may only be exercised in respect of a proposal
3 where the Minister is satisfied on reasonable grounds that a
4 purpose of the proposal is the integrated use of works
5 installations or facilities (as defined in paragraph (g) of
6 Section 9A.03 for the purpose of that Section) as contemplated
7 by Section 9A.03. It may not be so exercised in respect of a
8 proposal if pursuant to Section 7.03(e) the Minister, prior to the
9 submission of the proposal, advised the Joint Venturers in writing
10 that the Minister has no public interest concerns (as defined in
11 that Section) with the single preferred development (as referred
12 to in Section 7.03(e)(i)) the subject of the submitted proposals
13 and those proposals are consistent (as to their substantive scope
14 and content) with the information provided to the Minister
15 pursuant to Section 7.03(e) in respect of that single preferred
16 development.
17 (b) The Minister shall within two (2) months after receipt of
18 proposals pursuant to Section 7.01 give notice to the Joint
19 Venturers of his decision in respect to the proposals, PROVIDED
20 THAT where a proposal is to be assessed under Part IV of the EP
21 Act the Minister shall only give notice to the Joint Venturers of
22 his decision in respect to the proposal within two (2) months after
23 service on him of an authority under section 45(12) of the EP
24 Act.
25 (c) If the decision of the Minister is as mentioned in either of
26 subparagraphs (i), (iii) or (iv) of paragraph (a) the Minister shall
27 afford the Joint Venturers full opportunity to consult with him
28 and should they so desire to submit new or revised proposals
29 either generally or in respect to some particular matter.
30 (d) If the decision of the Minister is as mentioned in either of
31 subparagraphs (iii) or (iv) of paragraph (a) and the Joint
32 Venturers consider that the decision is unreasonable the Joint
33 Venturers within two (2) months after receipt of the notice
34 mentioned in paragraph (b) may elect to refer to arbitration in the
35 manner hereinafter provided the question of the reasonableness
36 of the decision PROVIDED THAT any requirement of the
37 Minister pursuant to the proviso to paragraph (a) shall not be
38 referrable to arbitration hereunder. A decision of the Minister
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Iron Ore Agreements Legislation Amendment Bill 2024
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1 under subparagraph (i) of paragraph (a) shall not be referrable to
2 arbitration under this Agreement.
3 (e) If by the award made on the arbitration pursuant to paragraph (d)
4 the dispute is decided in favour of the Joint Venturers the
5 decision shall take effect as a notice by the Minister that he is so
6 satisfied with and approves the matter or matters the subject of
7 the arbitration.
8 (f) The Joint Venturers shall implement the approved proposals in
9 accordance with the terms thereof.
10 (g) Notwithstanding Section 28.01, the Minister may during the
11 implementation of approved proposals approve variations to
12 those proposals."
13 (32) deleting Section 7.03 and substituting the following:
14 "SECTION 7.03 NOTIFICATION OF POSSIBLE PROPOSALS
15 (a) If the Joint Venturers, upon completion of a pre-feasibility study
16 in respect of any matter that would require the submission and
17 approval of proposals pursuant to this Agreement (being
18 proposals which will have as their purpose, or one of their
19 purposes, the integrated use of works installations or facilities as
20 contemplated by Section 9A.03) for the matter to be undertaken,
21 intends to further consider the matter with a view to possibly
22 submitting such proposals they shall promptly notify the Minister
23 in writing giving reasonable particulars of the relevant matter.
24 (b) Within one (1) month after receiving the notification the Minister
25 may, if the Minister so wishes, inform the Joint Venturers of the
26 Minister's views of the matter at that stage.
27 (c) If the Joint Venturers are informed of the Minister's views, they
28 shall take them into account in deciding whether or not to
29 proceed with their consideration of the matter and the submission
30 of proposals.
31 (d) Neither the Minister's response nor the Minister choosing not to
32 respond shall in any way limit, prejudice or otherwise affect the
33 exercise by the Minister of the Minister's powers, or the
34 performance of the Minister's obligations, under this Agreement
35 or otherwise under the laws from time to time of the said State.
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Iron Ore Agreements Legislation Amendment Bill 2024
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1 (e) (i) This paragraph (e) applies where the Joint Venturers have
2 settled upon a single preferred development a purpose
3 of which is the integrated use of works installations or
4 facilities (as defined in paragraph (g) of Section 9A.03
5 for the purpose of that Section) as contemplated by
6 Section 9A.03.
7 (ii) For the purpose of this paragraph (e) "public interest
8 concerns" means any concern that implementation of the
9 single preferred development or any part of it will:
10 (A) detrimentally affect economic and orderly
11 development in the said State, including without
12 limitation, infrastructure development in the said
13 State; or
14 (B) be contrary to or inconsistent with the planning and
15 development policies and objectives of the State; or
16 (C) detrimentally affect the rights and interests of third
17 parties; or
18 (D) detrimentally affect access to and use by others of
19 lands the subject of any grant or proposed grant to
20 the Joint Venturers.
21 (iii) At any time prior to submission of proposals the Joint
22 Venturers may give to the Minister notice of their single
23 preferred development and request the Minister to confirm
24 that the Minister has no public interest concerns with that
25 single preferred development.
26 (iv) The Joint Venturers shall furnish to the Minister with their
27 notice reasonable particulars of the single preferred
28 development including, without limitation:
29 (A) as to the matters that would be required to be
30 addressed in submitted proposals; and
31 (B) their progress in undertaking any feasibility or other
32 studies or matters to be completed before
33 submission of proposals; and
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1 (C) their timetable for obtaining required statutory and
2 other approvals in relation to the submission and
3 approval of proposals; and
4 (D) their tenure requirements.
5 (v) If so required by the Minister, the Joint Venturers will provide to
6 the Minister such further information regarding the single
7 preferred development as the Minister may require from
8 time to time for the purpose of considering the Joint
9 Venturers request and also consult with the Minister or
10 representatives or officers of the State in regard to the
11 single preferred development.
12 (vi) Within two (2) months after receiving the notice (or if the
13 Minister requests further information, within two (2)
14 months after the provision of that information) the
15 Minister must advise the Joint Venturers:
16 (A) that the Minister has no public interest concerns
17 with the single preferred development; or
18 (B) that he is not then in a position to advise that he has
19 no public interest concerns with the single preferred
20 development and the Minister's reasons in that
21 regard.
22 (vii) If the Minister gives the advice mentioned in
23 subparagraph (vi)(B) the Joint Venturers may, should they
24 so desire, give a further request to the Minister in respect
25 of a revised or alternate single preferred development and
26 the provisions of this paragraph shall apply mutatis
27 mutandis thereto."
28 (33) inserting after Section 7.03 the following new Sections:
29 "SECTION 7.04 COMMUNITY DEVELOPMENT PLAN
30 (a) In this Section, the term "community and social benefits"
31 includes:
32 (i) assistance with skills development and training
33 opportunities to promote work readiness and employment
34 for persons living in the Pilbara region of the said State;
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1 (ii) regional development activities in the Pilbara region of the
2 said State, including partnerships and sponsorships;
3 (iii) contribution to any community projects, town services or
4 facilities; and
5 (iv) a regionally based workforce.
6 (b) The Joint Venturers acknowledge the need for community and
7 social benefits flowing from this Agreement.
8 (c) The Joint Venturers agree that:
9 (i) they shall prepare a plan which describes the Joint
10 Venturers' proposed strategies for achieving community
11 and social benefits in connection with their activities under
12 this Agreement; and
13 (ii) the Joint Venturers shall, not later than six (6) months after
14 the variation date, submit to the Minister the plan prepared
15 under subparagraph (c)(i) and confer with the Minister in
16 respect of the plan.
17 (d) The Minister shall within two (2) months after receipt of a plan
18 submitted under subparagraph (c)(ii), either notify the Joint
19 Venturers that the Minister approves the plan as submitted or
20 notify the Joint Venturers of changes which the Minister requires
21 be made to the plan. If the Joint Venturers are unwilling to accept
22 the changes which the Minister requires they shall notify the
23 Minister to that effect and either party may refer to arbitration
24 hereunder the question of the reasonableness of the changes
25 required by the Minister.
26 (e) The effect of an award made on an arbitration pursuant to
27 paragraph (d) shall be that the relevant plan submitted by the
28 Joint Venturers pursuant to subparagraph (c)(ii) shall, with such
29 changes required by the Minister under paragraph (d) as the
30 arbitrator determines to be reasonable (with or without
31 modification by the arbitrator), be deemed to be the plan
32 approved by the Minister under this Section.
33 (f) At least three (3) months before the anticipated submission of
34 proposals relating to a proposed development pursuant to any of
35 Clauses V, VIA and VII, Section 9A.05 and Clause XXIII, the
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1 Joint Venturers must, unless the Minister otherwise requires,
2 give to the Minister information about how the proposed
3 development may affect the plan approved or deemed to be
4 approved by the Minister under this Section. This obligation
5 operates in relation to all proposals submitted on or after the date
6 that is four (4) months after the date when a plan is first approved
7 or deemed to be approved under this Section.
8 (g) The Joint Venturers shall at least annually report to the Minister
9 about the Joint Venturers' implementation of the plan approved
10 or deemed to be approved by the Minister under this Section.
11 (h) At the request of either of them made at any time and from time
12 to time, the Minister and the Joint Venturers shall confer as to
13 any amendments desired to any plan approved or deemed to be
14 approved by the Minister under this Section and may agree to
15 amendment of the plan or adoption of a new plan. Any such
16 amended plan or new plan will be deemed to be the plan
17 approved by the Minister under this Section in respect of the
18 development to which it relates.
19 (i) During the currency of this Agreement, the Joint Venturers shall
20 implement the plan approved or deemed to be approved by the
21 Minister under this Section.
22 (j) The Joint Venturers shall promptly provide to the State a
23 summary of each plan approved or deemed to be approved in a
24 form reasonably required by the State (which summary shall be
25 published by or on behalf of the Joint Venturers).
26 SECTION 7.05 LOCAL PARTICIPATION PLAN
27 (a) In this Section, the term "local industry participation benefits"
28 means:
29 (i) the use and training of labour available within the said
30 State;
31 (ii) the use of the services of engineers, surveyors, architects
32 and other professional consultants, experts, specialists,
33 project managers and contractors available within the said
34 State; and
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1 (iii) the procurement of works, materials, plant, equipment and
2 supplies from Western Australian suppliers,
3 manufacturers and contractors.
4 (b) The Joint Venturers acknowledge the need for local industry
5 participation benefits flowing from this Agreement.
6 (c) The Joint Venturers agree that they shall, not later than six (6)
7 months after the variation date, prepare and provide to the
8 Minister a plan which contains:
9 (i) a clear statement on the strategies which the Joint
10 Venturers will use, and require a third party as referred to
11 in paragraph (g) to use, to maximise the uses and
12 procurement referred to in paragraph (a);
13 (ii) detailed information on the procurement practices the Joint
14 Venturers will adopt, and require a third party as referred
15 to in paragraph (g) to adopt, in calling for tenders and
16 letting contracts for works, materials, plant, equipment and
17 supplies in relation to a proposed development and how
18 such practices will provide fair and reasonable opportunity
19 for suitably qualified Western Australian suppliers,
20 manufacturers and contractors to tender or quote for
21 works, materials, plant, equipment and supplies;
22 (iii) detailed information on the methods the Joint Venturers
23 will use, and require a third party as referred to in
24 paragraph (g) to use, to have its respective procurement
25 officers promptly introduced to Western Australian
26 suppliers, manufacturers and contractors seeking such
27 introduction; and
28 (iv) details of the communication strategies the Joint Venturers
29 will use, and require a third party as referred to in
30 paragraph (g) to use, to alert Western Australian
31 engineers, surveyors, architects and other professional
32 consultants, experts, specialists, project managers and
33 consultants and Western Australian suppliers,
34 manufacturers and contractors to services opportunities
35 and procurement opportunities respectively as referred to
36 in paragraph (a).
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1 It is acknowledged by the Joint Venturers that the strategies
2 of the Joint Venturers referred to in subparagraph (c)(i) will
3 include strategies of the Joint Venturers in relation to supply
4 of services, labour, works, materials, plant, equipment or
5 supplies for the purposes of this Agreement.
6 (d) At the request of either of them made at any time and from time
7 to time, the Minister and the Joint Venturers shall confer as to
8 any amendments desired to any plan provided under this Section
9 and may agree to the amendment of the plan or the provision of
10 a new plan in substitution for the one previously provided.
11 (e) At least six (6) months before the anticipated submission of
12 proposals relating to a proposed development pursuant to any of
13 Clauses V, VIA and VII, Section 9A.05 and Clause XXIII, the
14 Joint Venturers must, unless the Minister otherwise requires,
15 give to the Minister information about the implementation of the
16 plan provided under this Section in relation to the proposed
17 development. This obligation operates in relation to all proposals
18 submitted on or after the date that is seven (7) months after the
19 date when a plan is first provided under this Section.
20 (f) During the currency of this Agreement the Joint Venturers shall
21 implement the plan provided under this Section.
22 (g) The Joint Venturers shall:
23 (i) in every contract entered into with a third party where the
24 third party has an obligation or right to procure the supply
25 of services, labour, works, materials, plant, equipment or
26 supplies for or in connection with a proposed
27 development, ensure that the contract contains appropriate
28 provisions requiring the third party to undertake
29 procurement activities in accordance with the plan
30 provided under this Section; and
31 (ii) use reasonable endeavours to ensure that the third party
32 complies with those provisions.
33 (h) The Joint Venturers shall promptly provide to the State a
34 summary of each plan provided under this Section in a form
35 reasonably required by the State (which summary shall be
36 published by or on behalf of the Joint Venturers)."
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1 (34) in Section 8.01 by:
2 (a) in paragraph (a) inserting before the semi colon the words "(other
3 than as contemplated by paragraph (c) of that Section)";
4 (b) deleting paragraph (c) (other than the paragraph number) and
5 substituting "Not Used."; and
6 (c) in paragraph (d) deleting "three (3)" and substituting "six (6)";
7 (35) deleting Section 9.01 and substituting the following:
8 "SECTION 9.01 MINING LEASE The Joint Venturers may at
9 any time and before the date that is two (2) years from the variation date
10 (or thereafter within such period as extended by the Minister pursuant
11 to Section 29.01) apply to the Minister for a mining lease for the whole
12 of the land comprised in the mining areas as is then subject to the right
13 of occupancy, the Surrendered Land and the mining tenements listed in
14 the Fifth Schedule (and any tenements granted by way of conversion of
15 or substitution for those tenements as well as any renewals or extensions
16 of them that at the time the application is made the Joint Venturers are
17 registered holders) and such application shall be supported by the
18 following information:
19 (a) proposed overall plan for development of the mining lease
20 (including location of mines, mining sequence strategy and time
21 frames for development);
22 (b) proposed mining and processing methodology and supporting
23 significant works, installations or facilities and areas proposed to
24 be used for such infrastructure;
25 (c) details of all resources reported in accordance with The JORC
26 Code;
27 and the Minister may within two (2) months after receipt of the
28 application under this Section 9.01 request:
29 (d) any other information required under the Mining Act 1978 in
30 support of an application for a mining lease that is required by
31 the Minister (after consulting the Minister for Mines); and
32 (e) any other information required by the Minister.
33 Provided that the Minister is satisfied that the information supporting
34 the Joint Venturers' application is sufficient, the State shall subject to
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1 the conditions and provisions set out in the paragraphs below and
2 insofar as is permitted by laws relating to native title cause to be granted
3 to the Joint Venturers a mining lease in the form set out in the Schedule
4 to this Agreement for the mining of iron ore from the land identified in
5 the application upon the surrender of the right of occupancy and the
6 relevant mining tenements:
7 (a) the mining lease may be in respect of one or more pieces of land
8 whether contiguous or not provided that the total area of the land
9 the subject thereof will not exceed one thousand, one hundred
10 and sixty-seven (1,167) square kilometres;
11 (b) the boundaries of each piece of land comprising such area will be
12 so located as to form a rectangle or as near thereto as is
13 practicable;
14 (c) the rental payable in respect of the mining lease shall be that
15 prescribed from time to time under the Mining Act 1978
16 otherwise than under regulation 28A;
17 (d) the Joint Venturers will therein covenant to pay to the State in
18 addition to the said rent the royalties fixed in Section 21.01;
19 (e) the mining lease may be granted before the area leased has been
20 surveyed but in that case shall be granted subject to the condition
21 that the area leased shall be surveyed by the Joint Venturers at
22 their expense in accordance with the Mining Act 1978 except that
23 the Minister will determine any disputes or objections and shall
24 accord with that survey;
25 (f) subject to the due payment by the Joint Venturers of the said rent
26 and royalties and to the due performance and observance by them
27 of their other obligations thereunder and of their obligations
28 under this Agreement and the Mining Act 1978 the term thereof
29 will be twenty one (21) years as from the date of the granting
30 thereof but the Joint Venturers will during the continuance of this
31 Agreement have the right to take three (3) successive renewals
32 of the said term each for a period of twenty one (21) years upon
33 the same terms and conditions as the previous term and to apply
34 to the Minister for one (1) further renewal at the Minister's
35 discretion for a period up to twenty one (21) years upon such
36 terms and conditions as the Minister for Mines determines
37 subject to the sooner determination of the said term upon the
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1 cessation or determination of this Agreement. The said right will
2 be exercisable by the Joint Venturers making written application
3 to the Minister for any such renewal not later than twelve (12)
4 months before the expiration of the current term of the Mining
5 Lease;
6 (g) from and after Year 14 the Joint Venturers, in addition to the
7 rental already referred to in paragraph (c), shall pay to the State
8 an additional rental in respect of the Mining Lease equal to 25
9 cents per tonne on all iron ore in respect of which royalty is
10 payable under Section 21.01, such additional rental to be paid in
11 respect of the same periods and at the same times as such royalty
12 is payable;
13 (h) the Commissioner of Main Roads (in consultation with the
14 Minister and the Minister for Mines) shall pursuant to this
15 paragraph determine prior to the grant of the mining lease and
16 from time to time thereafter terms and conditions relating to the
17 GNH Portion (including, as a consequence of the Joint
18 Venturers' planned or proposed activities hereunder, requiring
19 the Joint Venturers to enter into an agreement with the
20 Commissioner of Main Roads relating to relevant matters
21 including the modification, replacement and relocation of any
22 affected portion or section of Great Northern Highway and
23 associated infrastructure and equipment at the cost of the Joint
24 Venturers and otherwise on terms reasonably required by the
25 Commissioner of Main Roads);
26 (i) the Joint Venturers shall carry out their operations on the mining
27 lease in accordance with this Agreement and approved proposals
28 hereunder, the terms and conditions of the mining lease
29 (including such conditions not inconsistent with this Agreement
30 as determined and endorsed thereon by the Minister for Mines
31 from time to time), the terms and conditions determined from
32 time to time by the Commissioner of Main Roads (in consultation
33 with the Minister and the Minister for Mines) in relation to the
34 GNH Portion and any other applicable requirements that are not
35 inconsistent with the terms of this Agreement;
36 (j) the provisions of the Mining Act 1978 are deemed modified to
37 prohibit any application for a mining tenement being made in
38 respect of the Surrendered Land prior to the grant of the mining
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1 lease and to the extent any application for a mining tenement in
2 respect of such land is made by a person (other than the Joint
3 Venturers) prior to the variation date such pending application
4 (other than miscellaneous licence application L 47/1151) is by
5 this paragraph terminated on the variation date and no action,
6 claim or demand lies against the State, the Minister or any other
7 person in respect of any matter or thing arising from the
8 termination of the pending application under this paragraph;
9 (k) the provisions of the Mining Act 1978 which, but for this
10 paragraph, entitle or would entitle a person to object with or
11 without the leave of the warden to the grant of the mining lease
12 to the Joint Venturers, shall not apply to the extent only that those
13 provisions entitle or would entitle a person to so object;
14 (l) the mining lease on grant, amendment or renewal will be taken
15 to be, and to always have been, valid and effective to the same
16 extent as it would have been if the requirements under this
17 Agreement and the Mining Act 1978 for its grant, amendment or
18 renewal had been complied with;
19 (m) section 118A of the Mining Act 1978 does not apply to the
20 Mining Lease; and
21 (n) subject to paragraphs (a) to (m) inclusive of this Section and as
22 in this Agreement otherwise provided all relevant provisions of
23 the Mining Act 1978 and the Regulations thereunder will apply
24 subject to contrary express and implied provisions of this
25 Agreement (and for the avoidance of doubt the Joint Venturers
26 will not be required to submit any mining proposals, mine closure
27 plans, programmes of works or other authorising documents
28 under the Mining Act 1978 in respect of their activities upon the
29 Mining Lease)."
30 (36) deleting Section 9.02 (other than the heading) and substituting "Not
31 used.";
32 (37) in Section 9.03 by:
33 (a) deleting "(e)" and substituting "(f)";
34 (b) after the words "Section 9.01" inserting the words "and the
35 Mining Act 1978";
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1 (c) after the words "due and has" inserting the word "not";
2 (d) before "surrender" inserting the words "with the prior consent of
3 the Minister"; and
4 (e) deleting "mineral lease" and substituting "Mining Lease provided
5 however that such portion or portions have been rehabilitated in
6 accordance with the EP Act, the approved mine closure plan, the
7 terms and conditions of the Mining Lease and any other
8 applicable requirements, unless the Minister otherwise allows";
9 (38) deleting Section 9.04 (other than the heading) and substituting "Not
10 used.";
11 (39) deleting Section 9.05 and substituting the following:
12 "SECTION 9.05 STONE, SAND, CLAY AND GRAVEL The Joint
13 Venturers in accordance with approved proposals may for the
14 construction of works (and the maintenance thereof) for the purposes of
15 this Agreement and without payment of royalty, obtain stone sand clay
16 and gravel from the Mining Lease."
17 (40) deleting Section 9.06 (other than the heading) and substituting "Not
18 used.";
19 (41) in Section 9.07 by deleting "MINERAL LEASE" in the heading and
20 substituting "MINING LEASE" and deleting "mineral lease" in the
21 Section and substituting "Mining Lease";
22 (42) deleting Section 9.08 (other than the heading) and substituting "Not
23 used.";
24 (43) inserting after Section 9.08 the following new Sections:
25 "SECTION 9.09 COMPLIANCE WITH LAWS RELATING TO
26 NATIVE TITLE
27 The provisions of this Section shall not operate so as to require the State
28 to grant or vary, or cause to be granted or varied, any lease, licence or
29 other right or title until all processes necessary under laws relating to
30 native title to enable that grant or variation to proceed, have been
31 completed.
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s. 9
1 SECTION 9.10 EXEMPTION FROM EXPENDITURE CONDITIONS
2 The State shall ensure that during the currency of this Agreement and
3 subject to compliance with its obligations hereunder the Joint Venturers
4 shall not be required to comply with the expenditure conditions
5 imposed by or under the Mining Act 1978 in regard to the Mining
6 Lease.
7 "SECTION 9.11 MINING LEASE REPORTS AND
8 INFORMATION The Joint Venturers shall lodge with or provide to
9 the Department in respect of the Mining Lease:
10 (a) such periodical reports and returns as may be prescribed or
11 otherwise usually required (including by the imposition of
12 conditions or other requirements) in respect of a mining lease
13 under or pursuant to the Mining Act 1978 or the regulations made
14 thereunder, unless the Minister for Mines allows otherwise;
15 (b) if requested by the Department but not more frequently than
16 annually, a report on identified mineral resources and/or iron ore
17 reserves within the Mining Lease (prepared in accordance with
18 The JORC Code) together with a list of any geological,
19 geochemical, geophysical, geotechnical and metallurgical
20 activities carried out during the year and, if requested by the
21 Department, the Joint Venturers will provide details and results
22 of any of those activities in a mineral exploration report or other
23 technical report, in accordance with statutory guidelines on
24 reporting as specified under the Mining Act 1978;
25 (c) reports on drilling operations and drill holes where the main
26 purposes of the drilling was to discover or define future mineral
27 resources and ore reserves within the Mining Lease and, if
28 requested by the Department, reports on drilling done within
29 blocks of proven ore for the purpose of mine planning; and
30 (d) notification to the Department of any intention to destroy or
31 dispose of drill cores obtained from the Mining Lease and, if
32 requested by the Department, such drill cores.
33 SECTION 9.12 CONTINUED EXPLORATION
34 (a) The Joint Venturers shall progressively explore and carry out
35 reasonable geological investigations to delineate the Inferred
36 Mineral Resource (as defined in The JORC Code) of iron ore
37 within the Mining Lease to support timely development of that
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1 resource and provide notice to the Department each anniversary
2 of the grant of the Mining Lease of their proposed exploration
3 works programme for that reporting year and the exploration
4 works undertaken during the preceding reporting year as part of
5 a report lodged under Section 9.11.
6 (b) In considering each application by the Joint Venturers for the
7 renewal of the term of the Mining Lease, the Minister for Mines
8 shall consult with the Minister and have regard to the Joint
9 Venturers' compliance with paragraph (a) in respect of the
10 Mining Lease and the results of the geological investigations
11 carried out on it.
12 (c) (i) Without limiting paragraph (f) of Section 9.01 or Clause
13 XXVI, at the time of considering each application by the
14 Joint Venturers for the renewal of the term of the Mining
15 Lease, the Minister for Mines may, taking into account the
16 types of circumstances where an exemption from
17 compliance with expenditure conditions would ordinarily
18 be granted under the Mining Act 1978 and any other
19 relevant matters (including any prior concerns notified by
20 the Minister for Mines and the Department in relation to
21 the Joint Venturers' compliance with paragraph (a) in
22 respect of the Mining Lease) and after consulting the Joint
23 Venturers and with the concurrence of the Minister,
24 determine that the Joint Venturers have not complied with
25 their obligation under paragraph (a) in respect of an area
26 or areas and have not provided reasonable explanation in
27 that regard, in which case, subject to the matter being
28 referred to arbitration by the Joint Venturers under
29 Section 32.01 and the award in the matter being adjudged
30 in favour of the Joint Venturers, the Joint Venturers shall
31 within two (2) months of being notified of that
32 determination provide the Minister for Mines with an
33 exploration programme in respect of the area or areas
34 identified in the notice for approval by the Minister for
35 Mines and implementation by the Joint Venturers.
36 (ii) If the Joint Venturers fail to:
37 (A) provide an exploration programme to the Minister
38 for Mines or to have the programme approved; or
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Iron Ore Agreements Legislation Amendment Bill 2024
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1 (B) implement the approved exploration programme to
2 the reasonable satisfaction of the Minister for Mines
3 (acting with the concurrence of the Minister),
4 the Minister for Mines shall notify the Joint Venturers and,
5 subject to the matter being referred to arbitration and the
6 award being adjudged in favour of the Joint Venturers, on
7 the date one (1) month after such notification or the date
8 of an award in favour of the Minister for Mines the area or
9 areas identified in the notice or by the award (as the case
10 may be) will be deemed surrendered from the Mining
11 Lease and exempted from mining under section 19 of the
12 Mining Act 1978 pending the Minister for Mines
13 determining how and when to deal with the exempted land
14 pursuant to that section.
15 SECTION 9.13 MRF ACT On and from the variation
16 date, the right of occupancy, the Mining Lease and any other mining
17 tenements granted pursuant to this Agreement shall be deemed to be a
18 mining authorisation for the purposes of the MRF Act and the
19 regulations made under that Act. For the avoidance of doubt, the
20 mining tenements referred to in Section 3.10 continue to be mining
21 authorisations for the purposes of the MRF Act notwithstanding their
22 dedication to the Agreement.
23 SECTION 9AA.01 OTHER MINING TENEMENTS
24 (a) Notwithstanding anything contained or implied in this
25 Agreement or in the Mining Lease or the Mining Act 1978,
26 mining tenements may subject to the provisions of this Section
27 be granted to or registered in favour of persons other than the
28 Joint Venturers under the Mining Act 1978 in respect of the areas
29 the subject of the Mining Lease unless the Minister for Mines
30 determines that such grant or registration is likely unduly to
31 prejudice or interfere with the current or prospective operations
32 of the Joint Venturers hereunder with respect to iron ore,
33 assuming the taking by the Joint Venturers of reasonable steps to
34 avoid the prejudice or interference, or is likely unduly to reduce
35 the quantity of economically extractable iron ore available to the
36 Joint Venturers.
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1 (b) A mining tenement granted or registered as a result of this
2 Section shall not confer any right to mine or otherwise obtain
3 rights to iron ore on the tenement.
4 (c) (i) In respect of any application for a mining tenement made
5 under the Mining Act 1978 in respect of an area the subject
6 of the Mining Lease the Minister for Mines shall consult
7 with the Minister and the Joint Venturers with respect to
8 the significance of iron ore deposits in, on or under the
9 land the subject of the application and any effect the grant
10 of a mining tenement pursuant to such application might
11 have on the current or prospective iron ore operations of
12 the Joint Venturers under this Agreement.
13 (ii) Where the Minister for Mines, after taking into account
14 any matters raised by the Minister or the Joint Venturers
15 determines that the grant or registration of the application
16 is likely to have the effect on the operations of the Joint
17 Venturers or the iron ore referred to in paragraph (a) of this
18 Section, he shall notwithstanding any recommendation of
19 any mining registrar or warden, by notice served on the
20 mining registrar with whom the application was lodged,
21 refuse the application.
22 (iii) Before making a determination pursuant to
23 subparagraph (ii) of this paragraph (c) the Minister for
24 Mines may request the warden of the mineral field or
25 district thereof in which is situated the mining tenement
26 for which the application was made to hear the application
27 and any objections thereto and as soon as practicable after
28 the hearing of the application to report to the Minister for
29 Mines on the application and the objections and the effect
30 on the current or prospective operations of the Joint
31 Venturers or the quantity of economically extractable iron
32 ore that a grant of the application might have.
33 (d) (i) Except as provided in paragraph (c) of this Section no
34 mining registrar shall deal with an application for a mining
35 tenement in respect of an area the subject of the Mining
36 Lease unless and until the Minister for Mines has notified
37 them that it is not intended to refuse the application
38 pursuant to paragraph (c) of this Section. Following such
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Iron Ore Agreements Legislation Amendment Bill 2024
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1 advice to the mining registrar the application shall be
2 disposed of under and in accordance with the Mining
3 Act 1978 save that where the warden has heard the
4 application and objections thereto pursuant to
5 subparagraph (iii) of paragraph (c) of this Section, the
6 application may be dealt with by the warden without
7 further hearing.
8 (ii) The Joint Venturers may exercise in respect of any
9 application for a mining tenement lodged with a mining
10 registrar any right that it may have under the Mining
11 Act 1978 to object to the granting of the application.
12 (iii) Any mining tenement granted pursuant to such application
13 shall, in addition to any covenants and conditions that may
14 be prescribed or imposed, be granted subject to such
15 conditions as the Minister for Mines may determine
16 having regard to the matters the subject of the
17 consultations with the Minister and the Joint Venturers
18 pursuant to subparagraph (i) of paragraph (c) of this
19 Section and any matters raised by the Joint Venturers
20 before the warden pursuant to subparagraph (iii) of
21 paragraph (c) of this Section or to subparagraph (ii) of this
22 paragraph (d).
23 (e) (i) On the grant of any mining tenement pursuant to an
24 application to which this Section applies the land the
25 subject thereof shall thereupon be deemed excised from
26 the Mining Lease (with abatement of future rent in respect
27 of the area excised but without any abatement of rent
28 already paid or of rent which has become due and has not
29 been paid in advance).
30 (ii) On the expiration or sooner determination of any such
31 mining tenement or, if that tenement is a prospecting
32 licence, exploration licence or retention licence and a
33 substitute tenement is granted in respect thereof pursuant
34 to an application made under section 49 or section 67 or
35 section 70L of the Mining Act 1978, then on the expiration
36 or sooner determination of the substitute title the land the
37 subject of such mining tenement or substitute title as the
38 case may be shall thereupon be deemed to be part of the
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1 land in the Mining Lease (with appropriate adjustment of
2 rental) and unless the Minister otherwise directs shall be
3 subject to the terms and conditions of the Mining Lease
4 and this Agreement.
5 SECTION 9AB.01 MINE CLOSURE PLANNING
6 (a) The Joint Venturers shall, not later than twelve (12) months after
7 the approval of proposals under Clause VI or Clause VIA
8 (whichever is earlier), lodge with the State a mine closure plan
9 for, subject to the EP Act, approval by the Minister for Mines
10 (acting with the concurrence of the Minister) and on provision of
11 such approval:
12 (i) the mine closure plan shall be deemed to be a mine closure
13 plan within the meaning given to that term in the Mining
14 Act 1978 that, subject to this Section, is to be reviewed,
15 amended and implemented in accordance with that Act;
16 (ii) the Mining Lease shall be deemed to be subject to:
17 (A) a condition that the holder of the Mining Lease must
18 review the mine closure plan and obtain approval
19 for the reviewed mine closure plan in accordance
20 with this Section; and
21 (B) a condition that the holder of the Mining Lease must
22 decommission all mines (within the meaning given
23 to that term in the Mining Act 1978) from time to
24 time within the area of, and rehabilitate the land
25 within, the Mining Lease in accordance with the
26 approved mine closure plan from time to time.
27 (b) The Joint Venturers shall ensure that the mine closure plan
28 referred to in paragraph (a) of this Section is reviewed at the
29 times that a mine closure plan under the Mining Act 1978 is
30 required by that Act to be reviewed and otherwise at the times
31 determined from time to time by the Minister for Mines (acting
32 with the concurrence of the Minister).
33 (c) The Joint Venturers shall ensure that a reviewed mine closure
34 plan is within the applicable times under paragraph (b) of this
35 Section lodged with the State for approval, subject to the EP Act,
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1 by the Minister for Mines (acting with the concurrence of the
2 Minister).
3 (d) The Minister for Mines (acting with the concurrence of the
4 Minister) may approve the mine closure plan or a reviewed mine
5 closure plan as lodged or subject to such changes as required by
6 the Minister for Mines (acting with the concurrence of the
7 Minister). If the Joint Venturers are unwilling to accept the
8 changes required to be made, they shall notify the Minister to that
9 effect and either party may refer to arbitration hereunder the
10 question of the reasonableness of the changes and the effect of an
11 award made on arbitration shall be that the mine closure plan or
12 reviewed mine closure plan (as the case may be) lodged by the
13 Joint Venturers shall, with such changes as required by the
14 Minister for Mines (acting with the concurrence of the Minister)
15 as the arbitrator determines to be reasonable (with or without
16 modification by the arbitrator) be deemed to be the plan approved
17 by the Minister for Mines (acting with the concurrence of the
18 Minister) under this Section.
19 (e) Without limiting the Mining Act 1978, the Joint Venturers shall
20 implement the mine closure plan or reviewed mine closure plan
21 approved or deemed to be approved from time to time under
22 paragraph (d) of this Section.
23 (f) Without limiting the Mining Act 1978, the obligations set out in
24 paragraph (e) of this Section shall survive the cessation or
25 determination of this Agreement and the expiry or surrender of
26 the Mining Lease, in which case the Joint Venturers may enter
27 and re-enter the land that was the subject of the Mining Lease
28 with such agents, employees, vehicles, machinery and equipment
29 as may be necessary for the purpose of implementing the relevant
30 mine closure plan and complying with the relevant conditions.
31 SECTION 9A.01 ADDITIONAL AREAS
32 (a) Notwithstanding the provisions of the Mining Act 1978 the Joint
33 Venturers may from time to time during the currency of this
34 Agreement apply to the Minister for areas held by the Joint
35 Venturers or an associated company under a mining tenement
36 granted under the Mining Act 1978 to be included in the Mining
37 Lease but so that the total area of the Mining Lease, any land that
38 may be included in the Mining Lease pursuant to this Agreement
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1 and of any other mining lease granted under or pursuant to this
2 Agreement (as aggregated) shall not at any time exceed one
3 thousand, one hundred and sixty-seven (1,167) square
4 kilometres. The Minister shall confer with the Minister for
5 Mines in regard to any such application and if they approve the
6 application the Minister for Mines shall upon the surrender of the
7 relevant mining tenement include the area the subject thereof in
8 the relevant Mining Lease by endorsement subject to such of the
9 conditions of the surrendered mining tenement as the Minister
10 for Mines determines but otherwise subject to the same terms
11 covenants and conditions as apply to the Mining Lease (with such
12 apportionment of rents as is necessary) and notwithstanding that
13 the survey of such additional land has not been completed but
14 subject to correction to accord with the survey when completed
15 at the Joint Venturers' expense.
16 (b) The Minister may approve, upon application by the Joint
17 Venturers from time to time, for the total area referred to in
18 paragraph (a) to be increased up to a limit not exceeding one
19 thousand five hundred (1,500) square kilometres.
20 (c) The Joint Venturers shall not mine or carry out other activities
21 (other than exploration, bulk sampling and testing) on any area
22 or areas added to the Mining Lease pursuant to paragraph (a) of
23 this Section unless and until proposals with respect thereto are
24 approved or determined as contemplated by paragraph (d) of this
25 Section.
26 (d) If the Joint Venturers desire to commence mining of iron ore or
27 to carry out any other activities (other than as aforesaid) on the
28 said areas they shall give notice of such desire to the Minister and
29 shall within two (2) months of the date of such notice (or
30 thereafter within such extended time as the Minister may allow
31 as hereinafter provided) and subject to the provisions of this
32 Agreement submit to the Minister to the fullest extent reasonably
33 practicable their detailed proposals (which proposals shall
34 include plans where practicable and specifications where
35 reasonably required by the Minister) with respect to such mining
36 or other activities as additional proposals pursuant to
37 Section 7.01.
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1 SECTION 9A.02 BLENDING OF IRON ORE
2 (a) The Joint Venturers may blend iron ore mined from the Mining
3 Lease with any:
4 (i) iron ore mined from a mining tenement or other mining
5 title granted under, or pursuant to, an Integration
6 Agreement; or
7 (ii) iron ore mined from a Mining Act 1978 mining lease
8 located in, or proximate to, the Pilbara region of the said
9 State which is held by a Related Entity alone or with a third
10 party or parties (excluding any mining lease granted
11 pursuant to, or held under, a Government agreement); or
12 (iii) with the prior approval of the Minister, iron ore mined in,
13 or proximate to, the Pilbara region of the said State under
14 a Government agreement (excluding an Integration
15 Agreement); or
16 (iv) with the prior approval of the Minister, iron ore mined by
17 a third party from a Mining Act 1978 mining lease located
18 in, or proximate to, the Pilbara region of the said State
19 (excluding under a Government agreement) which has
20 been purchased by an Integration Proponent from the third
21 party.
22 (b) The authority given under paragraph (a) is subject to the Minister
23 being reasonably satisfied that there are in place adequate
24 systems and controls for the correct apportionment of the
25 quantities of iron ore being blended as between each of the
26 sources referred to in paragraph (a), which systems and controls
27 monitor production, processing, transportation, stockpiling and
28 shipping of all such iron ore. If at any time the Minister ceases
29 to be so satisfied he may, after consulting the Joint Venturers and
30 provided the Joint Venturers have not within three (3) months
31 after the commencement of such consultation addressed the
32 matters of concern to the Minister to his satisfaction, by notice in
33 writing to the Joint Venturers suspend the above authority in
34 respect of the relevant blending arrangements until he is again
35 satisfied in terms of this paragraph (b).
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1 (c) If any blending of iron ore occurs as contemplated by this
2 Section, then for the purposes of Sections 21.01 and 21.03, a
3 portion of the iron ore so blended being equal to the proportion
4 that the amount of iron ore from the Mining Lease used in the
5 admixture of iron ore bears to the total amount of iron ore so
6 blended, shall be deemed to be produced from the Mining Lease.
7 SECTION 9A.03 INTEGRATED USE OF WORKS
8 INSTALLATIONS OR FACILITIES UNDER
9 THE INTEGRATION AGREEMENTS
10 (a) Subject to paragraphs (b) to (g) of this Section and to the other
11 provisions of this Agreement, the Joint Venturers may during the
12 continuance of this Agreement:
13 (i) use any existing or new works installations or facilities
14 constructed or held:
15 (A) under this Agreement; or
16 (B) under any other Integration Agreement which are
17 made available for such use and during the
18 continuance of such Integration Agreement; or
19 (C) with the approval of the Minister, under a
20 Government agreement (excluding an Integration
21 Agreement) which are made available for such use
22 and during the continuance of that agreement,
23 (wholly or in part) in the activities of the Joint Venturers
24 carried on by them pursuant to this Agreement including,
25 without limitation, as part of those activities, transporting
26 by railway and shipping from a loading port and
27 undertaking any ancillary and incidental activities in doing
28 so (including, without limitation, blending permitted by
29 Section 9A.02) of:
30 (aa) iron ore mined from a Mining Act 1978 mining
31 lease located in, or proximate to, the Pilbara region
32 of the said State which is held by a Related Entity
33 alone or with a third party or parties (excluding any
34 mining lease granted pursuant to, or held under, a
35 Government agreement);
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1 (ab) with the prior approval of the Minister, iron ore
2 mined in, or proximate to, the Pilbara region of the
3 said State under a Government agreement
4 (excluding an Integration Agreement);
5 (ac) with the prior approval of the Minister, iron ore
6 mined by a third party from a Mining Act 1978
7 mining lease located in, or proximate to, the Pilbara
8 region of the said State (excluding under a
9 Government agreement) which has been purchased
10 by the Joint Venturers from the third party;
11 (ad) iron ore mined under an Integration Agreement;
12 (ii) make any existing or new works installations or facilities
13 constructed or held under this Agreement available for use
14 (wholly or partly) by another Integration Proponent during
15 the continuance of its Integration Agreement in the
16 activities of that Integration Proponent carried on by it
17 pursuant to its Integration Agreement including, without
18 limitation, as part of those activities, transporting by
19 railway and shipping from a loading port and undertaking
20 any ancillary and incidental activities in doing so
21 (including, without limitation, blending permitted by that
22 Integration Agreement) of:
23 (A) iron ore mined from a Mining Act 1978 mining
24 lease located in, or proximate to, the Pilbara region
25 of the said State which is held by a Related Entity
26 alone or with a third party or parties (excluding any
27 mining lease granted pursuant to, or held under, a
28 Government agreement);
29 (B) with the prior approval of the Minister (as defined
30 in that Integration Agreement), iron ore mined in, or
31 proximate to, the Pilbara region of the said State
32 under a Government agreement (excluding an
33 Integration Agreement);
34 (C) with prior approval of the Minister (as defined in
35 that Integration Agreement), iron ore mined by a
36 third party from a Mining Act 1978 mining lease
37 located in, or proximate to, the Pilbara region of the
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1 said State (excluding under a Government
2 agreement) which has been purchased by that
3 Integration Proponent from the third party;
4 (D) iron ore mined under an Integration Agreement;
5 (iii) make any existing or new works installations or
6 facilities constructed or held under this Agreement
7 available for use (wholly or partly) in connection with
8 operations under:
9 (A) a Mining Act 1978 mining lease located in, or
10 proximate to, the Pilbara region of the said State, for
11 iron ore, which is held by a Related Entity alone or
12 with a third party or parties (excluding any mining
13 lease granted pursuant to, or held under a
14 Government agreement); or
15 (B) with the approval of the Minister, a Government
16 agreement (other than an Integration Agreement)
17 for the mining of iron ore in, or proximate to, the
18 Pilbara region of the said State;
19 (iv) subject to paragraph (b) under this Agreement and for the
20 purpose of any use or making available for use referred to
21 in subparagraph (i), (ii) or (iii) connect any existing or new
22 works installations or facilities constructed or held under
23 this Agreement to any existing or new works installations
24 or facilities constructed or held under another Integration
25 Agreement;
26 (v) subject to paragraph (b) under this Agreement and for the
27 purpose of any use or making available for use referred to
28 in subparagraph (i), (ii) or (iii) or making of any
29 connection referred to in subparagraph (iv) construct new
30 works installations or facilities and expand modify or
31 otherwise vary any existing and new works installations or
32 facilities constructed or held under this Agreement;
33 (vi) allow a railway or rail spur line (not being a railway or rail
34 spur line constructed or held under an Integration
35 Agreement) to be connected to a railway or rail spur line
36 or other works installations or facilities constructed or held
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1 under this Agreement for the delivery of iron ore to an
2 Integration Proponent for transport by railway and
3 shipping from a loading port (together with any ancillary
4 and incidental activities in doing so) as part of its activities
5 under its Integration Agreement; and
6 (vii) allow an electricity transmission line (not being an
7 electricity transmission line constructed or held under an
8 Integration Agreement) to be connected to an electricity
9 transmission line constructed or held under this
10 Agreement for the supply of electricity permitted to be
11 made under an Integration Agreement.
12 (b) (i) A connection referred to in paragraph (a)(iv) or
13 construction, expansion, modification or other variation
14 referred to in paragraph (a)(v) by the Joint Venturers shall,
15 to the extent not already authorised under this Agreement
16 as at the variation date, be regarded as a significant
17 modification expansion or other variation of the Joint
18 Venturers' activities carried on by them pursuant to this
19 Agreement and may only be made in accordance with
20 proposals submitted and approved or determined under
21 this Agreement in accordance with Sections 7.01 and 7.02
22 or Section 9A.05 as the case may require and otherwise in
23 compliance with the provisions of this Agreement and the
24 laws from time to time of the said State. For the avoidance
25 of doubt, the parties acknowledge that any use or making
26 available for use contemplated by paragraph (a)(i), (a)(ii)
27 or (a)(iii) shall not otherwise than as required by this
28 paragraph (a) require the submission and approval of
29 further proposals under this Agreement.
30 (ii) The Joint Venturers shall not be entitled to:
31 (A) submit proposals to construct or to develop a port;
32 or
33 (B) generate and supply power, take and supply water
34 or dispose of water otherwise than in accordance
35 with the other Sections of this Agreement and
36 subject to any restrictions contained in those
37 Sections; or
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1 (C) without limiting subparagraphs (ii)(A) and (ii)(B)
2 submit proposals to construct or establish works
3 installations or facilities of a type, or to make
4 expansions, modifications or other variations of
5 works installations or facilities of a type, which in
6 the Minister's reasonable opinion this Agreement,
7 immediately before the variation date, did not
8 permit or contemplate the Joint Venturers
9 constructing, establishing or making as the case may
10 be otherwise than for integration use as
11 contemplated by paragraphs (a)(i), (a)(ii) or (a)(iii)
12 or as permitted by Section 9A.05; or
13 (D) submit proposals to make a connection as referred
14 to in paragraph (a)(iv) or a construction, expansion,
15 modification or other variation as referred to in
16 paragraph (a)(v) otherwise than on tenure granted
17 under or pursuant to this Agreement from time to
18 time or held pursuant to this Agreement from time
19 to time; or
20 (E) submit proposals to make a connection referred to
21 in paragraph (a)(iv), or a construction, expansion,
22 modification or other variation as referred to in
23 paragraph (v) for the purpose of use as
24 contemplated by paragraph (a)(iii)(A), if in the
25 reasonable opinion of the Minister the activity
26 which is the subject of the proposals would give to
27 the holder or holders of the relevant Mining
28 Act 1978 mining lease the benefit of rights or
29 powers granted to the Joint Venturers under this
30 Agreement, over and above the right of access to
31 and use of the relevant works, installations or
32 facilities; or
33 (F) submit proposals to make a connection as referred
34 to in paragraph (a)(iv) or a construction, expansion,
35 modification or other variation as referred to in
36 paragraph (a)(v) for the purpose of use as
37 contemplated by paragraph (a)(iii) and involving
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1 the grant of tenure without the prior approval of the
2 Minister; or
3 (G) submit proposals to assign, sublet, transfer or
4 dispose of any works installations or facilities
5 constructed or held under this Agreement or any
6 leases, licences, easements or other titles under or
7 pursuant to this Agreement for any purpose referred
8 to in this Section.
9 (iii) Notwithstanding the provisions of Sections 7.02 and
10 9A.05, the Minister may defer consideration of, or a
11 decision upon, a proposal submitted by the Joint Venturers
12 for a connection as referred to in paragraph (a)(iv) or a
13 construction, expansion, modification or other variation as
14 referred to in paragraph (a)(v) for the purpose of use or
15 making available for use as referred to in paragraphs(a)(i)
16 or (a)(ii) until relevant corresponding proposals under the
17 relevant Integration Agreement have been submitted and
18 those proposals can be approved under that Integration
19 Agreement concurrently with the Minister's approval
20 under this Agreement of the Joint Venturers' proposal.
21 (c) Any use or making available for use as referred to in
22 paragraph (a), or submission of proposals as referred to in
23 paragraph (b), in respect of a Related Entity shall be subject to
24 the Joint Venturers first confirming with the Minister that the
25 Minister is satisfied that the relevant company is a Related Entity.
26 (d) The Joint Venturers shall give the Minister prior written notice
27 of any significant change (other than a temporary one for
28 maintenance or to respond to an emergency) proposed in their
29 use, or in them making available for use, works, installations or
30 facilities as referred to in this Section:
31 (i) from that authorised under this Agreement immediately
32 before the variation date; and
33 (ii) subsequently from that previously notified to the Minister
34 under this paragraph,
35 as soon as practicable before such change occurs.
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1 The Joint Venturers shall also keep the Minister fully informed
2 with respect to any proposed connection as referred to in
3 paragraph (a)(vi) or (a)(vii) or request of them for such
4 connection to be allowed.
5 (e) Nothing in this Agreement shall be construed to:
6 (i) exempt another Integration Proponent from complying
7 with, or the application of, the provisions of its Integration
8 Agreement; or
9 (ii) restrict the Joint Venturers' rights under Section 25.04.
10 For the avoidance of doubt the approval of proposals under this
11 Agreement shall not be construed as authorising another
12 Integration Proponent to undertake any activities under this
13 Agreement or under another Integration Agreement.
14 (f) Nothing in this Section shall be construed to exempt the Joint
15 Venturers from complying with, or the application of, the other
16 provisions of this Agreement including, without limitation,
17 Section 25.04 and of relevant laws from time to time of the said
18 State.
19 (g) For the purpose of this Section "works installations or facilities"
20 means any:
21 (i) harbour or port works installations or facilities including,
22 without limitation, stockpiles, reclaimers, conveyors and
23 wharves;
24 (ii) railway or rail spur lines;
25 (iii) track structures and systems associated with the operation
26 and maintenance of a railway including, without
27 limitation, sidings, train control and signalling systems,
28 maintenance workshops and terminal yards;
29 (iv) train loading and unloading works installations or
30 facilities;
31 (v) conveyors;
32 (vi) private roads;
33 (vii) mine aerodrome and associated aerodrome works
34 installations and facilities;
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1 (viii) iron ore mining, crushing, screening, beneficiation or other
2 processing works installations or facilities;
3 (ix) mine administration buildings including, without
4 limitation, offices, workshops and medical facilities;
5 (x) borrow pits;
6 (xi) accommodation and ancillary facilities including, without
7 limitation, construction camps and in townsites
8 constructed pursuant to and held under any Integration
9 Agreement;
10 (xii) water, sewerage, electricity, gas and telecommunications
11 works installations and facilities including, without
12 limitation, pipelines, transmission lines and cables; and
13 (xiii) any other works installations or facilities approved of by
14 the Minister for the purpose of this Section.
15 SECTION 9A.04 TRANSFER OF RIGHTS TO SHARED
16 WORKS INSTALLATIONS OR FACILITIES
17 (a) For the purposes of this Section "Relevant Infrastructure" means
18 any works installations or facilities (as defined in
19 Section 9A.03):
20 (i) constructed or held under another Integration Agreement;
21 (ii) which the Joint Venturers are using in their activities
22 pursuant to this Agreement;
23 (iii) which the Minister is satisfied (after consulting with the
24 Joint Venturers and the Integration Proponent for that
25 other Integration Agreement):
26 (A) are no longer required by that other Integration
27 Proponent to carry on its activities pursuant to its
28 Integration Agreement because of the cessation of
29 the Integration Proponent's mining operations in
30 respect of which such Relevant Infrastructure was
31 constructed or held or because of any other reason
32 acceptable to the Minister; and
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1 (B) are required by the Joint Venturers to continue to
2 carry on their activities pursuant to this Agreement;
3 and
4 (iv) in respect of which that other Integration Proponent has
5 notified the Minister it consents to the Joint Venturers
6 submitting proposals as referred to in paragraph (b).
7 (b) The Joint Venturers may as an additional proposal pursuant to
8 Section 7.01 propose:
9 (i) that they be granted a lease licence or other title over the
10 Relevant Infrastructure pursuant to this Agreement subject
11 to and conditional upon the other Integration Proponent
12 surrendering wholly or in part (and upon such terms as the
13 Minister considers reasonable including any variation of
14 terms to address environmental issues) its lease licence or
15 other title over the Relevant Infrastructure; or
16 (ii) that the other Integration Proponent's lease licence or other
17 title (not being a mineral lease, mining lease or other right
18 to mine title granted under a Government agreement, the
19 Mining Act or the Mining Act 1978) to the Relevant
20 Infrastructure be transferred to this Agreement (to be held
21 by the Joint Venturers pursuant to this Agreement) with
22 such surrender of land from it and variations of its terms
23 as the Minister considers reasonable for that title to be held
24 under this Agreement including, without limitation, to
25 address environmental issues and outstanding obligations
26 of that other Integration Proponent under its Integration
27 Agreement in respect of that Relevant Infrastructure.
28 The provisions of Section 7.02 shall mutatis mutandis apply to
29 any such additional proposal. In addition the Joint Venturers
30 acknowledge that the Minister may require variations of the other
31 Integration Agreement and/or proposals under it or of this
32 Agreement in order to give effect to the matters contemplated by
33 this Section.
34 (c) This Section shall cease to apply in the event the State gives any
35 notice of default to the Joint Venturers pursuant to Section 26.01
36 and while such notice remains unsatisfied.
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1 SECTION 9A.05 MISCELLANEOUS LICENCES FOR
2 RAILWAYS
3 (a) In this Section subject to the context:
4 "Additional Infrastructure" means:
5 (i) Train Loading Infrastructure;
6 (ii) Train Unloading Infrastructure;
7 (iii) a conveyor, train unloading and other infrastructure
8 necessary for the transport of iron ore, freight goods or
9 other products from the Railway (directly or indirectly) to
10 port facilities within a loading port,
11 in each case located outside a Port;
12 "Lateral Access Roads" has the meaning given in
13 paragraph (c)(i)(D);
14 "Lateral Access Road Licence" means a miscellaneous licence
15 granted pursuant to paragraph (f)(i)(B) or paragraph (f)(ii) as the
16 case may be and according to the requirements of the context
17 describes the area of land from time to time the subject of that
18 licence;
19 "Port" means any port the subject of the Port Authorities
20 Act 1999 (WA) or the Shipping and Pilotage Act 1967 (WA);
21 "Private Roads" means Lateral Access Roads and the Joint
22 Venturers' access roads within a Railway Corridor;
23 "Rail Safety Act" means the Rail Safety National Law (WA)
24 Act 2015 (WA);
25 "Railway" means a standard gauge heavy haul railway or railway
26 spur line, located or to be located as the case may be in, or
27 proximate to, the Pilbara region of the said State (but outside the
28 boundaries of a Port) for the transport of iron ore, freight goods
29 and other products together with all railway track, associated
30 track structures including sidings, turning loops, over or under
31 track structures, supports (including supports for equipment or
32 items associated with the use of a railway) tunnels, bridges, train
33 control systems, signalling systems, switch and other gear,
34 communication systems, electric traction infrastructure,
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1 buildings (excluding office buildings, housing and freight
2 centres), workshops and associated plant, machinery and
3 equipment and including rolling stock maintenance facilities,
4 terminal yards, depots, culverts and weigh bridges which railway
5 is or is to be (as the case may be) the subject of approved
6 proposals under paragraph (d) and includes any expansion or
7 extension thereof outside a Port which is the subject of additional
8 proposals approved in accordance with paragraph (e);
9 "Railway Corridor" means, prior to the grant of a Special
10 Railway Licence, the land for the route of the Railway the subject
11 of that licence, access roads (other than Lateral Access Roads),
12 areas from which stone, sand, clay and gravel may be taken,
13 temporary accommodation facilities for the railway workforce,
14 water bores and Additional Infrastructure (if any) which is the
15 subject of a subsisting agreement pursuant to paragraph (c)(i) and
16 after the grant of the Special Railway Licence the land from time
17 to time the subject of that Special Railway Licence;
18 "Railway Operation" means the construction and operation under
19 this Agreement of the relevant Railway and associated access
20 roads and Additional Infrastructure (if any) within the relevant
21 Railway Corridor and of the associated Lateral Access Roads, in
22 accordance with approved proposals;
23 "Railway spur line" means a standard gauge heavy haul railway
24 spur line located or to be located in, or proximate to, the Pilbara
25 region of the said State (but outside a Port) connecting to a
26 Railway for the transport of iron ore, freight goods and other
27 products upon the Railway to (directly or indirectly) a loading
28 port;
29 "Railway Operation Date" means the date of the first carriage of
30 iron ore, freight goods or other products over the relevant
31 Railway (other than for construction or commissioning
32 purposes);
33 "Railway spur line Operation Date" means the date of the first
34 carriage of iron ore, freight goods or other products over the
35 relevant Railway spur line (other than for construction or
36 commissioning purposes);
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1 "Special Railway Licence" means the relevant miscellaneous
2 licence for railway and, if applicable, other purposes, granted to
3 the Joint Venturers pursuant to paragraph (f)(i)(A) as varied in
4 accordance with paragraph (f)(viii) or paragraph (f)(ix) and
5 according to the requirements of the context describes the area of
6 land from time to time the subject of that licence;
7 "Train Loading Infrastructure" means conveyors, stockpile areas,
8 blending and screening facilities, stackers, re-claimers and other
9 infrastructure reasonably required for the loading of iron ore,
10 freight goods or other products onto the relevant Railway for
11 transport (directly or indirectly) to a loading port; and
12 "Train Unloading Infrastructure" means train unloading
13 infrastructure reasonably required for the unloading of iron ore
14 from the Railway to be processed, or blended with other iron ore,
15 at processing or blending facilities in the vicinity of that train
16 unloading infrastructure and with the resulting iron ore products
17 then loaded on to the Railway for transport (directly or indirectly)
18 to a loading port.
19 Joint Venturers to obtain prior Ministerial in-principle approval
20 (b) (i) If the Joint Venturers wish, from time to time during the
21 continuance of this Agreement, to proceed under this
22 Section with a plan to develop a Railway they shall give
23 notice thereof to the Minister and furnish to the Minister
24 with that notice an outline of their plan.
25 (ii) The Minister shall within one (1) month of a notice under
26 subparagraph (i) advise the Joint Venturers whether or not
27 he approves in-principle the proposed plan. The Minister
28 shall afford the Joint Venturers full opportunity to consult
29 with him in respect of any decision of the Minister under
30 this subparagraph.
31 (iii) The Minister's in-principle approval in respect of a
32 proposed plan shall lapse if the Joint Venturers have not
33 submitted detailed proposals to the Minister in respect of
34 that plan in accordance with this Section within eighteen
35 (18) months of the Minister's in-principle approval.
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1 Railway Corridor
2 (c) (i) If the Minister gives in-principle approval to a plan of the
3 Joint Venturers to develop a Railway they shall consult
4 with the Minister to seek the agreement of the Minister as
5 to:
6 (A) where the Railway will begin and end; and
7 (B) a route for the Railway, access roads to be within
8 the Railway Corridor and the land required for that
9 route as well as Additional Infrastructure (if any)
10 including, without limitation, areas from which
11 stone, sand, clay and gravel may be taken,
12 temporary accommodation facilities for the railway
13 workforce and water bores; and
14 (C) in respect of Additional Infrastructure (if any) the
15 nature and capacity of such Additional
16 Infrastructure; and
17 (D) the routes of, and the land required for, roads
18 outside the Railway Corridor (and also outside a
19 Port) for access to it to construct the Railway (such
20 roads as agreed being "Lateral Access Roads").
21 In seeking such agreement, regard shall be had to
22 achieving a balance between engineering matters
23 including costs, the nature and use of any lands concerned
24 and interests therein and the costs of acquiring the land (all
25 of which shall be borne by the Joint Venturers). The
26 parties acknowledge the intention is for the Joint Venturers
27 to construct the Railway, the access roads for the
28 construction and maintenance of the Railway which are to
29 be within the Railway Corridor and the relevant Additional
30 Infrastructure (if any) along the centreline of the Railway
31 Corridor subject to changes in that alignment to the extent
32 necessary to avoid heritage, environmental or poor ground
33 conditions that are not identified during preliminary
34 investigation work, and recognise the width of the Railway
35 Corridor may need to vary along its route to accommodate
36 Additional Infrastructure (if any), access roads, areas from
37 which stone, sand, clay and gravel may be taken,
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1 temporary accommodation facilities for the railway
2 workforce and water bores. The provisions of
3 Section 32.01 shall not apply to this paragraph (c).
4 (ii) If the date by which the Joint Venturers must submit
5 detailed proposals under paragraph (d)(i) (as referred to in
6 paragraph (b)(iii) is extended or varied by the Minister
7 pursuant to Section 29.01, any agreement made pursuant
8 to subparagraph (i) before such date is extended or varied
9 shall unless the Minister notifies the Joint Venturers
10 otherwise be deemed to be at an end and neither party shall
11 have any claim against the other in respect of it.
12 (iii) The Joint Venturers acknowledges that they shall be
13 responsible for liaising with every title holder in respect of
14 the land affected and for obtaining in a form and substance
15 acceptable to the Minister all unconditional and
16 irrevocable consents of each such title holder to, and all
17 statutory consents required in respect of the land affected
18 for:
19 (A) the grant of the Special Railway Licence for the
20 construction, operation and maintenance within the
21 Railway Corridor of the Railway, access roads and
22 Additional Infrastructure (if any) to be within the
23 Railway Corridor; and
24 (B) the grant of Lateral Access Road Licences for the
25 construction, use and maintenance of Lateral
26 Access Roads over the routes for the Lateral Access
27 Roads agreed pursuant to subparagraph (i); and
28 (C) the inclusion of additional land in the Special
29 Railway Licence as referred to in paragraph (f)(viii)
30 or paragraph (f)(ix),
31 in accordance with this Section. For the purposes of this
32 paragraph (c)(iii), "title holder" means a management
33 body (as defined in the LAA) in respect of any part of the
34 affected land, a person who holds a mining, petroleum or
35 geothermal energy right (as defined in the LAA) in respect
36 of any part of the affected land, a person who holds a lease
37 or licence under the LAA in respect of any part of the
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1 affected land, a person who holds any other title granted
2 under or pursuant to a Government agreement in respect
3 of any part of the affected land, a person who holds a lease
4 or licence in respect of any part of the affected land under
5 any other Act applying in the said State and a person in
6 whom any part of the affected land is vested, immediately
7 before the provision of such consents to the Minister as
8 referred to in paragraph (d)(v)(B) (including as applying
9 pursuant to paragraph (e)(iv)).
10 Joint Venturers to submit proposals for Railway
11 (d) (i) The Joint Venturers shall, subject to the EP Act, the
12 provisions of this Agreement and agreement at that time
13 subsisting in respect of the matters required to be agreed
14 pursuant to paragraph (c)(i) submit to the Minister by the
15 latest date applying under paragraph (b)(iii) to the fullest
16 extent reasonably practicable their detailed proposals
17 (including plans where practicable and specifications
18 where reasonably required by the Minister and any other
19 details normally required by a local government in whose
20 area any works are to be situated) with respect to the
21 undertaking of the relevant Railway Operation, which
22 proposals shall include the location, area, layout, design,
23 materials and time program for the commencement and
24 completion of construction or the provision (as the case
25 may be) of each of the following matters namely:
26 (A) the Railway including fencing (if any) and crossing
27 places within the Railway Corridor;
28 (B) Additional Infrastructure (if any) within the
29 Railway Corridor;
30 (C) temporary accommodation and ancillary temporary
31 facilities for the railway workforce on, or in the
32 vicinity of, the Railway Corridor and housing and
33 other appropriate facilities elsewhere for the Joint
34 Venturers workforce;
35 (D) water supply;
36 (E) energy supplies;
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1 (F) access roads within the Railway Corridor and
2 Lateral Access Roads both along the routes for those
3 roads agreed between the Minister and the Joint
4 Venturers pursuant to paragraph (c)(i);
5 (G) any other works, services or facilities desired by the
6 Joint Venturers; and
7 (H) use of local labour, professional services,
8 manufacturers, suppliers contractors and materials
9 and measures to be taken with respect to the
10 engagement and training of employees by the Joint
11 Venturers, its agents and contractors.
12 (ii) Proposals pursuant to subparagraph (i) must specify the
13 matters agreed for the purpose pursuant to paragraph (c)(i)
14 and must not be contrary to or inconsistent with such
15 agreed matters.
16 (iii) Each of the proposals pursuant to subparagraph (i) may
17 with the approval of the Minister, or must if so required by
18 the Minister, be submitted separately and in any order as
19 to the matter or matters mentioned in one or more of
20 subparagraph (i)(A) to (H) and until all of its proposals
21 under this subparagraph have been approved the Joint
22 Venturers may withdraw and may resubmit any proposal
23 but the withdrawal of any proposal shall not affect the
24 obligations of the Joint Venturers to submit a proposal
25 under this subparagraph in respect of the subject matter of
26 the withdrawn proposal.
27 (iv) The Joint Venturers shall, whenever any of the following
28 matters referred to in this subparagraph are proposed by
29 the Joint Venturers (whether before or during the
30 submission of proposals under this subparagraph), submit
31 to the Minister details of any services (including any
32 elements of the project investigations, design and
33 management) and any works, materials, plant, equipment
34 and supplies that they proposes to consider obtaining from
35 or having carried out or permitting to be obtained from or
36 carried out outside Australia, together with its reasons
37 therefor and shall, if required by the Minister consult with
38 the Minister with respect thereto.
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1 (v) At the time when the Joint Venturers submit the last of the
2 said proposals pursuant to this paragraph, they shall:
3 (A) furnish to the Minister's reasonable satisfaction
4 evidence of all accreditations under the Rail Safety
5 Act which are required to be held by the Joint
6 Venturers or any other person for the construction
7 of the Railway; and
8 (B) furnish to the Minister the written consents referred
9 to in paragraphs(c)(iii)(A) and (c)(iii)(B).
10 (vi) The provisions of Section 7.02 shall apply mutatis
11 mutandis to detailed proposals submitted under this
12 subparagraph.
13 Additional Railway Proposals
14 (e) (i) If the Joint Venturers at any time during the currency of a
15 Special Railway Licence desire to construct a Railway
16 spur line (connecting to the Railway the subject of that
17 Special Railway Licence) or desire to significantly
18 modify, expand or otherwise vary their activities within
19 the land the subject of the Special Railway Licence that are
20 the subject of this Agreement and that may be carried on
21 by them pursuant to this Agreement (other than by the
22 construction of a Railway spur line) beyond those
23 activities specified in any approved proposals for that
24 Railway, they shall give notice of such desire to the
25 Minister and furnish to the Minister with that notice an
26 outline of their proposals in respect thereto (including,
27 without limitation, such matters mentioned in
28 paragraph (d)(i) as are relevant or as the Minister
29 otherwise requires).
30 (ii) If the notice relates to a Railway spur line, or to the
31 construction of Train Loading Infrastructure or Train
32 Unloading Infrastructure on land outside the then Railway
33 Corridor, the Minister shall within one (1) month of receipt
34 of such notice advise the Joint Venturers whether or not he
35 approves in-principle the proposed construction of such
36 spur line, Train Loading Infrastructure or Train Unloading
37 Infrastructure. If the Minister gives in-principle approval
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1 the Joint Venturers may (but not otherwise) submit
2 detailed proposals in respect thereof provided that the
3 provisions of paragraph (c) shall mutatis mutandis apply
4 prior to submission of detailed proposals in respect
5 thereof.
6 (iii) Subject to the EP Act, the provisions of this Agreement
7 and agreement at that time subsisting in respect of any
8 matters required to be agreed pursuant to paragraph (c)(i)
9 (as referred to in subparagraph (ii) above), the Joint
10 Venturers shall submit to the Minister within a reasonable
11 timeframe, as determined by the Minister after receipt of
12 the notice referred to in subparagraph (i) (or in the case of
13 a notice referred to in subparagraph (ii) the giving of the
14 Minister's in principle consent as referred to in that
15 paragraph), detailed proposals in respect of the proposed
16 construction of such Railway spur line, Train Loading
17 Infrastructure, Train Unloading Infrastructure or other
18 proposed modification, expansion or variation of their
19 activities including such of the matters mentioned in
20 paragraph (d)(i) as the Minister may require.
21 (iv) The provisions of paragraph (d) (with the date for
22 submission of proposals being read as the date or time
23 determined by the Minister under subparagraph (iii) above
24 and the reference in paragraph (d)(iii)(B) to
25 paragraph (c)(iii)(A) being read as a reference to
26 paragraph (c)(iii)(C)) and of Section 7.02 shall mutatis
27 mutandis apply to detailed proposals submitted pursuant
28 to this paragraph.
29 Grant of Tenure
30 (f) (i) On application made by the Joint Venturers to the Minister
31 in such manner as the Minister may determine, not later
32 than three (3) months after all their proposals submitted
33 pursuant to paragraph (d)(i)(A) have been approved or
34 deemed to be approved and the Joint Venturers have
35 complied with the provisions of paragraph (d)(v), the State
36 notwithstanding the Mining Act 1978 shall cause to be
37 granted to the Joint Venturers:
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1 (A) a miscellaneous licence to conduct within the
2 Railway Corridor and in accordance with its
3 approved proposals all activities (including the
4 taking of stone, sand, clay and gravel, the provision
5 of temporary accommodation facilities for the
6 railway workforce and, subject to the Rights in
7 Water and Irrigation Act 1914 (WA), the operation
8 of water bores) necessary for the planning, design,
9 construction, commissioning, operation and
10 maintenance within the Railway Corridor of the
11 Railway, access roads and Additional Infrastructure
12 (if any) ("the Special Railway Licence") such
13 licence to be granted under and subject to, except as
14 otherwise provided in this Agreement, the Mining
15 Act 1978 in the form of the Second Schedule hereto
16 and subject to such terms and conditions as the
17 Minister for Mines may from time to time consider
18 reasonable and at a rental calculated in accordance
19 with the Mining Act 1978:
20 (aa) prior to the Railway Operation Date, as if the
21 width of the Railway Corridor were 100
22 metres; and
23 (ab) on and from the Railway Operation Date, at
24 the rentals from time to time prescribed under
25 the Mining Act 1978; and
26 (B) a miscellaneous licence or licences to allow the
27 construction, use and maintenance of Lateral
28 Access Roads within the routes agreed for those
29 Lateral Access Roads under paragraph (c)(i) (each a
30 "Lateral Access Road Licence"), each such licence
31 to be granted under and subject to, except as
32 otherwise provided in this Agreement, the Mining
33 Act 1978 in the form of the Third Schedule hereto
34 and subject to such terms and conditions as the
35 Minister for Mines may from time to time consider
36 reasonable and at the rentals from time to time
37 prescribed under the Mining Act 1978.
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1 (ii) On application made by the Joint Venturers to the Minister
2 in such manner as the Minister may determine, not later
3 than three (3) months after their proposals submitted
4 pursuant to paragraph (e)(i) for the construction of Lateral
5 Access Roads for access to the Railway Corridor to
6 construct a Railway spur line have been approved or
7 deemed to be approved and the Joint Venturers have
8 complied with the provisions of paragraph (d)(v) (as
9 applying pursuant to paragraph (e)(iv)), the State
10 notwithstanding the Mining Act 1978 shall cause to be
11 granted to the Joint Venturers a miscellaneous licence or
12 licences to allow the construction, use and maintenance of
13 Lateral Access Roads within the routes agreed for those
14 Lateral Access Roads under paragraph (c)(i) (as applying
15 pursuant to paragraph (e)(ii)) (each a "Lateral Access
16 Road Licence"), each such licence to be granted under and
17 subject to, except as otherwise provided in this Agreement,
18 the Mining Act 1978 in the form of the Fourth Schedule
19 hereto and subject to such terms and conditions as the
20 Minister for Mines may from time to time consider
21 reasonable and at the rentals from time to time prescribed
22 under the Mining Act 1978.
23 (iii) Notwithstanding the Mining Act 1978, the term of the
24 Special Railway Licence shall, subject to the sooner
25 determination thereof on the cessation or sooner
26 determination of this Agreement, be for a period of fifty
27 (50) years commencing on the date of grant thereof.
28 (iv) Notwithstanding the Mining Act 1978, the term of any
29 Lateral Access Road Licence shall, subject to the sooner
30 determination thereof on the cessation or sooner
31 determination of this Agreement, be for a period of four
32 (4) years commencing on the date of grant thereof.
33 (v) Notwithstanding the Mining Act 1978, and except as
34 required to do so by the terms of the Special Railway
35 Licence, the Joint Venturers shall not be entitled to
36 surrender the Special Railway Licence or any Lateral
37 Access Road Licence or any part or parts of them without
38 the prior consent of the Minister.
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1 (vi) (A) The Joint Venturers may in accordance with
2 approved proposals take stone, sand, clay and gravel
3 from the Railway Corridor for the construction,
4 operation and maintenance of the Railway
5 constructed within or approved for construction
6 within the Railway Corridor.
7 (B) Notwithstanding the Mining Act 1978 no royalty
8 shall be payable under the Mining Act 1978 in
9 respect of stone, sand, clay and gravel which the
10 Joint Venturers are permitted by subparagraph (A)
11 to obtain from the land the subject of the Special
12 Railway Licence.
13 (vii) For the purposes of this Agreement and without limiting
14 the operation of subparagraphs (i) to (vi) inclusive above,
15 the application of the Mining Act 1978 and the regulations
16 made thereunder are specifically modified;
17 (A) in section 91(1) by:
18 (aa) deleting "the mining registrar or the warden,
19 in accordance with section 42 (as read with
20 section 92)" and substituting "the Minister";
21 (ab) deleting "any person" and substituting "the
22 Joint Venturers (as defined in the agreement
23 authorised by and as scheduled to the Iron
24 Ore (Rhodes Ridge) Agreement
25 Authorisation Act 1972, as from time to time
26 added to, varied or amended)";
27 (ac) deleting "for any one or more of the purposes
28 prescribed" and substituting "for the purpose
29 specified in Section 9A.05(f)(i)(A),
30 9A.05(f)(i)(B) and 9A.05(f)(ii) of the
31 agreement authorised by and as scheduled to
32 the Iron Ore (Rhodes Ridge) Agreement
33 Authorisation Act 1972, as from time to time
34 added to, varied or amended";
35 (B) in section 91(3)(a), by deleting "prescribed form"
36 and substituting "form required by the agreement
37 authorised by and as and scheduled to the Iron Ore
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1 (Rhodes Ridge) Agreement Authorisation Act 1972,
2 as from time to time added to, varied or amended";
3 (C) by deleting sections 91(6), 91(9), 91(10) and 91B;
4 (D) in section 92, by deleting "Sections 41, 42, 44, 46,
5 46A, 47 and 52 apply," and inserting "Section 46A
6 (excluding in subsection (2)(a) "the mining
7 registrar, the warden or") applies," and by deleting
8 "in those provisions" and inserting "in that
9 provision";
10 (E) by deleting the full stop at the end of the
11 section 94(1) and inserting, "except to the extent
12 otherwise provided in, or to the extent that such
13 terms and conditions are inconsistent with, the
14 agreement authorised by and as scheduled to the
15 Iron Ore (Rhodes Ridge) Agreement Authorisation
16 Act 1972, as from time to time added to, varied or
17 amended";
18 (F) by deleting sections 94(2), (3) and (4);
19 (G) in section 96(1), by inserting after "miscellaneous
20 licence" the words "(not being a miscellaneous
21 licence granted pursuant to the agreement
22 authorised by and as scheduled to the Iron Ore
23 (Rhodes Ridge) Agreement Authorisation Act 1972,
24 as from time to time added to, varied or amended";
25 (H) by deleting mining regulations 37(2), 37(3), 42 and
26 42A; and
27 (I) by inserting at the beginning of mining
28 regulations 41(c) and (f) the words "subject to the
29 Agreement authorised by and as scheduled to the
30 Iron Ore (Rhodes Ridge) Agreement Authorisation
31 Act 1972, as from time to time added to, varied or
32 amended".
33 (viii) If additional proposals are approved in accordance with
34 paragraph (e) for the construction of a Railway spur line
35 outside the then Railway Corridor, the Minister for Mines
36 shall include the area of land within which such
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1 construction is to occur in the Special Railway Licence by
2 endorsement. The area of such land may be included
3 notwithstanding that the survey of the land has not been
4 completed but subject to correction to accord with the
5 survey when completed at the Joint Venturers' expense.
6 (ix) If additional proposals are approved in accordance with
7 paragraph (e) for the construction of Train Loading
8 Infrastructure or Train Unloading Infrastructure outside
9 the then Railway Corridor, the Minister for Mines shall
10 include the area of such land within which such
11 infrastructure is approved for construction in the Special
12 Railway Licence by endorsement. The area of such land
13 may be included notwithstanding that the survey of the
14 land has not been completed but subject to correction to
15 accord with the survey when completed at the Joint
16 Venturers' expense.
17 (x) The provisions of this subparagraph shall not operate so as
18 to require the State to cause a Special Railway Licence or
19 a Lateral Access Road Licence to be granted or any land
20 included in the Special Railway Licence as mentioned
21 above until all processes necessary under any laws relating
22 to native title to enable that grant or inclusion of land to
23 proceed, have been completed.
24 Construction and operation of Railway
25 (g) (i) Subject to and in accordance with approved proposals, the
26 Rail Safety Act and the grant of the relevant Special
27 Railway Licence and any associated Lateral Access Road
28 Licences the Joint Venturers shall in a proper and
29 workmanlike manner and in accordance with recognised
30 standards for railways of a similar nature operating under
31 similar conditions construct the Railway and associated
32 Additional Infrastructure and access roads within the
33 Railway Corridor and shall also construct inter alia any
34 necessary sidings, crossing points, bridges, signalling
35 switches and other works and appurtenances and provide
36 for crossings and (where appropriate and required by the
37 Minister) grade separation or other protective devices
38 including flashing lights and boom gates at places where
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1 the Railway crosses or intersects with major roads or
2 existing railways.
3 (ii) The Joint Venturers shall while the holders of a Special
4 Railway Licence:
5 (A) keep the Railway the subject of that licence in an
6 operable state; and
7 (B) ensure that the Railway the subject of that licence is
8 operated in a safe and proper manner in compliance
9 with all applicable laws from time to time; and
10 (C) without limiting subparagraph (ii)(B) ensure that
11 the obligations imposed under the Rail Safety Act
12 on a 'rail infrastructure manager' and 'rail transport
13 operator' (as those terms are therein defined) are
14 complied with in connection with the Railway the
15 subject of that licence.
16 Nothing in this Agreement shall be construed to exempt
17 the Joint Venturers or any other person from compliance
18 with the Rail Safety Act or limit its application to the Joint
19 Venturers' operations generally (except as otherwise may
20 be provided in that Act or regulations made under it).
21 (iii) The Joint Venturers shall provide crossings for livestock
22 and also for any roads, other railways, conveyors,
23 pipelines and other utilities which exist at the date of grant
24 of the relevant Special Railway Licence or in respect of
25 land subsequently included in it at the date of such
26 inclusion.
27 (iv) Subject to Section 9A.04, the Joint Venturers shall at all
28 times be the holder of Special Railway Licences and
29 Lateral Access Road Licences granted pursuant to this
30 Section and (without limiting Section 25.08 but subject to
31 Section 9A.04) shall at all times own manage and control
32 the use of each Railway the subject of a Special Railway
33 Licence held by the Joint Venturers.
34 (v) The Joint Venturers shall not be entitled to exclusive
35 possession of the land the subject of a Special Railway
36 Licence or Lateral Access Road Licence granted pursuant
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1 to this Section to the intent that the State, the Minister, the
2 Minister for Mines and any persons authorised by any of
3 them from time to time shall be entitled to enter upon the
4 land or any part of it at all reasonable times and on
5 reasonable notice with all necessary vehicles, plant and
6 equipment and for purposes related to this Agreement or
7 such other purposes as they think fit but in doing so shall
8 be subject to the reasonable directions of the Joint
9 Venturers so as not to unreasonably interfere with the Joint
10 Venturers' operations.
11 (vi) The Joint Venturers ownership of a Railway constructed
12 pursuant to this Section shall not give it an interest in the
13 land underlying it.
14 (vii) The Joint Venturers shall not at any time without the prior
15 consent of the Minister dismantle, sell or otherwise
16 dispose of any part or parts of any Railway constructed
17 pursuant to this Section, or permit this to occur, other than
18 for the purpose of maintenance, repair, upgrade or
19 renewal.
20 (viii) The Joint Venturers shall, subject to and in accordance
21 with approved proposals, in a proper and workmanlike
22 manner, construct any Additional Infrastructure, access
23 roads, Lateral Access Roads and other works approved for
24 construction under this Section.
25 (ix) The Joint Venturers shall while the holder of a Special
26 Railway Licence at all times keep and maintain in good
27 repair and working order and condition (which obligation
28 includes, where necessary, replacing or renewing all parts
29 which are worn out or in need of replacement or renewal
30 due to their age or condition) the Railway, access roads
31 and Additional Infrastructure (if any) the subject of that
32 licence and all such other works installations plant
33 machinery and equipment for the time being the subject of
34 this Agreement and used in connection with the operation
35 use and maintenance of that Railway, access roads and
36 Additional Infrastructure (if any).
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1 (x) Subject to Section 9A.04, the Joint Venturers shall:
2 (A) be responsible for the cost of construction and
3 maintenance of all Private Roads constructed
4 pursuant to this Section; and
5 (B) at their own cost erect signposts and take other steps
6 that may be reasonable in the circumstances to
7 prevent any persons and vehicles (other than those
8 engaged upon the Joint Venturers' activities and its
9 invitees and licensees) from using the Private
10 Roads; and
11 (C) at any place where any Private Roads are
12 constructed by the Joint Venturers so as to cross any
13 railways or public roads provide at its cost such
14 reasonable protection and signposting as may be
15 required by the Commissioner of Main Roads or the
16 Public Transport Authority as the case may be.
17 (xi) The provisions of Section 13.03 regarding third party
18 access as well as the proviso to that Section shall apply
19 mutatis mutandis to any Railway or Railway spur line
20 constructed pursuant to this Section except that the Joint
21 Venturers shall not be obliged to transport passengers
22 upon any Railway or Railway spur line.
23 (xii) The provisions of Section 13.02A shall apply mutatis
24 mutandis to any Railway or Rail spur line constructed
25 pursuant to this Section.
26 Notification of Railway Operation Date
27 (h) (i) The Joint Venturers shall from the date occurring six (6)
28 months before the date for completion of construction of a
29 Railway specified in its time program for the
30 commencement and completion of construction of that
31 Railway submitted under paragraph (d)(i), keep the
32 Minister fully informed as to:
33 (A) the progress of that construction and its likely
34 completion and commissioning; and
35 (B) the likely Railway Operation Date.
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1 (ii) The Joint Venturers shall on the Railway Operation Date
2 notify the Minister that the first carriage of iron ore, freight
3 goods or other products as the case may be over the
4 Railway (other than for construction or commissioning
5 purposes) has occurred.
6 (iii) The Joint Venturers shall from the date occurring six (6)
7 months before the date for completion of construction of a
8 Railway spur line specified in its time program for the
9 commencement and completion of construction of that
10 spur line submitted under subparagraph (iii) of
11 paragraph (e) keep the Minister fully informed as to:
12 (A) the progress of that construction and its likely
13 completion and commissioning; and
14 (B) in respect of it, the likely Railway spur line
15 Operation Date.
16 (iv) The Joint Venturers shall on the Railway spur line
17 Operation Date in respect of any Railway spur line notify
18 the Minister that the first carriage of iron ore, freight goods
19 or other products as the case may be over such spur line
20 (other than for construction or commissioning purposes)
21 has occurred."
22 (44) deleting Section 10.01 and substituting the following:
23 "SECTION 10.01 ANCILLARY TITLES
24 (a) On application made by the Joint Venturers not later than three
25 (3) months after proposals submitted pursuant to Clauses V or
26 VIA have been approved or determined or not later than three (3)
27 months after proposals submitted pursuant to Section 7.01 have
28 been approved or determined (as applicable), the State shall in
29 accordance with the Joint Venturers' approved proposals grant to
30 the Joint Venturers, or arrange to have the appropriate authority
31 or other interested instrumentality of the State grant to the Joint
32 Venturers, for such periods and on such terms and conditions
33 including rentals and renewal rights as shall be reasonable having
34 regard to the requirements of the Joint Venturers and as are
35 consistent with the terms of this Agreement and approved
36 proposals, leases and where applicable licences, easements and
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1 or other titles to land for all or any of the purposes of the Joint
2 Venturers' activities hereunder.
3 (b) Notwithstanding Section 9A.03(b)(ii)(D), detailed proposals
4 may refer to activities on tenure which is proposed to be granted
5 pursuant to this Section as if that tenure was granted pursuant to
6 this Agreement (but this does not limit the powers or discretions
7 of the Minister under this Agreement or the Minister responsible
8 for the administration of any relevant Act with respect to the
9 grant of the tenure).
10 (c) The State acknowledges that the Joint Venturers have made
11 application for miscellaneous licence 47/1092 and may seek its
12 grant pursuant to proposals to be submitted and approved under
13 this Agreement for its use for the purposes of this Agreement
14 subject to any underlying tenement holder(s) providing their
15 consent to such use."
16 (45) deleting Section 10.02 and substituting the following:
17 "SECTION 10.02 NATIVE TITLE The provisions of this
18 Section and Section 10.04 shall not operate so as to require the State to
19 grant or vary, or cause to be granted or varied, any lease licence or other
20 right or title until all processes necessary under any laws relating to
21 native title to enable that grant or variation to proceed, have been
22 completed."
23 (46) inserting after Section 10.02 the following new Sections:
24 "SECTION 10.03 ABORIGINAL HERITAGE ACT
25 (a) For the purposes of this Agreement the Aboriginal Heritage
26 Act 1972 (WA) applies as if:
27 (i) the expression 'owner of any land' in section 18(1) of that
28 Act includes the Joint Venturers to the extent that their
29 requisite authority to enter and be on the relevant land
30 would not otherwise comprise a right contemplated by
31 section 18(1) of the Act;
32 (ii) the following sentences are added at the end of
33 section 18(3):
34 "In relation to a notice from the Joint Venturers the
35 conditions that the Minister may specify can as appropriate
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1 include, among other conditions, a condition restricting
2 the Joint Venturers' use of the relevant land to after the
3 approval or deemed approval as the case may be under the
4 agreement authorised by and scheduled to the Iron Ore
5 (Rhodes Ridge) Agreement Authorisation Act 1972, as
6 from time to time added to, varied or amended, in relation
7 to the use or proposed use of land pursuant to that
8 agreement of all of the Joint Venturers' submitted interim
9 and initial proposals thereunder, or in the case of
10 additional proposals submitted or to be submitted by the
11 Joint Venturers to after the approval or deemed approval
12 under that agreement of such additional proposals, and to
13 the extent so approved."
14 (b) The Joint Venturers acknowledge that nothing in this Section nor
15 the granting of any consents under section 18 of the Aboriginal
16 Heritage Act 1972 (WA) will constitute or is to be construed as
17 constituting the approval of any proposals submitted or to be
18 submitted by the Joint Venturers under this Agreement or as the
19 grant or promise of land tenure for the purposes of this
20 Agreement.
21 SECTION 10.04 APPLICATION FOR SPECIAL ADVANCE
22 TENURE TO BE GRANTED PURSUANT TO
23 THIS AGREEMENT
24 (a) The Minister may at the request of the Joint Venturers from time
25 to time made during the continuance of this Agreement approve
26 Special Advance Tenure being granted to the Joint Venturers
27 pursuant to this Agreement if:
28 (i) the Joint Venturers propose to submit detailed proposals
29 under this Agreement (other than under Section 9A.05) to
30 construct works installations or facilities on the Relevant
31 Land and the Joint Venturers' request is so far as is
32 practicable made, unless the Minister approves otherwise,
33 no less than six (6) months before the submission of those
34 detailed proposals; and
35 (ii) the Minister is satisfied that it is necessary and appropriate
36 that Special Advance Tenure, rather than tenure granted
37 under or pursuant to the other provisions of this
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1 Agreement, be used for the purposes of the proposed
2 works installations or facilities on the Relevant Land,
3 and if the Minister does so approve:
4 (iii) notwithstanding the Mining Act 1978 or the LAA, the
5 appropriate authority or instrumentality of the State shall
6 obtain the consent of the Minister to the form and
7 substance of the Special Advance Tenure prior to its grant
8 (which for the avoidance of doubt neither the State nor the
9 Minister is obliged to cause) to the Joint Venturers; and
10 (iv) if the Joint Venturers do not submit detailed proposals
11 relating to construction of the relevant works installations
12 or facilities on the Relevant Land within twenty four (24)
13 months after the date of the Minister's approval or such
14 later time subsequently allowed by the Minister, or if
15 submitted the Minister does not approve such detailed
16 proposals, the Special Advance Tenure (if then granted)
17 shall be surrendered at the request of the Minister.
18 (b) The decisions of the Minister under paragraph (a) shall not be
19 referrable to arbitration and any approval of the Minister under
20 this Section shall not in any way limit, prejudice or otherwise
21 affect the exercise by the Minister of the Minister's powers, or
22 the performance of the Minister's obligations, under this
23 Agreement or otherwise under the laws from time to time of the
24 said State.
25 SECTION 10.05 RESUMPTION FOR THE PURPOSES OF
26 THIS AGREEMENT
27 (a) The State is hereby empowered, as and for a public work under
28 Parts 9 and 10 of the LAA and the Public Works Act 1902 (WA),
29 to take for the purposes of this Agreement any land which in the
30 opinion of the Joint Venturers is necessary for the purposes of
31 this Agreement and which the Minister determines is appropriate
32 to be taken for such purposes (except any land the taking of
33 which would be contrary to the provisions of a Government
34 agreement entered into before the submission of the proposals
35 relating to the proposed taking) and notwithstanding any other
36 provisions of those Acts may license that land to the Joint
37 Venturers.
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1 (b) In applying Parts 9 and 10 of the LAA and the Public Works
2 Act 1902 (WA) for the purposes of this Clause:
3 (i) "land" in those Acts includes a legal or equitable estate or
4 interest in land;
5 (ii) sections 170, 171, 172, 173, 174, 175 and 184 of the LAA
6 do not apply; and
7 (iii) the LAA applies as if it were modified in section 177(2)
8 by inserting:
9 (A) after "railway" the following:
10 "or land is being taken pursuant to a Government
11 agreement as defined in section 2 of the
12 Government Agreements Act 1979 (WA)"; and
13 (B) after "that Act" the following:
14 "or that agreement as the case may be".
15 (c) The Joint Venturers shall pay to the State on demand the costs of
16 or incidental to any land taken at the request of and on behalf of
17 the Joint Venturers including but not limited to any compensation
18 payable to any holder of native title or of native title rights and
19 interests in the land."
20 (47) in Section 11.01 by:
21 (a) after the words "hereunder the State" inserting the words "shall
22 not during the term of this Agreement without the consent of the
23 Joint Venturers";
24 (b) deleting "will not resume or suffer or" and substituting "resume
25 nor suffer nor";
26 (c) before the word "instrumentality" inserting the word "State";
27 (d) deleting the words "portion of the land the subject of any special
28 lease mentioned in Section 10.02" and substituting "of the works,
29 installations, plant, equipment or other property for the time
30 being belonging to the Joint Venturers and the subject of or used
31 for the purposes of this Agreement or any of the works on the
32 Mining Lease or other lease, licence or other title granted to or
33 held by the Joint Venturers pursuant to this Agreement without
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1 such consent (which will not be arbitrarily or unreasonably
2 withheld)"; and
3 (e) deleting "mineral lease" and substituting "titles";
4 (48) in Section 11.02 inserting after the full stop the sentence "In the
5 application of this Section the conferral of rights upon parties to
6 Government agreements shall be disregarded."
7 (49) in Section 11.03 deleting "mineral lease" and substituting "Mining
8 Lease" and deleting "under or" and substituting "or held";
9 (50) deleting Section 11.04 and substituting the following:
10 "SECTION 11.04 RATING
11 (a) The State shall ensure that, notwithstanding the provisions of any
12 Act or anything done or purported to be done under any Act, the
13 valuation of all lands the subject of this Agreement (except as to
14 any part of land upon which is situated a specified improvement
15 as referred to below) shall for rating purposes under the Local
16 Government Act 1995 (WA), be deemed to be on the unimproved
17 value thereof and no such lands shall be subject to any
18 discriminatory rate.
19 (b) For the purpose of this Section, the following improvements are
20 specified improvements:
21 (i) accommodation, recreation and administration facilities
22 and associated buildings; and
23 (ii) maintenance workshops existing within 100 metres of
24 facilities listed in subparagraph (i) above."
25 (51) deleting Section 12.01 (other than the heading) and substituting "Not
26 used.";
27 (52) in Section 13.01 by:
28 (a) after the words "Subject to" inserting the words "and in
29 accordance with approved proposals, the Rail Safety Act (as
30 defined for the purposes of this Clause in paragraph (a) of
31 Section 9A.05) and";
32 (b) after the words "Crown lands" inserting the words "(as defined
33 in the LAA)";
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1 (c) deleting the words "(but subject to the provisions of the Public
2 Works Act, 1902, to the extent that they are applicable) the
3 railway having a four feet eight and one half inch (4ft. 8½in.)
4 gauge specified in the approved proposals";
5 (d) after the words "(all of which together with the specified railway
6 being hereinafter referred to as "the said railway") and will"
7 adding the words "unless the Minister otherwise allows"; and
8 (e) deleting the words "to haul at least one million (1,000,000) tons
9 of iron ore per annum" and substituting "for the purposes of the
10 Joint Venturers' activities under this Agreement."
11 (53) deleting Section 13.02 (other than the heading) and substituting the
12 following:
13 "The Joint Venturers shall during the continuance of this Agreement:
14 (a) keep the said railway constructed under this Agreement in
15 operation;
16 (b) ensure that the said railway is operated in a safe and proper
17 manner in compliance with all applicable laws from time to time;
18 and
19 (c) without limiting paragraph (b), ensure that the obligations
20 imposed under the Rail Safety Act on a 'rail infrastructure
21 manager' and 'rail transport operator' (as those terms are therein
22 defined) are complied with in connection with the said railway,
23 and nothing in this Agreement shall be construed to exempt the Joint
24 Venturers or any person from compliance with the Rail Safety Act, or
25 limit their application to the Joint Venturers' operations generally."
26 (54) inserting after Section 13.02 the following new Section:
27 "SECTION 13.02A CROSSINGS OVER RAILWAY For the
28 purposes of livestock and infrastructure such as roads, railways,
29 conveyors, pipelines, transmission lines and other utilities proposed to
30 cross the land the subject of the Joint Venturers' railway the Joint
31 Venturers shall:
32 (a) if applicable, give its consent to, or otherwise facilitate the grant
33 by the State or any agency, instrumentality or other authority of
34 the State of any lease, licence or other title over land the subject
35 of the Joint Venturers' railway so long as such grant does not in
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1 the Minister's opinion unduly prejudice or interfere with the
2 activities of the Joint Venturers under this Agreement; and
3 (b) on reasonable terms and conditions allow access for the
4 construction and operation of such crossings and associated
5 infrastructure,
6 provided that in forming his opinion under this Section, the Minister
7 must consult with the Joint Venturers."
8 (55) deleting Section 14.01 and substituting the following:
9 "SECTION 14.01 CONSTRUCTION OF PRIVATE ROADS
10 The Joint Venturers shall:
11 (a) be responsible for the cost of the construction and maintenance
12 of all private roads which shall be used in its activities under this
13 Agreement;
14 (b) at its own cost erect signposts and take other steps that may be
15 reasonable in the circumstances to prevent any persons and
16 vehicles (other than those engaged upon the Joint Venturers'
17 activities and its invitees and licensees) from using the private
18 roads; and
19 (c) at any place where any private roads are constructed by the Joint
20 Venturers so as to cross any public roads or private railways
21 provide at its cost such reasonable protection and signposting as
22 may be required by the Commissioner of Main Roads, the
23 relevant local government or the owner of the private railway as
24 the case may be."
25 (56) deleting Section 14.02 (other than the heading) and substituting the
26 following:
27 "The State shall maintain or cause to be maintained those public roads
28 under the control of the Commissioner of Main Roads or a local
29 government which may be used by the Joint Venturers for the purposes
30 of this Agreement to a standard similar to comparable (in the Minister's
31 opinion) public roads maintained by the Commissioner of Main Roads
32 or a local government as the case may be."
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1 (57) deleting Section 14.03 and substituting the following:
2 "SECTION 14.03 PUBLIC ROAD UPGRADING In the event
3 that for or in connection with the Joint Venturers' activities under this
4 Agreement the Joint Venturers or a person engaged by them uses or
5 wishes to use a public road (whether referred to in Section 14.02 or
6 otherwise) which is inadequate for the purpose, or any use by the Joint
7 Venturers or any person engaged by them of any public road results in
8 excessive damage or deterioration thereof (other than fair wear and
9 tear) the Joint Venturers shall pay to the State or the local government
10 as the case may require the whole or an equitable part of the total cost
11 of any upgrading required or of making good the damage or
12 deterioration as may be reasonably required by the Commissioner of
13 Main Roads having regard to the use of such public road by others."
14 (58) deleting Section 14.04 and substituting the following:
15 "SECTION 14.04 DEDICATION OF PRIVATE ROADS AS
16 PUBLIC ROADS Where a road constructed by the Joint Venturers
17 for their own use is subsequently required for public use, the State may,
18 after consultation with the Joint Venturers as so long as resumption
19 thereof will not in the Minister's opinion unduly prejudice or interfere
20 with the activities of the Joint Venturers under this Agreement, resume
21 and dedicate such road as a public road and, upon such resumption, the
22 State shall pay to the Joint Venturers such amount as is reasonable for
23 such resumption."
24 (59) deleting Section 15.01 (other than the heading) and substituting "Not
25 used.";
26 (60) deleting Section 15.02 (other than the heading) and substituting "Not
27 used.";
28 (61) deleting Section 15.03 (other than the heading) and substituting "Not
29 used.";
30 (62) deleting Section 15.04 (other than the heading) and substituting "Not
31 used.";
32 (63) deleting Section 15.05 (other than the heading) and substituting "Not
33 used.";
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1 (64) deleting Section 15.06 (other than the heading) and substituting "Not
2 used.";
3 (65) deleting Section 15.07 and substituting the following:
4 "SECTION 15.07 WATER - MINING LEASE
5 (a) To the fullest extent reasonably practicable and in preference to
6 any other available source of water the Joint Venturers shall use
7 water obtained from dewatering on the Mining Lease for their
8 purposes under this Agreement.
9 (b) Nothing in this Agreement shall be construed so as to exempt the
10 Joint Venturers from any liability to the State or to third parties
11 arising out of or caused by the extraction of water from the
12 Mining Lease by dewatering or any discharge or escape from the
13 Mining Lease of water obtained by dewatering."
14 (66) deleting Section 15.08 (other than the heading) and substituting "Not
15 used.";
16 (67) deleting Section 15.09 (other than the heading) and substituting "Not
17 used.";
18 (68) deleting Section 15.10 and substituting the following:
19 "SECTION 15.10 RIGHTS TO WATER AND WATER SERVICES
20 The water requirements for the purposes of this Agreement shall be
21 obtained and maintained in accordance with and subject to laws
22 applicable from time to time in Western Australia in respect of rights
23 in water and the supply and discharge of water and the supply of water
24 services."
25 (69) deleting Section 15.11 (other than the heading) and substituting the
26 following:
27 "The Joint Venturers will give notice to the Minister of any unused
28 hydrological capacity and (where such supply will not unduly prejudice
29 or interfere with the Joint Venturers' activities hereunder) the Minister
30 will (after first affording the Joint Venturers an opportunity to consult
31 with him) so notify the Joint Venturers that the Minister is of the
32 opinion that it is desirable that the water sources so notified be made
33 available to the State for the purposes of water conservation, water
34 management and utilisation of the unused hydrological capacity by the
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1 State and the State will cause the Minister for Water to revoke or vary
2 all relevant licences to draw water previously issued to the Joint
3 Venturers. The State will not be liable to pay the Joint Venturers
4 compensation in respect of the licences so revoked or varied."
5 (70) deleting Section 15.12 and substituting the following:
6 "SECTION 15.12 MINIMISATION OF WATER CONSUMPTION
7 The Joint Venturers shall to the extent that it is practical and
8 economical design, construct and operate all facilities, plant and
9 equipment used in their activities under this Agreement so as to
10 minimise water consumption and shall at all times use their best
11 endeavours to minimise the consumption of water in their activities
12 under this Agreement and ensure the most efficient use of the available
13 water resources."
14 (71) deleting Section 15.14 and substituting the following:
15 "SECTION 15.14 SUPPLY OF EXCESS WATER TO THIRD
16 PARTIES
17 (a) The Joint Venturers may only extract mine dewater from the
18 Mining Lease to the extent reasonably required for their mining
19 activities the subject of approved proposals under this
20 Agreement.
21 (b) Subject to Section 15.11, the Joint Venturers may only supply
22 mine dewater in excess of the water requirements for the
23 purposes of this Agreement in accordance with and subject to
24 laws applicable from time to time in Western Australia in respect
25 of the supply of water and water services to third parties
26 including the State provided:
27 (i) the Joint Venturers notify the Minister prior to entering
28 into an arrangement for the proposed supply of the relevant
29 third party advising the identity of the third party, the
30 volume of water to be supplied and the purpose and
31 duration of the proposed supply; and
32 (ii) the water is to be supplied at a charge to be approved
33 (including if there is no proposed charge) by the Minister
34 in consultation with the Joint Venturers.
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1 For the avoidance of doubt, and without limiting Section 9A.03,
2 in such case the third party will be responsible for the
3 construction and operation of any water pipeline facilities and to
4 obtain their own tenure to support such activities under the
5 general law of the said State.
6 (72) deleting Section 15.15 (other than the heading) and substituting "Not
7 used.";
8 (73) deleting Section 15.16 (other than the heading) and substituting "Not
9 used.";
10 (74) deleting Section 15.17 (other than the heading) and substituting "Not
11 used.";
12 (75) deleting Section 16.01 (other than the heading) and substituting:
13 "The Joint Venturers may in accordance with approved proposals
14 hereunder and subject to the provisions of the Electricity Industry
15 Act 2004 (WA) and any other relevant Act:
16 (a) install and operate without cost to the State, at an appropriate
17 location or locations on the Mining Lease equipment of sufficient
18 capacity to generate electricity for its activities on the Mining
19 Lease and other areas provided for the facilities of the Joint
20 Venturers in the vicinity of the Mining Lease; and
21 (b) transmit power within the Mining Lease and other areas provided
22 for the Joint Venturers in the vicinity of the Mining Lease subject
23 to the provisions of the Electricity Industry Act 2004 (WA) and
24 any other relevant Act; and
25 (c) for the purpose of supply to:
26 (i) "the Company" or "the Joint Venturers" as the case may
27 be as defined in, and for the purpose of an Integration
28 Agreement, for its or their purposes thereunder;
29 (ii) the holders from time to time of a Mining Act 1978 mining
30 lease located in, or proximate to, the Pilbara region of the
31 said State which is held by a Related Entity alone or with
32 a third party or parties (excluding any mining lease granted
33 pursuant to, or held under, a Government agreement) for
34 the purpose of their iron ore mining operations on that
35 mining lease; and
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1 (iii) with the prior approval of the Minister, "the Company" or
2 "the Joint Venturers" as the case may be defined in, and
3 for the purpose of a Government agreement (excluding an
4 Integration Agreement) for the mining of iron ore in, or
5 proximate to, the Pilbara region of the said State for the
6 purpose of its or their operations under that agreement,
7 and to the extent determined by the Minister generate transmit
8 and supply electricity."
9 (76) in Section 16.02 by:
10 (a) after the words "the Joint Venturers will" inserting the words
11 "subject to the provisions of the Electricity Industry Act 2004
12 (WA) and any other relevant Act";
13 (b) deleting each occurrence of "the Commission and";
14 (c) deleting the words "the Commission or"; and
15 (d) inserting before the full stop the words "(for the avoidance of
16 doubt, in such case the third party will augment their electricity
17 facilities and obtain their own tenure to support such
18 augmentation under the general law of the said State)";
19 (77) deleting Section 16.03 (other than the heading) and substituting "Not
20 used.";
21 (78) deleting Section 16.04 (other than the heading) and substituting "Not
22 used.";
23 (79) deleting Section 16.05 (other than the heading) and substituting "Not
24 used.";
25 (80) inserting after the heading "CLAUSE XVII" the words "Not used.";
26 (81) deleting Section 17.01 (other than the heading) and substituting "Not
27 used.";
28 (82) deleting Section 17.02 (other than the heading) and substituting "Not
29 used.";
30 (83) deleting Section 17.03 (other than the heading) and substituting "Not
31 used.";
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1 (84) inserting after the heading "CLAUSE XVIII" the words "Not used.";
2 (85) deleting Section 18.01 (other than the heading) and substituting "Not
3 used.";
4 (86) deleting Section 18.02 (other than the heading) and substituting "Not
5 used.";
6 (87) deleting Section 18.03 (other than the heading) and substituting "Not
7 used.";
8 (88) deleting Section 18.04 (other than the heading) and substituting "Not
9 used.";
10 (89) deleting Section 18.05 (other than the heading) and substituting "Not
11 used.";
12 (90) deleting Section 19.01 (other than the heading) and substituting "Not
13 used.";
14 (91) in Section 20.02 deleting "wharfs";
15 (92) deleting Section 20.03 and substituting the following:
16 "SECTION 20.03 USE OF LOCAL LABOUR PROFESSIONAL
17 SERVICES AND MATERIALS
18 (a) Except as otherwise agreed by the Minister the Joint Venturers
19 shall, for the purposes of this Agreement:
20 (i) except in those cases where the Joint Venturers can
21 demonstrate it is not reasonable and economically
22 practicable so to do, use labour available within the said
23 State (using all reasonable endeavours to ensure that as
24 many as possible of the workforce be recruited from the
25 Pilbara region) or if such labour is not available then,
26 except as aforesaid, use labour otherwise available within
27 Australia;
28 (ii) as far as it is reasonable and economically practicable so
29 to do, use the services of engineers, surveyors, architects
30 and other professional consultants experts and specialists,
31 project managers, manufacturers, suppliers and
32 contractors resident and available within the said State, or
33 if such services are not available within the said State,
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1 then, as far as practicable as aforesaid, use the services of
2 such persons otherwise available within Australia;
3 (iii) during design and when preparing specifications, calling
4 for tenders and letting contracts for works, materials, plant,
5 equipment and supplies (which shall at all times, except
6 where it is impracticable so to do, use or be based upon
7 Australian Standards and Codes) ensure that suitably
8 qualified Western Australian and Australian suppliers,
9 manufacturers and contractors are given fair and
10 reasonable opportunity to tender or quote;
11 (iv) give proper consideration and, where possible, preference
12 to Western Australian suppliers, manufacturers and
13 contractors when letting contracts or placing orders for
14 works, materials, plant, equipment and supplies where
15 price, quality, delivery and service are equal to or better
16 than that obtainable elsewhere or, subject to the foregoing,
17 give that consideration and, where possible, preference to
18 other Australian suppliers, manufacturers and contracts;
19 and
20 (v) if, notwithstanding the foregoing provisions of this
21 Section, a contract is to be let or an order is to be placed
22 with other than a Western Australian or Australian
23 supplier, manufacturer or contractor, give proper
24 consideration and, where possible, preference to tenders,
25 arrangements or proposals that include Australian
26 participation where price, delivery and service are
27 otherwise equal or better.
28 (b) Except as otherwise agreed by the Minister, the Joint Venturers
29 shall, in every contract entered into with a third party for the
30 supply of services, labour, works, materials, plant, equipment or
31 supplies for the purposes of this Agreement require as a condition
32 thereof that such third party shall undertake:
33 (i) the same obligations as are referred to in paragraph (a) and
34 shall report to the Joint Venturers concerning such third
35 party's implementation of that condition; and
36 (ii) procurement activities in accordance with the plan
37 provided under Section 7.05.
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1 (c) The Joint Venturers shall:
2 (i) in respect of developments the subject or to be the subject
3 (as the case may be) of proposals submitted under Clauses
4 V or VIA (as the case may be), submit a report to the
5 Minister at quarterly intervals from the date six (6) months
6 after the variation date until commissioning of the works,
7 installations and facilities described in such proposals and
8 thereafter as requested by the Minister from time to time;
9 and
10 (ii) in respect of developments the subject or to be the subject
11 (as the case may be) of proposals submitted under
12 Section 7.01 submit a report to the Minister at quarterly
13 intervals from the date on which they give notice under
14 Section 7.01 until commissioning of the developments the
15 subject of the proposals approved pursuant to Section 7.02
16 and thereafter as requested by the Minister from time to
17 time,
18 concerning its implementation of the provisions of this Section
19 and of the relevant plan in connection with the development
20 provided pursuant to Section 7.05, together with a copy of any
21 report received by the Joint Venturers pursuant to paragraph (b)
22 during that quarter or longer period as the case may be
23 PROVIDED THAT the Minister may agree that any such reports
24 need not be provided in respect of contracts of such kind or value
25 as the Minister may from time to time determine.
26 (d) The Joint Venturers shall keep the Minister informed on a regular
27 basis as determined by the Minister from time to time or
28 otherwise as reasonably required by the Minister during the
29 currency of this Agreement of any services (including any
30 elements of the project investigations, design and management)
31 and any works, materials, plant, equipment and supplies that it
32 may be proposing to obtain from or have carried out or permit to
33 be obtained from or carried out outside Australia, together with
34 its reasons therefor and shall, as and when required by the
35 Minister, consult with the Minister with respect thereto."
36 (93) in paragraph (b) of Section 20.04 deleting "Section 20.04(a)" and
37 substituting "paragraph (a)";
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1 (94) in Section 21.01 by deleting paragraphs (a), (b), (c) and (d) (including
2 subparagraphs (i) and (ii)) and substituting the following:
3 "(a) on lump ore and on fine ore not sold or shipped separately as
4 such, at the rate of 7.5% of the f.o.b. value;
5 (b) on fine ore sold or shipped separately as such, at the rate of 7.5%
6 of the f.o.b. value;
7 (c) on beneficiated ore, at the rate of 5% of the f.o.b. value; and
8 (d) on any other iron ore products, at the rate of 7.5% of the f.o.b.
9 value.
10 Where beneficiated ore is produced from an admixture of iron ore from
11 the Mining Lease and iron ore from elsewhere, a portion (and a portion
12 only) of the beneficiated ore so produced being equal to the proportion
13 that the amount of the iron in the iron ore from the Mining Lease used
14 in the production of that beneficiated ore bears to the total amount of
15 iron in the iron ore so used shall be deemed to be produced from iron
16 ore from the Mining Lease.
17 Where for the purpose of determining f.o.b. value it is necessary to
18 convert an amount or price to Australian currency, the conversion is to
19 be calculated using the rate (excluding forward hedge or similar
20 contract rates) that has been approved by the Minister at the request of
21 the Joint Venturers and in the absence of such request as determined by
22 the Minister to be a reasonable rate for the purpose.
23 The provisions of regulation 85AA (Effect of GST etc. on royalties) of
24 the Mining Regulations 1981 (WA) shall apply mutatis mutandis to the
25 calculation of royalties under this Section."
26 (95) deleting Section 21.02 (other than the heading) and substituting:
27 "This Section 21.02 will also apply in relation to the payment of the
28 royalty where iron ore products produced from secondary processing
29 hereunder are so produced from an admixture of iron ore from the
30 Mining Lease and other iron ore a portion (and a portion only) of the
31 iron ore products so produced (being that part of the whole of the iron
32 ore products so produced as bears to that whole the same ratio as the
33 amount of iron in the iron ore from the Mining Lease used in the
34 production of those iron products bears to the total amount of iron in
35 the iron ore so used) will be deemed to be iron ore products within the
36 meaning of that term as defined in Section 1.01."
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1 (96) deleting Section 21.03 (other than the heading) and substituting:
2 "The Joint Venturers will during the continuance of this Agreement
3 within fourteen (14) days after the following quarter days namely the
4 last days of March June September and December in each year
5 (commencing with the quarter day next following the export date)
6 furnish to the Minister a return showing the quantity of all iron ore
7 and/or iron ore products on which royalty is payable hereunder and
8 shipped sold or used (as the case may be) during the quarter
9 immediately preceding the due date of the return, and also showing
10 such other information in relation to the abovementioned iron ore as
11 the Minister may from time to time reasonably require in regard to, and
12 to assist in verifying, the calculation of royalties in accordance with
13 Section 21.01, and shall not later than two (2) months after such due
14 date pay to the Minister the royalty payable in respect of such of the
15 iron ore products mentioned in Section 21.01 as are locally used and
16 will also pay to the Minister in respect of such of the said iron ore
17 products as are shipped or sold a sum on account of the royalty payable
18 hereunder calculated on the basis of:
19 (a) in the case of iron ore initially sold at cost pursuant to the proviso
20 to Section 21.05, at the price notified pursuant to paragraph (iii)
21 of that proviso;
22 (b) in any other case, invoices or provisional invoices (as the case
23 may be) rendered by the Joint Venturers to the purchaser (which
24 invoices the Joint Venturers shall render without delay
25 simultaneously furnishing copies thereof to the Minister) of such
26 iron ore or on the basis of estimates as agreed or determined,
27 and shall from time to time in the next following appropriate return and
28 payment make (by the return and by cash) all such necessary
29 adjustments (and give to the Minister full details thereof) when the
30 f.o.b. value shall have been finally calculated, agreed or determined."
31 (97) deleting Section 21.04 (other than the heading) and substituting:
32 "The Joint Venturers will throughout the continuance of this Agreement
33 permit the Minister or his nominee at all reasonable times to inspect the
34 books, records, accounts, documents (including contracts), data and
35 information of the Joint Venturers stored by any means relating to any
36 shipment or sale of iron ore the subject of the royalty hereunder and to
37 take copies or extracts (in whatever form) therefrom and for the purpose
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1 of determining the f.o.b. value in respect of any shipment or sale of
2 iron ore the subject of the royalty hereunder the Joint Venturers will
3 take reasonable steps (either by the certificate of a competent
4 independent party acceptable to the Minister of otherwise to the
5 Minister's reasonable satisfaction) to satisfy the State as to the
6 correctness of all relevant weights assays and analyses and will give
7 due regard to any objection or representation made by the Minister or
8 his nominee as to any particular weight assay or analysis that may affect
9 the amount of royalty payable hereunder. The information obtained by
10 the Minister or his nominee as a result of any such inspection shall be
11 used only for the purposes of verifying the amount of royalty payable
12 by the Joint Venturers and for no other purpose and shall not be
13 disclosed by the State the Minister or his nominee to any other party
14 for any other purpose. The Joint Venturers shall cause to be produced
15 in Perth in the said State all books, records, accounts, documents
16 (including contracts), data and information of the kind referred to above
17 to enable the exercise of rights under this Section by the Minister or the
18 Minister's nominee, regardless of the location in which or by whom
19 those books, records, accounts, documents (including contracts), data
20 and information are stored from time to time."
21 (98) inserting after Section 21.04 the following new Sections:
22 "SECTION 21.05 SHIPMENT AND PRICE FOR IRON ORE
23 The Joint Venturers may ship, or procure the shipment of, all iron ore
24 mined from the Mining Lease and sold:
25 (a) from the Joint Venturers' wharf; or
26 (b) from any other wharf in a loading port which wharf has been
27 constructed under an Integration Agreement; or
28 (c) with the Minister's approval given before submission of
29 proposals in that regard, from any other wharf in a loading port
30 which wharf has been constructed under another Government
31 agreement (excluding the Integration Agreements),
32 and use their best endeavours to obtain therefor the best price possible
33 having regard to market conditions from time to time prevailing
34 PROVIDED THAT iron ore from the Mining Lease may be sold by the
35 Joint Venturers prior to or at the time of the shipment under this
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1 Agreement at a price equal to the production costs in respect of that
2 iron ore up to the point of sale, if:
3 (i) the Minister is notified before the time of shipment that the
4 sale is to be made at cost providing details of the proposed
5 sale; and
6 (ii) the Minister is notified of the proposed arm's length
7 purchaser in the relevant international seaborne iron ore
8 market of the iron ore the subject of the proposed sale at
9 cost; and
10 (iii) there is included in the return lodged pursuant to
11 Section 21.03 particulars of the transaction in which the
12 ore sold at cost was subsequently purchased in the relevant
13 international seaborne iron ore market by an arm's length
14 purchaser specifying the purchaser, the seller, the price
15 and the date when the sale was agreed between the arm's
16 length purchaser and the seller; and
17 (iv) the arm's length purchaser referred to in subparagraph (iii)
18 of the proviso above is not then a designated purchaser as
19 referred to below.
20 If required by notice in writing from the Minister, the Joint Venturers
21 must provide the Minister within 30 days after receiving the notice with
22 evidence that the transaction as included in the return pursuant to
23 subparagraph (iii) of the proviso above was a sale in the relevant
24 international seaborne iron ore market to an independent participant in
25 that market. If no evidence is provided or the Minister is not so satisfied
26 on the evidence provided or other information obtained, the Minister
27 may by notice to the Joint Venturers designate the purchaser to be a
28 designated purchaser and that designation will remain in force unless
29 and until lifted by further notice from the Minister to the Joint
30 Venturers. For the avoidance of doubt and without limiting the
31 Minister's discretion above, the parties acknowledge that marketing
32 entities forming part of a corporate group that includes the majority
33 Joint Venturer (or part of a parallel corporate group if that Joint
34 Venturer is part of a dual-listed corporate structure) are not independent
35 participants for the purposes of this Section.
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1 SECTION 21.06 ACKNOWLEDGEMENT OF POTENTIAL
2 LEGISLATION TO TRANSFER THE
3 ADMINISTRATION OF ROYALTIES
4 The Joint Venturers acknowledge that the State intends to sponsor
5 legislation to facilitate the transfer of the State's collection and
6 administration of royalties and additional rent payable under
7 Government agreements relating to mining (including this Agreement)
8 to the Commissioner for State Revenue and the intention that this
9 Agreement, to the extent of such collection and administration matters,
10 will be subject to any such legislation without the need for a further
11 variation to this Agreement."
12 (99) deleting "Secondary Processing" in PART IV and substituting "Further
13 Processing";
14 (100) deleting Clause XXIII and substituting the following:
15 "CLAUSE XXIII
16 SECTION 23.01 LIMITS ON MINING The Joint Venturers
17 shall not produce more than fifty million (50,000,000) tonnes of iron
18 ore per annum for transportation from the Mining Lease without the
19 prior consent of the Minister and approval of detailed proposals in
20 regard thereto in accordance with Sections 23.02 and 23.04.
21 SECTION 23.02 INCREASE OF ANNUAL TONNAGE
22 (a) If the Joint Venturers desire to increase the annual tonnage
23 beyond that specified in Sections 23.01 they shall give notice
24 thereof to the Minister and furnish to the Minister with that notice
25 an outline of its proposals in respect thereto (including the
26 matters mentioned in Section 5.02).
27 (b) The Minister shall within one (1) month of a notice under
28 paragraph (a) of this Section advise the Joint Venturers whether
29 or not he approves in principle the proposed increase. An
30 approval by the Minister under this paragraph may be given
31 subject to conditions including a condition requiring variations
32 of or additions to this Agreement PROVIDED THAT any such
33 condition shall not without the consent of the Joint Venturers
34 require variations of:
35 (i) the term of the Mining Lease or the rental thereunder;
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1 (ii) the rentals payable under any other lease, licence,
2 easement or other title to land hereunder;
3 (iii) the rates of or method of calculating royalty;
4 (iv) the provisions of paragraph (g) of Section 9A.05; or
5 (v) the provisions of Sections 23.06 to 23.12 inclusive.
6 SECTION 23.03 PRODUCTION OF MORE THAN 70 MILLION
7 TONNES The Joint Venturers shall not seek approval in principle to
8 proposals in regard to the production of more than seventy million
9 (70,000,000) tonnes of iron ore per annum for transportation from the
10 Mining Lease unless the Minister in accordance with Section 23.09 has
11 approved or is deemed to have approved proposals submitted under
12 Section 23.07 for the establishment within the State of plant for the
13 production of metallised agglomerates or under Section 23.11 or an
14 alternative project in lieu of the Joint Venturers' obligations in respect
15 of the establishment of plant for the production of metallised
16 agglomerates under this Clause or unless the Minister otherwise agrees
17 for the purpose of this Section to receive a notice under paragraph (a)
18 of Section 23.02.
19 SECTION 23.04 DETAILED PROPOSALS
20 (a) If the Minister approves in principle a proposed increase the Joint
21 Venturers must within three (3) months of that approval submit
22 to the Minister detailed proposals in respect thereof in
23 accordance with any conditions of that approval otherwise that
24 approval shall lapse.
25 (b) The provisions of paragraphs (b) to (e) (inclusive) of
26 Section 7.01 and Section 7.02 shall apply to detailed proposals
27 submitted pursuant to this Section.
28 SECTION 23.05 INCREASE OF MINE TONNAGE
29 Any proposal under Sections 23.01 to 23.04 to increase the annual
30 tonnage to be produced shall specify the proposed increase and on and
31 after approval or determination of any such proposal pursuant to
32 paragraph (b) of Section 23.04 the provisions of Section 23.01 to 23.05
33 shall apply mutatis mutandis to the increased tonnage and also to any
34 subsequent desires of the Joint Venturers for an increase in the tonnage.
35 SECTION 23.06 FURTHER PROCESSING During the
36 continuance of this Agreement, the Joint Venturers shall undertake
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1 ongoing investigations into the technical and economic feasibility of
2 establishing within the said State plant for the production of metallised
3 agglomerates and shall on or before the earlier of:
4 (a) the date seven (7) years after the date on which iron ore from the
5 Mining Lease (other than iron ore transported solely for testing
6 purposes and in respect of which no purchase price or other
7 consideration is payable or due) is first transported from the
8 Mining Lease; and
9 (b) the date on which the two hundred and ten millionth
10 (210,000,000) tonne of such iron ore (or such additional tonnage
11 as the Minister may approve) from the Mining Lease is
12 transported from the Mining Lease,
13 submit to the Minister detailed reports of such investigations to the date
14 of the report and its program, budget and timetable for the preparation
15 of the proposals referred to in Section 23.07.
16 SECTION 23.07 DETAILED PROPOSALS The Joint Venturers
17 shall:
18 (a) on or before the earlier of:
19 (i) the date ten (10) years after the date on which iron ore from
20 the Mining Lease (other than iron ore transported solely
21 for testing purposes and in respect of which no purchase
22 price or other consideration is payable or due) is first
23 transported from the Mining Lease; and
24 (ii) the date on which the three hundred millionth
25 (300,000,000) tonne of such iron ore (or such additional
26 tonnage as the Minister may approve) from the Mining
27 Lease is transported from the Mining Lease (which date is
28 hereinafter called "the m.a. date"); or
29 (b) if proposals under this Section are postponed for a three (3) year
30 period pursuant to Section 23.08, on or before the third or
31 subsequent third anniversary as the case may require of the m.a.
32 date,
33 submit to the Minister detailed proposals for the establishment
34 within the said State of plant for the production of metallised
35 agglomerates containing provisions that such plant will within
36 three (3) years of the date on which the proposals are submitted
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1 have the capacity to produce not less than four million
2 (4,000,000) tonnes of metallised agglomerates per annum and
3 will within eight (8) years of the date on which the proposals are
4 submitted have the capacity to produce not less than six million
5 (6,000,000) tonnes of metallised agglomerates per annum.
6 SECTION 23.08 DEFERRAL
7 (a) If the Joint Venturers believe that the submission of proposals
8 pursuant to Section 23.07 on the m.a. date or a third anniversary
9 of the m.a. date where a three (3) year postponement has been
10 allowed pursuant to this Section should be postponed because the
11 establishment of the said plant is not then economically feasible,
12 the Joint Venturers may apply to the Minister not more than six
13 (6) months nor less than three (3) months before the date for
14 submission of those proposals for postponement for a period of
15 three (3) years of the date for submission of proposals under
16 Section 23.07 and shall provide to the Minister with such
17 application all relevant information and supporting data available
18 to the Joint Venturers relating to such application.
19 (b) The Joint Venturers shall supply to the Minister such other
20 information and data as the Minister may reasonably require in
21 relation to its application.
22 (c) If the Minister is satisfied that there are reasonable grounds for
23 the postponement applied for the requirement on the Joint
24 Venturers to submit proposals under this Section shall be
25 postponed for a period of three (3) years.
26 (d) If the Minister notifies the Joint Venturers that he does not agree
27 with their submission then at the request of the Joint Venturers
28 made within two (2) months after receipt of the Joint Venturers
29 of the notification from the Minister, the Minister will appoint a
30 tribunal (hereinafter called "the Tribunal") consisting of one
31 person if the Joint Venturers and the State agree on that person
32 or, failing such agreement consisting of three persons (one of
33 whom shall be a Judge of the Supreme Court of Western
34 Australia or failing him or her a Commissioner appointed
35 pursuant to section 49 of the Supreme Court Act 1935 (WA) or a
36 Senior Counsel and the others of whom shall have appropriate
37 technical or economic qualifications) to decide in accordance
38 with Clause XXXII whether or not the metallising operation is
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1 feasible and the Tribunal in reaching its decision shall take into
2 account (inter alia) the Joint Venturer's submission, the amount
3 of capital required for the metallising operation, the availability
4 of that capital at that time on reasonable terms and conditions,
5 the likelihood of the Joint Venturers being able to sell metallised
6 agglomerates at sufficient prices and in sufficient quantities and
7 for a sufficient period to justify the metallising operation having
8 regard to the amount and rate of return on total funds that would
9 be involved in or in connection with the production and sale of
10 metallised agglomerates and the weighted average cost of capital
11 to the Joint Venturers.
12 SECTION 23.09 APPROVED PROPOSALS BY MINISTER The
13 Minister shall within two (2) months of receipt of proposals under
14 Section 23.07 give to the Joint Venturers notice of his approval of those
15 proposals (which approval shall not be unreasonably withheld) or of
16 any objections raised or alterations desired thereto, and in the latter case
17 shall afford the Joint Venturers an opportunity to consult with and to
18 submit new proposals to the Minister. If within two (2) months of
19 receipt of such notice agreement is not reached as to the proposals, the
20 Joint Venturers may within a further period of two (2) months elect by
21 notice to the State to refer to arbitration as provided in Clause XXXII
22 any dispute as to the reasonableness of the Minister's decision. If by
23 the award on arbitration the question is decided in favour of the Joint
24 Venturers the Minister shall be deemed to have approved the proposals
25 of the Joint Venturers.
26 SECTION 23.10 COMPLETION OF CONSTRUCTION OF
27 PLANT The Joint Venturers shall (except to the extent otherwise
28 agreed with the Minister) before the end of the respective times
29 specified in Section 23.07 complete the construction of plant in
30 accordance with the Joint Venturers' proposals as finally approved or
31 determined under this Clause and shall thereafter continue to produce
32 metallised agglomerates from such plant at not less than the rates
33 provided for in Section 23.07 for so long as the Joint Venturers
34 continues to ship from the said State iron ore from the Mining Lease.
35 SECTION 23.11 ACCEPTANCE OF AN ALTERNATIVE
36 PROJECT
37 (a) The Joint Venturers may at any time before the time for
38 submission of proposals pursuant to Section 23.07 apply to the
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1 Minister for approval that an alternative project be accepted by
2 the State in lieu of all or some part of the Joint Venturers'
3 obligations in respect of the establishment of plant for the
4 production of metallised agglomerates pursuant to this Clause.
5 (b) Where the Minister approves an application under paragraph (a)
6 of this Section the Joint Venturers shall implement or cause to be
7 implemented as the case may be the alternative project in
8 accordance with that approval and upon completion thereof, or
9 earlier with the agreement of the Minister, the provisions of
10 Section 23.07 or that part of those provisions which pursuant to
11 the said approval are to be satisfied by the alternative project
12 shall cease to apply PROVIDED FURTHER that the provisions
13 of Section 23.07 shall cease to apply upon completion of an
14 alternative project which represents, or alternative projects which
15 together represent, economic development in the said State
16 (either alone or in the aggregate with other alternative projects)
17 of value approximately equivalent to a plant for the production
18 of four million (4,000,000) tonnes of metallised agglomerates per
19 annum.
20 (c) For the purposes of this Section "alternative project" means:
21 (i) a project to establish and operate within the said State plant
22 for the production of metallised agglomerates;
23 (ii) a project to establish and operate within the said State plant
24 which processes and adds value to minerals mined in the
25 said State; or
26 (iii) any other project within the said State which the Minister
27 approves as providing as equivalent benefits to the State to
28 a project to establish and operate within the said State plant
29 for the production of metallised agglomerates,
30 to be undertaken by:
31 (iv) the Joint Venturers (excluding a project referred to in
32 subparagraph (i)): or
33 (v) a related body corporate or related bodies corporate
34 (within the meaning of the Corporations Act 2001
35 (Commonwealth) of a Joint Venturer solely or in
36 conjunction with a Joint Venturer; or
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1 (vi) a joint venture in which a Joint Venturer or its related body
2 corporate has a majority participating interest; or
3 (vii) any other third person or persons which the Joint Venturers
4 and the Minister accept as having the requisite financial
5 and technical capacity and expertise to undertake solely,
6 or in conjunction with the Joint Venturers, the relevant
7 project referred to in subparagraph (i), (ii) or (iii)."
8 (101) deleting Section 25.04 and substituting the following:
9 "SECTION 25.04 ASSIGNMENT
10 (a) Subject to the provisions of this Section a Joint Venturer may at
11 any time assign, mortgage, charge, sublet or dispose of to any
12 person with the consent of the Minister (save that for a twelve
13 (12) month period commencing on the variation date a Joint
14 Venturer may assign to an associated company as of right) the
15 whole or any part of the rights of the Joint Venturer hereunder
16 (including its rights to or as the holder, together with the other
17 Joint Venturers, of the Mining Lease or any other lease, licence,
18 easement, or other title) and of the obligations of the Joint
19 Venturer hereunder subject however in the case of an assignment,
20 subletting or disposition to the assignee, sublessee or disponee
21 (as the case may be) executing in favour of the State (unless the
22 Minister otherwise determines) a Deed of Covenant in a form to
23 be approved by the Minister to comply with, observe and perform
24 the provisions hereof on the part of the Joint Venturer to be
25 complied with, observed or performed in regard to the matter or
26 matters the subject of such assignment, subletting or disposition.
27 (b) Notwithstanding anything contained in or anything done under
28 or pursuant to paragraph (a) the Joint Venturer will at all times
29 during the currency of this Agreement be and remain liable for
30 the due and punctual performance and observance of all the
31 covenants and agreements on its part contained in this Agreement
32 and in the Mining Lease or any other lease, licence, easement or
33 other title the subject of an assignment, mortgage, subletting or
34 disposition under paragraph (a) PROVIDED THAT the Minister
35 may agree to release the Joint Venturer from such liability where
36 the Minister considers such release will not be contrary to the
37 interests of the State.
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1 (c) Notwithstanding the provisions of the Mining Act 1978, the
2 LAA, the Transfer of Land Act or any other Act, insofar as the
3 same or any of them may apply:
4 (i) no assignment, mortgage, charge, sublease or disposition
5 made or given pursuant to this Section of or over the
6 Mining Lease or any other lease, licence, easement or
7 other title granted under or pursuant to this Agreement or
8 held pursuant to this Agreement in accordance with the
9 provisions of paragraph (a) and the terms of consent
10 thereunder; and
11 (ii) no transfer, assignment, mortgage or sublease made or
12 given in exercise of any power contained in any such
13 mortgage or charge,
14 shall require any approval or consent other than such consent as
15 may be necessary under paragraph (a) and no equitable mortgage
16 or charge shall be rendered ineffectual by the absence of any
17 approval or consent (otherwise than as required by this Section)
18 or because the same is not registered under the provisions of the
19 Mining Act 1978."
20 (102) deleting Section 25.05 (other than the heading) and substituting "Not
21 used.";
22 (103) deleting Section 25.06 (other than the heading) and substituting "Not
23 used.";
24 (104) in Section 25.07 by:
25 (a) deleting "Sections 13.02," and substituting "Section"; and
26 (b) deleting ", 16.05 and 17.02 and (unless and until the townsite
27 concerned is declared a townsite pursuant to Section 10 of the
28 Land Act) under item (v) of Section 18.01 (a)";
29 (105) inserting after Section 25.07 the following new Sections:
30 "SECTION 25.08 SUBCONTRACTING Without
31 affecting the liabilities of the parties under this Agreement each of the
32 State and the Joint Venturers will have the right from time to time to
33 entrust to third parties the carrying out of any portions of the activities
34 which it is authorised or obliged to carry out hereunder.
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1 SECTION 25.09 PROVISION OF CERTAIN INFORMATION
2 RELATING TO PROPOSALS AND OTHER
3 MATTERS
4 The Joint Venturers shall:
5 (a) provide spatial information relating to proposals and other
6 relevant matters submitted or otherwise notified under this
7 Agreement in a form that can be accessed, viewed and uploaded
8 into a geographic information system (for example, by the
9 provision of shapefiles); and
10 (b) at the request of the Minister, promptly provide 'as constructed'
11 drawings of works, installations or facilities constructed or
12 modified pursuant to this Agreement,
13 and without limiting any other Sections of this Agreement, which
14 information will be provided on a confidential basis to the State.
15 SECTION 25.10 ACCESS BY MINISTER Subject to
16 compliance with reasonable safety requirements, the Joint Venturers
17 will permit and facilitate the Minister and any other officer or person
18 authorised by him to enter upon any land and access any works,
19 installation or facility for the purpose of making any survey, inspection
20 or examination relating to the administration or purposes of this
21 Agreement."
22 (106) in Section 26.01 by:
23 (a) in paragraph (a) after the words "or other document of title",
24 inserting "granted under or pursuant to, or held pursuant to, this
25 Agreement"; and
26 (b) in paragraph (d) by:
27 (i) deleting "mineral lease" and substituting "Mining Lease";
28 (ii) deleting "under any lease licence easement" and
29 substituting "under the Mining Lease and any other lease
30 licence easement"; and
31 (iii) after the words "pursuant hereto" inserting the words "or
32 held pursuant hereto";
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1 (107) in Section 26.04 by deleting "occupied by the Joint Venturers" and
2 substituting "the subject of any lease licence easement or other title
3 granted under or pursuant to, or held pursuant to, this Agreement";
4 (108) in Section 26.05 by:
5 (a) in paragraph (a):
6 (i) deleting "mineral lease" and substituting "Mining Lease";
7 (ii) deleting "Crown Grant" and substituting "grant";
8 (iii) deleting "Land Act" and substituting "LAA"; and
9 (b) in paragraph (c) deleting "work research surveys and
10 reconnaissance" and substituting "studies and investigations";
11 (109) in Section 26.06 by:
12 (a) after the words "Upon cessation of this Agreement" inserting the
13 words "(and, for the avoidance of doubt, subject to the EP Act
14 and Section 9AB.01)";
15 (b) deleting "mineral lease" and substituting "Mining Lease";
16 (c) after the words "grant made hereunder" inserting the words "or
17 pursuant hereto"; and
18 (d) deleting "and including also the Joint Venturers' wharf";
19 (110) in Section 26.07 by deleting "and the Joint Venturers' wharf";
20 (111) in Section 27.01 by inserting after the full stop the sentence "As a
21 separate independent indemnity the Joint Venturers will indemnify and
22 keep indemnified the State and its servants agents and contractors in
23 respect of all actions suits claims demands or costs of third parties
24 arising out of or in connection with any use, making available for use
25 or other activities of the Joint Venturers as referred to in
26 Section 9A.03."
27 (112) deleting Section 28.01 (other than the heading) and substituting the
28 following:
29 "The parties to this Agreement may from time to time by agreement in
30 writing add to, substitute for, cancel or vary all or any of the provisions
31 of this Agreement for the purpose of more efficiently or satisfactorily
32 implementing or facilitating any of the objects of this Agreement."
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amended
s. 9
1 (113) deleting Section 28.02 and substituting the following:
2 "SECTION 28.02 TABLING OF AGREEMENT The Minister
3 shall cause any agreement made pursuant to Section 28.01 in respect of
4 any addition, substitution, cancellation or variation of the provisions of
5 this Agreement to be laid on the Table of each House of Parliament
6 within 12 sitting days next following its execution."
7 (114) inserting after Section 28.02 the following new Section:
8 "SECTION 28.03 OPERATIONAL DATE Either House
9 may, within twelve (12) sitting days of that House after the agreement
10 has been laid before it, pass a resolution disallowing the agreement, but
11 if after the last day on which the agreement might have been disallowed
12 neither House has passed such a resolution the agreement shall have
13 effect from and after that last day."
14 (115) deleting Section 29.01 and substituting the following:
15 "SECTION 29.01 MINISTER MAY VARY PERIODS OR DATES
16 (a) Notwithstanding any other provision of this Agreement the
17 Minister may at the request of the Joint Venturers from time to
18 time vary or further vary any period or date referred to in this
19 Agreement as the Minister thinks fit whether or not the period or
20 date to be varied has expired or passed.
21 (b) The dates specified in Sections 5.02 and 6A.01 for the
22 submission of proposals (and the corresponding date in
23 Section 6.07) may only be extended once pursuant to this Section
24 and for a period not exceeding twenty four (24) months."
25 (116) in Section 30.01 by:
26 (a) deleting "Civil" and substituting "Public"; and
27 (b) renumbering the existing Section 30.01 as paragraph (a) and then
28 inserting the following new paragraph:
29 "(b) Paragraph (a) does not preclude the parties providing notices,
30 consents or other writings required by this Agreement by
31 electronic means in accordance with a protocol agreed from time
32 to time by the parties."
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 (117) inserting after Section 30.01 the following new Clause:
2 "CLAUSE XXXA
3 SECTION 30A.01 CONSULTATION The Joint Venturers
4 must during the currency of this Agreement keep the State fully
5 informed on a confidential basis concerning any action the Joint
6 Venturers propose to take with any third party (including the
7 Commonwealth or any Commonwealth constituted agency, authority,
8 instrumentality or other body) which might significantly affect the
9 overall interest of the State under this Agreement."
10 (118) in Section 31.02 by deleting "Year 7" and substituting
11 "17 October 2022";
12 (119) in Section 32.01 by:
13 (c) deleting "an umpire" and substituting "a third and presiding
14 arbitrator"; and
15 (d) deleting "Arbitration Act 1895" and substituting "Commercial
16 Arbitration Act 2012 (WA)";
17 (120) in Section 32.02 by deleting each occurrence of "and the umpire";
18 (121) inserting after Section 32.02 the following new Clause:
19 "CLAUSE XXXIIA
20 SECTION 32A.01 TERM OF AGREEMENT Subject to the
21 provisions of Section 6.07, Section 8.01 and Clause XXVI, this
22 Agreement shall expire on the expiration or sooner determination or
23 surrender of the Mining Lease."
24 (122) in Section 33.01 by:
25 (a) inserting in the heading after the words "APPLICABLE LAW"
26 the words "AND SUBMISSION TO JURISDICTION"; and
27 (b) inserting before the full stop the words "and, except for matters
28 to be referred to arbitration pursuant to this Agreement, the
29 parties submit to the jurisdiction of the courts of Western
30 Australia in relation to any action or proceeding to settle any
31 dispute or question arising out of or in connection with this
32 Agreement";
page 110
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 (123) deleting The Schedule and substituting the following new Schedule:
2 "THE SCHEDULE
3 WESTERN AUSTRALIA
4 MINING ACT 1978
5 IRON ORE (RHODES RIDGE) AGREEMENT AUTHORISATION
6 ACT 1972
7 MINING LEASE
8
9 MINING LEASE NO:
10 The Minister for Mines a corporation sole established by the Mining
11 Act 1978 (WA) with power to grant leases of land for the purposes of
12 mining in consideration of the rents hereinafter reserved and of the
13 covenants on the part of the Lessee described in the First Schedule to
14 this lease and of the conditions hereinafter contained and pursuant to
15 the Mining Act 1978 (WA) (except as otherwise provided by the
16 Agreement (hereinafter called "the Agreement") described in the
17 Second Schedule to this lease) hereby leases to the Lessee the land
18 more particularly delineated and described in the Third Schedule to this
19 lease for iron ore subject however to the exceptions and reservations
20 set out in the Fourth Schedule to this lease and to any other exceptions
21 and reservations which subject to the Agreement are by the Mining
22 Act 1978 (WA) and by any Act for the time being in force deemed to
23 be contained herein to hold to the Lessee this lease for a term of twenty
24 one years commencing on the date set out in the Fifth Schedule to this
25 lease (subject to the sooner determination of the said term upon the
26 cessation or determination of the Agreement) upon and subject to such
27 of the provisions of the Mining Act 1978 (WA) except as otherwise
28 provided by the Agreement as are applicable to mining leases granted
29 thereunder and to the terms covenants and conditions set out in the
30 Agreement and to the covenants and conditions herein contained or
31 implied and any further conditions or endorsements set out in the Sixth
32 Schedule to this lease or hereinafter endorsed hereon the Lessee paying
33 therefor the rents for the time being and from time to time prescribed
34 pursuant to the provisions of the Mining Act 1978 (WA) at the times
35 and in the manner so prescribed and royalties as provided in the
36 Agreement with the right during the currency of the Agreement and in
page 111
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 accordance with the provisions of the Agreement to take three (3)
2 successive renewals of the term each for a further period of twenty one
3 (21) years upon the same terms and conditions as the previous term and
4 to apply to the Minister for one (1) further renewal for a period up to
5 twenty one (21) years upon such terms and conditions as the Minister
6 for Mines determines subject to the sooner determination of the term
7 upon cessation or determination of the Agreement PROVIDED
8 ALWAYS that this lease shall not be determined or forfeited otherwise
9 than in accordance with the Agreement.
10 In this lease:
11 - "Lessee" includes the successors and permitted assigns of the
12 Lessee.
13 - If the Lessee be more than one the liability of the Lessee hereunder
14 shall be joint and several.
15 - Reference to an Act includes all amendments to that Act for the time
16 being in force and also any Act passed in substitution therefor or in
17 lieu thereof and to the regulations and by-laws for the time being in
18 force thereunder.
19 - Reference to "the Agreement" means such Agreement as from time
20 to time added to, varied or amended.
21 FIRST SCHEDULE
22 HAMERSLEY RESOURCES LIMITED ACN 004 887 656 of
23 Level 18, Central Park, 152-158 St Georges Terrace, Perth, Western
24 Australia
25 WRIGHT PROSPECTING PTY LTD ACN 008 677 021 of Suite 3,
26 Level 1, 254 Rokeby Road, Subiaco, Western Australia
27 SECOND SCHEDULE
28 The Agreement authorised by and as scheduled to the Iron Ore (Rhodes
29 Ridge) Agreement Authorisation Act 1972, as from time to time added
30 to, varied or amended.
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Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
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s. 9
1 THIRD SCHEDULE
2 (Description of land:)
3 Locality:
4 Mineral Field: Area, etc.:
5 Being the land delineated on Survey Diagram No. and recorded
6 in the Department of Energy, Mines, Industry Regulation and Safety,
7 Perth.
8 FOURTH SCHEDULE
9 All petroleum as defined in the Petroleum and Geothermal Energy
10 Act 1967 (WA) on or below the surface of the land the subject of this
11 lease is reserved to the Crown in right of the State of Western Australia
12 with the right of the Crown in right of the State of Western Australia
13 and any person lawfully claiming thereunder or otherwise authorised to
14 do so to have access to the land the subject of this lease for the purpose
15 of searching for and for the operations of obtaining petroleum (as so
16 defined) in any part of the land.
17 FIFTH SCHEDULE
18 (Date of commencement of the lease).
19 SIXTH SCHEDULE
20 ENDORSEMENTS AND CONDITIONS
21 Endorsements
22 [Such endorsements which the Minister for Mines may, consistent with
23 the provisions of the Agreement, determine and impose in respect of
24 this lease including during the term of the Agreement]
25 Conditions
26 [Such conditions which the Minister for Mines may, consistent with the
27 provisions of the Agreement, determine and impose in respect of this
28 lease including during the term of the Agreement]
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Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 IN witness whereof the Minister for Mines has affixed his seal and set
2 his hand hereto
3 this day of 20 "
4 (124) inserting after The Schedule the following new Schedules:
5 "SECOND SCHEDULE
6 WESTERN AUSTRALIA
7 MINING ACT 1978
8 IRON ORE (RHODES RIDGE) AGREEMENT AUTHORISATION
9 ACT 1972
10 MISCELLANEOUS LICENCE FOR A RAILWAY AND OTHER PURPOSES
11
12 No. MISCELLANEOUS LICENCE [ ]
13 WHEREAS by the Agreement (hereinafter called "the Agreement")
14 authorised by and scheduled to the Iron Ore (Rhodes Ridge) Agreement
15 Authorisation Act 1972, as from time to time added to, varied or
16 amended, the State agreed to grant to [ ] (hereinafter with their
17 successors and permitted assigns called "the Joint Venturers") a
18 miscellaneous licence for the construction operation and maintenance
19 of a Railway (as defined in Section 9A.05(1) of the Agreement and
20 otherwise as provided in the Agreement) and, if applicable, other
21 purposes AND WHEREAS the Joint Venturers pursuant to
22 Section 9A.05(f)(i) of the Agreement have made application for the
23 said licence;
24 NOW in consideration of the rents reserved by and the provisions of
25 the Agreement and in pursuance of the Iron Ore (Rhodes Ridge)
26 Agreement Authorisation Act 1972, as from time to time added to,
27 varied or amended, the Joint Venturers are hereby granted by this
28 licence authority to conduct on the land the subject of this licence as
29 more particularly delineated and described from time to time in the
30 Schedule hereto all activities (including the taking of stone, sand, clay
31 and gravel, the provision of temporary accommodation facilities for the
32 railway workforce in accordance with the Agreement and, subject to
33 the Rights in Water and Irrigation Act 1914 (WA), the operation of
34 water bores) necessary for the planning, design, construction,
page 114
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 commissioning, operation and maintenance on the land the subject of
2 this licence of the Railway and Additional Infrastructure (as defined in
3 Section 9A.05(1) of the Agreement) and access roads to be located on
4 the land the subject of this licence in accordance with the provisions of
5 the Agreement and proposals approved under the Agreement, for the
6 term of fifty (50) years from the date hereof (subject to the sooner
7 determination of the term upon the determination of the Agreement)
8 and upon and subject to the terms covenants and conditions set out in
9 the Agreement and the Mining Act 1978 (WA) as it applies to this
10 licence, and any amendments to the Agreement and the Mining
11 Act 1978 (WA) from time to time and to the terms and conditions (if
12 any) now or hereafter endorsed hereon and the payment of rentals in
13 respect of this licence in accordance with Section 9A.05(f)(i)(A) of the
14 Agreement PROVIDED ALWAYS that this licence shall not be
15 determined or forfeited otherwise than in accordance with the
16 Agreement.
17 In this licence:
18 - If the Joint Ventures be more than one the liability of the Joint
19 Venturers hereunder shall be joint and several.
20 - Reference to an Act includes all amendments to that Act for the time
21 being in force and also any Act passed in substitution therefore or in
22 lieu thereof and to the regulations and by-laws of the time being in
23 force thereunder.
24 - Reference to "the Agreement" means such agreement as from time
25 to time added to, varied or amended.
26 - The terms "approved proposals", "Railway", "Railway Operation
27 Date", and "Railway spur line" have the meanings given in the
28 Agreement.
29 ENDORSEMENTS AND CONDITIONS
30 Endorsements
31 1. This licence is granted in accordance with proposals submitted on
32 [ ], and approved by the Minister (as defined in the Agreement)
33 on [ ], under the Agreement.
34 2. The Joint Venturers are permitted to, in accordance with approved
35 proposals, take stone, sand, clay and gravel from the land the
page 115
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 subject of this licence for the construction, operation and
2 maintenance of the Railway (including any Railway spur line)
3 constructed within or approved for construction within the area
4 of land the subject of this licence.
5 3. Notwithstanding the Mining Act 1978 (WA), no royalty shall be
6 payable under the Mining Act 1978 (WA) in respect of stone,
7 sand, clay and gravel which the Joint Venturers are permitted by
8 the Agreement to obtain from the land the subject of this licence.
9 4. [Any further endorsement which the Minister for Mines may,
10 consistent with the provisions of the Agreement, determines and
11 thereafter impose in respect of this licence including during the
12 term of the Agreement.]
13 Conditions
14 1. (a) Except as provided in paragraph (b), the Joint Venturers
15 shall within 2 years after the Railway Operation Date
16 surrender in accordance with the provisions of the Mining
17 Act 1978 (WA) the area of this licence down to a maximum
18 of 100 metres width or as otherwise approved by the
19 Minister (as defined in the Agreement) for the safe operation
20 of the Railway then constructed or approved for
21 construction under approved proposals.
22 (b) Paragraph (a) shall not apply to land the subject of this
23 licence that was included in this licence pursuant to
24 Section 9A.05(f)(viii) or Section 9A.05(f)(ix) of the
25 Agreement.
26 2. The Joint Venturers shall as soon as possible after the construction
27 of a Railway spur line or of an expansion or extension thereof as
28 the case may be surrender in accordance with the Mining
29 Act 1978 (WA) the land the subject of this licence that was
30 included in this licence pursuant to Section 9A.05(viii) of the
31 Agreement for the purpose of such construction down to a
32 maximum of 100 metres in width or as otherwise approved by the
33 Minister (as defined in the Agreement) for the safe operation of
34 that Railway spur line or expansion or extension thereof as the
35 case may be then constructed or approved for construction under
36 approved proposals.
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Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 3. [Any further conditions which the Minister for Mines may,
2 consistent with the provisions of the Agreement, determines and
3 thereafter impose in respect of this licence including during the
4 term of the Agreement.]
5 SCHEDULE
6 Land description
7 Locality:
8 Mineral Field
9 Area:
10
11 DATED at Perth this day of .
12 MINISTER FOR MINES
13 THIRD SCHEDULE
14 WESTERN AUSTRALIA
15 MINING ACT 1978
16 IRON ORE (RHODES RIDGE) AGREEMENT AUTHORISATION
17 ACT 1972
18 MISCELLANEOUS LICENCE FOR A LATERAL ACCESS ROAD
19
20 No. MISCELLANEOUS LICENCE [ ]
21 WHEREAS by the Agreement (hereinafter called "the Agreement")
22 authorised by and as scheduled to the Iron Ore (Rhodes Ridge)
23 Agreement Authorisation Act 1972, as from time to time added to,
24 varied or amended, the State agreed to grant to [ ] (hereinafter
25 with their successors and permitted assigns called "the Joint
26 Venturers") a miscellaneous licence for the construction use
27 and maintenance of a Lateral Access Road (as defined in the
28 Agreement) AND WHEREAS the Joint Venturers pursuant to
page 117
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 Section 9A.05(f)(i)(B) of the Agreement have made application for the
2 said licence;
3 NOW in consideration of the rents reserved by and the provisions of
4 the Agreement and in pursuance of the Iron Ore (Rhodes Ridge)
5 Agreement Authorisation Act 1972, as from time to time added to,
6 varied or amended, the Joint Venturers are hereby authorised to
7 construct use and maintain a road on the land more particularly
8 delineated and described from time to time in the Schedule hereto in
9 accordance with the provisions of the Agreement and proposals
10 approved under the Agreement for a term of four (4) years commencing
11 on the date hereof (subject to the sooner determination of the term upon
12 the cessation or determination of the Agreement) and for the purposes
13 and upon and subject to the terms covenants and conditions set out in
14 the Agreement and the Mining Act 1978 (WA) as it applies to this
15 licence, and any amendments to the Agreement and the Mining
16 Act 1978 (WA) from time to time and to the terms and conditions (if
17 any) now or hereafter endorsed hereon and the payment of rentals in
18 respect of this licence in accordance with Section 9A.05(f)(i)(B) of the
19 Agreement PROVIDED ALWAYS that this licence shall not be
20 determined or forfeited otherwise than in accordance with the
21 Agreement.
22 In this licence:
23 - If the Joint Venturers be more than one the liability of the Joint
24 Venturers hereunder shall be joint and several.
25 - Reference to an Act includes all amendments to that Act for the time
26 being in force and also any Act passed in substitution therefore or in
27 lieu thereof and to the regulations and by-laws of the time being in
28 force thereunder.
29 - Reference to "the Agreement" means such agreement as from time
30 to time added to, varied or amended.
31 ENDORSEMENTS AND CONDITIONS
32 Endorsements
33 1. This licence is granted in accordance with proposals submitted on
34 [ ], and approved by the Minister (as defined in the Agreement)
35 on [ ], under the Agreement.
page 118
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 2. [Any further endorsement which the Minister for Mines may,
2 consistent with the provisions of the Agreement, determines and
3 thereafter impose in respect of this licence including during the
4 term of the Agreement.]
5 Conditions
6 [Such conditions which the Minister for Mines may, consistent with
7 the provisions of the Agreement, determines and thereafter impose in
8 respect of the licence, including during the term of the Agreement.]
9 SCHEDULE
10 Description of land
11 Locality:
12 Mineral Field:
13 Area:
14
15 DATED at Perth this day of .
16 MINISTER FOR MINES
17 FOURTH SCHEDULE
18 WESTERN AUSTRALIA
19 MINING ACT 1978
20 IRON ORE (RHODES RIDGE) AGREEMENT AUTHORISATION
21 ACT 1972
22 MISCELLANEOUS LICENCE FOR A LATERAL ACCESS ROAD
23
24 No. MISCELLANEOUS LICENCE [ ]
25 WHEREAS by the Agreement (hereinafter called "the Agreement")
26 authorised by and as scheduled to the Iron Ore (Rhodes Ridge)
27 Agreement Authorisation Act 1972, as from time to time added to,
page 119
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 varied or amended, the State agreed to grant to [ ] (hereinafter
2 with their successors and permitted assigns called "the Joint
3 Venturers") a miscellaneous licence for the construction use and
4 maintenance of a Lateral Access Road (as defined in the Agreement)
5 AND WHEREAS the Joint Venturers pursuant to Section 9A.05(f)(ii)
6 of the Agreement have made application for the said licence;
7 NOW in consideration of the rents reserved by and the provisions of
8 the Agreement and in pursuance of the Iron Ore (Rhodes Ridge)
9 Agreement Authorisation Act 1972, as from time to time added to,
10 varied or amended, the Joint Venturers are hereby authorised to
11 construct use and maintain a road on the land more particularly
12 delineated and described from time to time in the Schedule hereto in
13 accordance with the provisions of the Agreement and proposals
14 approved under the Agreement for a term of four (4) years commencing
15 on the date hereof (subject to the sooner determination of the term upon
16 the cessation or determination of the Agreement) and for the purposes
17 and upon and subject to the terms covenants and conditions set out in
18 the Agreement and the Mining Act 1978 (WA) as it applies to this
19 licence, and any amendments to the Agreement and the Mining
20 Act 1978 (WA) from time to time and to the terms and conditions (if
21 any) now or hereafter endorsed hereon and the payment of rentals in
22 respect of this licence in accordance with Section 9A.05(f)(ii) of the
23 Agreement PROVIDED ALWAYS that this licence shall not be
24 determined or forfeited otherwise than in accordance with the
25 Agreement.
26 In this licence:
27 - If the Joint Venturers be more than one the liability of the Joint
28 Venturers hereunder shall be joint and several.
29 - Reference to an Act includes all amendments to that Act for the time
30 being in force and also any Act passed in substitution therefore or in
31 lieu thereof and to the regulations and by-laws of the time being in
32 force thereunder.
33 - Reference to "the Agreement" means such agreement as from time
34 to time added to, varied or amended.
page 120
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 ENDORSEMENTS AND CONDITIONS
2 Endorsements
3 1. This licence is granted in accordance with proposals submitted on
4 [ ], and approved by the Minister (as defined in the Agreement)
5 on [ ], under the Agreement.
6 2. [Any further endorsement which the Minister for Mines may,
7 consistent with the provisions of the Agreement, determines and
8 thereafter impose in respect of this licence including during the
9 term of the Agreement.]
10 Conditions
11 [Such conditions which the Minister for Mines may, consistent with
12 the provisions of the Agreement, determines and thereafter impose in
13 respect of the licence, including during the term of the Agreement.]
14 SCHEDULE
15 Description of land
16 Locality:
17 Mineral Field:
18 Area:
19
20 DATED at Perth this day of .
21 MINISTER FOR MINES
page 121
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
1 FIFTH SCHEDULE
2 WESTERN AUSTRALIA
3 MINING ACT 1978
4 IRON ORE (RHODES RIDGE) AGREEMENT AUTHORISATION
5 ACT 1972
6 EXPLORATION LICENCES AND MINING LEASES
7
8 E 47/622-I
9 E 47/623-I
10 E 47/624-I
11 E 47/542-I
12 E 47/541-I
13 E 47/540-I
14 E 47/539-I
15 M 46/437-I
16 M 46/438-I
17 M 46/439-I
18 M 46/440-I"
page 122
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 2
amended
s. 9
1 EXECUTED as a deed.
2
3
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by )
HAMERSLEY RESOURCES LIMITED )
ACN 004 887 656 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
page 123
Iron Ore Agreements Legislation Amendment Bill 2024
Part 2 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 9
EXECUTED by )
WRIGHT PROSPECTING PTY LTD )
ACN 008 677 021 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] PAUL BENNETT
Director
[Signature] YASMIN BROUGHTON
Director/Secretary
EXECUTED by )
AUSTRALIAN MINING & SMELTING )
PTY LTD ACN 004 896 726 )
in accordance with section 127(1) of the )
Corporations Act 2001 (Cth) )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
1
page 124
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 10
1 Part 3 -- Iron Ore (Hamersley Range) Agreement
2 Act 1963 amended
3 10. Act amended
4 This Part amends the Iron Ore (Hamersley Range) Agreement
5 Act 1963.
6 11. Section 2 amended
7 In section 2 insert in alphabetical order:
8
9 Seventeenth Supplementary Agreement means the
10 agreement a copy of which is set out in the Eighteenth
11 Schedule;
12 Sixteenth Supplementary Agreement means the
13 agreement a copy of which is set out in the Seventeenth
14 Schedule;
15
16 12. Sections 4I and 4J inserted
17 After section 4H insert:
18
19 4I. Sixteenth Supplementary Agreement
20 (1) The Sixteenth Supplementary Agreement is ratified.
21 (2) The implementation of the Sixteenth Supplementary
22 Agreement is authorised.
23 (3) Without limiting or otherwise affecting the application
24 of the Government Agreements Act 1979, the Sixteenth
25 Supplementary Agreement operates and takes effect
26 despite any enactment or other law.
page 125
Iron Ore Agreements Legislation Amendment Bill 2024
Part 3 Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 13
1 4J. Seventeenth Supplementary Agreement
2 (1) The Seventeenth Supplementary Agreement is ratified.
3 (2) The implementation of the Seventeenth Supplementary
4 Agreement is authorised.
5 (3) Without limiting or otherwise affecting the application
6 of the Government Agreements Act 1979, the
7 Seventeenth Supplementary Agreement operates and
8 takes effect despite any enactment or other law.
9
10 13. Seventeenth and Eighteenth Schedules inserted
11 After the Sixteenth Schedule insert:
12
13 Seventeenth Schedule -- Sixteenth Supplementary
14 Agreement
15 [s. 2]
16 2024
17
18 THE HONOURABLE ROGER COOK
19 PREMIER OF THE STATE OF WESTERN AUSTRALIA
20
21 AND
22
23 HAMERSLEY IRON PTY. LIMITED
24 ACN 004 558 276
25
page 126
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 13
1
2 IRON ORE (HAMERSLEY RANGE) AGREEMENT 1963
3 RATIFIED VARIATION AGREEMENT
4
5
6 [Solicitor's details]
7
8
9 THIS AGREEMENT is made this 26 day of August 2024
10
11 BETWEEN
12
13 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
14 Australia, acting for and on behalf of the said State and instrumentalities from
15 time to time (the "State")
16 AND
17 HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 18, Central
18 Park, 152-158 St Georges Terrace, Perth, Western Australia (Company).
19
20 RECITALS
21 A. The State and the Company are the parties to the agreement dated
22 30 July 1963 approved by and scheduled to the Iron Ore (Hamersley
23 Range) Agreement Act 1963 and which as subsequently added to,
24 varied or amended is referred to in this Agreement as the "Principal
25 Agreement".
26 B. The State and the Company wish to vary the Principal Agreement.
27
page 127
Iron Ore Agreements Legislation Amendment Bill 2024
Part 3 Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 13
1 THE PARTIES AGREE AS FOLLOWS:
2 1. Ratification and operation
3 (1) This Agreement, other than this clause, does not come into operation
4 except in accordance with subclause (2).
5 (2) This Agreement, other than this clause, comes into operation on the day
6 on which it is ratified by an Act of the Parliament of Western Australia
7 ("Operative Date") unless, before that day, it terminates under
8 subclauses (4) or (5).
9 (3) The State must introduce in the Parliament of Western Australia before
10 30 September 2024 or a later date agreed between the parties to this
11 Agreement, a Bill to ratify this Agreement and must endeavour to
12 secure its passage as an Act.
13 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
14 of the Parliament of Western Australia then, unless the parties to this
15 Agreement otherwise agree, this Agreement terminates on that day and
16 no party hereto will have any claim against any other party hereto with
17 respect to any matter or thing arising out of, done, performed, or
18 omitted to be done or performed under this Agreement.
19 (5) The parties agree that if the Principal Agreement is otherwise
20 determined in accordance with its provisions on a day prior to the
21 Operative Date, then this Agreement shall also terminate on and from
22 that day and no party hereto will have any claim against any other party
23 hereto with respect to any matter or thing arising out of, done,
24 performed, or omitted to be done or performed under this Agreement.
25 2. Variations of the Principal Agreement
26 Clause 1 of the Principal Agreement is varied by inserting after
27 paragraph (f) in the definition of "Integration Agreement" the
28 following paragraph:
29 "(g) the agreement authorised by and as scheduled to the Iron Ore
30 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
31 time to time added to, varied or amended; or",
32 and renumbering the following paragraphs of that definition
33 accordingly.
page 128
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 13
1 EXECUTED as a deed.
2
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by )
HAMERSLEY IRON PTY. LIMITED )
ACN 004 558 276 in accordance with )
section 127(1) of the Corporations )
Act 2001 (Cth) )
[Signature] SIMON RICHMOND
Director
[Signature]
SOWMYA KOLLI
Director/Secretary
page 129
Iron Ore Agreements Legislation Amendment Bill 2024
Part 3 Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 13
1 Eighteenth Schedule -- Seventeenth Supplementary
2 Agreement
3 [s. 2]
4 2024
5
6 THE HONOURABLE ROGER COOK
7 PREMIER OF THE STATE OF WESTERN AUSTRALIA
8
9 AND
10
11 HAMERSLEY IRON PTY. LIMITED
12 ACN 004 558 276
13
14
15
16 IRON ORE (HAMERSLEY RANGE) AGREEMENT 1968
17 RATIFIED VARIATION AGREEMENT
18
19
20
21 [Solicitor's details]
22
23
page 130
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 13
1 THIS AGREEMENT is made this 26 day of August 2024
2
3 BETWEEN
4
5 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
6 Australia, acting for and on behalf of the said State and instrumentalities from
7 time to time (the "State")
8 AND
9 HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 18, Central
10 Park, 152-158 St Georges Terrace, Perth, Western Australia (Company).
11
12 RECITALS
13 A. The State and the Company are the parties to the agreement dated
14 8 October 1968 approved by and scheduled to the Iron Ore (Hamersley
15 Range) Agreement Act Amendment Act 1968 and which as
16 subsequently added to, varied or amended is referred to in this
17 Agreement as the "Principal Agreement".
18 B. The State and the Company wish to vary the Principal Agreement.
19
20 THE PARTIES AGREE AS FOLLOWS:
21 1. Ratification and operation
22 (1) This Agreement, other than this clause, does not come into operation
23 except in accordance with subclause (2).
24 (2) This Agreement, other than this clause, comes into operation on the day
25 on which it is ratified by an Act of the Parliament of Western Australia
26 ("Operative Date") unless, before that day, it terminates under
27 subclauses (4) or (5).
page 131
Iron Ore Agreements Legislation Amendment Bill 2024
Part 3 Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 13
1 (3) The State must introduce in the Parliament of Western Australia before
2 30 September 2024 or a later date agreed between the parties to this
3 Agreement, a Bill to ratify this Agreement and must endeavour to
4 secure its passage as an Act.
5 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
6 of the Parliament of Western Australia then, unless the parties to this
7 Agreement otherwise agree, this Agreement terminates on that day and
8 no party hereto will have any claim against any other party hereto with
9 respect to any matter or thing arising out of, done, performed, or
10 omitted to be done or performed under this Agreement.
11 (5) The parties agree that if the Principal Agreement is otherwise
12 determined in accordance with its provisions on a day prior to the
13 Operative Date, then this Agreement shall also terminate on and from
14 that day and no party hereto will have any claim against any other party
15 hereto with respect to any matter or thing arising out of, done,
16 performed, or omitted to be done or performed under this Agreement.
17 2. Variations of the Principal Agreement
18 Clause 1 of the Principal Agreement is varied by inserting after
19 paragraph (f) in the definition of "Integration Agreement" the
20 following paragraph:
21 "(g) the agreement authorised by and as scheduled to the Iron Ore
22 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
23 time to time added to, varied or amended; or",
24 and renumbering the following paragraphs of that definition
25 accordingly.
26
page 132
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 13
1 EXECUTED as a deed.
2
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by )
HAMERSLEY IRON PTY. LIMITED )
ACN 004 558 276 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
3
page 133
Iron Ore Agreements Legislation Amendment Bill 2024
Part 4 Iron Ore (Hope Downs) Agreement Act 1992 amended
s. 14
1 Part 4 -- Iron Ore (Hope Downs) Agreement Act 1992
2 amended
3 14. Act amended
4 This Part amends the Iron Ore (Hope Downs) Agreement
5 Act 1992.
6 15. Section 3 amended
7 (1) In section 3 insert in alphabetical order:
8
9 the Third Variation Agreement means the agreement a
10 copy of which is set out in Schedule 4.
11
12 (2) In section 3 in the definition of Agreement delete "Agreement
13 and the Second Variation Agreement;" and insert:
14
15 Agreement, the Second Variation Agreement and the Third
16 Variation Agreement;
17
18 (3) In section 3 in the definition of the Second Variation
19 Agreement delete "Schedule 3." and insert:
20
21 Schedule 3;
22
23 Note: The heading to amended section 3 is to read:
24 Terms used
25
page 134
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hope Downs) Agreement Act 1992 amended Part 4
s. 16
1 16. Section 4 amended
2 After section 4(2B) insert:
3
4 (2C) The Third Variation Agreement is ratified.
5
6 17. Schedule 4 inserted
7 After Schedule 3 insert:
8
9 Schedule 4 -- Third Variation Agreement
10 [s. 3]
11 2024
12
13
14 THE HONOURABLE ROGER COOK
15 PREMIER OF THE STATE OF WESTERN AUSTRALIA
16
17 AND
18
19 HOPE DOWNS IRON ORE PTY LTD
20 ACN 071 514 308
21
22 HAMERSLEY WA PTY LTD
23 ACN 115 004 138
24
25
page 135
Iron Ore Agreements Legislation Amendment Bill 2024
Part 4 Iron Ore (Hope Downs) Agreement Act 1992 amended
s. 17
1
2 IRON ORE (HOPE DOWNS) AGREEMENT 1992
3 RATIFIED VARIATION AGREEMENT
4
5
6
7 [Solicitor's details]
8
9 THIS AGREEMENT is made this 26 day of August 2024
10
11 BETWEEN
12
13 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
14 Australia, acting for and on behalf of the said State and instrumentalities from
15 time to time (the "State")
16 AND
17 HOPE DOWNS IRON ORE PTY LTD ACN 071 514 308 of Level 3, Hppl
18 House, 28-42 Ventnor Avenue, West Perth, Western Australia and
19 HAMERSLEY WA PTY LTD ACN 115 004 138 of Level 18, Central Park,
20 152-158 St Georges Terrace, Perth, Western Australia (Joint Venturers).
21
22 RECITALS
23 A. The State and the Joint Venturers are now the parties to the agreement
24 dated 30 November 1992 ratified by and scheduled to the Iron Ore
25 (Hope Downs) Agreement Act 1992 and which as subsequently added
26 to, varied or amended is referred to in this Agreement as the "Principal
27 Agreement".
28 B. The State and the Joint Venturers wish to vary the Principal Agreement.
page 136
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Hope Downs) Agreement Act 1992 amended Part 4
s. 17
1 THE PARTIES AGREE AS FOLLOWS:
2 1. Ratification and operation
3 (1) This Agreement, other than this clause, does not come into operation
4 except in accordance with subclause (2).
5 (2) This Agreement, other than this clause, comes into operation on the day
6 on which it is ratified by an Act of the Parliament of Western Australia
7 ("Operative Date") unless, before that day, it terminates under
8 subclauses (4) or (5).
9 (3) The State must introduce in the Parliament of Western Australia before
10 30 September 2024 or a later date agreed between the parties to this
11 Agreement, a Bill to ratify this Agreement and must endeavour to
12 secure its passage as an Act.
13 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
14 of the Parliament of Western Australia then, unless the parties to this
15 Agreement otherwise agree, this Agreement terminates on that day and
16 no party hereto will have any claim against any other party hereto with
17 respect to any matter or thing arising out of, done, performed, or
18 omitted to be done or performed under this Agreement.
19 (5) The parties agree that if the Principal Agreement is otherwise
20 determined in accordance with its provisions on a day prior to the
21 Operative Date, then this Agreement shall also terminate on and from
22 that day and no party hereto will have any claim against any other party
23 hereto with respect to any matter or thing arising out of, done,
24 performed, or omitted to be done or performed under this Agreement.
25 2. Variations of the Principal Agreement
26 Clause 1 of the Principal Agreement is varied by inserting after
27 paragraph (f) in the definition of "Integration Agreement" the
28 following paragraph:
29 "(g) the agreement authorised by and as scheduled to the Iron Ore
30 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
31 time to time added to, varied or amended; or",
32 and renumbering the following paragraphs of that definition
33 accordingly.
page 137
Iron Ore Agreements Legislation Amendment Bill 2024
Part 4 Iron Ore (Hope Downs) Agreement Act 1992 amended
s. 17
1 EXECUTED as a deed.
2
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by )
HOPE DOWNS IRON ORE PTY LTD )
ACN 071 514 308 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth)
[Signature]
Director JAY NEWBY
[Signature]
Director/Secretary S. JABEZ HUANG
EXECUTED by )
HAMERSLEY WA PTY LTD )
ACN 115 004 138 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth)
[Signature] SIMON RICHMOND
Director
[Signature]
Director/Secretary SOWMYA KOLLI
3
page 138
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Mount Bruce) Agreement Act 1972 amended Part 5
s. 18
1 Part 5 -- Iron Ore (Mount Bruce) Agreement Act 1972
2 amended
3 18. Act amended
4 This Part amends the Iron Ore (Mount Bruce) Agreement
5 Act 1972.
6 19. Section 2 amended
7 (1) In section 2 insert in alphabetical order:
8
9 2024 Variation Agreement means the agreement a
10 copy of which is set forth in the Sixth Schedule;
11
12 (2) In section 2 in the definition of Agreement delete "Agreement
13 and the 2011 Variation Agreement;" and insert:
14
15 Agreement, the 2011 Variation Agreement and the
16 2024 Variation Agreement;
17
18 20. Section 4E inserted
19 After section 4D insert:
20
21 4E. 2024 Variation Agreement
22 (1) The 2024 Variation Agreement is ratified.
23 (2) The implementation of the 2024 Variation Agreement
24 is authorised.
page 139
Iron Ore Agreements Legislation Amendment Bill 2024
Part 5 Iron Ore (Mount Bruce) Agreement Act 1972 amended
s. 21
1 (3) Without limiting or otherwise affecting the application
2 of the Government Agreements Act 1979, the
3 2024 Variation Agreement operates and takes effect
4 despite any enactment or other law.
5
6 21. Sixth Schedule inserted
7 After the Fifth Schedule insert:
8
9 Sixth Schedule -- 2024 Variation Agreement
10 [s. 2]
11 2024
12
13 THE HONOURABLE ROGER COOK
14 PREMIER OF THE STATE OF WESTERN AUSTRALIA
15
16 AND
17
18 MOUNT BRUCE MINING PTY LIMITED
19 ACN 008 714 010
20
21
22
23 IRON ORE (MOUNT BRUCE) AGREEMENT 1972
24 RATIFIED VARIATION AGREEMENT
25
26
27
page 140
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Mount Bruce) Agreement Act 1972 amended Part 5
s. 21
1 [Solicitor's details]
2
3
4 THIS AGREEMENT is made this 26 day of August 2024
5
6 BETWEEN
7
8 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
9 Australia, acting for and on behalf of the said State and instrumentalities from
10 time to time (the "State")
11 AND
12 MOUNT BRUCE MINING PTY LIMITED ACN 008 714 010 of Level 18,
13 Central Park, 152-158 St Georges Terrace, Perth, Western Australia (Company).
14
15 RECITALS
16 A. The State and the Company are the parties to the agreement dated
17 10 March 1972 ratified by and scheduled to the Iron Ore (Mount
18 Bruce) Agreement Act 1972 and which as subsequently added to, varied
19 or amended is referred to in this Agreement as the "Principal
20 Agreement".
21 B. The State and the Company wish to vary the Principal Agreement.
22
23 THE PARTIES AGREE AS FOLLOWS:
24 1. Ratification and operation
25 (1) This Agreement, other than this clause, does not come into operation
26 except in accordance with subclause (2).
page 141
Iron Ore Agreements Legislation Amendment Bill 2024
Part 5 Iron Ore (Mount Bruce) Agreement Act 1972 amended
s. 21
1 (2) This Agreement, other than this clause, comes into operation on the day
2 on which it is ratified by an Act of the Parliament of Western Australia
3 ("Operative Date") unless, before that day, it terminates under
4 subclauses (4) or (5).
5 (3) The State must introduce in the Parliament of Western Australia before
6 30 September 2024 or a later date agreed between the parties to this
7 Agreement, a Bill to ratify this Agreement and must endeavour to
8 secure its passage as an Act.
9 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
10 of the Parliament of Western Australia then, unless the parties to this
11 Agreement otherwise agree, this Agreement terminates on that day and
12 no party hereto will have any claim against any other party hereto with
13 respect to any matter or thing arising out of, done, performed, or
14 omitted to be done or performed under this Agreement.
15 (5) The parties agree that if the Principal Agreement is otherwise
16 determined in accordance with its provisions on a day prior to the
17 Operative Date, then this Agreement shall also terminate on and from
18 that day and no party hereto will have any claim against any other party
19 hereto with respect to any matter or thing arising out of, done,
20 performed, or omitted to be done or performed under this Agreement.
21 2. Variations of the Principal Agreement
22 Clause 1 of the Principal Agreement is varied by inserting after
23 paragraph (f) in the definition of "Integration Agreement" the
24 following paragraph:
25 "(g) the agreement authorised by and as scheduled to the Iron Ore
26 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
27 time to time added to, varied or amended; or",
28 and renumbering the following paragraphs of that definition
29 accordingly.
30
page 142
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Mount Bruce) Agreement Act 1972 amended Part 5
s. 21
1 EXECUTED as a deed.
2
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by MOUNT BRUCE )
MINING PTY LIMITED )
ACN 008 714 010 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth)
[Signature] S. J. JONES
Director
[Signature] SOWMYA KOLLI
Director/Secretary
3
page 143
Iron Ore Agreements Legislation Amendment Bill 2024
Part 6 Iron Ore (Robe River) Agreement Act 1964 amended
s. 22
1 Part 6 -- Iron Ore (Robe River) Agreement Act 1964
2 amended
3 22. Act amended
4 This Part amends the Iron Ore (Robe River) Agreement
5 Act 1964.
6 23. Section 2 amended
7 In section 2 insert in alphabetical order:
8
9 eighth variation agreement means the agreement a
10 copy of which is set forth in the Ninth Schedule to this
11 Act;
12
13 24. Section 4E inserted
14 After section 4D insert:
15
16 4E. Eighth variation agreement
17 (1) The eighth variation agreement is ratified.
18 (2) The implementation of the eighth variation agreement
19 is authorised.
20 (3) Without limiting or otherwise affecting the application
21 of the Government Agreements Act 1979, the eighth
22 variation agreement operates and takes effect despite
23 any enactment or other law.
24
page 144
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Robe River) Agreement Act 1964 amended Part 6
s. 25
1 25. Ninth Schedule inserted
2 After the Eighth Schedule insert:
3
4 Ninth Schedule -- Eighth variation agreement
5 [s. 2]
6 2024
7
8 THE HONOURABLE ROGER COOK
9 PREMIER OF THE STATE OF WESTERN AUSTRALIA
10
11 AND
12
13 ROBE RIVER LIMITED
14 ACN 008 478 493
15
16 ROBE RIVER MINING CO. PTY. LTD.
17 ACN 008 694 246
18
19 MITSUI IRON ORE DEVELOPMENT PTY LTD
20 ACN 008 734 361
21
22 NORTH MINING LIMITED
23 ACN 000 081 434
24
page 145
Iron Ore Agreements Legislation Amendment Bill 2024
Part 6 Iron Ore (Robe River) Agreement Act 1964 amended
s. 25
1 NIPPON STEEL AUSTRALIA PTY. LIMITED
2 ACN 001 445 049
3
4 NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD
5 ACN 001 444 604
6
7
8
9 IRON ORE (ROBE RIVER) AGREEMENT 1964
10 RATIFIED VARIATION AGREEMENT
11
12
13
14 [Solicitor's details]
15
16
17 THIS AGREEMENT is made this 26 day of August 2024
18
19 BETWEEN
20
21 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
22 Australia, acting for and on behalf of the said State and instrumentalities from
23 time to time (the "State")
24 AND
25 ROBE RIVER LIMITED ACN 008 478 493 of Level 18, Central Park, 152-158
26 St Georges Terrace, Perth, Western Australia (RRL)
27 AND
page 146
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Robe River) Agreement Act 1964 amended Part 6
s. 25
1 ROBE RIVER MINING CO. PTY. LTD. ACN 008 694 246 of Level 18,
2 Central Park, 152-158 St Georges Terrace, Perth, Western Australia (RRMC),
3 MITSUI IRON ORE DEVELOPMENT PTY LTD ACN 008 734 361 of
4 Level 26, Exchange Plaza, 2 The Esplanade, Perth, Western Australia (Mitsui),
5 NORTH MINING LIMITED ACN 000 081 434 of Level 18, Central Park,
6 152-158 St Georges Terrace, Perth, Western Australia (NML),
7 NIPPON STEEL AUSTRALIA PTY. LIMITED ACN 001 445 049 of
8 Level 14, 115 Pitt Street, Sydney, New South Wales, NIPPON STEEL RAW
9 MATERIALS AUSTRALIA PTY LTD ACN 001 444 604 of Level 14,
10 115 Pitt Street, Sydney, New South Wales, and the said MITSUI IRON ORE
11 DEVELOPMENT PTY LTD which 3 companies carry on business under the
12 name of Cape Lambert Iron Associates (CLIA), and
13 the said NIPPON STEEL AUSTRALIA PTY. LIMITED and NIPPON
14 STEEL RAW MATERIALS AUSTRALIA PTY LTD which 2 companies
15 carry on business together under the name Pannawonica Iron Associates (PIA).
16 (RRMC, Mitsui, NML, CLIA and PIA are collectively referred to in this
17 Agreement as the Robe Participants.)
18
19 RECITALS
20 A. The State, RRL and the Robe Participants are now the parties to the
21 agreement dated 18 November 1964 approved by and scheduled to the
22 Iron Ore (Robe River) Agreement Act 1964 and which as subsequently
23 added to, varied or amended is referred to in this Agreement as the
24 "Principal Agreement".
25 B. The parties wish to vary the Principal Agreement.
26
27 THE PARTIES AGREE AS FOLLOWS:
28 1. Ratification and operation
29 (1) This Agreement, other than this clause, does not come into operation
30 except in accordance with subclause (2).
page 147
Iron Ore Agreements Legislation Amendment Bill 2024
Part 6 Iron Ore (Robe River) Agreement Act 1964 amended
s. 25
1 (2) This Agreement, other than this clause, comes into operation on the day
2 on which it is ratified by an Act of the Parliament of Western Australia
3 ("Operative Date") unless, before that day, it terminates under
4 subclauses (4) or (5).
5 (3) The State must introduce in the Parliament of Western Australia before
6 30 September 2024 or a later date agreed between the parties to this
7 Agreement, a Bill to ratify this Agreement and must endeavour to
8 secure its passage as an Act.
9 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
10 of the Parliament of Western Australia then, unless the parties to this
11 Agreement otherwise agree, this Agreement terminates on that day and
12 no party hereto will have any claim against any other party hereto with
13 respect to any matter or thing arising out of, done, performed, or
14 omitted to be done or performed under this Agreement.
15 (5) The parties agree that if the Principal Agreement is otherwise
16 determined in accordance with its provisions on a day prior to the
17 Operative Date, then this Agreement shall also terminate on and from
18 that day and no party hereto will have any claim against any other party
19 hereto with respect to any matter or thing arising out of, done,
20 performed, or omitted to be done or performed under this Agreement.
21 2. Variations of the Principal Agreement
22 Clause 1 of the Principal Agreement is varied by inserting after
23 paragraph (f) in the definition of "Integration Agreement" the
24 following paragraph:
25 "(g) the agreement authorised by and as scheduled to the Iron Ore
26 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
27 time to time added to, varied or amended; or",
28 and renumbering the following paragraphs of that definition
29 accordingly.
30
page 148
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Robe River) Agreement Act 1964 amended Part 6
s. 25
1 EXECUTED as a deed.
2
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by ROBE RIVER LIMITED )
ACN 008 478 493 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth): )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
EXECUTED by ROBE )
RIVER MINING CO. PTY. LTD. )
ACN 008 694 246 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth): )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
page 149
Iron Ore Agreements Legislation Amendment Bill 2024
Part 6 Iron Ore (Robe River) Agreement Act 1964 amended
s. 25
EXECUTED by MITSUI IRON ORE )
DEVELOPMENT PTY LTD )
ACN 008 734 361 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth): )
[Signature] TORU KOJIMA
Director
[Signature] INNES DEAKIN
Director/Secretary
EXECUTED by NORTH MINING )
IMITED )
ACN 000 081 434 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
page 150
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Robe River) Agreement Act 1964 amended Part 6
s. 25
CAPE LAMBERT IRON ASSOCIATES
EXECUTED by NIPPON STEEL )
AUSTRALIA PTY. LIMITED )
ACN 001 445 049 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) by authority of the Directors )
in the presence of: )
[Signature] KEIGO GOHDA
Director
[Signature] YUJIN SUZUKI
Director/Secretary
EXECUTED by NIPPON STEEL RAW )
MATERIALS AUSTRALIA PTY LTD )
ACN 001 444 604 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) by authority of the Directors )
in the presence of: )
[Signature] KEIGO GOHDA
Director
[Signature] YUJIN SUZUKI
Director/Secretary
page 151
Iron Ore Agreements Legislation Amendment Bill 2024
Part 6 Iron Ore (Robe River) Agreement Act 1964 amended
s. 25
EXECUTED by MITSUI )
IRON ORE DEVELOPMENT PTY )
TD ACN 008 734 361 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] TORU KOJIMA
Director
[Signature] INNES DEAKIN
Director/Secretary
PANNAWONICA IRON ASSOCIATES
EXECUTED by NIPPON STEEL )
AUSTRALIA PTY. LIMITED )
ACN 001 445 049 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) by authority of the Directors )
in the presence of: )
[Signature] KEIGO GOHDA
Director
[Signature] YUJIN SUZUKI
Director/Secretary
page 152
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Robe River) Agreement Act 1964 amended Part 6
s. 25
EXECUTED by NIPPON STEEL RAW )
MATERIALS AUSTRALIA PTY LTD )
ACN 001 444 604 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) by authority of the Directors )
in the presence of: )
[Signature] KEIGO GOHDA
Director
[Signature] YUJIN SUZUKI
Director/Secretary
1
page 153
Iron Ore Agreements Legislation Amendment Bill 2024
Part 7 Iron Ore (Yandicoogina) Agreement Act 1996 amended
s. 26
1 Part 7 -- Iron Ore (Yandicoogina) Agreement Act 1996
2 amended
3 26. Act amended
4 This Part amends the Iron Ore (Yandicoogina) Agreement
5 Act 1996.
6 27. Section 3 amended
7 (1) In section 3 insert in alphabetical order:
8
9 the Third Variation Agreement means the agreement a
10 copy of which is set out in Schedule 4.
11
12 (2) In section 3 in the definition of Agreement delete "Agreement
13 and the Second Variation Agreement;" and insert:
14
15 Agreement, the Second Variation Agreement and the Third
16 Variation Agreement;
17
18 (3) In section 3 in the definition of the Second Variation
19 Agreement delete "Schedule 3." and insert:
20
21 Schedule 3;
22
23 Note: The heading to amended section 3 is to read:
24 Terms used
25 28. Section 4 amended
26 After section 4(2B) insert:
27
28 (2C) The Third Variation Agreement is ratified.
29
page 154
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Yandicoogina) Agreement Act 1996 amended Part 7
s. 29
1 29. Schedule 4 inserted
2 After Schedule 3 insert:
3
4 Schedule 4 -- Third Variation Agreement
5 [s. 3]
6 2024
7
8 THE HONOURABLE ROGER COOK
9 PREMIER OF THE STATE OF WESTERN AUSTRALIA
10
11 AND
12
13 HAMERSLEY IRON - YANDI PTY LIMITED
14 ACN 009 181 793
15
16 AND
17
18 HAMERSLEY IRON PTY. LIMITED
19 ACN 004 558 276
20
21
22
23 IRON ORE (YANDICOOGINA) AGREEMENT 1996
24 RATIFIED VARIATION AGREEMENT
25
26
page 155
Iron Ore Agreements Legislation Amendment Bill 2024
Part 7 Iron Ore (Yandicoogina) Agreement Act 1996 amended
s. 29
1
2 [Solicitor's details]
3
4
5 THIS AGREEMENT is made this 26 day of August 2024
6
7 BETWEEN
8
9 THE HONOURABLE ROGER COOK MLA., Premier of the State of Western
10 Australia, acting for and on behalf of the said State and instrumentalities from
11 time to time (the "State")
12 AND
13 HAMERSLEY IRON - YANDI PTY LIMITED ACN 009 181 793 of
14 Level 18, Central Park, 152-158 St Georges Terrace, Perth, Western Australia
15 (Company)
16 AND
17 HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 18, Central
18 Park, 152-158 St Georges Terrace, Perth, Western Australia (Hamersley).
19
20 RECITALS
21 A. The State, the Company and Hamersley are the parties to the agreement
22 dated 22 October 1996 ratified by and scheduled to the Iron Ore
23 (Yandicoogina) Agreement Act 1996 and which as subsequently added
24 to, varied or amended is referred to in this Agreement as the "Principal
25 Agreement".
26 B. The State, the Company and Hamersley wish to vary the Principal
27 Agreement.
28
page 156
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Yandicoogina) Agreement Act 1996 amended Part 7
s. 29
1 THE PARTIES AGREE AS FOLLOWS:
2 1. Ratification and operation
3 (1) This Agreement, other than this clause, does not come into operation
4 except in accordance with subclause (2).
5 (2) This Agreement, other than this clause, comes into operation on the day
6 on which it is ratified by an Act of the Parliament of Western Australia
7 ("Operative Date") unless, before that day, it terminates under
8 subclauses (4) or (5).
9 (3) The State must introduce in the Parliament of Western Australia before
10 30 September 2024 or a later date agreed between the parties to this
11 Agreement, a Bill to ratify this Agreement and must endeavour to
12 secure its passage as an Act.
13 (4) If by 31 December 2024 this Agreement has not been ratified by an Act
14 of the Parliament of Western Australia then, unless the parties to this
15 Agreement otherwise agree, this Agreement terminates on that day and
16 no party hereto will have any claim against any other party hereto with
17 respect to any matter or thing arising out of, done, performed, or
18 omitted to be done or performed under this Agreement.
19 (5) The parties agree that if the Principal Agreement is otherwise
20 determined in accordance with its provisions on a day prior to the
21 Operative Date, then this Agreement shall also terminate on and from
22 that day and no party hereto will have any claim against any other party
23 hereto with respect to any matter or thing arising out of, done,
24 performed, or omitted to be done or performed under this Agreement.
25 2. Variations of the Principal Agreement
26 Clause 1 of the Principal Agreement is varied by inserting after
27 paragraph (f) in the definition of "Integration Agreement" the
28 following paragraph:
29 "(g) the agreement authorised by and as scheduled to the Iron Ore
30 (Rhodes Ridge) Agreement Authorisation Act 1972, as from
31 time to time added to, varied or amended; or",
32 and renumbering the following paragraphs of that definition
33 accordingly.
page 157
Iron Ore Agreements Legislation Amendment Bill 2024
Part 7 Iron Ore (Yandicoogina) Agreement Act 1996 amended
s. 29
1 EXECUTED as a deed.
2
3
SIGNED by THE HONOURABLE )
ROGER COOK )
in the presence of: )
[Signature] [Signature]
Signature of witness
SARAH GWEN KEEGAN
Name of witness
EXECUTED by )
HAMERSLEY IRON - YANDI PTY )
LIMITED ACN 009 181 793 in accordance )
with section 127(1) of the )
Corporations Act 2001 (Cth) )
[Signature] SIMON RICHMOND
Director
[Signature]
SOWMYA KOLLI
Director/Secretary
page 158
Iron Ore Agreements Legislation Amendment Bill 2024
Iron Ore (Yandicoogina) Agreement Act 1996 amended Part 7
s. 29
EXECUTED by )
HAMERSLEY IRON PTY. LIMITED )
ACN 004 558 276 in accordance with )
section 127(1) of the Corporations Act 2001 )
(Cth) )
[Signature] SIMON RICHMOND
Director
[Signature] SOWMYA KOLLI
Director/Secretary
1
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