Western Australian Numbered Acts Western Australian Numbered Acts After the Fifth
Schedule insert:
[s. 2]
2024
THE HONOURABLE ROGER COOK
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
MOUNT BRUCE MINING PTY LIMITED
ACN 008 714 010
IRON ORE (MOUNT BRUCE) AGREEMENT 1972
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 26 day of August 2024
BETWEEN
THE HONOURABLE ROGER COOK MLA., Premier of the State of Western Australia,
acting for and on behalf of the said State and instrumentalities from time to
time (the " State ")
AND
MOUNT BRUCE MINING PTY LIMITED ACN 008 714 010 of Level 18, Central
Park, 152-158 St Georges Terrace, Perth, Western Australia ( Company ).
RECITALS
A. The State and the Company are the parties to
the agreement dated 10 March 1972 ratified by and scheduled to the
Iron Ore (Mount Bruce) Agreement Act 1972 and which as subsequently
added to, varied or amended is referred to in this Agreement as the "
Principal Agreement ".
B. The State and the Company wish to vary the
Principal Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Ratification and operation
(1) This Agreement,
other than this clause, does not come into operation except in accordance with
subclause (2).
(2) This Agreement,
other than this clause, comes into operation on the day on which it is
ratified by an Act of the Parliament of Western Australia (" Operative Date ")
unless, before that day, it terminates under subclauses (4) or (5).
(3) The State must
introduce in the Parliament of Western Australia before
30 September 2024 or a later date agreed between the parties to this
Agreement, a Bill to ratify this Agreement and must endeavour to secure its
passage as an Act.
(4) If by
31 December 2024 this Agreement has not been ratified by an Act of
the Parliament of Western Australia then, unless the parties to this Agreement
otherwise agree, this Agreement terminates on that day and no party hereto
will have any claim against any other party hereto with respect to any matter
or thing arising out of, done, performed, or omitted to be done or performed
under this Agreement.
(5) The parties agree
that if the Principal Agreement is otherwise determined in accordance with its
provisions on a day prior to the Operative Date, then this Agreement shall
also terminate on and from that day and no party hereto will have any claim
against any other party hereto with respect to any matter or thing arising out
of, done, performed, or omitted to be done or performed under this Agreement.
2. Variations of the Principal Agreement
Clause 1 of the Principal Agreement is varied
by inserting after
paragraph (f) in the definition of "Integration Agreement" the following
paragraph:
"(g) the agreement authorised by and as scheduled
to the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 , as
from time to time added to, varied or amended; or",
and renumbering the following paragraphs of that
definition accordingly.
EXECUTED as a deed.
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SIGNED by THE HONOURABLE ROGER COOK
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EXECUTED by MOUNT BRUCE MINING PTY LIMITED |
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This Part amends the
Iron Ore (Robe River) Agreement Act 1964 .
In section 2
insert in alphabetical order:
eighth variation agreement means the agreement a
copy of which is set forth in the Ninth Schedule to this Act;
After section 4D
insert:
4E. Eighth variation agreement
(1) The eighth
variation agreement is ratified.
(2) The implementation
of the eighth variation agreement is authorised.
(3) Without limiting
or otherwise affecting the application of the
Government Agreements Act 1979 , the eighth variation agreement operates
and takes effect despite any enactment or other law.
After the Eighth
Schedule insert:
[s. 2]
2024
THE HONOURABLE ROGER COOK
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
ROBE RIVER LIMITED
ACN 008 478 493
ROBE RIVER MINING CO. PTY. LTD.
ACN 008 694 246
MITSUI IRON ORE DEVELOPMENT PTY LTD
ACN 008 734 361
NORTH MINING LIMITED
ACN 000 081 434
NIPPON STEEL AUSTRALIA PTY. LIMITED
ACN 001 445 049
NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD
ACN 001 444 604
IRON ORE (ROBE RIVER) AGREEMENT 1964
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 26 day of August 2024
BETWEEN
THE HONOURABLE ROGER COOK MLA., Premier of the State of Western Australia,
acting for and on behalf of the said State and instrumentalities from time to
time (the " State ")
AND
ROBE RIVER LIMITED ACN 008 478 493 of Level 18, Central Park,
152-158 St Georges Terrace, Perth, Western Australia ( RRL )
AND
ROBE RIVER MINING CO. PTY. LTD. ACN 008 694 246 of Level 18, Central
Park, 152-158 St Georges Terrace, Perth, Western Australia ( RRMC ),
MITSUI IRON ORE DEVELOPMENT PTY LTD ACN 008 734 361 of
Level 26, Exchange Plaza, 2 The Esplanade, Perth, Western Australia (
Mitsui ),
NORTH MINING LIMITED ACN 000 081 434 of Level 18, Central Park,
152-158 St Georges Terrace, Perth, Western Australia ( NML ),
NIPPON STEEL AUSTRALIA PTY. LIMITED ACN 001 445 049 of
Level 14, 115 Pitt Street, Sydney, New South Wales, NIPPON STEEL RAW
MATERIALS AUSTRALIA PTY LTD ACN 001 444 604 of Level 14,
115 Pitt Street, Sydney, New South Wales, and the said MITSUI IRON ORE
DEVELOPMENT PTY LTD which 3 companies carry on business under the name of Cape
Lambert Iron Associates ( CLIA ), and
the said NIPPON STEEL AUSTRALIA PTY. LIMITED and NIPPON STEEL RAW MATERIALS
AUSTRALIA PTY LTD which 2 companies carry on business together under the name
Pannawonica Iron Associates ( PIA ).
(RRMC, Mitsui, NML, CLIA and PIA are collectively referred to in this
Agreement as the Robe Participants .)
RECITALS
A. The State, RRL and the Robe Participants are
now the parties to the agreement dated 18 November 1964 approved by
and scheduled to the Iron Ore (Robe River) Agreement Act 1964 and which
as subsequently added to, varied or amended is referred to in this Agreement
as the " Principal Agreement ".
B. The parties wish to vary the Principal
Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Ratification and operation
(1) This Agreement,
other than this clause, does not come into operation except in accordance with
subclause (2).
(2) This Agreement,
other than this clause, comes into operation on the day on which it is
ratified by an Act of the Parliament of Western Australia (" Operative Date ")
unless, before that day, it terminates under subclauses (4) or (5).
(3) The State must
introduce in the Parliament of Western Australia before
30 September 2024 or a later date agreed between the parties to this
Agreement, a Bill to ratify this Agreement and must endeavour to secure its
passage as an Act.
(4) If by
31 December 2024 this Agreement has not been ratified by an Act of
the Parliament of Western Australia then, unless the parties to this Agreement
otherwise agree, this Agreement terminates on that day and no party hereto
will have any claim against any other party hereto with respect to any matter
or thing arising out of, done, performed, or omitted to be done or performed
under this Agreement.
(5) The parties agree
that if the Principal Agreement is otherwise determined in accordance with its
provisions on a day prior to the Operative Date, then this Agreement shall
also terminate on and from that day and no party hereto will have any claim
against any other party hereto with respect to any matter or thing arising out
of, done, performed, or omitted to be done or performed under this Agreement.
2. Variations of the Principal Agreement
Clause 1 of the Principal Agreement is varied
by inserting after
paragraph (f) in the definition of "Integration Agreement" the following
paragraph:
"(g) the agreement authorised by and as scheduled
to the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 , as
from time to time added to, varied or amended; or",
and renumbering the following paragraphs of that
definition accordingly.
EXECUTED as a deed.
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SIGNED by THE HONOURABLE ROGER COOK SARAH GWEN KEEGAN
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EXECUTED by ROBE RIVER LIMITED ACN 008 478 493 in accordance with
section 127(1) of the Corporations Act 2001 (Cth):
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EXECUTED by ROBE |
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EXECUTED by MITSUI IRON ORE DEVELOPMENT PTY LTD |
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EXECUTED by NORTH MININGLIMITED |
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CAPE LAMBERT IRON ASSOCIATES |
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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 |
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EXECUTED by MITSUI |
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PANNAWONICA IRON ASSOCIATES |
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EXECUTED by NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD |
) |
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This Part amends the
Iron Ore (Yandicoogina) Agreement Act 1996 .
(1) In section 3
insert in alphabetical order:
the Third Variation Agreement means the agreement
a copy of which is set out in Schedule 4.
(2) In section 3
in the definition of Agreement delete “Agreement and the Second
Variation Agreement;” and insert:
Agreement, the Second
Variation Agreement and the Third Variation Agreement;
(3) In section 3
in the definition of the Second Variation Agreement delete
“Schedule 3.” and insert:
Schedule 3;
Note: The heading to amended section 3 is to
read:
Terms used
After
section 4(2B) insert:
(2C) The Third
Variation Agreement is ratified.
After Schedule 3
insert:
Schedule 4 -- Third Variation Agreement
[s. 3]
2024
THE HONOURABLE ROGER COOK
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
HAMERSLEY IRON - YANDI PTY LIMITED
ACN 009 181 793
AND
HAMERSLEY IRON PTY. LIMITED
ACN 004 558 276
IRON ORE (YANDICOOGINA) AGREEMENT 1996
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 26 day of August 2024
BETWEEN
THE HONOURABLE ROGER COOK MLA., Premier of the State of Western Australia,
acting for and on behalf of the said State and instrumentalities from time to
time (the " State ")
AND
HAMERSLEY IRON - YANDI PTY LIMITED ACN 009 181 793 of Level 18,
Central Park, 152-158 St Georges Terrace, Perth, Western Australia ( Company )
AND
HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 18, Central
Park, 152-158 St Georges Terrace, Perth, Western Australia ( Hamersley ).
RECITALS
A. The State, the Company and Hamersley are the
parties to the agreement dated 22 October 1996 ratified by and
scheduled to the Iron Ore (Yandicoogina) Agreement Act 1996 and which as
subsequently added to, varied or amended is referred to in this Agreement as
the " Principal Agreement ".
B. The State, the Company and Hamersley wish to
vary the Principal Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Ratification and operation
(1) This Agreement,
other than this clause, does not come into operation except in accordance with
subclause (2).
(2) This Agreement,
other than this clause, comes into operation on the day on which it is
ratified by an Act of the Parliament of Western Australia (" Operative Date ")
unless, before that day, it terminates under subclauses (4) or (5).
(3) The State must
introduce in the Parliament of Western Australia before
30 September 2024 or a later date agreed between the parties to this
Agreement, a Bill to ratify this Agreement and must endeavour to secure its
passage as an Act.
(4) If by
31 December 2024 this Agreement has not been ratified by an Act of
the Parliament of Western Australia then, unless the parties to this Agreement
otherwise agree, this Agreement terminates on that day and no party hereto
will have any claim against any other party hereto with respect to any matter
or thing arising out of, done, performed, or omitted to be done or performed
under this Agreement.
(5) The parties agree
that if the Principal Agreement is otherwise determined in accordance with its
provisions on a day prior to the Operative Date, then this Agreement shall
also terminate on and from that day and no party hereto will have any claim
against any other party hereto with respect to any matter or thing arising out
of, done, performed, or omitted to be done or performed under this Agreement.
2. Variations of the Principal Agreement
Clause 1 of the
Principal Agreement is varied by inserting after
paragraph (f) in the definition of "Integration Agreement" the following
paragraph:
"(g) the agreement authorised by and as scheduled
to the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 , as
from time to time added to, varied or amended; or",
and renumbering the
following paragraphs of that definition accordingly.
EXECUTED as a deed.
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SIGNED by THE HONOURABLE ROGER COOK SARAH GWEN KEEGAN
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) |
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EXECUTED by
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EXECUTED by
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© State of Western Australia 2024
.
This work is licensed under a Creative Commons Attribution 4.0 International
Licence (CC BY 4.0). To view relevant information and for a link to a copy of
the licence, visit www.legislation.wa.gov.au .
Attribute work as: © State
of Western Australia 2024
.
By Authority: GEOFF O. LAWN, Government Printer