South Australian Consolidated Acts South Australian Consolidated ActsSchedule 3—Environmental authorisation under Part 6 of the
Environment Protection Act 1993
Note—
This authorisation has been varied by the Minister for Mineral Resources
Development under section 15 of this Act. These variations have not been
incorporated into this authorisation.
LICENCE
OneSteel Manufacturing Pty Limited
Locations
Lincoln Highway, WHYALLA 5600 SA
Transhipping Points, Spencer Gulf, SA.
Licensed Activities
The Licensee—OneSteel Manufacturing Pty Limited—is authorised to
undertake the following activities of environmental significance under
Schedule 1 Part A of the Environment Protection Act 1993 , subject to the
conditions of licence set out below:
|
1(2)(a)(i) |
Chemical Works: inorganic |
|
1(3) |
Coke Works |
|
2(7) |
Ferrous and Non-ferrous Metal Melting |
|
2(8) |
Metallurgical Works |
|
2(11) |
Scrap Metal Recovery |
|
3(3) |
Waste or Recycling Depots |
|
3(4) |
Activities Producing Listed Waste |
|
7(1) |
Bulk Shipping Facilities |
|
7(2) |
Railway Operations |
|
7(3)(c) |
Crushing, Grinding or Milling: rock, ores or minerals |
|
7(5) |
Coal Handling and Storage |
|
8(2)(a) |
Fuel Burning: rate of heat release exceeding 5 megawatts |
|
8(7) |
Discharges to Marine or Inland Waters |
Definitions
the Act means the Environment Protection Act 1993 .
ADG Code means the Australian Dangerous Goods Code 6th Edition.
Agency means a body or bodies of a participating State or a participating
Territory which that State or Territory has nominated for the purposes of any
Measure applicable to this licence.
Arisings means the mass rate of raw effluent generated by the relevant
process.
Authorisation Fee Payment Date means the anniversary of the grant or renewal
of this licence.
Authorised Officer means a person appointed to be an authorised officer
pursuant to Part 10 Division 1 of the Act.
the Authority means the Environment Protection Authority established under
Part 3 Division 1 of the Act.
Bulk Shipping Facility means the conduct of a facility for the bulk handling
of products as defined in Schedule 1, clause 7(1) of the Act, and includes the
subsequent handling and transhipping of products in Spencer Gulf.
Consignment Authorisation means an approval which includes a unique identifier
granted by an agency or a facility delegated by an agency in the jurisdiction
of destination to allow the movement of Controlled Waste.
Controlled Waste means waste defined as such in the National Environment
Protection Measure – Movement of Controlled Waste Between States and
Territories.
Controlled Waste Measure means the National Environment Protection (Movement
of Controlled Wastes between States and Territories) Measure established under
the National Environment Protection Council (South Australia) Act 1995 .
Facility means a place where Controlled Wastes are received.
Indentured Land For purposes of this licence the reference to 'Premises'
includes the area within the boundary identified in the Whyalla Steel Works
Act 1958 - Appendix C to the Indenture.
Liquid Waste means waste classified in accordance with the assessment process
set out in EPA Guideline entitled ‘Liquid waste classification test'
re-issued March 2003.
Listed Waste means any waste listed in Schedule 1 Part B of the Act.
the Premises means, at the time of issue of this authorisation, the whole of
the land comprised in Titles Register Certificate of Title, Crown Lease and
Crown Record:
List of Titles
CL 1013/20
CL 512/104
CL 512/105
CL 975/33
CT 5280/992
CT
5450/551
CT 5463/457
CT 5582/363
CT 5603/813
CT 5835/294
CT 5835/295
CT
5873/786
CT 5916/564
CT 5916/565
CT 5916/566
together with the Licensee’s rail corridors between the South Middleback
Ranges and the Whyalla Steelworks, and the Licensee’s Transhipping
points in the Spencer Gulf, S.A.
STP means standard temperature and pressure (zero degrees Celsius and 101.3
kilopascals absolute).
Waste Containing Friable Asbestos means:
(a)
waste consisting of non-bonded asbestos fabric; or
(b)
waste material that contains more than 1% asbestos by weight and—
(i)
is in the form of powder; or
(ii)
can be crumbled, pulverised or reduced to powder by hand
pressure when dry.
Waste Fill means waste consisting of clay, concrete, rock, sand, soil or other
inert mineralogical matter in pieces not exceeding 100 millimetres in length
and containing chemical substances in concentrations (calculated in a manner
determined by the Authority) less than the concentrations for those substances
set out in Table 1 and 2, but does not include waste consisting of or
containing asbestos or bitumen.
Acronyms
EIP means Environment Improvement Programme.
WTC means Waste Transport Certificate.
WTF means Waste Tracking Form.
CONDITIONS OF LICENCE
The Licensee is authorised to conduct the prescribed activities as described
in this licence at the Locations, and on the Premises, subject to the
following conditions:
Control of Emissions
1. POLLUTION CONTROL EQUIPMENT – CONTINGENCY
AND BREAKDOWN MANAGEMENT PROGRAM
1.1 The Licensee must
develop a Contingency and Breakdown Management Program for the following
on-site pollution control equipment:
1.1.1 Waste Gas
Cleaning Plant,
1.1.2 Dryer Scrubbers,
1.1.3 3001 Conveyor
Scrubber,
1.1.4 Grinding Mills
Feed Bins Enclosure Scrubber,
1.1.5 Grinding Mills
Feed Bins Baghouse,
1.1.6 Number 1 and 2
Screening Plant Baghouses,
1.1.7 VAI Sprays on
the Grinding Mills Ventilation Duct, and
1.1.8 Dryer Finger
Seals.
1.2 The Contingency
and Breakdown Management Program must incorporate, where appropriate, the
following:
1.2.1 the preventative
action that will be taken to ensure that the equipment does not fail when in
operation, including equipment maintenance programs and the holding of spare
parts;
1.2.2 the action that
will be taken in the event of equipment failure;
1.2.3 the
circumstances, if any, in which the Authority will be informed of equipment
failure, and how and when that notification will be made.
1.3 The Licensee must
submit the Contingency and Breakdown Management Program to the Authority for
assessment within six (6) months of all of the commissioning of the upgrade
facilities referred to in Condition 9 of this Licence.
1.4 If the Contingency
and Breakdown Management Program submitted in accordance with paragraph 1.3 is
not acceptable to the Authority, resubmit a revised version of the program
(incorporating any additions or alterations that are reasonably required by
the Authority) within 28 days.
1.5 The Licensee must
implement as far as is necessary, the Contingency and Breakdown Management
Program once it has been approved in writing by the Authority.
2. POLLUTION CONTROL EQUIPMENT – MAINTENANCE
CHECKING AND RECORDING PROGRAM
2.1 The Licensee must
develop a Maintenance Checking and Recording Program for the following on-site
pollution control equipment:
2.1.1 Waste Gas
Cleaning Plant,
2.1.2 Dryer Scrubbers,
2.1.3 3001 Conveyor
Scrubber,
2.1.4 Grinding Mills
Feed Bins Enclosure Scrubber,
2.1.5 Grinding Mills
Feed Bins Baghouse,
2.1.6 Number 1 and 2
Screening Plant Baghouses,
2.1.7 VAI Sprays on
the Grinding Mills Ventilation Duct, and
2.1.8 Dryer Finger
Seals.
2.2 The Licensee must
develop a Maintenance Checking and Recording Program for the Spencer Gulf
transhipping operations pollution control equipment.
2.3 Both of the
Maintenance Checking and Recording Programs must incorporate, where
appropriate, the following:
2.3.1 the required
equipment cleaning cycle to ensure efficient operation;
2.3.2 a record of all
incidents of equipment failure;
2.3.3 a record of all
maintenance activities undertaken;
2.3.4 a risk
management program;
2.3.5 a shipboard oil
pollution emergency plan.
2.4 The Licensee must
submit both of the Maintenance Checking and Recording Programs to the
Authority for assessment in the case of the on-site operations within six (6)
months of the completion of all of the commissioning of the upgrade facilities
referred to in Condition 10 of this Licence and, in the case of the Spencer
Gulf operations, not later than one (1) month prior to the commissioning of
the transhipping operations in the Spencer Gulf.
2.5 The Licensee must
implement both of the Maintenance Checking and Recording Programs once
approved in writing by the Authority.
2.6 The Licensee must
make records generated as a result of the programs accessible to the Authority
upon request.
3. The Licensee must take all reasonable and
practicable measures to ensure that, at the ore processing area:
3.1 dust build-up is
removed regularly from all areas to minimise airborne dust; and
3.2 all frequently
trafficked dirt roadways and mobile equipment working areas are regularly
treated for dust suppression using water or a dust suppression agent.
4. The Licensee must take all reasonable and
practicable steps to ensure that the Pellet Plant Reclaim Shed doors are kept
closed when the plant is operating in order to minimise fugitive particulate
emissions.
Record Keeping and Monitoring
5.
5.1 The Licensee must
ensure that all information from stack and ambient air monitoring including
charts, raw data, calibration records and other documentation, is made
available to the Authority upon request.
5.2 The Licensee must
retain all data received from the above monitoring equipment at the Premises
for a period of not less than ten years.
6. The Licensee must maintain a contingency plan
acceptable to the Authority for the control, containment or mitigation of any
spill, accident or plant failure, which may result in or increase the risk of
the release of pollutants to the environment.
7. The Licensee must maintain a register of
complaints received regarding the Licensee's operation that sets out:
7.1 the date and time
of the complaint;
7.2 details of the
complaint;
7.3 the name and
address of the complainant (if the complainant has permitted the release of
their details);
7.4 temperature, wind
speed, wind direction and rainfall at the time of events giving rise to the
complaint;
7.5 the likely cause
of the events;
7.6 any action taken
in response to the complaint; and
7.7 any actions taken
to prevent a recurrence of the events giving rise to the complaint.
8.
8.1 The Licensee must
carry out an annual emission testing programme for particle and gaseous
emissions from nominated plant exhaust stacks at the Premises.
8.2 The Licensee must
ensure that the testing programme is carried out in accordance with the
Authority's document entitled 'Emission Testing Methodology for Air Pollution
manual' dated March 1995, unless otherwise approved by the Authority.
8.3 The Licensee must
ensure that the annual emission testing is carried out in similar format to
the Licensee’s "BHP Annual Quality Procedure Air Emissions Monitoring
& Stack Emission Survey".
8.4 The Licensee must
ensure that the emission testing programme includes the following:
8.4.1 BLAST FURNACE
PLANT - STOVE STACK
oxides of nitrogen
carbon monoxide
carbon dioxide
concentration expressed as
milligrams per cubic metre at STP dry basis, and emission rates in grams per
second
8.4.2 BLAST FURNACE
PLANT - DEDUST BAGHOUSE STACK
particle emissions expressed as milligrams per cubic metre at STP dry basis,
and emission rate in grams per second
8.4.3 BOS PLANT -
PRIMARY & SECONDARY STACKS
particle emissions expressed as milligrams per cubic metre at STP dry basis,
and emission rate in grams per second
8.4.4 LIME KILN PLANT
- No.1 & No.2 STACKS
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
particle
emissions
expressed as milligrams per cubic metre at STP dry basis, and
emission rate in grams per second
8.4.5 REHEAT FURNACE
PLANT - No.2 STACK
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
concentration expressed as milligrams per cubic metre at STP dry basis, and
emission rates in grams per second
8.4.6 COKE OVENS PLANT
- 1A, 1B & 2A STACKS
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
concentration expressed as milligrams per cubic metre at STP dry basis, and
emission rates in grams per second
8.4.7 POWER HOUSE
PLANT - No.5 & No.6 BOILER STACKS
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
concentration expressed as milligrams per cubic metre at STP dry basis, and
emission rates in grams per second
8.4.8 COGENERATION
PLANT - MAIN EXHAUST STACK
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
concentration expressed as milligrams per cubic metre at STP dry basis, and
emission rates in grams per second
8.4.9 PELLET PLANT -
WASTE GAS STACK
oxides of nitrogen
sulphur dioxide
carbon monoxide
carbon dioxide
particle
emissions
expressed as milligrams per cubic metre at STP dry basis, and
emission rate in grams per second
NOTE:
In addition all Carbon Dioxide emission rates from the above nominated plants
to be expressed in tonnes per year;
8.5 The Licensee must
submit the results of the annual emission testing programme for particle and
gaseous emissions carried out at the Premises to the Authority within four
weeks of receipt by the Licensee of validated results.
9. The Licensee must implement the following
environmental improvement works/activities at the Whyalla Steelworks in
accordance with its planned capital works programme for these
works/activities:
9.1 Crushing and
Screening activities will be relocated from the Ore Processing area to the
South Middleback Ranges mine site in order to reduce iron ore dust generation
and subsequent dispersal outside the Premises. Only small scale occasional
iron ore and iron ore products mobile crushing and screening activities will
occur at the pellet plant area of the Whyalla Steelworks after the relocation
which may generate dust from time to time.
9.2 The current open
ore handling, conveyance, loading and storage facilities will be upgraded so
as to reduce dust generation and subsequent dispersal outside the Premises
(including iron ore dust and other fugitive dust). This will include the
following items:
• New higher
sided rail wagons for transporting predominantly haematite iron ore fines to
Ore storage shed
• New enclosed
train unloading ‘tip pocket’ with dust extraction facilities &
enclosed conveyor to export haematite iron ore storage shed
• Enclosed
export haematite iron ore storage shed with dust extraction facilities and
internal ore reclaim ability (plus direct pass-through conveyor capability to
allow direct loading of vessels from the new ‘tip pocket’ without
rehandling)
• Enclosed
conveyor from the export iron ore storage shed to the jetty loading conveyor
• Upgrade of
jetty loading facilities, including upgraded conveyor cladding, shrouding of
the loader spout, dust extraction and moisture sprays for dust suppression
• Demolition of
redundant external structures will be carried out following the successful
completion of the magnetite conversion
• Ongoing site
boundary landscaping
Waste
10.
10.1 Waste Water
Discharges
Subject to compliance with this condition, the Licensee may discharge waste
water from the Premises into the waters adjacent to the Premises.
10.2 Coke Ovens
Discharges
10.2.1 The Licensee
must achieve mass load reductions of ammonia, free cyanide and phenol in the
Coke Ovens Excess Ammonia Liquor discharges of 80% by 25 March 2006.
10.2.2 The Licensee
must ensure that the Mass load reductions for the Coke Ovens Excess Ammonia
Liquor discharge are calculated on the Arisings at that time.
10.2.3 The Licensee
must submit annual interim targets for approval of the Authority, which
reflect reasonable and progressive improvements towards achievement of the 80%
target specified in paragraph 10.2.1 hereof.
10.2.4 The Licensee
must ensure that any failure to meet interim targets is addressed in the
Licensee's EIP review in the relevant year.
10.3 Blast Furnace
Discharge
The Licensee must ensure that no more than 5309 kilograms of zinc is
discharged to the marine environment from the blast furnace scrubber
wastewater effluent stream, in any calendar year.
11.
11.1 The Licensee must
maintain a waste water monitoring programme as specified in the document
'Water Quality Monitoring - Ref. Onesteel Doc. Q1.50.301'.
11.2 The Licensee must
not modify the monitoring programme unless such modifications have been
approved by the Authority.
11.3 The Licensee must
submit the results of the monitoring programme to the Authority on a
six-monthly basis with a statement of validation.
11.4 The Licensee must
have the monitoring programme verified independently whenever there is a
significant process change.
12. The Licensee must not allow the discharge,
emission or deposit of pollutants into coastal waters that causes any visible
debris, oil scum or other objectionable matter or odour at the discharge site.
13. The Licensee must cause any material spilt
onto the wharf, dock, loading or work area to be removed and reused, or
disposed of to a site licensed for the purpose by the Authority.
14. The Licensee must determine the salinity of
the waste water discharge by calculation of the proportions of fresh and sea
water in the discharge.
15. CONTROLLED AND LISTED WASTES
15.1 The Licensee must
ensure that any waste which is a substance within the meaning of the
Dangerous Substances Act 1979 and any waste that is a poison within the
meaning of the Controlled Substances Act 1984 is managed in the same
manner as if it was a Controlled Waste for the purposes of this licence.
15.2 The Licensee must
store, contain and treat all material used in the course of the activity that
becomes part of any Listed Waste in a manner that does not cause either of the
following:
15.2.1 environmental
harm; or
15.2.2 a risk to
health and safety.
15.3 The Licensee must
mark all Listed Waste storage containers to identify the waste contained
within them.
15.4 The Licensee must
ensure that all containers of Listed Waste leaving the Premises display safety
warnings in accordance with the ADG Code.
15.5 The Licensee must
ensure that all Listed Waste leaving the Premises is removed only by a waste
transporter currently licensed by the Authority.
15.6 The Licensee must
not spill Listed Waste onto soil.
15.7 The Licensee must
not permit Listed Waste to enter any sewerage system or stormwater drain.
15.8 Before any Listed
Waste leaves the Premises, the Licensee must advise the transporter of the
waste of the following matters:
15.8.1 the nature of
the waste;
15.8.2 any hazards
associated with the waste; and
15.8.3 any precautions
to be taken during the collection, transport or disposal of the waste.
15.9 The Licensee must
render such assistance as is necessary to prevent the spillage of any Listed
Waste during loading.
15.10 The Licensee
must provide such equipment as is necessary to contain and recover any spill
at the loading point.
15.11 The Licensee
must not mix solid Listed Waste with liquid Listed Waste.
NOTE:
In general, wastes are incompatible if, when mixed or otherwise brought into
contact, they are likely to interact and increase the risk to human health
and/or the environment. If a waste is classified as a dangerous good, the ADG
Code relating to the mixing of incompatible goods must be observed.
Notwithstanding the above, for the purpose of the Controlled Waste Measure,
mixing incompatible wastes also includes mixing of incompatible liquids and
mixing solid waste with Liquid Waste.
16.
16.1 The Licensee must
maintain in respect of listed wastes disposed of to landfill on the Premises,
such records and survey plans as the Authority may require and approve.
16.2 The Licensee must
make the records and survey plans available on demand to the Authority.
17. CONTROLLED WASTE TO BE TRANSPORTED TO A
DESTINATION WITHIN SOUTH AUSTRALIA
17.1 The Licensee must
enter the information set out in Schedule X on a WTC and ensure that the
information set out in Schedule Y is entered by the waste transporter on the
same WTC before any Controlled Waste on List 1a is transported off the
Premises.
17.2 The Licensee must
enter the information set out in Schedule A on a WTF and ensure that the
information set out in Schedule B is entered by the waste transporter on the
same WTF before any Controlled Waste on List 1b is transported off the
Premises.
17.3 In the event of a
WTC being required, the Licensee must:
17.3.1 retain the
green copy of the WTC for no less than 12 months;
17.3.2 post or
otherwise send the pink copy of the WTC to the Authority within seven days of
collection of the waste; and
17.3.3 give the white,
yellow and blue copies of the WTC to the transporter of the waste at the time
of collection.
17.4 In the event of a
WTF being required, the Licensee must:
17.4.1 retain the
green copy of the WTF for no less than 12 months; and
17.4.2 give the yellow
and blue copies of the WTF to the transporter of the waste at the time of
collection.
18. CONTROLLED WASTE TO BE TRANSPORTED TO A
DESTINATION OUTSIDE SOUTH AUSTRALIA
18.1 The Licensee must
enter the information set out in Schedule X on a WTC and ensure that the
information set out in Schedule Y is entered by the waste transporter on the
same WTC before any Controlled Waste on Lists 1a or 1b is transported off the
Premises.
18.2 The Licensee
must:
18.2.1 retain the
green copy of the WTC for no less than 12 months;
18.2.2 post or
otherwise send the green 'Tear-Off' slip to the environment Regulatory
Authority or a delegated facility in the State or Territory to which the waste
is to be taken;
18.2.3 post or
otherwise send the pink copy of the WTC to the Authority within seven days of
collection of the waste; and
18.2.4 give the white,
yellow and blue copies of the WTC to the transporter of the waste at the time
of collection.
18.3 The Licensee must
not permit Controlled Waste destined for another State or Territory to be
removed from the Premises unless a Consignment Authorisation has been obtained
by the Licensee from an agency in the jurisdiction of destination or from a
facility delegated by that agency prior to the collection of such wastes.
18.4 The Licensee must
confirm that the waste transporter is appropriately licensed in all States or
Territories through which the Controlled Waste will be transported.
19. LIQUID WASTE DEPOTS (OIL STORAGE)
19.1 The Licensee must
operate and maintain the depot in a manner that does not cause:
19.1.1 a nuisance or
offensive condition;
19.1.2 conditions
injurious to health or safety; or
19.1.3 damage to the
environment.
19.2 The Licensee must
ensure that, at all times whilst the depot is open, at least one person is
present at the depot who is responsible for the control and operation of the
depot and whose duties include, but are not limited to:
19.2.1 controlling the
reception, storage and removal of waste;
19.2.2 maintaining the
depot to a standard acceptable to the Authority;
19.2.3 controlling all
employees working in the depot; and
19.2.4 supervising all
persons entering the depot.
19.3 The Licensee must
not receive Liquid Waste from any person who is not licensed to collect waste
for fee or reward under the provisions of the Act.
19.4 The Licensee must
maintain, in respect of wastes received at the depot, such records and in such
manner as the Authority may require or approve.
19.5 The Licensee must
ensure that the records include information relating to the source, the
transporter, the type, chemical composition and quantities of waste received.
19.6 The Licensee must
ensure that the records are accessible to the Authority upon request.
19.7 The Licensee must
not receive waste at the depot unless it is accompanied by a properly
completed WTF.
20. When disposing of waste containing friable
asbestos the Licensee must:
20.1 deposit all Waste
Containing Friable Asbestos within that part of the depot dedicated for
asbestos waste;
20.2 provide survey
plans delineating that part of the depot dedicated for asbestos waste to the
Authority for approval;
20.3 hold a copy of
the survey plans required in paragraph 20.2 at the depot;
20.4 establish
permanent markers upon the depot, which clearly delineate that part of the
depot dedicated to Waste Containing Friable Asbestos;
20.5 contain Waste
Containing Friable Asbestos received at the depot in approved containers;
20.6 ensure that
containers in which waste asbestos is contained are lowered to the ground by
mechanical lifting equipment, and not dumped or dropped;
20.7 cover each batch
of containers in which waste asbestos is contained with Waste Fill, or Slag
from the Licensee's operations, to a depth of at least one metre by the close
of business on the day the waste was received;
20.8 ensure that the
Waste Fill, or Slag, extends two metres beyond the sides and ends of the
containers;
20.9 not cover Waste
Containing Friable Asbestos with Waste Fill, or Slag, without prior approval
of the Authority;
20.10 ensure that the
total depth of final cover over the container is not less than three metres,
which covering must be completed within three months of the disposal of the
waste;
20.11 maintain, in
respect of Waste Containing Friable Asbestos received at the depot, such
records and survey and in such manner as the Authority may require or approve;
20.12 ensure that the
records are accessible to the Authority upon request; and
20.13 not receive
Waste Containing Friable Asbestos at the depot without it being accompanied by
a properly completed WTC.
21. RECEIPT OF CONTROLLED WASTE FROM WITHIN SOUTH
AUSTRALIA
21.1 The Licensee must
not receive any Controlled Waste on List 1a (clarified) unless a WTC
containing the information set out in Schedules X and Y is supplied by the
transporter.
21.2 The Licensee must
not receive any Controlled Waste on List 1b unless a WTF containing the
information set out in Schedules A and B is supplied by the transporter.
21.3 In the event of a
WTC being specified, the Licensee must:
21.3.1 retain the
yellow copy of the WTC for no less than 12 months; and
21.3.2 post or
otherwise send the white copy of the WTC to the Authority within seven days of
receipt of the waste.
21.4 In the event of a
WTF being required, the Licensee must:
21.4.1 retain the
yellow copy of the WTF for no less than 12 months; and
21.4.2 post or
otherwise send the white copy of the WTF to the Authority within seven days of
receipt of the waste.
22. RECEIPT OF CONTROLLED WASTE FROM OUTSIDE SOUTH
AUSTRALIA
22.1 The Licensee must
not receive any Controlled Waste unless a WTC containing the information set
out in Schedules X and Y is supplied by the transporter.
22.2 The Licensee
must:
22.2.1 retain the
yellow copy of the WTC for no less than 12 months; and
22.2.2 post or
otherwise send the white copy of the WTC to the Authority within seven days of
receipt of the waste.
22.3 The Licensee must
not receive any Controlled Waste from another State or Territory unless a
Consignment Authorisation has been obtained from the Authority prior to the
collection of such wastes.
22.4 The Licensee must
report the receipt of a consignment (or load) to:
22.4.1 the producer;
22.4.2 the nominated
Agency in the jurisdiction of origin:
(a) in
other than NSW or the ACT, upon receipt of each consignment or load; or
(b) in
NSW and the ACT, as an aggregated report for the period specified by the
nominated Agency; and
22.4.3 the Authority
upon receipt of each consignment or load.
NOTE:
The means of 'reporting' receipt of Controlled Waste may vary depending on the
requirements of the State or Territory of destination. Where a docket system
is used, reporting consists in sending the relevant docket to the nominated
Agency. Where a docket system is not used [NSW and the ACT], the Licensee must
notify the producer directly.
22.5 The Licensee must
ensure that the facility reports any discrepancies between the information
provided in Schedules X and Y and the Controlled Waste as delivered to the
Authority as soon as possible, but, in any case within seven days of receipt
of the waste.
23. The Licensee must take reasonable steps to
ensure that Liquid Waste does not come into direct contact with the earth.
24. If the Licensee's name or postal address (or
both) changes, then the Licensee must inform the Authority within 28 days of
the change occurring.
25. The Licensee must display a copy of this
licence on a notice board or other suitable place at a location readily
accessible to the employees undertaking the activities to which the licence
relates.
26. The Licensee must ensure that every employee,
agent or contractor responsible for carrying out any task controlled by this
licence is properly advised as to the requirements of this licence and the
general environmental duty under section 25 of the Act that relate to that
person's tasks and responsibilities as employee, agent or contractor.
27. The Licensee must pay the annual authorisation
fee by the authorisation fee payment date.
Declaration for purposes of Environment Protection Act 1993
For the purposes of sections 25(3)(b) and 84(1)(b) of the Environment
Protection Act 1993 it is hereby provided that:
(a)
compliance with conditions 1, 2, 3, 4, 5, 6, 7, 8 and 9 of this licence will
satisfy the Licensee’s general environmental duty under section 25 of
the Environment Protection Act 1993 in relation to the form of air
pollution in respect of which these conditions are concerned; and
(b)
compliance with conditions 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22
and 23 will satisfy the Licensee’s general environmental duty under
section 25 of the Environment Protection Act 1993 in relation to the form
of solid, liquid or gaseous waste discharge pollution in respect of which
these conditions are concerned.
Table 1
Waste Soil—Physical Characteristics
|
WASTE FILL |
INTERMEDIATE LANDFILL COVER |
|---|---|
|
• less than 100
mm in diameter, homogeneous, consisting of clay, concrete, rock, sand, soil or
other inert mineralogical matter and not containing asbestos or bitumen (as
specified in Part 4 of the Environment Protection (Fees and Levy)
Regulations 1994 • not containing
significant organic material such as timber, vegetable matter or other waste
materials |
• less than 200
mm in diameter • not containing
significant organic material such as timber, vegetable matter or other waste
materials |
Table 2
Waste Soil—Chemical Characteristics
|
WASTE FILL |
INTERMEDIATE LANDFILL COVER | ||
|---|---|---|---|
|
CHEMICAL SUBSTANCE |
CONCENTRATlON |
CONCENTRATlON |
MAXIMUM LEACHATE CONCENTRATION |
|
Aldrin + deildrin (total) |
2 |
<2 |
# |
|
Arsenic |
20 |
<200 |
5 |
|
Barium |
300 | | |
|
Benzene |
1 |
<5 |
# |
|
Benzo(a)pyrene |
1 |
<2 |
# |
|
Beryllium |
20 |
<40 |
1 |
|
Cadmium |
3 |
<30 |
0.5 |
|
Cobalt |
170 |
<170 |
# |
|
Chlordane |
2 |
<2 |
# |
|
Chromium (III) |
400 |
<12% |
# |
|
Chromium (VI) |
1 |
<200 |
5 |
|
Copper |
60 |
<2000 |
10 |
|
Cyanides (total) |
500 |
<1000 |
10 |
|
DOT |
2 |
<2 |
# |
|
Ethylbenzene |
3.1 |
<100 |
# |
|
Heptachlor |
2 |
<2 |
# |
|
Lead |
300 |
<1200 |
5 |
|
Manganese |
500 |
<6000 |
50 |
|
Methyl mercury | |
<20 |
# |
|
Mercury |
1 |
<30 |
01 |
|
Nickel |
60 |
<600 |
2 |
|
Total Petroleum Hydrocarbons (TPH) C.-C 9 |
65 |
<100 |
# |
|
TPH > C. |
1000 |
<1000 |
# |
|
Phenolic compounds (total) |
05 |
<17000 |
# |
|
Polychorinated biphenyls |
2 |
<2 |
# |
|
Polycyclic Aromatic Hydrocarbons (PAH) (total) |
5 |
<40 |
# |
|
Toluene |
1.4 |
<50 |
# |
|
Xylene (total) |
14 |
<180 |
# |
|
Zinc |
200 |
<14000 |
250 |
|
1 The assessment of the chemical analysis carried
out on samples of the waste soil in accordance with this condition may include
scientifically valid statistical analysis to justify classification of the
waste soil in accordance with the values listed in this table. 2 '#' indicates that leachate testing for that
chemical substance is not required provided that the concentration of that
chemical substance in mg/kg (dry weight) does not exceed the value specified
for that category of waste soil. 3 '<'= 'less than' | |||
Schedule A WTF Requirements for Producers
Producer to insert in Part A the following:
• name of waste
producer
• address of
waste source (producer)
• type of waste
collected by marking one of the boxes in Part A of the form
• amount of
liquid waste in litres or numbers of tyres.
• signature of
the producer of the waste (or authorised agent)
• date of
collection from the producer of the waste
Schedule B WTF Requirements for Transporters
Transporter to insert in Part B the following:
• the name of
the licensed waste transporter
• EPA license
number for the waster transporter
• vehicle
registration no. for the waster transporter
• signature and
name of the waster transporter or authorised agent
• date of
collection of by the waste transporter.
Schedule X WTC Requirements for Producers
Producer to insert in Part A
• Description of
the waste(s) [Use proper shipping name/technical name if applicable for
Dangerous Goods]
• The physical
nature of the waste
• Waste code(s)
(As specified in List 1)
• Contaminant(s)
(As specified in List 1)
• UN Number(s)
• UN Code(s)
• Dangerous
Goods Class(es) (UN Class(es)) [and Subsidiary Risk if applicable for
Dangerous Goods]
• Packaging
Group number
• Amount of
waste(s)
• Waste origin
code (ANZ Standard Industry Code)
• Type of
package (eg bulk) [and number of packages of each type if applicable for
Dangerous Goods]
• Facility name
• Facility
address
• Facility
licence number
•
State/Territory of destination
• Name of waste
producer
• Address of
waste source
•
Producer’s telephone number
• Emergency
contact number in the event of accident or spillage
• Consignment
authorisation number (When waste is to be transported to another State or
Territory)
• Producer
licence number
• Date of
dispatch
• Signature of
the producer or authorised agent
Producer to insert in "tear-off"
• Name of waste
producer
• Address of
waste source
• Description of
the waste(s) [Use proper shipping name/technical name if applicable for
Dangerous Goods]
• Producer
licence number
• Signature of
the producer or authorised agent
• Quantity of
waste
Schedule Y WTC Requirements for Transporters
Transporter to insert in Part B
• Name of
transporter(s)
• Address of
transporter(s)
• Vehicle
registration number(s)
• Type of
transport eg road, rail
• Transporters
licence number(s)
• Date of
transport
• Signature of
the waste transporter
Transporter to insert in "tear-off"
• Name(s) of
transit State(s)/Territory or Territories
• Name of
Transporter
• Transporter
Licence Number
List 1a
Waste stream or wastes having as constituents:
|
Acidic solutions or acids in solid form |
B100 |
|
Antimony; antimony compounds |
D170 |
|
Arsenic; arsenic compounds |
D130 |
|
Asbestos |
N220 |
|
Barium compounds (excluding barium sulphate) |
D290 |
|
Basic solutions or bases in solid form |
C100 |
|
Beryllium; beryllium compounds |
D160 |
|
Boron compounds |
D310 |
|
Cadmium; cadmium compounds |
D150 |
|
Ceramic-based fibres with physico-chemical characteristics similar to those of
asbestos |
N230 |
|
Chlorates |
D350 |
|
Chromium compounds (hexavalent and trivalent) |
D140 |
|
Clinical and related wastes |
R100 |
|
Cobalt compounds |
D200 |
|
Containers which are contaminated with residues of substances referred to in
this list |
N100 |
|
Copper compounds |
D190 |
|
Cyanides (inorganic) |
A130 |
|
Cyanides (organic) |
M210 |
|
Encapsulated, chemically-fixed, solidified or polymerised wastes |
N160 |
|
Ethers |
G100 |
|
Filter cake |
N190 |
|
Fire debris and fire washwaters |
N140 |
|
Fly ash |
N150 |
|
Halogenated organic solvents |
G150 |
|
Highly odorous organic chemicals (including mercaptans and acrylates) |
M260 |
|
Inorganic fluorine compounds excluding calcium fluoride |
D110 |
|
Inorganic sulphides |
D330 |
|
Isocyanate compounds |
M220 |
|
Lead; lead compounds |
D220 |
|
Mercury; mercury compounds |
D120 |
|
Metal carbonyls |
D100 |
|
Nickel compounds |
D210 |
|
Organic phosphorus compounds |
H110 |
|
Organic solvents excluding halogenated solvents |
G110 |
|
Organohalogen compounds - other than substances referred to in this list |
M160 |
|
Perchlorates |
D340 |
|
Phenols, phenol compounds including chlorophenols |
M150 |
|
Phosphorus compounds excluding mineral phosphates |
D360 |
|
Polychlorinated dibenzo-furan (any congener) |
M170 |
|
Polychlorinated dibenzo-p-dioxin (any congener) |
M180 |
|
Residues from industrial waste treatment/disposal operations. |
N205 |
|
Selenium; selenium compounds |
D240 |
|
Soils contaminated with a controlled waste |
N120 |
|
Surface active agents (surfactants), containing principally organic
constituents and which may contain metals and inorganic materials |
M250 |
|
Tannery wastes (including leather dust, ash, sludges and flours) |
K140 |
|
Tellurium, tellurium compounds |
D250 |
|
Thallium; thallium compounds |
D180 |
|
Triethylamine catalysts for setting foundry sands |
M230 |
|
Vanadium compounds |
D270 |
|
Waste chemical substances arising from research and development or teaching
activities including those which are not identified and/or are new and whose
effects on human health and/or the environment are not known |
T100 |
|
Waste containing peroxides other than hydrogen peroxide |
E100 |
|
Waste from heat treatment and tempering operations containing cyanides |
A110 |
|
Waste from the manufacture, formulation and use of wood-preserving chemicals |
H170 |
|
Waste from the production, formulation and use of biocides and
phytopharmaceuticals |
H100 |
|
Waste from the production, formulation and use of inks, dyes, pigments,
paints, lacquers and varnish |
F100 |
|
Waste from the production, formulation and use of organic solvents |
G160 |
|
Waste from the production, formulation and use of photographic chemicals and
processing materials |
T120 |
|
Waste from the production, formulation and use of resins, latex, plasticisers,
glues and adhesives |
F110 |
|
Waste from the production and preparation of pharmaceutical products |
R140 |
|
Waste pharmaceuticals, drugs and medicines |
R120 |
|
Waste resulting from surface treatment of metals and plastics |
A100 |
|
Waste tarry residues arising from refining, distillation, and any pyrolytic
treatment |
J160 |
|
Waste, substances and articles containing or contaminated with polychlorinated
biphenyls (PCBs), polychlorinated naphthalenes (PCNs), polychlorinated
terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) |
M100 |
|
Waste of an explosive nature not subject to other legislation |
E120 |
|
Zinc compounds |
D230 |
List 1b
Waste stream or wastes having as constituents:
|
Animal effluent and residues (abattoir effluent, poultry and fish processing
waste) |
K100 |
|
Grease trap waste |
K110 |
|
Non toxic salts |
D300 |
|
Tyres |
T140 |
|
Waste mineral oils unfit for their original intended use |
J100 |
|
Waste oil/water, hydrocarbons/water mixtures or emulsions |
J120 |
|
Wool scouring waste |
K190 |
This consolidation is provided for convenience only and does not form part of
the Act.
Original Indenture and amendments
|
Year |
No |
Title |
Assent |
Commencement |
|---|---|---|---|---|
|
1958 |
28 |
Broken Hill Proprietary Company's Steel Works Indenture Act 1958 |
13.11.1958 |
12.12.1958 ( Gazette 18.12.1958 p1635 ) |
|
2000 |
15 |
Statutes Amendment (BHP Indentures) Act 2000 |
11.5.2000 |
11.5.2000 |
THIS INDENTURE made the fourth day of September 1958 BETWEEN the State of
South Australia (hereinafter referred to as "the State") of the one part and
THE BROKEN HILL PROPRIETARY COMPANY LIMITED a company incorporated in the
State of Victoria and having its registered office in South Australia at
Number 28 Franklin Street Adelaide (hereinafter referred to as "the Company"
which expression shall include the successors and assigns of The Broken Hill
Proprietary Company Limited) of the other part:
WHEREAS the establishment of steel works in South Australia would greatly
increase the economic strength of the State and provide opportunities for the
employment and advancement of its citizens and be instrumental in influencing
other industries which substantially depend on the products of the Company in
their processes of manufacture to establish operations at Whyalla:
AND WHEREAS the State has requested the Company to extend its undertaking at
Whyalla by the establishment of steel-making plant, rolling mills and other
works associated therewith or ancillary or incidental thereto, and the Company
is willing to do so upon satisfactory arrangements for that purpose being
made:
AND WHEREAS for the proper conduct of its operations it is necessary that the
Company should be assured of supplies of raw materials, and security of tenure
of certain lands and mineral and other leases, and be granted certain powers
and rights:
NOW THIS INDENTURE WITNESSETH that the parties hereto covenant and agree with
each other as follows:
1. Ratification and operation of Indenture
(1) The clauses of
this Indenture other than this clause shall not come into operation unless the
Parliament of the State passes a Bill to ratify this Indenture and unless the
Act resulting from the passage of such a Bill comes into operation before the
1st day of January 1959.
(2) If such a Bill is
so passed this Indenture shall upon the day when the Bill becomes operative as
an Act come into operation and be binding on the parties hereto.
(3) Without in any way
derogating from any right or remedy of the Company in respect of a breach of
this Indenture if the Parliament of the State should at any time alter or
amend the Act passed to ratify this Indenture or should enact legislation
which modifies the rights of the Company under such Act or under this
Indenture the Company shall have the right to terminate this Indenture.
2. Interpretation
In this Indenture, unless the context otherwise requires—
"the Indenture of 1937" means the Indenture set out in the schedule to the
Broken Hill Proprietary Company's Indenture Act, 1937 :
"the Middleback Range area" means the area shown on the plan set out in the
Appendix A hereto being an area of 242 square miles or thereabouts in the
Counties of Hore-Ruthven, Manchester and York, bounded as follows:
Commencing at a point latitude 32 degrees, 41 minutes south and longitude 137
degrees, 5 minutes east near White Dam in the county of Hore-Ruthven, thence 5
miles, 60 chains east, thence 42 miles south, thence 5 miles, 60 chains west,
thence north to the point of commencement; all bearings true:
"steel works" means steel-making plant, rolling mills and other works
associated therewith or ancillary or incidental thereto at Whyalla:
"reserved area" means an area which by or pursuant to a proclamation made
under the Mining Act, 1930–1955 , or any subsequent amendment or
re-enactment thereof is reserved from the operation of all or any of the
provisions of that Act:
"subsidiary company" or "subsidiary" means a company in which the Company
holds directly or indirectly at least one half of the issued share capital:
"associated company" means any company carrying on operations at or near
Whyalla which substantially depends on the products of the Company for its
trading or manufacturing processes:
"the ratification of this Indenture" means the day upon which this Indenture
comes into operation.
3. Construction of works by the Company
(1) At a date not
later than the 1st day of January 1960 the Company will commence the
construction of steel works at Whyalla and subject to sub-clause (5) of this
clause will by the 31st day of December 1970 expend on such construction the
sum of £30 million in the aggregate.
(2) In computing such
expenditure there shall be taken into account all moneys expended by the
Company after the 18th day of February 1958 in connection with such
construction.
(3) Notwithstanding
anything contained in subclause (2) of this clause expenditure by the Company
on the construction of a beneficiation and treatment plant for jaspilite and
other iron bearing substances shall not be taken into account in computing the
expenditure of the Company on steel works.
(4) The Company will,
if required by the State, as early as practicable after the end of each
financial year until the sum of £30 million has been expended by the
Company on the construction of steel works supply to the State a summary
audited by the Company's auditors of its expenditure on steel works during
such financial year.
(5) If the Company
should at any time suffer any delay in the construction of steel works by
reason of or arising from any cause beyond the reasonable control of the
Company, the date for the completion of the expenditure of £30 million on
such construction will be postponed after the said 31st day of December 1970
by a period equal to the period of such delay and any further delay
consequential thereon.
(6) Whenever any such
delay or further delay consequential thereon occurs the Company will within a
reasonable time report it in writing to the State.
4. Prospecting rights of Company
(1) Notwithstanding
the Proclamations made on the 15th day of March 1951 and the 17th day of
February 1955 under paragraph (c) of section 6 of the Mining
Act 1930–1951 , the Company shall for a period of ten years after
the ratification of this Indenture and during any period of extension as
provided in subclause (2) of this clause, have within the Middleback Range
area—
(a) the sole and
exclusive right to prospect for iron ore and iron bearing substances; and
(b) a non-exclusive
right to prospect for metal, minerals and natural substances other than iron
ore or iron bearing substances.
(2) The Company's
rights under this clause will continue for a further period of ten years
beyond the period referred to in subclause (1) of this clause unless they
cease as provided by subclause (5) of this clause.
(3) For the purpose of
any such prospecting the Company may without payment enter and occupy any land
within the Middleback Range area and may on any such land erect buildings and
structures, drill and dig holes, and carry out such other work as the Company
deems necessary but the Company shall not have any such rights over any
land—
(a) which for the time
being is lawfully used as the site of a house, outhouse, shed, building,
structure, dam or reservoir, or as a yard, garden, cultivated field, orchard,
stockyard or other like enclosure; or
(b) which at the date
of the ratification of this Indenture is comprised in any claim or lease held
under the laws relating to mining by a person other than the Company.
(4) If any such claim
or lease as is referred to in paragraph (b) of subclause (3) of this clause
is terminated on or before the expiration of ten years after the ratification
of this Indenture or during any extension under subclause (2) hereof the
restriction on the Company's rights under this clause which is contained in
the said paragraph (b) shall cease to have any operation in respect of the
land comprised in such claim or lease.
(5) If the Company at
any time before the expiration of twenty years after the ratification of this
Indenture ceases to require all or any of the rights conferred upon it by
subclause (1) of this clause, it shall notify the State of that fact and
thereupon the Company's rights under subclause (1) of this clause shall cease
to the extent indicated in the notice but not otherwise.
(6) During the period
of ten years after the ratification of this Indenture and during any extension
under subclause (2) of this clause the State will not register any claim or
grant any lease by which any person other than the Company will obtain under
the laws relating to mining or otherwise any rights to mine or take natural
substances within the Middleback Range area unless the Company's rights under
this clause in relation to the area concerned have ceased as provided by
subclause (5) of this clause, or unless the Company reports to the State that
the area concerned does not contain iron ore or iron bearing substances
required by the Company. The Company will, when requested by the State,
furnish the State with such information as the Company is then able to
furnish, on the question whether any area specified by the State contains iron
ore or iron bearing substances required by the Company.
5. Right to leases in the Middleback Range area
(1) Upon application
by the Company during any period provided for under clause 4 of this Indenture
the State will grant to the Company or will procure the grant to the Company
of mineral leases upon the terms provided for in this Indenture conferring
upon the Company rights to mine for and obtain iron ore and other iron bearing
substances from any land within the Middleback Range area specified by the
Company in such application.
(2) Every mineral
lease granted pursuant to this clause shall be for a period of 50 years from
the date of the grant thereof with rights of renewal from time to time as
provided by clause 13 of this Indenture.
(3) Subject to the
provisions of this Indenture any such mineral lease shall be in the form or to
the effect set out in the Appendix B hereto.
(4) Nothing in this
Indenture shall limit any rights of the Company under the Mining laws of the
State and upon application by the Company for leases or other rights in
respect of metals, minerals and other natural substances (other than iron ore
and iron bearing substances) within the Middleback Range area the State will
grant to the Company or will procure the grant to the Company of such leases
or rights in terms no less favourable than those provided for by the Mining
laws of the State.
6. Iron ore and iron bearing materials discovered
in reserved areas
(1) If prospecting by
the State in a reserved area proves the existence of a worthwhile deposit of
iron ore or iron bearing substances the State will as soon as practicable give
the Company notice of the discovery of such deposit and any information in the
possession of the State as to the deposit.
(2) Without in any way
derogating from any other rights of the Company, after receipt of notice under
subclause (1) of this clause the Company may apply to the State for such
mineral or other leases as will enable the Company to prospect for mine or
obtain iron ore or other iron bearing substances on or from such deposit or
any part thereof.
(3) Upon any such
application being made the State may in its discretion grant to the Company or
procure the grant to the Company of mineral or other leases upon such terms as
may be agreed upon between the State and the Company as being just and
reasonable having regard to the matters set out in the recitals of this
Indenture.
7. Iron ore and iron bearing materials outside
reserved areas
(1) Nothing in this
Indenture shall in any way restrict any right of the Company under the Mining
laws of the State or otherwise—
(a) to prospect for
iron ore or other iron bearing substances in areas other than reserved areas;
or
(b) to peg and
register claims and be granted mineral and other leases over land in such
areas.
(2) The Company may
from time to time apply to the Minister of Mines to make a declaration that
any specified area not exceeding 50 square miles in which the Company is
prospecting or is about to prospect for iron ore or iron bearing substances
shall be an approved prospecting area for the purposes of this clause.
(3) The Minister may,
in his discretion, grant or refuse an application under subclause (2) but
shall not capriciously refuse it.
(4) A declaration
under this clause shall be made by written notice to the Company and shall
remain in operation for a period fixed by the notice not exceeding four years.
The period of operation may be extended by the Minister from time to time for
not more than four years at any one extension. The Minister shall not
capriciously refuse an application by the Company for an extension under this
sub-clause.
(5) No proclamation
reserving any land from the operation of all or any provisions of the Mining
Act, 1930–1954 , or of any Act amending or substituted for that
Act, shall take away or restrict any right of the Company—
(a) to prospect within
an approved prospecting area for iron ore and other iron bearing substances;
or
(b) to peg out and
register claims over land situated within an approved prospecting area and
containing such ore and substances; or
(c) to be granted
mineral leases over such land.
(6) Subclauses (2) to
(5) of this clause shall not be deemed to derogate from any other rights of
the Company under the Mining laws of the State or this Indenture.
(7) Subject to the
provisions of this Indenture relating to royalties and labour conditions any
mineral lease granted to the Company pursuant to this clause shall be in the
form or to the effect set out in the Appendix B hereto.
8. Rent for mineral leases
(1) Notwithstanding
the provisions of any mineral lease held by the Company at the time of the
ratification of this Indenture or granted to the Company pursuant to this
Indenture the Company shall during the period of twenty years after the
ratification of this Indenture pay to the State as and by way of rent for all
of such leases so held or granted the annual sum of £12,000 in addition
to the rent fixed by any such lease.
(2) Upon the
expiration of such period of twenty years the Company shall pay to the State
the rental fixed by any such lease and no more.
9. Royalties
(1) Subject to
subclauses (3) and (4) of this clause the Company shall pay to the Treasurer
royalties in accordance with this Indenture on all iron ore and other iron
bearing substances obtained by the Company from land comprised in mineral
leases held by the Company at the time of the ratification of this Indenture
or granted to the Company pursuant to this Indenture.
(2) The rates of
royalty shall be—
(a) eighteen pence a
ton on—
(i)
each ton of high grade iron ore fed directly to furnaces
in South Australia or shipped from South Australia without beneficiation; and
(ii)
each ton of the dry weight of beneficiated iron bearing
substances or iron concentrates fed to furnaces in South Australia or shipped
from South Australia;
(b) sixpence a ton on
the dry weight of all jaspilite and of all other iron bearing substances of
similar grade which without beneficiation are fed directly to furnaces in
South Australia or shipped from South Australia.
(3) The said rates
shall be substituted for the rates of sixpence per ton payable on iron ore and
other iron bearing substances under any of the leases of the Company in
existence at the time of the ratification of this Indenture.
(4) The rate of
royalty fixed by subclause (2) of this clause is related to a basis selling
price by the Company of foundry pig iron of £21 7s. 6d. per ton,
c.i.f. Port Adelaide. If such basis selling price on the 30th day of June in
any year exceeds or is less than £21 7s. 6d. per ton, c.i.f. Port
Adelaide the royalty payable under this clause shall be increased or decreased
as the case may be by one penny per ton on high grade iron ore and by
one-third of one penny per ton on jaspilite and other iron bearing substances
of similar grade for each complete £1 of the increase or decrease of such
basis selling price above or below £21 7s. 6d.
(5) In the event of
the Company ceasing at any time to sell foundry pig iron at a price calculated
with reference to the price per ton c.i.f. Port Adelaide nevertheless there
shall be calculated by the Company a notional basis selling price per ton
c.i.f. Port Adelaide as if the Company were selling foundry pig iron c.i.f.
Port Adelaide and this shall be the basis selling price for the purposes of
subclause (4) hereof.
10. Payment and computation of royalties
(1) The royalties
payable under clause 9 of this Indenture shall be paid within two months after
the end of each half-year ending on the 31st May or 30th November as the case
may be.
(2) —
(a) For the purpose of
computing the tonnage upon which royalty is payable the Company's weighbridge
and weightometer records with any adjustments necessary to compensate for
known errors in weighing shall be prima facie evidence of the matters
contained therein.
(b) For the purpose of
determining the moisture content of any beneficiated iron bearing substances
or iron concentrates on the dry weight of which royalty is payable under this
Indenture, the returns furnished by the Company shall be prima facie evidence
of the matters contained therein.
(c) The State may at
any time check and verify the calculations of the Company.
(3) In the months of
December and June of each year the Company will furnish to the Minister of
Mines of the State—
(a) a return of all
substances chargeable with royalty, fed directly to furnaces or shipped as
aforesaid during the period of six calendar months ending on the preceding
30th November or 31st May as the case may be;
(b) any other
information reasonably required by the Minister of Mines for the purpose of
enabling him to compute the amount of royalty payable by the Company.
(4) The Minister of
Mines and his officers, servants and agents for the purpose of checking and
verifying any such return shall during normal office hours have access to and
the right of inspection of all books, papers and documents of the Company
insofar as they relate to substances chargeable with royalty, and the right to
enter and examine the lands comprised in the said leases.
11. Labour conditions of leases
Notwithstanding anything contained in the Indenture of 1937 or in the mining
laws of the State the Company shall be deemed to have complied with the labour
conditions of all the mineral or other leases held by the Company at the date
of the ratification of this Indenture or which may be granted to the Company
pursuant to this Indenture if the number of men horsepower and horses employed
on any one or more of those leases is not less than the total number of men
horsepower and horses required by the Mining laws of the State at the date of
the ratification of this Indenture to be employed on all the said leases.
12. Raw materials other than iron
(1) As and when
requested by the Company the State will in collaboration with the Company or
otherwise carry out or procure the carrying out of prospecting and exploratory
work in areas specified by the Company to locate suitable deposits of metals
and minerals (other than iron ore and iron bearing substances) required by the
Company for its operations generally.
(2) The Company will
pay to the State the reasonable costs of any work under subclause (1) of
this clause.
(3) On the application
of the Company the State will grant to the Company or procure the grant to the
Company of mineral or other leases or rights under the Mining laws of the
State to enable the Company to mine for and obtain any such metals or
minerals.
13. Renewals of mineral leases
(1) Notwithstanding
any enactment, the Company shall be entitled to the renewal from time to time
of any mineral lease granted to the Company (whether before or after the
ratification of this Indenture) and under which the Company obtains materials
which it deems essential for any operations of the Company at Whyalla or its
steel-making operations generally.
(2) Each renewal shall
be for a term of twenty-one years or any shorter term applied for by the
Company.
(3) The State upon the
application of the Company shall grant to the Company or procure the grant to
the Company of any such renewal.
(4) Except as provided
in subclause (5) of this clause, the terms, covenants, conditions and other
provisions of a lease granted under this clause by way of renewal shall be the
same as those of the renewed lease.
(5) By way of the
renewal of a mineral lease granted to the Company before the ratification of
this Indenture and under which the Company mines for iron ore or other iron
bearing substances, a lease for twenty-one years in the form set out in the
Appendix B hereto or as near thereto as practicable shall be granted to the
Company.
(6) This clause shall
not restrict the operation of any provision of any lease relating to the
forfeiture thereof for breach or non-performance of any term, covenant or
condition thereof.
14. Land for construction and operation of
steel works
(1) If for the purpose
of or in connection with the construction or operation of steel works the
Company should require the fee simple of or any lease easement or other rights
over any land comprised in any pastoral or other lease granted by the State,
and the State or any authority under the State has power to resume such land
the State shall at the request of the Company exercise or procure the exercise
of such power to the extent necessary and transfer convey or assign to the
Company or procure the transfer conveyance or assignment to the Company of the
land, lease, easement or rights which the Company requires for the purposes
aforesaid; but the Company shall pay to the State or other authority a
reasonable price for such land, lease, easement or rights sufficient to cover
the expenditure incurred by the State or other authority for or in connection
with the resumption.
(2) If for any of the
purposes mentioned in subclause (1) of this clause the Company requires the
fee simple of or any rights over any Crown lands not subject to any lease or
agreement the State will sell to the Company at such reasonable price as may
be agreed the fee simple of that land or the other rights required by the
Company over that land.
15. Purchase of Whyalla town water supply
The State will, not later than two months after the ratification of this
Indenture in accordance with such arrangements as are agreed upon between the
parties take over from the Company and operate the mains, pipes, meters,
fittings and other works, plant and equipment owned by the Company and used
for the reticulation of water within the area of the Whyalla Water District
proclaimed under the Northern Areas and Whyalla Water Supply Act 1940 .
16. Water for the company's operations
(1) The State will
supply to the Company or to any subsidiary or associated company or procure
the supply to such company of such amounts of water as such company requires
from time to time—
(a) for the operations
of any such company at Whyalla or within the Middleback Range area; and
(b) for local
reticulation to the public at Iron Knob or elsewhere within the Middleback
Range area if such reticulation is undertaken by any such company.
Provided that the State will not be obliged to supply more than 1,000 million
gallons per annum unless the Company notifies the State in writing that it
requires a supply from the Morgan-Whyalla pipeline in excess of 1,000 million
gallons per annum, in which case the State will procure that within a period
of three years from the date of such notice being given to it there will be
available to the Company the whole of its requirements in excess of 1,000
million gallons per annum.
(2) Delivery of water
to the Company for consumption or use at Iron Knob or elsewhere in the
Middleback Range area may at the option of the Company be taken either at a
point on the said Morgan-Whyalla pipeline or elsewhere.
(3) The price to be
paid for water delivered to the Company or to a subsidiary or associated
company at any point on the Morgan-Whyalla pipeline or at Whyalla shall be the
basic price set out in subclause (5) of this clause or such lower price as is
charged by the Minister of Works pursuant to any law for the time being in
force.
(4) The price to be
paid for any water delivered to the Company or to a subsidiary or associated
company elsewhere than at a point on the Morgan-Whyalla pipeline shall be the
basic price plus the following amounts:
(a) Such proportion of
the interest and sinking fund on capital expenditure incurred by the State in
constructing a branch pipeline and incidental works to convey water from the
Morgan-Whyalla pipeline to the point of delivery, as is attributable to water
delivered to the Company or to the subsidiary or associated company as the
case may be:
(b) Such proportion of
the cost of maintenance and repairs of the branch pipeline and incidental
works, and of overhead expenses incurred in connection therewith as is
attributable to water delivered to the Company or to the subsidiary or
associated company as the case may be; and
(c) The cost of
pumping the water delivered to the Company or to the subsidiary or associated
company as the case may be from the Morgan-Whyalla pipeline to the point of
delivery.
(5) For the purpose of
this clause the basic price of water shall be:
|
Per Thousand |
Gallons. | |
|---|---|---|
|
For all water up to the first 300 million gallons per year of supply |
2 |
4 |
|
For all water above 300 million gallons and up to 420 million gallons per year
of supply |
2 |
3 |
|
For all water above 420 million gallons and up to 540 million gallons per year
of supply |
2 |
2 |
|
For all water above 540 million gallons and up to 600 million gallons per year
of supply |
2 |
1 |
|
For all water above 600 million gallons per year of supply |
2 |
0 |
17. Option of Company to construct a main
(1) Without in any way
derogating from the obligations of the State under this Indenture the Company
may—
(a) construct a water
main from a point on the Morgan-Whyalla pipeline to a point or points in the
Middleback Range area; or
(b) request the State
to construct such a water main on behalf of and at the expense of the Company.
The junction of such water main with the Morgan-Whyalla pipeline shall be at a
place convenient to the Company and approved by the Minister of Works, which
approval shall not be unreasonably withheld.
(2) At the request of
the Company the State will grant to the Company or procure the grant to the
Company of such easements or other rights as the Company may reasonably
require for the purpose of constructing repairing or maintaining such a water
main or doing anything necessary for such purpose.
(3) The Company will
if the State so desires sell water to the State from the said water main for
reticulation to retail consumers at a price to be agreed between the Company
and the State.
18. Quality of water
The water to be delivered to the Company under this Indenture shall be potable
water in the condition in which it is drawn from the River Murray and without
filtering, treatment or change except such change (if any) as necessarily
occurs during the transmission of the water from the River Murray to the point
of delivery to the Company.
19. Minimum payment for water
(1) Subject to
subclause (2) of this clause, the Company shall pay the Minister of Works on
the first day of each quarter in each year of supply the sum of £6,000
for water supplied or to be supplied during that quarter.
(2) If during any year
of supply the sum payable by the Company pursuant to this Indenture for water
delivered to the Company exceeds £24,000, the Company shall within one
month after the end of that year of supply pay to the Minister of Works the
amount by which such sum exceeds £24,000. Provided that if in any year of
supply during a triennial period the sum payable by the Company pursuant to
this Indenture for water delivered to the Company is less than £24,000,
and in any subsequent year of supply during the same triennial period the sum
payable by the Company pursuant to this Indenture for water so delivered is
more than £24,000, then the amount by which the sum payable by the
Company in the earlier year of supply was less than £24,000 shall be
carried forward to the credit of the Company and set off against any sum or
sums in excess of £24,000 payable by the Company in any such subsequent
year of supply. Provided also that in respect of each triennial period the
Company shall not be obliged to pay more than £72,000, or the price of
the water delivered to it during that period whichever is the greater.
(3) In this
clause—
"year of supply" means the period of twelve months commencing on the 1st day
of May in any year;
"triennial period" means a period of three years commencing on the 1st day of
May 1959, or on the corresponding day in any third year thereafter;
"quarter" means the period of three months commencing on the 1st day of May
August November and February in any year.
20. Measurement of water
(1) The Minister of
Works shall measure all water delivered to the Company under this Indenture by
a suitable meter or meters.
(2) The Minister of
Works shall, during each month, give the Company a written notice of the
amount of water shown by the meter or meters as having been delivered to the
Company during the previous month. The notice shall be conclusive evidence of
the amount of water delivered in the month to which it relates unless it is
disputed as provided in this clause.
(3) The Company may
within one month after receipt of any such notice, give the Minister of Works
a written notice that it disputes the correctness of the amount of water shown
in the notice given by the Minister of Works, and that it requires the meter
or meters to be tested.
(4) The Minister of
Works shall on the receipt of such notice, test the meter or meters by passing
through it or them, into a receptacle of known capacity, sufficient water to
fill that receptacle or any part thereof of known capacity. The Company shall
if so required by the Minister of Works permit him to use without payment, for
the purpose of a test under this subclause, any dam or reservoir of the
Company which is suitable for that purpose, and can conveniently be so used.
(5) If on such test it
appears that any meter is not measuring correctly the water actually
delivered, the amount of water shown in the disputed notice and in any
subsequent notice given by the Minister of Works prior to the test shall be
altered by the Minister of Works so as to show the true amount of water
delivered, and the liability of the Company shall be adjusted accordingly.
Thereafter, if the meter is not corrected or replaced, due allowance for the
error shall be made in each monthly notice showing the amount of water
delivered to the Company.
(6) The Company may,
at its own expense, install a meter or meters at any convenient point in the
pipe from which water is delivered to the Company. The readings of any such
meter shall be for the information of the Company, but shall not be binding on
the Minister of Works unless he agrees to accept them, with or without
adjustments, as correct.
(7) The Minister of
Works may, without any request from the Company, at any time test any meter
installed by him for the purpose of measuring the water delivered to the
Company, and the Company shall if so required by the Minister of Works permit
the Minister of Works to use for the purpose of the test any dam or reservoir
of the Company which is suitable for that purpose and can conveniently be so
used.
21. Electricity
The State will facilitate the making of a just agreement between the Company
and the Electricity Trust of South Australia providing for the following
matters:
(a) The erection of a
high-tension electricity transmission line from the Trust's power stations at
Port Augusta to Whyalla;
(b) The taking over
from the Company by the Trust in accordance with such arrangements as are
agreed between the Company and the Trust of the assets of the Company used for
the reticulation of electricity at Whyalla;
(c) The supply to the
Trust at the request of the Trust of electricity generated by the Company and
the supply by the Trust to the Company at the request of the Company of the
electricity required by the Company; and
(d) Securing to the
Company the right to generate electricity for its own requirements or for
supply to any subsidiary or associated company and to charge for any such
supply.
22. Housing
(1) The Company will
from time to time during the construction of steel works or of any extensions
of the Company's undertaking at Whyalla inform the State of the number of
houses which in the Company's opinion will be required for employees (other
than the senior staff) of the Company and of any subsidiary or associated
company at Whyalla.
(2) The State will
build or procure the building of the number of houses required for such
employees, and give such employees the opportunity to purchase or become
tenants of such houses on reasonable terms and conditions; Provided however
that the State will not be obliged to build or procure the building of more
than 400 houses in any one year.
(3) The State will
arrange consultations between the Company and the South Australian Housing
Trust for the purpose of securing the provision of houses under this clause.
23. Labour
The State will, so far as its powers and administrative arrangements permit,
assist the Company to obtain adequate and suitable labour as required for the
construction and operation of steel works.
24. Use of sea water
The Company or any subsidiary or associated company may without payment—
(a) draw from the sea
in the vicinity of Whyalla all sea water which is required for its operations
at Whyalla; and
(b) construct on any
land which such company has the right to use or occupy or on the sea bed, any
works which it requires for the purpose of obtaining, pumping and delivering
such water.
25. Use and reclamation of foreshore and sea bed
(1) The Company shall
have the right to use and occupy the foreshore and sea bed within the area
described in subclause (3) of this clause and to deposit substances thereon so
as to reclaim the foreshore, sea bed, or any part thereof from the sea.
(2) On the application
of the Company, the State will without payment grant or cause to be granted to
the Company the fee simple of any land which, whether as a result of
reclamation or otherwise, is above high water mark and is within the area
described in subclause (3) of this clause.
(3) The area referred
to in this clause is the land shown on the plan set out in the Appendix C
hereto being the land bounded as follows:
Commencing at the south-eastern corner of section 27, Hundred of Cultana;
thence generally north-easterly along high water mark to its intersection with
a straight line drawn from the northernmost corner of section 2 of the
said Hundred at a southern angle of 135 degrees with the north-western
boundary of said section 2; thence south-easterly along the production of
latter line to low water mark; generally south-westerly along said low water
mark to its intersection with the north-eastern boundary of the land contained
in perpetual licence No. 319A, Register Book Volume 1013 Folio 20; thence
southerly by a straight line to the north-eastern corner of the land contained
in perpetual licence No. 319, Register Book Volume 512 Folio 105;
north-westerly along the north-eastern boundary of latter licence to high
water mark aforesaid; thence generally northerly along said high water mark to
the point of commencement, together with the coast reserves adjoining part
section 19, Hundred of Randell, and section 2, Hundred of Cultana.
26. Works area to remain outside town
The following areas, namely:
(a) the land comprised
in Certificates of Title Register Book Volume 1804 Folio 179, Volume 2035
Folio 189, Volume 1093 Folio 115, and Volume 2035 Folio 190;
(b) the land comprised
in perpetual lease 12974, Register Book Volume 916 Folio 16;
(c) any land north or
east of the Company's tramway which the Company or any subsidiary or
associated company acquires for use or uses as the site of any works; and
(d) any land in the
Middleback Range area the freehold of which the Company or any subsidiary or
associated company acquires for use as the site of any works and which at the
time of acquisition is outside the area of any municipality or district
council district
shall be outside the area of the Whyalla Town Commission and shall not be
constituted as or included in a municipality or district council district as
defined in the Local Government Act 1934–1954 or any re-enactment
or amendment thereof and shall not be declared or included in any water
district under the Waterworks Act 1932–1936 or any re-enactment or
amendment thereof. Provided that nothing in this clause shall prevent the
Company or any subsidiary or associated company from being liable to pay for
water supplied by measure: Provided further that if any of the said land is
disposed of by the Company or by the subsidiary or associated company and used
for residential purposes this clause shall cease to apply to the land so
disposed of and used.
26A. Disposal of certain land
(1) The Company has
agreed with the State:
(a) to dispose of such
of the land comprised in Certificates of Title Register Book Volumes 5280
Folio 990, 5184 Folio 639, 4215 Folio 661 and 5523 Folio 190 which is shown on
the plan set out in Appendix D to this Indenture and which is owned by the
Company (being approximately 3,600 hectares of the area described in paragraph
26 (a) ) (the " Subject Area "), in accordance with the provisions of this
clause; and
(b) save for the
continuation and renewal of existing tenancies, sub-leases, licences and
similar, not to allow third parties to use the remainder of the area described
in paragraph 26 (a) , or any part of it, for any purposes which are not
steelmaking, or related to or ancillary to or in support of steelmaking,
without the consent of either one of the State or the City of Whyalla.
(2) The Company and
the State have identified that portions of the Subject Area (as approximately
depicted on the plan set out in Appendix D to this Indenture) may be suited to
the following uses:
(a) the portion marked
A, to extend the Whyalla Conservation Park;
(b) the portion marked
B, to extend the width of the adjoining road reserves;
(c) the portion marked
C, as a site for the development of an industrial park;
(d) the portion marked
D, to continue as the site for the existing golf course;
(e) the portion marked
E, as a site for the development of a recreation and leisure park; and
(f) the portion marked
F, for such use as the City of Whyalla chooses.
(3) During the period
from when this clause takes effect until 31 December 2000, the Company will
use its reasonable endeavours to negotiate with appropriate potential
transferees for the transfer of the above portions of the Subject Area (or of
portions approximating such portions) on terms and conditions consistent with
the provisions of this clause and otherwise acceptable to the Company.
(4) The Company and
the State have identified the following potential transferees as likely to be
appropriate:
(a) in relation to the
portion marked A, the Minister for Environment and Heritage;
(b) in relation to the
portion marked B, the Minister for Transport and Urban Planning; and
(c) in relation to the
portions marked C, D, E and F, the City of Whyalla.
(5) The size and
location of the identified portions of the Subject Area, the potential uses
for such portions and the potential appropriate transferees of such portions
may be altered by the Company in consultation with the State.
(6) Any transfer or
vesting of land pursuant to this clause will be:
(a) for no monetary
consideration, except that the Company may require the transferee to be
responsible for all or some of any applicable costs of subdivision or transfer
including registration fees and stamp duty; and
(b) made subject to
all third party rights of access, occupation and use which are in existence,
or otherwise required to access occupied or used portions of the land, as at
the time of such transfer or vesting.
(7) Any land
transferred or vested pursuant to this clause (other than the portion of the
Subject Area marked F) will, for so long as the steel works continue to
operate, carry with it the following restrictive covenants (which covenants
will run with the land):
(a) subject to any
agreement between the Company and an owner, occupier or user of the land from
time to time, the land must not be used for residential purposes, or for any
other use that (in the Company's opinion, acting reasonably) adversely affects
or compromises the operation of the steel works (including the steel works, or
its operation, as it is changed from time to time, provided that no change to
the steel works or its operation shall prevent the continuation of any then
existing use which did not adversely affect the operation of the steel works
when the use commenced); and
(b) subject to any
agreement between the Company and an owner, occupier or user of the land from
time to time, the land must not be used in any way which:
(i)
changes or interferes with any infrastructure which is
presently on, under or above such land and which is owned or operated by the
Company in connection with the steel works; or
(ii)
compromises the availability of, or the Company's access
to, sufficient quantities of gas, electricity and water for use in connection
with the steel works (including the steel works, or its operation, as it is
changed from time to time, provided that no change to the steel works or its
operation shall prevent the continuation of any then existing use which did
not adversely affect the steel works in this manner when the use commenced).
(8) If, as at 31
December 2000, the Company has not disposed of, or entered into agreements to
dispose of, all of the Subject Area, substantially in the manner contemplated
by this clause (or as otherwise agreed by the State) then, effective from 1
January 2001, legal and beneficial title to all such portions of the Subject
Area not so disposed of will immediately, and without further action, vest in
the State. Any costs or fees (including costs of subdivision, registration
fees and stamp duty) which are incurred consequent upon such vesting will be
borne by the State.
(9) Clause 26 will
cease to apply to any land transferred or vested pursuant to this clause, as
and from the date of transfer or vesting.
(10) —
(a) This sub-clause
(10) applies to infrastructure that is presently owned or operated by the
Company in connection with the steel works and is situated on, under or above
land transferred or vested pursuant to this clause.
(b) Subject to any
agreement in writing to the contrary, any infrastructure to which this clause
applies and which is owned by the Company will continue to be owned by the
Company after the land is transferred or vested, notwithstanding any
affixation or annexation to the land.
(c) The Company will
have an easement over land transferred or vested pursuant to this clause which
entitles the Company to:
(i)
operate, examine, maintain, repair, modify or replace the
relevant infrastructure;
(ii)
enter the land, by its agents or employees, at any
reasonable time, for any of the above purposes; and
(iii)
bring on to the land any vehicles or equipment that may
be reasonably necessary for any of the above purposes.
(d) The powers
conferred by the easement under this sub-clause (10) must be exercised so as
to minimise, as far as reasonably practicable, interference with the enjoyment
of the land by persons lawfully occupying the land.
(e) If the Company has
an easement over land relating to any relevant infrastructure otherwise than
by virtue of this sub-clause (10), the application of the easement under this
sub-clause (10) to the land is excluded to the extent necessary to avoid the
same part of the land being subject to both easements.
(f) The Company may,
by instrument in writing, limit rights or impose conditions on the exercise of
rights arising under the easement under this sub-clause (10) (and such an
instrument has effect according to its terms).
(g) An easement under
this sub-clause (10) may, but need not, be registered.
27. Construction of bridges and crossings
(1) The Company may
construct bridges, level crossings, tunnels or cuttings by which the Whyalla
to Iron Knob tramway may cross the Port Augusta-Whyalla road at a place or
places in the vicinity of the Company's works or for other purposes in
connection with the operation of steel works or the operations of any
subsidiary or associated companies.
(2) The places and
nature of such bridges, crossings, tunnels or cuttings and the details of
construction thereof shall be approved by the Commissioner of Highways which
approval shall not be unreasonably withheld.
28. Railway to Whyalla.
If it is decided that the Commonwealth of Australia or any instrumentality
thereof or the State should construct a railway line connecting Whyalla with
either the South Australian or the Commonwealth railway systems the State
will—
(a) use its best
endeavours to facilitate such construction and will grant all necessary rights
and powers for that purpose; and
(b) consult with the
Company or arrange consultations between the Commonwealth and the Company as
to the route of any such railway in the neighbourhood of the Company's land at
Whyalla and as to the location of the terminal of any such railway at Whyalla.
29. Charges in respect of wharves and jetties
No charges or imposts other than those payable by the Company at the date of
the ratification of this Indenture shall be imposed on the Company or on any
subsidiary or associated company in respect of the use or occupation of any
wharves or jetties constructed by the Company or by any subsidiary or
associated company at or near Whyalla or on the shipment or carriage of goods
to over or from the said wharves and jetties or on the ships engaged in the
shipment thereof.
30. Prices
The State will not at any time by legislation, regulation, order or
administrative action under any legislation of the State as to prices, prevent
products produced in South Australia by the Company or by any subsidiary or
associated company from being sold at prices which will allow the Company or
subsidiary or associated company to provide for such reasonable depreciation,
reserves and return on the capital employed in the production of those
products as are determined by such company.
31. Assignment
(1) With the consent
of the State, the Company may assign—
(a) any right, power,
benefit, or privilege conferred on the Company by this Indenture;
(b) any mineral or
other lease held by the Company at the date of the ratification of this
Indenture or acquired by the Company pursuant to this Indenture.
(2) A person to whom
any such right, power, benefit, privilege or lease is assigned may, with the
consent of the State, further assign it.
(3) The Company may,
with the consent of the State, cause any of its obligations or duties under
this Indenture to be performed by any other company, but notwithstanding such
consent the Company shall remain liable for any failure to perform such
obligations or duties.
(4) The State shall
have a discretion to grant or refuse its consent to any assignment of rights,
powers, benefits, privileges or leases under this clause or to the performance
of any of the Company's obligations or duties by another company but shall not
unreasonably withhold such consent.
(5) Transfer of rights
and obligations
(a) Notwithstanding
clauses 31(1) to (4) above, the Company may, with the consent of the State,
transfer its rights and obligations under this Indenture and under one or more
mineral or other leases or other proprietary rights referred to in, or granted
pursuant to, this Indenture (the " Leases ") to a person or body corporate
(the " Assignee ") by the Company, the State and the Assignee executing a deed
of assignment and assumption substantially in the form of the deed set out in
Appendix E to this Indenture. If such a deed of assignment and assumption is
executed by the Company, the State and the Assignee, the Company and the State
will, in accordance with the provisions of the deed of assignment and
assumption, be released from its obligations and liabilities to each other
under this Indenture and the Leases.
(b) The State will not
withhold or delay the giving of its consent to a proposed transfer of rights
and obligations under this Indenture, or its execution of a deed of assignment
and assumption, if the proposed Assignee is:
(i)
a related body corporate (as defined in the Corporations
Law) of the assignor; or
(ii)
a company which is within a group of companies to which
the steel works and related operations in and around Whyalla have been, or are
to be, transferred as part of an integrated group of steel businesses which
have processing plant and equipment which (including any processing plant and
equipment at Whyalla) has design capacity which is capable of processing most
of the raw steel output from the steel works.
(c) In all other
cases, the State will not unreasonably withhold or delay the giving of its
consent to a proposed transfer of rights and obligations under this Indenture,
or its execution of a deed of assignment and assumption, provided that the
State is satisfied:
(i)
that the proposed Assignee is responsible and solvent;
and
(ii)
with such proposed Assignee's plans to secure the
continued viability of the steel works and related operations in and around
Whyalla.
(d) If, pursuant to
paragraph 31(5) (a) , The Broken Hill Proprietary Company Limited transfers
its obligations under this Indenture and any Leases to a company which is a
subsidiary of The Broken Hill Proprietary Company Limited, then, if the
company fails to perform such obligations whilst it is a subsidiary of The
Broken Hill Proprietary Company Limited, and notwithstanding anything in
paragraph 31(5) (a) or in the relevant deed of assignment and assumption, The
Broken Hill Proprietary Company Limited will be liable for such failure as if
the transfer had not occurred.
(6) —
(a) Any proposed
change in the persons who beneficially own or control more than 50 percent of
the voting shares of the Company (including, for the avoidance of doubt, any
direct or indirect Assignee of The Broken Hill Proprietary Company Limited
which is a body corporate), or more than 50 percent of the voting shares of a
parent company of the Company (or relevant Assignee), will require the consent
of the State.
(b) The State will not
withhold or delay the giving of its consent to a proposed change in control of
the Company (or relevant Assignee) if:
(i)
the ultimate holding company (as defined in the
Corporations Law) of the Company (or relevant Assignee) is to remain the same;
or
(ii)
the Company (or relevant Assignee) will remain, or
become, a company which is within a group of companies which holds the
steel works and related operations in and around Whyalla as part of an
integrated group of steel businesses which have processing plant and equipment
which (including any processing plant and equipment at Whyalla) has design
capacity which is capable of processing most of the raw steel output from the
steel works.
(c) In all other
cases, the State will not unreasonably withhold or delay the giving of its
consent to a proposed change in control of the Company (or relevant Assignee),
provided that the State is satisfied:
(i)
that any proposed new ultimate holding company (as
defined in the Corporations Law) of the Company (or relevant Assignee) is
responsible and solvent; and
(ii)
with the Company's (or relevant Assignee's) plans to
secure the continued viability of the steel works and related operations in
and around Whyalla.
(d) Paragraph 31(6)
(a) will not apply if the voting shares of the Company (or relevant Assignee)
are listed on a stock exchange, or to any proposed change in the persons who
beneficially own or control voting shares in a parent company of the Company
(or relevant Assignee) where the voting shares of such parent company are
listed on a stock exchange, but paragraph 31(6) (a) will apply to any proposed
listing of the Company or any such parent company as if, but irrespective of
whether, the proposed listing involves a change in the persons who
beneficially own or control more than 50 percent of the relevant voting
shares.
32. Subsidiary and associated companies
The Company will, whenever requested by the State so to do, furnish the State
with a list of subsidiary and associated companies as defined in clause 2 of
this Indenture showing the interest of the Company in such subsidiary and
associated companies and the State may, for the purposes of this Indenture,
rely and act upon any list so furnished by the Company.
33. Extension of the Indenture of 1937
(1) The Indenture of
1937 shall by mutual agreement between the parties hereto be read and
construed as if—
(a) the expression
"the term of this Indenture" and the definition thereof contained in paragraph
(b) of clause 1 of the Indenture of 1937 were omitted; and
(b) the words "upon
the expiration of the term of this Indenture" in clause 4 thereof were
omitted; and
(c) the words "during
the term of this Indenture" were omitted from clauses 14, 15 and 16 thereof;
and
(d) no limitation of
time were contained in clause 17 thereof.
(2) No limitation of
time shall be implied in clauses 7, 8, 9, 10, 11, 12 and 13 of the Indenture
of 1937.
34. Notices
(1) Any notice consent
or application authorized or required by this Indenture to be given or made
shall be given or made in writing.
(2) Any notice consent
application or other writing authorized or required by this Indenture to be
given or made by the State shall be deemed to have been duly given or made if
signed by a Minister and forwarded by prepaid post to the registered office of
the Company in South Australia or its office at Whyalla.
(3) Any notice consent
or application or other writing authorized or required by this Indenture to be
given or made by the Minister of Mines, the Minister of Works, the
Commissioner of Highways, the South Australian Housing Trust or the
Electricity Trust of South Australia shall be deemed to have been duly given
or made if signed by such Minister or Commissioner, or by the Chairman of the
South Australian Housing Trust or of the Electricity Trust of South Australia,
as the case may be, and forwarded by prepaid post to the registered office of
the Company in South Australia or its office at Whyalla.
(4) Any notice consent
application or other writing authorized or required by this Indenture to be
given or made by the Company shall be deemed to have been duly given or made
if signed on behalf of the Company by the Managing Director General Manager
Secretary or Attorney of the Company and forwarded by prepaid post—
(a) in the case of any
notice consent application or other writing concerning the prospecting or
mineral rights of the Company under this Indenture to the Minister of Mines of
the State;
(b) in the case of any
notice consent application or other writing concerning the supply of water
under this Indenture to the Minister of Works;
(c) in the case of any
notice consent application or other writing under this Indenture not otherwise
provided for in this Indenture or in this clause to the Treasurer of the
State.
(5) Any notice consent
application or other writing forwarded by prepaid post as provided for in this
clause shall be deemed to have been duly given on the day on which it would be
delivered in the ordinary course of post.
35. Preservation of rights
(1) Subject to the due
observance by the Company of its obligations under this Indenture the State
shall at all times take all necessary steps to secure to the Company and to
each subsidiary and associated company the rights powers and privileges
provided for in this Indenture or the Indenture of 1937 and to prevent them
from being impaired disturbed or prejudicially affected in any way whatsoever.
Provided that no tax payable by the Company or by any subsidiary or associated
company or in respect of the property of any such company under any public
general Act of the Parliament of the State at rates not exceeding those
applicable generally throughout the State shall be deemed to impair disturb or
prejudicially affect any right of the Company or of the subsidiary or
associated company.
(2) No person other
than the Company or a subsidiary or associated company shall acquire any right
under the Mining laws of the State over any land occupied by the Company or by
any subsidiary or associated company for the operations of such company, save
with the consent of such company.
36. Labour at Whyalla
(1) This Indenture is
made on the assumption that subject to the provision of adequate housing at
Whyalla sufficient labour will be obtainable by the Company under conditions
prescribed by the relevant industrial orders or awards to enable the Company
both to carry on effectively the activities which it carries on at Whyalla at
the time of the execution of this Indenture and to construct and operate
steel works.
(2) Without in any way
altering the effect of the foregoing provisions of this Indenture if at any
time sufficient labour is not available for the purpose and under the
conditions mentioned in subclause (1) of this clause the State will, at the
request of the Company confer with the Company as to the obligations of the
parties under this Indenture with a view to agreeing upon such variations
thereof as are necessary or appropriate under the circumstances.
IN WITNESS whereof this Indenture has been executed by His Excellency the
Lieutenant-Governor of the State and by the Company.
|
His Excellency the Lieutenant-Governor of South Australia caused the public
seal of the State to be hereto affixed, and signed this Indenture on the
fourth day of September, 1958, in the presence of: M.A.F. PEARCE |
} |
J.M. NAPIER Public Seal of the State. |
|
THE COMMON SEAL OF THE BROKEN HILL PROPRIETARY COMPANY LIMITED was hereunto
affixed on the twenty-second day of August, 1958, in the presence of: |
{ |
C.Y. SYME E. LEWIS R.G. NEWTON Seal of Company. |
APPENDIX A TO THE INDENTURE
APPENDIX B TO THE INDENTURE
South Australia
Crown Lease
(Mineral No. )
HIS EXCELLENCY THE GOVERNOR in and over the State of South Australia in the
Commonwealth of Australia in conformity with and in exercise of the powers and
authorities conferred upon him by the Mining Act 1930–1955 and the
Broken Hill Proprietary Company's Steel Works Indenture Act 1958
(hereinafter referred to as "the Indenture Act") and of all other powers
enabling him in that behalf doth hereby lease to THE BROKEN HILL PROPRIETARY
COMPANY LIMITED of Melbourne in the State of Victoria (hereinafter referred to
as "the lessee" which expression shall include its successors and assigns) all
that piece of land containing
acres or thereabouts and situate and being
in the said State as the same is delineated in the public maps deposited in
the office of the Department of Mines in the City of Adelaide and in the plan
in the margin hereof and therein coloured
together with all ways waters water courses privileges and appurtenances to
the same now belonging or therewith occupied or enjoyed.
Including in such lease during its continuance the following rights and
liberties for the lessee and the lessee's agents servants and workmen in and
upon the said land:
(1) To search work
mine for win obtain and treat for the lessee's own use and benefit all metals
and minerals except gold in or upon the said land; and
(2) For or incidental
to the purposes aforesaid in or upon the said land:
(a) To cut and
construct races drains dams reservoirs roads and tramways; and
(b) To erect offices
buildings works and machinery; and
(c) To erect dwellings
for use by the lessee and the lessee's agents servants and workmen for the
purpose of residence,
and all other necessary or convenient powers authorities privileges and
advantages for all or any of the purposes aforesaid
subject to the provisions of the Mining Acts 1930–1955 and
regulations made thereunder and of the Mines and Works Inspection
Act 1920 –1957 and all regulations made thereunder save insofar as
any such provisions are modified or affected by the Indenture Act and subject
to such rights interests and authorities as may be lawfully subsisting in the
said land at the date of this lease: Except and always Reserved out of this
lease all gold and other substances not being metals or minerals in or upon
the said land and all persons authorized by the said Acts and regulations
shall have full and free liberty of access ingress egress and regress with or
without horses cattle carts drays carriages motor cars engines and machinery
and all other necessary implements and things into upon and from the said land
or any part or parts thereof for all reasonable purposes and to search work
mine for win and obtain gold and other substances not being metals or minerals
in or upon the said land and for or incidental to those purposes the rights
and liberties mentioned in the preceding paragraph (2): And also Excepting and
Reserving to all pastoral lessees (if any) of the said land a right of access
and user for domestic purposes and for the purposes of watering stock to and
of any surface water on the said land which shall not have been provided or
stored by artificial means by the lessee.
To hold the said land with the appurtenances (except and reserved and subject
as aforesaid) unto the lessee from the
day of
19 for and during
the term of fifty (50) years from thence next ensuing for the purpose of
mining therein and thereon for all Metals and minerals except gold together
with the rights and liberties hereinbefore granted but for no other purpose
and with the right to the lessee to the renewal from time to time for periods
of 21 years on the same terms and conditions as those contained in this lease
including this right of renewal.
Yielding and paying therefor unto the Governor the following rent and other
sums:
(1) A rent of
£ payable
yearly and every year in advance on the first day of
in each year
during the said term and any renewal thereof.
(2) A further sum
amounting to—
(a) eighteen pence a
ton on—
(i)
each ton of high grade iron ore fed directly to furnaces
in South Australia or shipped from South Australia without beneficiation; and
(ii)
each ton of the dry weight of beneficiated iron bearing
substances or iron concentrates fed to furnaces in South Australia or shipped
from South Australia;
(b) sixpence a ton of
the dry weight of all jaspilite and of all other iron bearing substances of
similar grade which without beneficiation are fed directly to furnaces in
South Australia or shipped from South Australia.
The sums payable under this paragraph (2) are related to a basis selling price
by the lessee of foundry pig iron of £21 7s. 6d. per ton c.i.f. Port
Adelaide. If such basis selling price on the thirtieth day of June in any year
exceeds or is less than £21 7s. 6d. per ton c.i.f. Port Adelaide the
payments under this paragraph (2) shall be increased or decreased as the case
may be by one penny per ton on high grade iron ore and by one third of one
penny per ton on jaspilite and other iron bearing substances of similar grade
for each complete one pound of the increase or decrease of such basis selling
price above or below £21 7s. 6d. In the event of the lessee ceasing
at any time to sell foundry pig iron at a price calculated with reference to
the price per ton c.i.f. Port Adelaide nevertheless there shall be calculated
by the lessee a notional basis selling price per ton c.i.f. Port Adelaide as
if the lessee were selling foundry pig iron c.i.f. Port Adelaide and this
shall be the basis selling price for the purposes of this paragraph (2).
For the purpose of computing the tonnage upon which such further sums are
payable the weighbridge and weightometer records of the lessee with any
adjustments necessary to compensate for known errors in weighing shall be
prima facie evidence of the matters contained therein.
For the purpose of determining the moisture content of any beneficiated iron
bearing substances or iron concentrates on the dry weight of which such
further sums or part thereof are payable the returns furnished by the lessee
shall be prima facie evidence of the matters contained therein.
(3) A further sum
amounting to two and one half per centum of the gross amounts realised from
the sale of all metals and minerals other than iron ore or iron bearing
substances which shall be obtained from the said land, or such other sum as
may be agreed upon between the Minister of Mines (hereinafter referred to as
``the Minister'') and the lessee.
The further sums mentioned above in paragraphs (2) and (3) shall be paid
within two months after the end of each half year ending on the 31st day of
May or the 30th day of November as the case may be.
And the lessee doth hereby covenant with the Governor in manner following that
is to say:
1. That the lessee
will during the said term pay or cause to be paid to the Minister at the
office of the Department of Mines in the City of Adelaide on behalf of the
Governor the rent and further sums hereby reserved at the times and in the
manner hereinbefore appointed for payment thereof free and clear of all rates,
taxes impositions outgoings and deductions whatsoever:
2. That the lessee
will pay and discharge all rates taxes assessments impositions and outgoings
which during the said term shall become payable in respect of the said land:
3. That the lessee
will maintain in position during the said term the posts and trenches or piles
of stone required by the said regulations to be erected or cut on the said
land when the same was pegged out as a claim and in addition thereto will
paint legibly on such posts the number of this lease:
4. That the lessee
will during the said term make construct and work all mines and do and perform
all things authorized by this lease in a fair orderly skilful and workmanlike
manner:
5. That the lessee
will during the said term employ and keep constantly employed not less than
one man for every 10 acres in mining or prospecting for all metals and
minerals except gold in or upon the said land and will whenever thereunto
required by the Minister furnish him with satisfactory evidence that such
number of men have been and are so employed due allowance being made by the
Minister for machinery or horses employed at the rate of two men for each
horse or horsepower of machinery and provided that if the number of men
horsepower and horses employed by the lessee on any one or more of the mineral
leases held by the lessee is not less than the total number of men horsepower
and horses required to be employed by the lessee on all the mineral leases
held by the lessee the lessee shall be deemed to have complied with this
covenant:
6. That the lessee
will make such provision for the disposal of the silt sludge dirt waste or
refuse which may be brought out of the said mines and premises so that the
same will not flow or find its way into any stream brook river or water
channel or so as to injure or interfere with any land set apart for water
supply purposes:
7. That the lessee
will build and keep in proper repair a sufficient and substantial stone wall
or other fence around all the pits and shafts which may at any time during the
said term be open in any part of the said land for the purpose of this lease
so as effectually to prevent all access thereto by all kinds of stock:
8. That the lessee
will whenever lawfully required so to do at the lessee's own cost and in
manner required by any regulations for the time being in force in that behalf
cause to be made a survey of the said land and cause to be forwarded to the
said Department of Mines a map or plan of such survey:
9. That the lessee
will at all times during the said term keep and preserve the said mines in
good order repair and condition and in such good order repair and condition at
the end or other sooner determination of the said term deliver peaceable
possession thereof and of the land hereby leased unto the Governor or
the Minister or to some officer authorized by him or them to receive
possession thereof:
10. That the lessee
will permit the pastoral lessee (if any) of the said land at all times to have
free access and user for domestic purposes and for the purposes of watering
stock to and of any surface water on the said land which shall not have been
provided or stored by artificial means by the lessee:
11. That the lessee
will report to a warden when gold precious stones coal shale oil salt gypsum
or other minerals other than iron ore or iron bearing substances are found in
payable quantities in or upon the said land:
12. That the lessee
will not during the continuance of the said term without the written consent
of the Minister first had and obtained use or occupy or permit to be used or
occupied the said land except for the purpose of exercising the rights and
liberties hereinbefore granted:
13. That the lessee
will not prevent any person who holds a right privilege or authority under the
said Acts and regulations or any amendment thereof from exercising the same:
Provided always and it is hereby agreed and declared in manner following:
14. That it shall be
lawful for the Governor or the Minister or any person authorized by him or
them at all proper and reasonable times during the said term without any
interruption from the lessee or the lessee's agents servants or workmen to
enter into and upon the said land and into and upon any mines or works that
may be found therein to view and examine the condition thereof and whether the
same be worked in a proper skilful and workmanlike manner and for such purpose
to make use of any of the railroads or other roads or ways machinery and works
belonging to the said mines and to examine and take extracts from all books
accounts vouchers and documents relating thereto:
15. That if the said
rent be not paid on or before the day hereinbefore appointed for payment
thereof a penalty of five pounds per centum shall be added to the said rent
and if the said rent and penalty be not paid within one calendar month after
the said day a further penalty of ten pounds per centum shall be added and if
the said rent and penalties be not paid within one calendar month after the
said first month the same shall be recoverable by the Minister by action in
any court of competent jurisdiction:
16. That if the lessee
shall during the said term commit any breach of or shall fail to comply with
any covenant condition or proviso herein contained this lease shall be liable
to forfeiture in manner hereinafter provided:
17. That if
the Minister has reason to believe that there has been a breach of or
non-compliance with any of the covenants conditions or provisos herein
contained the Minister shall give written notice to the lessee specifying the
covenants conditions or provisos which he has reason to believe are not being
complied with and notifying the lessee that this lease will be liable to
forfeiture at the expiration of one month from the date of such notice unless
in the meantime such covenants conditions or provisos are duly complied with
and if at the expiration of such notice such covenants conditions or provisos
are still not being complied with by the lessee the Governor may cancel this
lease notwithstanding that the rent payable under this lease for the period
during which such breach is committed may have been paid and notwithstanding
any implied waiver of such breach by the Governor and the Minister shall
thereupon insert a notice in the Government Gazette declaring this lease to be
forfeited:
18. That a notice of
forfeiture so published in the Government Gazette shall be taken to be
conclusive evidence that this lease has been legally cancelled and forfeited:
19. That in case this
lease shall become liable to forfeiture the Minister may extend the period
during which the lessee may perform the covenants conditions and provisos of
this lease for such time and subject during such period of extension to such
terms and conditions as the Minister may think fit:
20. That the lessee
shall be at liberty to surrender this lease by giving to the Minister three
calendar months' notice in writing of the lessee's desire or intention so to
do and upon payment of all arrears of rent up to the date of surrender:
21. And lastly that
the lessee shall be at liberty to remove from the said land at any time
within—
(a) three months after
the date of forfeiture or surrender of this lease any improvements plant
machinery engines or tools;
(b) six months after
the date of forfeiture or surrender of this lease any metals and minerals
except gold won by the lessee stacked upon the said land but shall not remove
or interfere with any timber in any mine upon the said land.
IN WITNESS WHEREOF this lease has been executed by His Excellency the Governor
of the State and by the Company.
|
His Excellency the Governor of South Australia caused the public seal of the
State to be hereto affixed on the
day of
19 . |
} |
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|
THE COMMON SEAL OF THE BROKEN HILL PROPRIETARY COMPANY LIMITED was hereunto
affixed on the
day of
19 in the
presence of: |
} |
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APPENDIX C TO THE INDENTURE
APPENDIX D TO THE INDENTURE
LAND TO BE DISPOSED
APPENDIX E TO THE INDENTURE
FORM OF DEED OF ASSIGNMENT AND ASSUMPTION
DEED OF ASSIGNMENT AND ASSUMPTION
THIS DEED is made
between:
1 THE MINISTER FOR
PRIMARY INDUSTRIES AND RESOURCES , the Minister administering the Broken Hill
Proprietary Company's Indenture Act 1937 and the Broken Hill Proprietary
Company's Steel Works Indenture Act 1958, a body corporate pursuant to
the provisions of the Administrative Arrangements Act 1994 , acting for
and on behalf of the Crown in right of the State of South Australia (the "
State ");
2 THE BROKEN HILL
PROPRIETARY COMPANY LIMITED ACN 004 028 077 of 600 Bourke
Street, Melbourne, Victoria (" BHP "); and
3 [ Insert name, ACN
and address of Assignee ] (the " Assignee ").
RECITALS
A The State and BHP
are parties to an Indenture dated 4 October 1937 which Indenture is set out
(in consolidated form) in Appendix 1 to the
Broken Hill Proprietary Company's Indenture Act 1937 (the " 1937
Indenture ") and to an Indenture dated 4 September 1958 which Indenture is set
out in the Schedule to the Broken Hill Proprietary Company's Steel Works
Indenture Act 1958 (the " 1958 Indenture ").
B By clause 18 of the
1937 Indenture BHP is permitted to assign its rights under the 1937 Indenture
and the Leases by the execution of a deed of assignment and assumption
substantially in the form of this Deed.
C By clause 31(5) of
the 1958 Indenture BHP is permitted to assign its rights under the 1958
Indenture and the Leases by the execution of a deed of assignment and
assumption substantially in the form of this Deed.
D By [ Insert details
of sale or other agreement between BHP and the Assignee ], BHP has agreed to
assign with effect from the Effective Date, its right and interest under the
1937 Indenture, the 1958 Indenture and the Leases to the Assignee and the
Assignee has agreed to accept that assignment and to assume BHP's obligations
and liabilities under the 1937 Indenture, the 1958 Indenture and the Leases.
E The parties are
entering into this Deed to effect the assignment and assumption referred to in
Recital D.
THE PARTIES AGREE as follows:
1. ASSIGNMENT AND ASSUMPTION
1.1 Effective Date
The Effective Date is [ Insert date ] or such other date on or after the date
of this Deed as is agreed in writing by BHP and the Assignee, and notified to
the State.
1.2 Deed applies from
Effective Date
All provisions of this Deed will have effect from and, if necessary, relate
back to the Effective Date, so as to have full force and effect on and from
that date.
1.3 Assignment and
Assumption
From the Effective Date:
(a) BHP
assigns to the Assignee all of its rights and interests under the Assigned
Instruments; and
(b) the
Assignee assumes all of BHP's obligations and liabilities under the Assigned
Instruments and will be bound by and comply with those provisions of the
Assigned Instruments which were, immediately prior to the Effective Date,
binding upon BHP.
2. THE STATE'S COVENANTS
2.1 Covenant
The Assignee covenants with the State that it will, from the Effective Date,
observe and perform the Assigned Instruments and be bound by all terms of the
Assigned Instruments which, but for this Deed, were to be performed by BHP.
2.2 Consent of the
State
In consideration of the promise contained in clause 2.1, the State consents to
the assignment to the Assignee of BHP's rights under the Assigned Instruments,
with effect from the Effective Date.
2.3 Release of BHP by
the State
(a) With
effect on and from the Effective Date, the State releases BHP from all its
obligations and liabilities under the Assigned Instruments and from all
actions, claims or proceedings that it may have against BHP under or in
respect of the Assigned Instruments.
(b)
Nothing in clause 2.3(a) relieves BHP of any obligations and liabilities
accrued under the Assigned Instruments prior to the Effective Date except to
the extent the Assignee discharges such obligations and liabilities.
2.4 Release of State
by BHP
(a) With
effect on and from the Effective Date, BHP releases the State from all its
obligations and liabilities under the Assigned Instruments and from all
actions, claims or proceedings that it may have against the State under or in
respect of the Assigned Instruments.
(b)
Nothing in clause 2.4(a):
(i)
relieves the State of any obligations and liabilities
accrued under the Assigned Instruments prior to the Effective Date except to
the extent such obligations and liabilities are discharged in favour of the
Assignee; or
(ii)
shall be taken to constitute a release by the Assignee of
any obligations and liabilities of the State.
3. MISCELLANEOUS PROVISIONS
3.1 Law and
Jurisdiction
The governing law of this Deed is the law of the State of South Australia, and
the parties submit to the non-exclusive jurisdiction of the Courts of South
Australia and to the courts which hear appeals from those courts.
3.2 Costs
Each party will bear its own legal costs of preparation and review of this
Deed. The Assignee will pay all stamp duty levied on this Deed.
3.3 Counterparts
This Deed may be executed in counterparts, which when taken together are one
instrument.
3.4 Interpretation
In this Deed:
(a) "
Assigned Instruments " means the 1937 Indenture, the 1958 Indenture and the
Leases.
(b) "
Leases " means all mineral and other leases and other proprietary rights held
by BHP which are referred to in, or granted pursuant to, the 1937 Indenture or
the 1958 Indenture.
(c) A
reference to the 1937 Indenture, the 1958 Indenture and the Leases is a
reference to those instruments and proprietary rights as they have been, or
are, amended from time to time.
EXECUTED by the parties as a Deed.
[ Insert Execution clauses ]