Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 3]
[Heading amended by No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 10th day of November 1987 BETWEEN THE HONOURABLE
BRIAN THOMAS BURKE, M.L.A., Premier of the State of Western Australia, acting
for and on behalf of the Government of the said State and its
instrumentalities (hereinafter called “the State”) of the one part
and ALCOA OF AUSTRALIA LIMITED a company duly incorporated in the State of
Victoria and having its principal place of business in the State of Western
Australia at Cnr Davy and Marmion Streets, Booragoon (hereinafter called
“the Company” which term shall include its successors and
permitted assigns) of the other part.
WHEREAS:
(a) the parties are the parties
to —
(i)
the agreement between them defined in section 2 of
the Alumina Refinery Agreement Act 1961 (which agreement is hereinafter
referred to as “the principal agreement”);
(ii)
the agreement between them defined in section 1A of
the Alumina Refinery (Pinjarra) Agreement Act 1969 (which agreement is
hereinafter referred to as “the Pinjarra agreement”); and
(iii)
the agreement between them defined in section 2 of
the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978
(which agreement is hereinafter referred to as “the Wagerup
agreement”); and
(b) the parties desire to vary the principal
agreement, the Pinjarra agreement and the Wagerup agreement as hereinafter
provided.
NOW THIS AGREEMENT WITNESSETH:
1. Subject to the context and save as otherwise
defined herein words and phrases used in this Agreement have the same meanings
as they have in and for the purpose of the principal agreement, the Pinjarra
agreement and the Wagerup agreement respectively when this Agreement is
applied to the principal agreement, the Pinjarra agreement and the Wagerup
agreement as the case may be.
2. The State shall introduce and sponsor a Bill in
the Parliament of Western Australia to ratify this Agreement and endeavour to
secure its passage as an Act prior to 31st December 1987.
3. (1) The provisions
of this clause and clause 2 of this Agreement shall come into operation
on the execution hereof.
(2) The other
provisions of this Agreement (except paragraphs (c) and (f) of
clause 4(2)) shall come into operation when the Bill referred to in
clause 2 has been passed by the Parliament of the said State and comes
into operation as an Act.
(3)
Paragraphs (c) and (f) of clause 4(2) of this Agreement shall come
into operation on 1st January 1988.
4. The principal agreement is hereby varied as
follows —
(1)
Clause 2 —
(a) in
the definition of “associated Company”, by deleting
“Section 130 of the Companies Act 1943 ” and
substituting the following —
“section 7
of the Companies (Western Australia) Code ”;
(b) by
inserting after the definition of “bulk cargo” the following
definition —
“
“by-products” means substances contained within bauxite mined from
the mineral lease and processed or otherwise extracted by or on behalf of the
Company during or subsequent to the processing of the bauxite into
alumina;”;
(c) by
inserting after the definition of “dry ton” the following
definition —
“
“Executive Director” means the person holding, or acting in, the
office established by section 36(1) of the Conservation Act;”;
(d) in
the definition of “Harbour Trust Commissioners”, by deleting
“pursuant to the Fremantle Harbour Trust Act 1902 ” and
substituting the following —
“and continued in existence under the name of the Fremantle Port
Authority pursuant to the Fremantle Port Authority Act 1902 ”;
(e) in
the definition of “leased area”, by inserting after
“hereof” the following —
“which is from
time to time included within the mineral lease”;
(f) in
the definition of “mineral lease”, by deleting “any other
mineral lease” and substituting the following —
“any separate mineral lease”;
(g) by
inserting after the definition of “mineral lease” the following
definitions —
“ “ Mining Act 1904 ” means the Mining
Act 1904 as in force from time to time prior to the repeal thereof;
“ Mining Act 1978 ” means the Mining Act 1978 ; ”;
(h) in
the definition of “Minister for Mines”, by deleting “ Mining
Act 1904 ” and substituting the following —
“ Mining Act 1978 ”;
(i)
by inserting after the definition of “subsidiary
company” the following definition —
“ “the 1987 Amendment date” means the date of the
coming into operation of the Alumina Refinery Agreements (Alcoa) Amendment
Act 1987 ;”;
(j) in
the paragraph commencing “Any reference in this Agreement to an
Act”, by inserting after “Act”, where if first occurs, the
following —
“other than the Mining Act 1904 ”.
(2)
Clause 9 —
(a)
subclause (1) paragraph (a) —
(i)
by inserting after “which land” the
following —
“less any
portion or portions thereof surrendered by the Company to the State”;
(ii)
by deleting “and otherwise save with respect to
labour conditions subject to the provisions of the Mining Act 1904
” and substituting the following —
“and otherwise
until the 1987 Amendment date save with respect to labour conditions subject
to the provisions of the Mining Act 1904 and thereafter save with
respect to expenditure conditions subject to the provisions of the
Mining Act 1978 provided always that the mineral lease and any renewal
thereof shall not be determined or forfeited otherwise than in accordance with
this Agreement”;
(b) by
inserting after paragraph (a) of subclause (1) the following
paragraph —
“(aa) From and
after the 1987 Amendment date any reference in the mineral lease or any
separate mineral lease to the Mining Act 1904 shall be read and
construed as a reference to the Mining Act 1978 .”;
(c) by
deleting subclause (3) and substituting the following
subclause —
“(3)
(a) The Company shall in respect of each
quarter during the continuance of this Agreement from and including the
quarter commencing the 1st day of January 1988 pay to the State in respect of
alumina sold or otherwise disposed of during the quarter royalty at the rate
of 1.65% of the deemed F.O.B. revenue for the quarter.
(b) In
this subclause —
“deemed F.O.B.
revenue” means in relation to a quarter the sales value per tonne for
that quarter multiplied by the total tonneage of alumina sold or otherwise
disposed of by the Company during the quarter;
“quarter”
means in respect of each year the periods of three months expiring the last
days of March, June, September and December respectively;
“sales value per
tonne” means the average price per tonne payable to the Company in
respect of alumina sold by the Company on an arm’s length basis for
export outside Australia for use in smelting to aluminium during the quarter
such average price being calculated after deducting in respect of any sale
from the price payable by the purchaser to the Company any export duties and
export taxes payable on the alumina the subject of the sale and any costs and
charges properly incurred and payable on such alumina by the Company to the
State or a third party from the time when the alumina is placed on ship in the
said State to the time when the alumina is delivered and accepted by the
purchaser, there being included in such costs and charges —
(1) ocean freight;
(2) marine insurance;
(3) port and handling
charges at port of discharge;
(4) costs of delivery
from port of discharge to a smelter nominated by the purchaser;
(5) weighing,
sampling, assaying, inspection and representation costs incurred on discharge
or delivery;
(6) shipping agency
charges;
(7) import taxes
payable to the country of the port of discharge;
(8) demurrage incurred
after loading and at port of discharge;
(9) costs normally
assumed by the shipper as part of a commercial CIF contract of sale;
(10) other costs as
agreed between the Company and the Minister.
For the purpose of
this definition —
(a) the
Minister may from time to time in respect of any of the costs or charges
mentioned in items (1) to (9) (inclusive) above incurred in relation to
any particular sale notify the Company that he does not regard the cost or
charge as being properly incurred and in that event should the Company
disagree with the Minister’s decision it may refer the matter in
question to arbitration as hereinafter provided but unless and until it is
otherwise determined such cost or charge shall be treated as being not
properly incurred and if otherwise determined the State will refund to the
Company any royalty paid by the Company on the basis that the charge was not
properly incurred; and
(b) if
in respect of a quarter there is no arm’s length sale the sales value
per tonne in respect of that quarter shall be the sales value per tonne for
the immediately preceding quarter in which there was an arm’s length
sale.
“tonne”
means a tonne of one thousand kilograms.
(c) The
Minister and the Company will agree on the basis of converting currencies to
Australian dollars for the purposes of calculating royalties under this
subclause.
(d) The
Company shall during the continuance of this Agreement within 30 days
after the following quarter days (which quarter days are referred to in this
paragraph as “the due date”) namely the last days of March, June,
September and December in each year furnish to the Minister for Mines a return
in a form approved by the Minister for Mines showing the quantity, value and
such other details (including claimed deductions itemised) as the Minister for
Mines may require for the purpose of calculating royalty of alumina sold or
otherwise disposed of during the quarter immediately preceding the due date of
the return and on such return shall estimate the amount of royalty payable in
respect of the alumina the subject of the return. For the purpose of the
return the tonneage of alumina hydrate and other non-smelting grade alumina
will be adjusted to an equivalent smelting grade alumina tonneage. The
Company, if required by the Minister for Mines, shall consult with him with
respect to such estimates and revise such estimates if required. Royalty shall
be payable on the due date and shall be paid by the Company on the amount of
the estimate or other amount agreed between the Company and the Minister for
Mines within 30 days of the due date.
(e) The
Company shall during the continuance of this Agreement within 2 months
after the 31st December in each year (hereinafter called the annual return
date) furnish to the Minister for Mines a return, audited by registered
auditors, showing all details required to enable the calculation of the
royalty payable thereon and the sales value per tonne pursuant to
clause 9(3)(b) of this Agreement and the quantity of all alumina sold or
otherwise disposed of during the year of return. Returns shall be in a form
approved from time to time by the Minister for Mines.
(f) If
the State so requires, the Company shall permit the State at the cost of the
State to have an independent audit as to the correctness of any return under
paragraph (d) or (e) of this subclause carried out by a registered
auditor appointed by the State.
(g)
Where a return furnished pursuant to paragraph (e) of this subclause or
an audit pursuant to paragraph (f) of this subclause shows that the
estimated royalty paid in respect of the period to which the return relates is
less than or greater than the royalty payable the difference shall be paid or
deducted as the case may require from the next quarterly payment.
(h) The
royalty payable under this Agreement in respect of alumina shall be subject to
review by the parties hereto:
(i)
as at the 1st day of January 1995; and
(ii)
as at the last day of each succeeding period of seven
years after the 1st day of January 1995.
In any review the
parties shall have regard to the average of the rates of royalty in respect of
bauxite and alumina paid in Australia for the preceding twelve months having
regard also to such matters as the respective tonneages mined, the degree of
processing required, the alumina content and other characteristics of the
bauxite.
(i)
For the purpose of establishing the correctness of
royalty calculations the Company if requested by the Minister for Mines shall
take reasonable steps to satisfy him either by certificate of a competent
independent party acceptable to the State or otherwise to his reasonable
satisfaction as to all relevant weights and analyses and prices and costs and
will give due regard to any objection or representation made by the Minister
for Mines or his nominee as to any particular weight or assay or price or cost
which may affect the amount of royalties payable under this Agreement.”;
(d)
subclause (9) —
by deleting
“such machinery tailings and other leases or tenements under the Mining
Act 1904 ” and substituting the following —
“such general purpose leases, miscellaneous licences or other
tenements under the Mining Act 1978 ”;
(e)
subclause (10) —
by deleting “labour conditions imposed by or under the Mining
Act 1904 ” and substituting the following —
“expenditure conditions imposed by or under the Mining
Act 1978 ”;
(f) by
deleting subclause (14);
(g)
subclause (15) —
(a) by
deleting “Nothing” and substituting the
following —
“Subject to
clause 25A hereof, nothing”;
(b) by
deleting “upon application by the Company for leases or other rights in
respect of minerals, metals and other natural substances within the leased
area the State will subject to the laws for the time being in force grant to
the Company or will procure the grant to the Company of such leases or rights
on terms no less favourable than those provided for by the Mining Laws of the
said State” and substituting the following —
“but subject as
aforesaid upon application by the Company for mining leases under the
Mining Act 1978 within the leased area (other than the area coloured
green on Plan F referred to in clause 9C of this Agreement) the State
will subject to the laws for the time being in force grant to the Company or
will procure the grant to the Company of mining leases under the
Mining Act 1978 subject to and in accordance with that Act and
clause 9B of this Agreement”;
(h) by
inserting after subclause (17) the following
subclauses —
“(18)
(a) Subject to the provisions of this
subclause the Company shall have the right to extract, or permit the
extraction of, gallium contained within bauxite mined from the mineral lease
from that bauxite when treating it to produce alumina in the refinery or in
the refinery defined as the “Pinjarra refinery” in the agreement
referred to as “the agreement” in section 1A of the Alumina
Refinery (Pinjarra) Agreement Act 1969 or in the refinery defined as the
“Wagerup refinery” in the Agreement referred to in section 2
of the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 .
(b) The
Company shall pay to the State in respect of all gallium extracted pursuant to
paragraph (a) of this subclause and sold or otherwise disposed royalty at
the rate of 20% of the gross value thereof less any costs in connection with
the sale or other disposition that the Minister may approve as a deduction for
the purpose of this paragraph.
(c) In
paragraph (b) of this subclause “gross value”
means —
(i)
where the gallium is sold or otherwise disposed of by the
Company on an arm’s length basis, the price or consideration realised
upon the sale or disposal; or
(ii)
in any case not covered by subparagraph (i) of this
paragraph, such value as is agreed between the Company and the Minister to
represent the fair and reasonable market value thereof if sold on an
arm’s length basis or, in default of agreement within such period as the
Minister allows, as determined by arbitration as hereinafter provided.
(19) (a)
The Company shall, subject to the provisions of
this subclause, have the right to recover, or permit the recovery of,
by-products (other than alumina and gallium).
(b)
(i) The Company shall not
recover or permit the recovery of any by-products pursuant to this subclause
otherwise than in accordance with a mode or modes of operations first approved
by the Minister.
(ii)
Any approval given by the Minister pursuant to this
paragraph may be given subject to such conditions as the Minister may
reasonably determine.
(iii)
The Minister may before giving any approval pursuant to
this paragraph require that the Company first obtain the approval of the State
to a variation of any relevant environmental conditions.
(c) The
Company in respect of by-products recovered pursuant to this subclause, shall
pay to the State royalties at the rates from time to time prescribed under the
Mining Act 1978 and shall comply with the provisions of the
Mining Act 1978 and regulations made thereunder with respect to the
filing of production reports and payment of royalties.
(20) (a)
Notwithstanding the provisions of the
Mining Act 1978 but subject to the provisions of this subclause the
Company may from time to time surrender to the State all or any portion or
portions (of reasonable size and shape) of the land for the time being the
subject of the mineral lease subject, in the case of any areas thereof which
have been mined by the Company, to the Company first obtaining the consent in
writing of the Minister to the surrender of those areas.
(b) Upon
the surrender of any portion or portions of the mineral lease future rental
thereunder shall abate in proportion to every square mile of the mineral lease
so surrendered but without any abatement of rent already paid or any rent
which has become due and has been paid in advance.
(c) The
State shall ensure that except with the consent of the Company any mining
lease granted in respect of any land surrendered by the Company to the State
pursuant to this subclause shall not authorize the holder of the mining lease
to mine or remove bauxite from the land the subject of the mining lease.
”.
(3) By inserting after
clause 9A the following clauses —
“9B. (1)
A mining lease granted pursuant to clause 9(15) of
this Agreement shall in addition to any covenants and conditions that may be
prescribed or imposed pursuant to the Mining Act 1978 be subject to the
following special conditions —
(a) any
mining of bauxite must be carried on by or on behalf of the Company subject to
and in accordance with this Agreement;
(b) a
breach of any of the covenants or conditions applicable to the mining lease
shall be deemed to be a failure by the Company to comply with or carry out the
obligations on its part contained in this Agreement;
(c) the
provisions of the Mining Act 1978 shall be modified so that the Company
shall not be obliged to pay royalties on bauxite mined from the mining lease,
where the Company is also liable for royalties on alumina produced therefrom
pursuant to clause 9 of this Agreement.
(2) On the grant of a
mining lease pursuant to clause 9(15) of this Agreement the land the
subject thereof shall thereupon be deemed to be excised from the mineral lease
and the leased area.
(3) The expression
“the Company” in this clause and in clauses 9(15) and 25A of
this Agreement shall, in respect of any land within the mineral lease which is
also the subject of a separate mineral lease, include any assignee of that
separate mineral lease or any interest therein in accordance with this
Agreement.
9C. (1)
The State shall on application made by either the Company or by
the Company and the assignee of an interest in the separate mining lease
relating to the land referred to in this subclause not later than one month
after the 1987 Amendment date grant to the applicant a mining lease for all
minerals under and subject to the provisions of the Mining Act 1978 of
the land coloured green on the plan marked “F” initialled by or on
behalf of the parties hereto for the purpose of identification.
(2) The provisions of
subclauses (1) and (2) of clause 9B of this Agreement shall mutatis
mutandis apply to a mining lease granted pursuant to this clause.
9D. On the expiration
or sooner determination of any mining lease granted pursuant to clause 9B
or clause 9C of this Agreement the land the subject of that mining lease
shall thereupon be deemed to be part of the land in the mineral lease or the
relevant separate mineral lease as the case may be and shall be subject to the
terms and conditions of the mineral lease and this Agreement (other than
clauses 9B and 9C hereof).
9E. (1)
The State acknowledges the right of the Company from time to
time to modify or expand the production capacity of the refinery subject to
compliance with all applicable laws and, if applicable, with the provisions of
this clause.
(2) If the Company at
any time during the continuance of this Agreement desires to significantly
modify or expand the production capacity of the refinery at that time it shall
give notice of such desire to the Minister and if required by the Minister
within 2 months of the giving of such notice shall submit to the
Minister, within such period as the Minister may reasonably allow, detailed
proposals in respect of all matters covered by such notice and such other
matters (including measures for the monitoring, protection and management of
the environment) and other relevant information as the Minister may reasonably
require.
(3) If the Minister
does not require the Company to submit proposals under subclause (2) the
Company may, subject to compliance with all applicable laws, proceed with the
modification or expansion.
(4) On receipt of the
said proposals pursuant to subclause (2) the Minister
shall —
(a)
approve of the said proposals either wholly or in part without qualification
or reservation; or
(b)
defer consideration of or decision upon the same until such time as the
Company submits a further proposal or proposals in respect of some other of
the matters mentioned in subclause (2) covered by the said proposals; or
(c)
require as a condition precedent to the giving of his approval to the said
proposals that the Company make such alteration thereto or comply with such
conditions in respect thereto as he thinks reasonable and in such a case the
Minister shall disclose his reasons for such conditions.
(5) The Minister shall
within 2 months after receipt of the said proposals give notice to the
Company of his decision in respect to the same.
(6) If the decision of
the Minister is as mentioned in either of paragraphs (b) or (c) of
subclause (4) the Minister shall afford the Company full opportunity to
consult with him and should it so desire to submit new or revised proposals
either generally or in respect to some particular matter.
(7) If the decision of
the Minister is as mentioned in either of paragraphs (b) or (c) of
subclause (4) and the Company considers that the decision is unreasonable
the Company within 2 months after receipt of the notice mentioned in
subclause (5) may elect to refer to arbitration in the manner hereinafter
provided the question of the reasonableness of the decision.
(8) If by the award
made on an arbitration pursuant to subclause (7) the dispute is decided
in favour of the Company the decision shall take effect as a notice by the
Minister that he is so satisfied with and approves the matter or matters the
subject of the arbitration.
(9) The Company may
withdraw any proposal it may be required to submit under subclause (2) at
any time before approval thereof or, where any decision of the Minister in
respect thereof is referred to arbitration, within 3 months after the
award by notice to the Minister that it shall not be proceeding with the same.
(10) Nothing in this
Agreement shall oblige the Company to implement or carry out an approved
proposal.
(11) If the Company
shall abandon the implementation or carrying out of an approved proposal the
Company will pay to the State reasonable compensation as shall be agreed for
all costs directly incurred by the State in connection with the approved
proposal.
9F. (1)
The Company shall, for the purposes of this Agreement as far as
it is reasonable and economically practicable —
(a) use
the services of engineers, surveyors, architects and other professional
consultants resident and available within the said State;
(b) use
labour available within the said State;
(c) when
calling for tenders and letting contracts for works materials plant equipment
and supplies ensure that Western Australian manufacturers and contractors are
given fair and reasonable opportunity to tender or quote; and
(d) give
proper consideration and where possible preference to Western Australian
suppliers manufacturers and contractors when letting contracts or placing
orders for works materials plant equipment and supplies where price quality
delivery and service are equal to or better than that obtainable elsewhere.
(2) The Company shall
from time to time during the implementation of an approved proposal under
clause 9E of this Agreement when requested by the Minister submit a
report concerning its implementation of the provisions of subclause (1)
of this clause.”.
(4)
Clause 10 —
(a)
subclause (4) —
by deleting “in respect of each financial year freight charges
based upon the total tonnage of ore transported as aforesaid in that year as
set out in the first column of the first part of the Schedule to this clause
at the rates per ton mile set out in the second column of such Part; and
substituting the following —
“freight charges as agreed with the Railways Commission”;
(b) by
inserting after subclause (4) the following subclause —
“(4a) The
Company and the Railways Commission shall enter into a freight agreement
embodying the terms and conditions under which commodities are to be carried
by the Railways Commission pursuant to this Agreement and for all other
related matters insofar as they are not provided for in this Agreement and
from time to time may add to, substitute for or vary the freight agreement
(and the freight agreement as entered into, added to, substituted or varied
shall if the Company and the Railways Commission so agree operate
retrospectively) and may provide for variation of the obligations referred to
in clause 10 hereof. The provisions of clause 28 of this Agreement
shall not apply to the freight agreement as entered into, added to,
substituted or varied pursuant to this subclause or to any variation with
respect to clause 10 hereof pursuant to this subclause.”;
(c) by
deleting subclauses (5), (6), (7), (8), (9), (10) and (11) and the
Schedule to clause 10 and clause 10A.
(5)
Clause 13 —
(a)
subclauses (2) and (3) —
by deleting “Conservator of Forests” and
“Conservator” wherever they occur and substituting in each place
the following —
“Executive Director”;
(b)
subclause (4) —
by deleting “Forest Department” in both cases where it
occurs and substituting in each place the following —
“Department of Conservation and Land Management”.
(6) Clause 14
subclause (1) —
by deleting
“Electricity” and substituting the following —
“Energy”.
(7) Clause 17
subclause (7) —
(a) by
deleting “prior to the 31st day of December 1986”;
(b) by
inserting after “Company” the following —
“and any assignee of an interest in the separate mineral
lease”.
(8)
Clause 18 —
by inserting after
“mining activities” the following —
“under this
Agreement”.
(9)
Clause 20 —
by inserting after
“Company’s business” the following —
“with respect to
bauxite, gallium or by-products”.
(10) Clause 24
subclause (2) —
by deleting “the
Board constituted under the State Transport Co-ordination Act 1933
” and substituting the following —
“the Minister
responsible for the administration of the
Transport Co-ordination Act 1966 ”.
(11) By inserting
after clause 25 the following clause —
“25A. (1)
Notwithstanding anything contained or implied in the
mineral lease or any separate mineral lease or the Mining Act 1978 the
State subject to the provisions of this clause may grant to or register in
favour of persons other than the Company mining tenements under the Mining
Act 1978 or pursuant to the Second Schedule to that Act in respect of the
area subject to the mineral lease or any separate mineral lease for minerals
other than bauxite unless the Minister for Mines determines that such grant or
registration is likely unduly to prejudice or interfere with the current or
prospective operations of the Company hereunder or an assignee of an interest
in a separate mineral lease with respect to bauxite assuming the taking by the
Company or assignee as the case may be of reasonable steps to avoid the
prejudice or interference or is likely to reduce the Company’s or
assignee’s economically extractable bauxite reserves.
(2) (a)
In respect of any application for a mining
tenement whether made under the Mining Act 1904 or the
Mining Act 1978 in respect of an area the subject of the mineral lease or
a separate mineral lease the Minister shall consult with the Company and any
assignee of an interest in the separate mineral lease with respect to the
significance of bauxite deposits in, on or under the land the subject of the
application and any effect the grant of a mining tenement pursuant to such
application might have on the current or prospective bauxite operations of the
Company (and any assignee as aforesaid) under this Agreement.
(b)
Where the Minister, after taking into account any matters raised by the
Company or assignee in his consultation with it or them, determines that the
grant or registration of the application is likely to have the effect on the
operations of the Company or assignee or the reserves of bauxite referred to
in subclause (1) of this clause he shall, by notice served on the Warden
to whom the application was made, refuse the application, whether or not the
application has been heard by the Warden.
(3) Where the Minister
does not refuse an application for a mining tenement pursuant to
subclause (2) of this clause such application shall be disposed of under
and in accordance with the Mining Act 1978 or pursuant to the Second
Schedule to that Act as the case may require and the Company or any assignee
of an interest in a separate mining lease may exercise in respect of the
application any right that it may have under that Act to object to the
granting of the application. Any mining tenement granted pursuant to such
application shall, in addition to any covenants and conditions that may be
prescribed or imposed, be granted subject to such conditions as the Minister
for Mines may determine having regard to the matters the subject of the
consultation with the Company or assignee pursuant to subclause (2)(a) of
this clause.
(4) (a)
On the grant of any mining tenement pursuant to an
application to which this clause applies the land the subject thereof shall
thereupon be deemed excised from the mineral lease and the leased area or
separate mineral lease as the case may be (with abatement of future rent in
respect of the area excised).
(b) On
the expiration or sooner determination of any such mining tenement or, where
that mining tenement is —
(i)
a prospecting licence or exploration licence and a
substitute tenement is granted in respect thereof pursuant to an application
made under section 49 or section 67 of the Mining Act 1978 ; or
(ii)
a mining tenement granted pursuant to the Second Schedule
to the Mining Act 1978 and a substitute title is granted pursuant to that
Schedule,
on the expiration or
sooner determination of the substitute title the land the subject of such
mining tenement or substitute title as the case may be shall thereupon be
deemed to be part of the land in the mineral lease and shall be subject to the
terms and conditions of the mineral lease or the separate mineral lease as the
case may be and this Agreement.”.
(12)
Clause 31 —
by deleting “
Arbitration Act 1895 ” and substituting the following —
“ Commercial
Arbitration Act 1895 , and notwithstanding section 20(1) of that Act
each party may be represented by a duly qualified legal practitioner or other
representative”.
5. The Pinjarra agreement is hereby varied as
follows —
(1) Clause 4
subclause (9) —
(a) by
deleting paragraphs (e), (f), (g), (h), (i) and (k);
(b) by
deleting paragraph (j) and substituting the following
paragraph —
“(j) in respect
of transport by rail pursuant to this Agreement pay freight charges as agreed
with the Railways Commission;”.
(2) By inserting after
clause 4B the following clause —
“4C. The Company
and the Railways Commission shall enter into a freight agreement embodying the
terms and conditions under which commodities are to be carried by the Railways
Commission pursuant to this Agreement and for all other related matters
insofar as they are not provided for in this Agreement and from time to time
may add to, substitute for or vary the freight agreement (and the freight
agreement as entered into, added to, substituted or varied shall if the
Company and the Railways Commission so agree operate retrospectively) and may
provide for variation of the obligations referred to in subclause (9) of
Clause 4 hereof. The provisions of Clause 28 of the principal
agreement in their application to this Agreement shall not apply to the
freight agreement as entered into, added to, substituted or varied pursuant to
this Clause or to any variation with respect to subclause (9) of
Clause 4 hereof pursuant to this Clause.”.
(3) Clause 5
subclause (1) —
(a)
paragraph (a) by deleting “the Commissioner of Transport under the
Road and Air Transport Commission Act 1966 ” wherever it occurs and
substituting in each place the following —
“the Minister responsible for the administration of the
Transport Co-ordination Act 1966 ”;
(b) in
paragraphs (b) and (c), by deleting “ Road and Air Transport
Commission Act 1966 ” and substituting in each place the
following —
“ Transport Co-ordination Act 1966 ”.
(4) Clause 8
subclause (1) —
by deleting
“Electricity” and substituting the following —
“Energy”.
(5) By inserting after
Clause 12 the following clause —
“12A. The
provisions of Clause 9E of the principal agreement shall apply mutatis
mutandis to any proposed modification or expansion of the production capacity
of the Pinjarra refinery.”.
(6) By deleting the
Schedule.
6. The Wagerup agreement is hereby varied as
follows —
(1) By deleting
clause 7 and substituting the following clause —
“7. (1)
The provisions of Clause 9E of the principal
agreement shall apply mutatis mutandis to any proposed modification or
expansion of the production capacity of the Wagerup refinery beyond a capacity
of 2 million tonnes of alumina per annum or such greater capacity as the
Minister may agree Provided that no such modification or expansion shall
exceed a capacity of 4 million tonnes of alumina per annum.
(2) In respect of any
proposed modification or expansion of the Wagerup refinery beyond a capacity
of 2 million tonnes of alumina per annum the Minister shall refer the proposal
to the Environmental Protection Authority.”.
(2)
Clause 10 —
(a) by
deleting subclauses (4), (6), (7) and (8);
(b) by
deleting subclause (5) and substituting the following
subclause —
“(5)
(a) The Company shall in respect of
transport by rail pursuant to this Agreement pay freight charges as agreed
with the Railways Commission.
(b) The
Company and the Railways Commission shall enter into a freight agreement
embodying the terms and conditions under which commodities are to be carried
by the Railways Commission pursuant to this Agreement and for all other
related matters insofar as they are not provided for in this Agreement and
from time to time may add to, substitute for or vary the freight agreement
(and the freight agreement as entered into, added to, substituted or varied
shall if the Company and the Railways Commission so agree operate
retrospectively) and may provide for variation of the obligations referred to
in this clause. The provisions of clause 28 of the principal agreement in
their application to this Agreement shall not apply to the freight agreement
as entered into, added to, substituted or varied pursuant to this subclause or
to any variation with respect to this clause pursuant to this
subclause.”.
(3)
Clause 11 —
(a) in
paragraph (a), by deleting “the Commissioner of Transport under the
Transport Commission Act 1966 ” and substituting the
following —
“the Minister responsible for the administration of the
Transport Co-ordination Act 1966 ”;
(b) in
paragraphs (b) and (c), by deleting “Transport
Commission Act” and substituting in each place the
following —
“ Transport Co-ordination Act”.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore mentioned.
|
SIGNED by the said THE |
|
BRIAN BURKE |
D. PARKER
MINISTER FOR MINERALS AND ENERGY
|
THE COMMON SEAL OF ALCOA |
|
(C.S.) |
DIRECTOR R. A. G. VINES
SECRETARY P. SPRY-BAILEY
