Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 6.]
[Heading amended by No. 19 of 2010
s. 4.]
THIS AGREEMENT is made the 5th day of May 1994
B E T W E E N :
THE HONOURABLE RICHARD FAIRFAX COURT, B. Com., M.L.A., Premier of the State of
Western Australia, acting for and on behalf of the said State and its
instrumentalities from time to time (hereinafter called “the
State”) of the one part and WESTERN COLLIERIES LTD. a company
incorporated in Western Australia and having its registered office at 10th
Floor, 40 The Esplanade, Perth (hereinafter called “the
Company”) of the other part
WHEREAS:
(a) the State and the Company are the parties to
the agreement dated 17 January 1979 ratified by the
Collie Coal (Western Collieries) Agreement Act 1979 which agreement has
been varied by —
(i)
the agreement dated 7 October 1985 ratified by
the Collie Coal (Western Collieries) Agreement Amendment Act 1985 ; and
(ii)
the agreement dated 30 April 1990 ratified by
the Collie Coal (Western Collieries) Agreement Amendment Act 1990
and as so varied is hereinafter called “the
principal Agreement”;
(b) the parties desire to vary the provisions of
the principal Agreement.
NOW THIS AGREEMENT WITNESSES:
1. Subject to the context the words and expression
used in this Agreement have the same meanings respectively as they have in and
for the purpose of the principal Agreement.
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.
3. The subsequent clauses of this Agreement shall
not operate unless and until the Bill to ratify this Agreement referred to in
clause 2 hereof is passed as an Act before the 30th June 1994 or such
later date if any as the parties hereto may mutually agree upon.
4. The principal Agreement is hereby varied as
follows —
(1)
Clause 5 —
by deleting “the
State Energy Commission and such proportion of the said reserves (or so much
thereof as the State Energy Commission may from time to time require) shall
include coal to be mined by open-cut methods and coal to be mined by deep
mining methods and shall be made available to the State Energy Commission
pursuant to mutually acceptable commercial arrangements to be entered into
between the Company and the State Energy Commission” and substituting
the following —
“strategic
industries (including power generation) determined by the Minister from time
to time and such proportion of the said reserves (or so much thereof as those
industries may from time to time require) shall be made available to those
industries pursuant to mutually acceptable commercial arrangements to be
entered into between the Company and the persons conducting those
industries”.
(2)
Clause 6 —
by inserting after
“Clause 7.” the following —
“Any
requirements of the overall scheme which provide for underground mining of
coal shall cease to have any effect after 30 June 1994.”.
(3)
Clause 7(1)(a) —
by deleting “,
including measures to be taken to achieve a fair balance between the mining of
coal by open-cut methods and deep mining methods”.
(4)
Clause 7(1)(b) —
by deleting
“Energy Commission have been met for the period covered by such
proposals on a basis commercially acceptable to both the Company and the State
Energy Commission” and substituting the following —
“for strategic
industries (including power generation) have been met for the period covered
by such proposals on commercially acceptable bases”.
(5)
Clause 19(1) —
by inserting after
“hereunder” the following —
“or any
agreement between the Company and a person for the supply of water to that
person which agreement has been approved by the Minister for the purpose of
this subclause”.
(6) By inserting after
Clause 21C the clauses set forth in the Schedule to this Agreement.
THE SCHEDULE
21D. Where, pursuant to an agreement between the
Company and a person which agreement has been approved by the Minister for the
purpose of this Clause, the Company surrenders land out of the Mining Lease
(“the surrendered land”) for the purpose of assisting that person
to construct and operate a coal conveyor or coal conveyors on the surrendered
land —
(a) the
State shall ensure that, during the period that the surrendered land is being
used by that person for the conveyance of coal and for the period of
3 months after the cessation of that use, no person shall acquire any
right under the mining laws of the said State in or over the surrendered land
or any part thereof save with the consent of the Company; and
(b) at
any time during the period of 3 months referred to in paragraph (a)
of this Clause the Company may apply to the Minister for Mines for the
surrendered land to be included in the Mining Lease and upon such application
the Minister for Mines shall include the surrendered land in the Mining Lease
by endorsement on the Mining Lease and subject to the same terms covenants and
conditions as apply to the Mining Lease.
For the purposes of this Clause, section 19
of the Mining Act shall be deemed to be modified to include the surrendered
land in land that may be the subject of an exemption referred to in
paragraph (a) of subsection (1) of that section.
21E. (1) If in order
to recover coal from within the boundaries of the Mining Lease it is necessary
for the Company to mine beyond any such boundaries on land which is the
subject of a mining tenement (“the adjoining tenement”) held
by any third party (“the adjoining tenement holder”) under or
pursuant to an Agreement with the State which contains a corresponding
provision to this Clause the Company shall be entitled to do so if the
following conditions are first fulfilled:
(a)
the Company gives to the Minister and to the
adjoining tenement holder notice (“notice of intention to mine”)
specifying the portion of the adjoining tenement wished to be mined by it and
the anticipated time at which and period during which such mining works will
be carried out; and
(b)
the terms and conditions upon which the Company
may carry out such mining works are agreed between the Company and adjoining
tenement holder or failing such agreement within twenty four (24) months of
service of the notice of intention to mine are determined by arbitration under
the Commercial Arbitration Act 1985 on the basis that:
(i) all
coal recovered from the adjoining tenement in consequence of the mining works
carried out by the Company on the adjoining tenement shall belong to, and be
stockpiled by the Company on the adjoining tenement for the benefit of, the
adjoining tenement holder;
(ii)
works carried out by the Company on the adjoining tenement shall be carried
out in accordance with good coal mining practices; and
(iii)
such obligations as are fair and reasonable in the circumstances shall be
imposed upon the Company with respect to removal and disposal of overburden
and interburden, the management of ground and surface water, rehabilitation
works and compliance with any relevant environmental requirements.
(2) If in order to
recover coal from within the boundaries of any adjoining tenement held by any
third party under or pursuant to an Agreement with the State which contains a
corresponding provision to this Clause it is necessary for an adjoining
tenement holder to mine beyond any such boundaries on land which is the
subject of the Mining Lease the adjoining tenement holder shall be entitled to
do so if the following conditions are first fulfilled:
(a)
the adjoining tenement holder gives to the
Minister and to the Company a notice of intention to mine specifying the
portion of the Mining Lease to be mined by it and the anticipated time at
which and period during which such mining works will be carried out; and
(b)
the terms and conditions upon which the adjoining
tenement holder may carry out such mining works are agreed between the
adjoining tenement holder and the Company (and if such terms and conditions
are not agreed within twenty four (24) months of service of the notice of
intention to mine the Company agrees that such terms and conditions shall be
determined by arbitration under the Commercial Arbitration Act 1985 ) on
the basis that:
(i) all
coal recovered from the Mining Lease in consequence of the mining works
carried out by the adjoining tenement holder on the Mining Lease shall belong
to, and be stockpiled by the adjoining tenement holder on the Mining Lease for
the benefit of, the Company;
(ii)
works carried out by the adjoining tenement holder on the Mining Lease shall
be carried out in accordance with good coal mining practices; and
(iii)
such obligations as are fair and reasonable in the circumstances shall be
imposed upon the adjoining tenement holder with respect to removal and
disposal of overburden, the management of ground and surface water,
rehabilitation works and compliance with any relevant environmental
requirements.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore written.
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SIGNED by the said |
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COLIN BARNETT
MINISTER FOR RESOURCES DEVELOPMENT
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THE COMMON SEAL of |
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Director: THOMAS J R KUZMAN
Director/Secretary: MICHAEL A EGERT
[Schedule 4 inserted by No. 57 of 1994 s. 6.]