Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 3]
[Heading amended by No. 19 of 2010
s. 4.]
COLLIE HARDWOOD PLANTATION AGREEMENT
THIS AGREEMENT is made this 4th day of January 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
HANSOL AUSTRALIA PTY. LTD. ACN 061 693 856 a company incorporated in the
State of New South Wales and having its registered office at Ernst and Young,
Level 15, The Ernst and Young Building, 321 Kent Street, Sydney, New South
Wales (hereinafter called “the Company”) of the other part
WHEREAS:
(a) The Company is desirous of establishing in the
Collie region of Western Australia large scale commercial hardwood plantations
for the purpose of producing pulpwood for export;
(b) To this end timber sharefarming agreements as
described in section 34B of the Conservation and Land Management
Act 1984 may be acquired by or will be entered into by the Executive
Director of the Department of Conservation and Land Management (“the
Executive Director”) as agent of the Company (“the Company’s
timber sharefarming agreements”) pursuant to a deed of agency and
indemnity entered into by the Executive Director and the Company (“the
Deed of Agency and Indemnity”);
(c) The State for the purposes of promoting
development in the Collie region and of promoting Western Australian exports
agrees to assist the Company upon and subject to the terms of this Agreement.
NOW THIS AGREEMENT WITNESSES:
Introduction of Bill
1. 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 1994 or such later date as
the parties hereto may agree.
Commencement and operation of agreement
2. The provisions of this Agreement other than
this clause 2 shall not commence to operate until the Bill referred to in
clause 1 has been passed by the Parliament of Western Australia and comes
into operation as an Act.
Company operations
3. The Company in its operations in Western
Australia shall comply with and observe the laws for the time being in force
in Western Australia.
Undertakings by the State
4. During the term of this
Agreement —
(a) The
State shall not expropriate or confiscate from the Company timber standing or
felled produced by or on behalf of the Company under the Company’s
timber sharefarming agreements or wood chips made from that timber;
(b) The
State shall not impose, nor shall it permit or authorise any of its agencies
or instrumentalities or any local or other authority of the State to impose
discriminatory taxes rates or charges of any nature whatsoever on or in
respect of the Company’s timber sharefarming agreements the timber
standing or felled produced thereunder or wood chips made from that timber;
(c) The
State shall not discriminate against the Company in processing the
Company’s applications made in respect of its activities relating to the
production of timber by or on behalf of the Company under the Company’s
timber sharefarming agreements or made in respect of the processing thereof
into wood chips;
(d) The
State shall not impose restrictions which prevent the export by the Company of
timber produced under the Company’s timber sharefarming agreements;
(e)
Subject to relevant safety considerations the State shall not materially
obstruct, nor shall it permit or authorise any of its agencies or
instrumentalities or any local or other authority of the State materially to
obstruct, the Company’s operations in respect of the Company’s
timber sharefarming agreements or the transportation of the timber produced
therefrom or processing for export or transportation of wood chips made from
that timber; and
(f) On
request by the Company the State shall make representations to the
Commonwealth or to the Commonwealth constituted agency authority or
instrumentality concerned for the grant to the Company of any licence or
consent under the laws of the Commonwealth necessary to enable or to permit
the Company to export timber produced under the Company’s timber
sharefarming agreements; and
(g) The
State shall not cause the Executive Director to breach either the Deed of
Agency and Indemnity or the Company’s timber sharefarming agreements.
Variation
5. (1) The parties
hereto may from time to time by agreement in writing add to substitute for
cancel or vary all or any of the provisions of this Agreement for the purposes
of more efficiently or satisfactorily implementing or facilitating any of the
objects of this Agreement.
(2) The Minister shall
cause any agreement made pursuant to subclause (1) to be laid on the
Table of each House of Parliament within twelve sitting days next following
its execution.
(3) Either House may,
within twelve sitting days after the agreement has been laid before it, pass a
resolution disallowing the agreement, but if after the last day on which the
agreement might have been disallowed neither House has passed such a
resolution, then the agreement shall have effect from and after that last day.
Term of Agreement
6. This Agreement shall expire at such time as the
Company ceases to have any rights or obligations under any of the
Company’s timber sharefarming agreements, or on 30 June 2030,
whichever is earlier.
Applicable law
7. This Agreement shall be interpreted according
to the law for the time being in force in the State of Western Australia and
the parties hereto irrevocably submit to the exclusive jurisdiction of the
courts of Western Australia and to courts hearing appeals from those courts.
EXECUTED by the parties.
|
SIGNED for and on behalf of the State of Western Australia by THE HONOURABLE
RICHARD FAIRFAX COURT M.L.A., Premier in the presence of: JANE LONGTON 197 ST GEORGES TERRACE PUBLIC SERVANT |
) |
|
|
THE COMMON SEAL of HANSOL AUSTRALIA PTY. LIMITED
ACN 061 693 856 was hereunto affixed by authority of the
Directors in the presence of: MYOUNG KEUM LYU D. H. LEE |
) |
|