Casino (Burswood Island) Agreement Amendment Act 2008 (WA)

Western Australia

Casino (Burswood Island) Agreement

Amendment Act 2008

Western Australia

Casino (Burswood Island) Agreement

Amendment Act 2008

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	The Act amended	2
4.	Section 3 amended	2
5.	Section 4E inserted	3

4E.

Eleventh Supplementary Agreement

ratified and implementation authorised

6.	Schedule 12 inserted	3
Schedule 12 — Eleventh Supplementary Agreement

Western Australia

Casino (Burswood Island) Agreement

Amendment Act 2008

No. 17 of 2008

An Act to amend the Casino (Burswood Island) Agreement Act 1985.

[Assented to 16 April 2008]

The Parliament of Western Australia enacts as follows:

1. Short title

This is the Casino (Burswood Island) Agreement Amendment

Act 2008.

2. Commencement

This Act comes into operation as follows:

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

Casino (Burswood Island) Agreement Amendment Act 2008

s. 3

3. The Act amended

The amendments in this Act are to the Casino (Burswood

Island) Agreement Act 1985*.

[* Reprinted 5 April 2002.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1, and

Act No. 77 of 2006.]

4. Section 3 amended

(1)	Section 3 is amended in the definition of “the Agreement” as follows:

(a)	by inserting after paragraph (b)(iv) the following subparagraph —

“

(v)	the Eleventh Supplementary Agreement;

”;

(b)	after each of paragraphs (b)(i), (ii) and (iv) by inserting —

“ and ”.

(2)

Section 3 is amended by inserting after the definition of “the

Eighth Supplementary Agreement” —

“

“the Eleventh Supplementary Agreement” means

the Eleventh Supplementary Agreement, a copy of

which is set out in Schedule 12;

”.

Casino (Burswood Island) Agreement Amendment Act 2008

s. 5

5. Section 4E inserted

After section 4D the following section is inserted —

“

4E.	Eleventh Supplementary Agreement ratified and implementation authorised

(1)

The Eleventh Supplementary Agreement is ratified and

its implementation is authorised.

(2)

Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Eleventh Supplementary Agreement is to operate and take effect despite any other Act or law.

”.

6. Schedule 12 inserted

After Schedule 11 the following Schedule is inserted —

“

Schedule 12 — Eleventh Supplementary Agreement

[s. 3]

Casino (Burswood Island) Agreement

ELEVENTH SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 28	day of March 2007
B E T W E E N :

THE HONOURABLE LJILJANNA RAVLICH MLC, the administration of the Control Act acting for and on behalf of the State of Western Australia and its instrumentalities from time to time (“the State”)

AND

BURSWOOD NOMINEES LTD. (ACN 078 250 307) of Burswood

Entertainment Complex, Great Eastern Highway, Burswood in the

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

State of Western Australia as trustee of the Burswood Property Trust

(“the Trustee”)

AND

BURSWOOD RESORT (MANAGEMENT) LIMITED manager of the Burswood Property Trust (“the Manager”).

(ACN 009 396 945) of Burswood Entertainment Complex, Great

RECITALS:

A.	Trustees Limited (Merger) Act 1989) and the Manager (by virtue of a deed of retirement and appointment of manager made on 13 August 1990 and a deed of assumption and covenant made on 13 November 1991) are parties to an agreement dated 20 February 1985 ratified by and scheduled to

The State, the Trustee (by virtue of the West Australian amended by:

(a)	the Supplementary Agreement made on 14 September 1987;
(b)	the Second Supplementary Agreement made on 3 May 1990;
(c)	the Third Supplementary Agreement made on 13 November 1991;
(d)	the Fourth Supplementary Agreement made on 30 March 1992;
(e)	the Fifth Supplementary Agreement made on 3 April 1995;
(f)	the Sixth Supplementary Agreement made on 22 June 1996;
(g)	the Seventh Supplementary Agreement made on 9 June 1997;
(h)	the Eighth Supplementary Agreement made on 18 June 2003;

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

(i) the Ninth Supplementary Agreement made on 23 November 2005; and

(j)	the Tenth Supplementary Agreement made on 2 November 2006,

which agreement as so amended is referred to in this Agreement

as “the State Agreement”.

B.	The parties have agreed to further amend the State Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating certain of its objectives.

THE PARTIES AGREE AS FOLLOWS:

1. Definitions and Interpretation

Words and expressions defined in the State Agreement when

used in this Agreement have, unless the context otherwise

requires, the same meanings as in the State Agreement and the

provisions of clause 2 of the State Agreement as to

interpretation apply to this Agreement.

2. Variation and Operation

(a)	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.
(b)	The provisions of this Agreement other than this clause and clause 1 shall not come into operation until the Bill referred to in sub-clause (a) has been passed by the

Parliament of Western Australia and comes into operation as an Act.

(c)	On the said Bill commencing to operate as an Act, this Agreement shall operate and take effect according to its terms notwithstanding the provisions of any Act or law of

Western Australia.

3. Tenth Supplementary Agreement Effective

Notwithstanding clause 2, this Agreement shall only operate

and take effect if the Tenth Supplementary Agreement referred

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

to in Recital A has taken effect in accordance with clause 5 of

the State Agreement.

4. Clause 2 amended

Clause 2 of the State Agreement is amended by:

(a)	inserting after the definition of “Resort Site” the following definition —

“Rivers Management Minister” means the Minister of

the Crown for the time being charged with the

administration of the Swan and Canning Rivers

Management Act 2006;”; and

(b)

inserting after the definition of ““State” or “Western Australia”” the following definition —

“Swan and Canning Rivers and associated lands”

means the areas detailed in Schedules 1 to 4 of the Swan

and Canning Rivers Management Act 2006;”.

5. Clause 6 amended

Clause 6 of the State Agreement is amended by deleting from

subclause (1)(c) the following words:

“(i)

2 natural persons from time to time nominated to the

Minister by the Local Authority;

(ii)

2 natural persons from time to time nominated to the Minister by the Manager;

(iii)

2 members from time to time nominated to the Minister by the Commission;

provided that if at any time the Local Authority, the Manager or

the Commission shall fail to nominate persons for membership

of the Board as and when required by the Minister the State

may cause to be appointed as members of the Board such

persons as the State thinks fit;"

and replacing them with the following:

“(i)	1 natural person from time to time nominated to the Minister by the Local Authority;

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

(i) 1 natural person from time to time nominated to the Minister by the Manager;

(ii) 1 natural person from time to time nominated to the Minister by the Rivers Management Minister;

(iii) 2 natural persons from time to time nominated by the Minister, the Minister to nominate one of those persons as president for the time being of the Board,

provided that if at any time the Local Authority, the Manager or the Rivers Management Minister shall fail to nominate persons for membership of the Board as and when required by the

Minister, or if the Minister shall fail to nominate persons for membership of the Board as and when required, the State may cause to be appointed as members of the Board such persons as the State thinks fit;”.

6. Clause 23 amended

Clause 23 of the State Agreement is amended as follows:

(a)	by deleting from sub-clause (1)(c) the following words —

“The Board must apply moneys received under this paragraph solely for the purpose of performing the functions for which it was or is constituted and to be

expended on or directly in relation to the Resort Site and

the reasonable administration expenses of the Board.”

(b)

by inserting immediately after sub-clause (1)(c) the following sub-clause —

“(1A)

The Board must apply moneys received under

clause 23(1)(c) for the following purposes:

(a)	performing the functions for which it was or is constituted;
(b)	expenditure on or directly in relation to the Resort Site;
(c)	expenditure on projects approved by the Rivers Management Minister for the

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

protection and enhancement of ecological and community benefits and amenity of the Swan and Canning Rivers and associated

lands; and

(d)	expenditure on the reasonable administration expenses of the Board.”

7. Board composition continues

To give effect to the parties’ agreement in clause 5 of this

Agreement, the Board continues in the same form as it existed

prior to the date of this Agreement and each person who was a

member of the Board immediately before the date that this

Agreement takes effect continues in office until the earlier of:

(a)	the expiry of that person’s current term as a member;
(b)	that person’s retirement from the Board as a member; or
(c)	the date that person’s appointment as a member of the Board otherwise ceases for any reason,

at which time that member will be replaced with the relevant

nominee under clause 6(1)(c)(i) or clause 6(1)(c)(ii) of the State

Agreement (as appropriate) or, in the case of a member who had

been nominated by the Commission, by a nominee nominated

by the Minister under clause 6(1)(c)(iv) of the State Agreement.

The nominee of the Rivers Management Minister under

clause 6(1)(c)(iii) of the State Agreement will be appointed

when the last member of the existing Board ceases to be a

member for any reason.

AS WITNESS the execution of this Agreement by or on behalf of the parties the day and year first hereinbefore written.

Casino (Burswood Island) Agreement Amendment Act 2008

s. 6

SIGNED by THE	)
HONOURABLE LJILJANNA	)
RAVLICH MLC for and on
)
behalf of the State of Western
)
Australia in the presence of:
)

J Nichols	L Ravlich
…………………………….…..	……………………………….
Signature of witness	Signature of THE
HONOURABLE LJILJANNA RAVLICH
JON NICHOLS ……………………………...… Name of Witness

THE COMMON SEAL of the

)

said BURSWOOD

)

NOMINEES LTD

)

(A.C.N. 078 250 307) was

hereunto affixed by authority of

)

the Board of Directors in the

)

D.S.

presence of:

David Courtney	J Henwood
………………………………	…………………………….……
Signature of authorised person	Signature of authorised person
Director .....................................	Secretary .........................................
Office held	Office held
DAVID COURTNEY	JUSTINE HENWOOD
………………………………	…………………………………..
Name of authorised person	Name of authorised person

Casino (Burswood Island) Agreement Amendment Act 2008

THE COMMON SEAL of	)
BURSWOOD RESORT	)

(MANAGEMENT) LIMITED

)

(ACN 009 396 945) was

hereunto affixed by authority of	)	C.S.
the Board of Directors in the	)
presence of:

David Courtney	J Henwood
………………………………	…………………………………...
Signature of authorised person	Signature of authorised person
Director ....……………………..	Secretary ..........................................
Office held	Office held
DAVID COURTNEY	JUSTINE HENWOOD
……………………………….	……………………………………
Name of authorised person	Name of authorised person

”.