Collie Coal (Griffin) Agreement Amendment Act 2024 (WA)
Western Australia
Western Australia
Western Australia
Collie Coal (Griffin) Agreement Amendment Act 2024[
The Parliament of Western Australia enacts as follows:
This is the
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.
This Act amends the
(1) In section 2 delete the definition of
Agreement .(2) In section 2 insert in alphabetical order:
(a) as varied from time to time in accordance with its provisions; and
(b) as varied by the 2023 variation agreement; and
(c) as varied by the 2024 variation agreement.
After section 4 insert:
(1) The 2024 variation agreement is ratified.
(2) The implementation of the 2024 variation agreement is authorised.
(3) Without limiting or otherwise affecting the
Government Agreements Act 1979 , the 2024 variation agreement operates and takes effect despite any enactment or other law.
After Schedule 2 insert:
[s. 2]
[Solicitor’s details]
(1) This Agreement, other than this clause, does not come into operation except in accordance with subclause (2).
(2) This Agreement, other than this clause, comes into operation on the day on which it is ratified by an Act of the Parliament of Western Australia ("
Operative Date ") unless, before that day, it terminates under subclauses (4) or (5).(3) The State must introduce in the Parliament of Western Australia on or before 15 August 2024 or a later date agreed between the parties to this Agreement, a Bill to ratify this Agreement and must endeavour to secure its passage as an Act.
(4) If by 31 December 2024 this Agreement has not been ratified by an Act of the Parliament of Western Australia then, unless the parties to this Agreement otherwise agree, this Agreement terminates on that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.
(5) The parties agree that if the Principal Agreement is otherwise determined in accordance with its provisions on a day prior to the Operative Date, then this Agreement shall also terminate on and from that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.
(6) The State acknowledges and agrees that, notwithstanding any other provision of this Agreement or the Principal Agreement:
(a) Matthew Donnelly, Sean Holmes and Grant Sparks ("
Receivers ") execute this Agreement as joint and several receivers and managers of the assets of the Company for and on behalf of and as agents of the Company;(b) the Receivers are not liable in their personal capacity in any way in connection with this Agreement or the Principal Agreement, except to the extent any liability is caused or contributed to by the recklessness, fraud, gross negligence or wilful misconduct of any Receiver;
(c) to the maximum extent permitted by law, the State releases and forever discharges the Receivers personally from any liability under this Agreement or the Principal Agreement, except to the extent any liability is caused or contributed to by the recklessness, fraud, gross negligence or wilful misconduct of any Receiver; and
(d) the limitations on the Receivers’ liability under this Agreement will continue notwithstanding the Receivers ceasing to act as receivers and managers of the assets of the Company or this Agreement being terminated or amended.
The Principal Agreement is varied as follows:
(1) in clause 1 by inserting in the appropriate alphabetical position the following new definitions:
"Ewington Rail Infrastructure" means the rail spur and loop and any associated infrastructure at Ewington constructed pursuant to this Agreement;
"second variation date" means the date on which Clause 2 of the variation agreement made on or about 30 May 2024 between the Honourable Roger Cook, Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time and the Company comes into operation;
(2) in clause 11A by inserting after subclause (3) the following new subclauses:
(4) The Company shall, not earlier than 1 April 2025 and not later than 30 April 2025 (or such extended time as the Minister may allow), submit detailed proposals under and in accordance with Clause 10 for the financial year ending 30 June 2026 for the exploration and development of the coal resource contained in the Company’s Coal Mining Leases and as to such of the matters mentioned in paragraphs (a) to (l) of subclause (1) of Clause 7 as the Minister may require and such proposals shall be deemed to meet the requirement of Clause 10 that the proposals evidence a significant variation of the Company’s activities under this Agreement to a greater extent than those specified in any approved proposals.
(5) Notwithstanding Clause 33, the Minister may during the implementation of approved proposals approve variations to those proposals."
(3) in clause 17 by inserting after subclause (7) the following new subclause:
(8) Subject to Clauses 36 and 37, the Company may, with the prior consent of the Minister, enter into an agreement with a third party providing for:
(a) access to the Ewington Rail Infrastructure for the transport of goods (including goods other than coal); and
(b) the connection of railway infrastructure owned or operated by a third party to facilitate such access,
and the coal mining leases underlying the Ewington Rail Infrastructure shall be deemed to authorise such access and connection."
(4) in clause 21 by:
(a) by deleting in subclause (2a) the word "The" and substituting the following words:
"Subject to subclause (2b), the"; and
(b) inserting after subclause (2a) the following new subclause:
"(2b) The term of each coal mining lease, granted to the Company pursuant to subclause (1) of this Clause and subsisting immediately prior to the second variation date, is deemed to continue until 30 June 2026 subject to the sooner determination of such term upon the cessation or determination of this Agreement."; and
(5) in clause 49 by inserting after subclause (3) the following new subclause:
"(4) The parties:
(a) acknowledge that on 1 May 2024 the Minister extended the term of this Agreement pursuant to subclause (3) of this Clause for a further period of 12 months expiring on 30 June 2025; and
(b) agree that on and from the second variation date the term of this Agreement is deemed to be extended for a further period of 12 months expiring on 30 June 2026,
subject to the provisions of Clauses 36 and 37."
[Signature] ______________________________ Signature of witness Name of witness (block letters) | ) ) ) | [Signature] | |||
[Signature] ______________________________ Signature of witness Full name of witness (block letters) | ))))) ))))) ))))) ) | [Signature] __________________________ Signature of receiver and manager Name of receiver and manager (block letters) |
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