Iron Ore Agreements Legislation Amendment Act 2010 (WA)

Western Australia

Iron Ore Agreements Legislation

Amendment Act 2010

Western Australia

Iron Ore Agreements Legislation Amendment

Act 2010

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Iron Ore*

(Goldsworthy-Nimingarra)

Agreement Act 1972 amended

3.	Act amended	3
4.	Section 5 inserted	3

5. Variation of Agreement to increase rates

of royalty

Part 3 — Iron Ore (Hamersley Range)

Agreement Act 1963 amended

5.	Act amended	5
6.	Section 2 amended	5
7.	Sections 4A and 4B inserted	5

4A.

Variation of Agreement to increase rates

of royalty

4B.

Variation of Second Supplementary

Agreement to increase rates of royalty

Part 4 — Iron Ore (Marillana Creek)

Agreement Act 1991 amended

Act amended

Iron Ore Agreements Legislation Amendment Act 2010

Contents

Section 6 inserted

6. Variation of Agreement to increase rates

of royalty

Part 5 — Iron Ore (McCamey’s

Monster) Agreement

Authorisation Act 1972 amended

10.	Act amended	10
11.	Section 7 inserted	10

7. Variation of Agreement to increase rates

of royalty

Part 6 — Iron Ore (Mount Bruce)

Agreement Act 1972 amended

12.	Act amended	12
13.	Section 4A inserted	12

4A.

Variation of Agreement to increase rates

of royalty

Part 7 — Iron Ore (Mount

Goldsworthy) Agreement Act 1964

amended

14.	Act amended	14
15.	Section 3 amended	14
16.	Section 5A inserted	14

5A.

Variation of Agreement to increase rates

of royalty

Part 8 — Iron Ore (Mount Newman)

Agreement Act 1964 amended

17.	Act amended	16
18.	Section 2 amended	16
19.	Section 4A inserted	16

4A.

Variation of Agreement to increase rates

of royalty

Part 9 — Iron Ore (Rhodes Ridge)

Agreement Authorisation

Act 1972 amended

20.

Act amended

Iron Ore Agreements Legislation Amendment Act 2010

Contents

21.

Section 4 inserted

4. Variation of Agreement to alter rates of

royalty

Part 10 — Iron Ore (Robe River)

Agreement Act 1964 amended

22.	Act amended	20
23.	Section 4A inserted	20

4A.

Variation of Agreement to increase rates

of royalty

Western Australia

Iron Ore Agreements Legislation Amendment

Act 2010

No. 34 of 2010

An Act to amend these Acts —

•	the *Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972*;
•	the *Iron Ore (Hamersley Range) Agreement Act 1963*;
•	the *Iron Ore (Marillana Creek) Agreement Act 1991*;
•	the *Iron Ore (McCamey’s Monster) Agreement Authorisation Act 1972*;
•	the *Iron Ore (Mount Bruce) Agreement Act 1972*;
•	the *Iron Ore (Mount Goldsworthy) Agreement Act 1964*;
•	the *Iron Ore (Mount Newman) Agreement Act 1964*;
•	the *Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972*;
•	the *Iron Ore (Robe River) Agreement Act 1964*,

in order to alter certain rates of royalty, and for related purposes.

[Assented to 26 August 2010]

The Parliament of Western Australia enacts as follows:

Iron Ore Agreements Legislation Amendment Act 2010

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Iron Ore Agreements Legislation Amendment

Act 2010.

2. Commencement

This Act comes into operation as follows —

(a)	Part 1 comes into operation on the day on which this Act receives the Royal Assent (*assent day*);
(b)	the rest of the Act —

(i) comes into operation on 1 July 2010 if assent day is not later than that day; or

(ii) is deemed to have come into operation on 1 July 2010 if assent day is later than that day.

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

Part 2

amended

s. 3

Part 2 — Iron Ore (Goldsworthy-Nimingarra)

Agreement Act 1972 amended

3. Act amended

This Part amends the Iron Ore (Goldsworthy-Nimingarra)

Agreement Act 1972.

4. Section 5 inserted

After section 4 insert:

5. Variation of Agreement to increase rates of royalty

(1)

In this section —

the Agreement means the agreement a copy of which is

set out in Schedule 1 —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by the First Variation Agreement.

(2)	Clause 33(1) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “3.75%” and inserting —

5.625%

(b)	in subparagraph (iii) by deleting “3.25%” and inserting —

(3)	Clause 33(1)(ii) and (iii) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and

Iron Ore Agreements Legislation Amendment Act 2010

Part 2

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

amended

s. 4

(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 33 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 2.

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Hamersley Range) Agreement Act 1963 amended

Part 3

s. 5

Part 3 — Iron Ore (Hamersley Range) Agreement

Act 1963 amended

5. Act amended

This Part amends the Iron Ore (Hamersley Range) Agreement

Act 1963.

6. Section 2 amended

In section 2 delete “Act —” and insert:

Act, unless the contrary intention appears —

7. Sections 4A and 4B inserted

After section 3J insert:

4A.

Variation of Agreement to increase rates of royalty

(1)

In this section —

the Agreement means the agreement a copy of which is

set out in the First Schedule —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the First Supplementary Agreement;

(ii) the Second Supplementary Agreement;

(iii) the Third Supplementary Agreement;

(iv) the Fourth Supplementary Agreement;

(v) the Fifth Supplementary Agreement;

(vi) the Sixth Supplementary Agreement;

(vii) the Seventh Supplementary Agreement;

Iron Ore Agreements Legislation Amendment Act 2010

Part 3	Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 7

(viii)

the Eighth Supplementary Agreement;

(ix) the Ninth Supplementary Agreement;

(x) the Tenth Supplementary Agreement.

(2)	Clause 10(2)(j) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “3.75%” and inserting —

5.625%

(b)	in subparagraph (iii) by deleting “3.25%” and inserting —

(3)	Clause 10(2)(j)(ii) and (iii) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 10 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 3.

4B.

Variation of Second Supplementary Agreement to

increase rates of royalty

(1)

In this section —

the Second Supplementary Agreement means the

agreement a copy of which is set out in the Third

Schedule —

(a)	as varied from time to time in accordance with its provisions; and

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Hamersley Range) Agreement Act 1963 amended

Part 3

s. 7

(b)	as varied by these agreements —

(i) the Third Supplementary Agreement;

(ii) the Fourth Supplementary Agreement;

(iii) the Fifth Supplementary Agreement;

(iv) the Sixth Supplementary Agreement;

(v) the Seventh Supplementary Agreement;

(vi) the Eighth Supplementary Agreement;

(vii) the Ninth Supplementary Agreement;

(viii)

the Tenth Supplementary Agreement.

(2)

Clause 7(4) of the Second Supplementary Agreement is

varied by deleting “(j),” and inserting —

(j) (as varied by the Iron Ore (Hamersley Range)

Agreement Act 1963 section 4A),

(3)

Clause 7(4) of the Second Supplementary Agreement

as varied by subsection (2) operates and takes effect

despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 7(4) of the Second Supplementary Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 3.

Iron Ore Agreements Legislation Amendment Act 2010

Part 4	Iron Ore (Marillana Creek) Agreement Act 1991 amended
s. 8

Part 4 — Iron Ore (Marillana Creek) Agreement

Act 1991 amended

8. Act amended

This Part amends the Iron Ore (Marillana Creek) Agreement

Act 1991.

9. Section 6 inserted

After section 5 insert:

6. Variation of Agreement to increase rates of royalty

(1)

In this section —

Agreement means the agreement a copy of which is set

out in Schedule 1 —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the First Variation Agreement;

(ii) the Second Variation Agreement.

(2)

Clause 1 of the Agreement is varied by inserting in

alphabetical order —

“fine ore” means iron ore excluding beneficiated ore which

is nominally sized minus six millimetres;

“lump ore” means iron ore excluding beneficiated ore which

is nominally sized plus six millimetres minus thirty

millimetres;

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Marillana Creek) Agreement Act 1991 amended

Part 4

s. 9

(3)	Clause 13(1) of the Agreement is varied —

(a)	in paragraph (a) by deleting “3.25%” and inserting —

(b)	in paragraph (aa)(i) by deleting “5.625%” and inserting —

7.5%

(c)

after paragraph (aa) by inserting —

(ab)

on lump ore at the rate of 7.5% of the

f.o.b. value;

(ac)

on fine ore at the rate of 5.625% of the

f.o.b. value;

(4)	Clause 13(1)(a) and (aa)(i) of the Agreement as varied, and clause 13(1)(ab) and (ac) as inserted in the Agreement, by subsection (3) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(5)	Nothing in this section affects the amount of royalty payable under clause 13 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 4.

Iron Ore Agreements Legislation Amendment Act 2010

Part 5

Iron Ore (McCamey’s Monster) Agreement Authorisation Act

1972 amended

Part 5 — Iron Ore (McCamey’s Monster) Agreement

Authorisation Act 1972 amended

10. Act amended

This Part amends the Iron Ore (McCamey’s Monster)

Agreement Authorisation Act 1972.

11. Section 7 inserted

After section 6 insert:

7. Variation of Agreement to increase rates of royalty

(1)	In this section —
*the Agreement* means the Principal Agreement —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the first Variation Agreement;

(ii) the second Variation Agreement;

(iii) the third Variation Agreement.

(2)	Clause 31(1) of the Agreement is varied —

(a)	in paragraph (aa)(ii) by deleting “3.75%” and inserting —

5.625%

(b)

after paragraph (aa) by inserting —

(ab)	on iron ore products being fine ore and fines where such fine ore or fines are sold or shipped separately as such — at the rate of 5.625% of the f.o.b. revenue (computed as

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (McCamey’s Monster) Agreement Authorisation Act

Part 5

1972 amended

s. 11

mentioned in paragraph (a) of this

subclause);

(ac)	on iron ore products being iron ore concentrates — at the rate of 5% of the f.o.b. revenue (computed as mentioned in paragraph (a) of this subclause);

(3)	Clause 31(1)(aa)(ii) of the Agreement as varied, and clause 31(1)(ab) and (ac) as inserted in the Agreement, by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 31 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 5.

Iron Ore Agreements Legislation Amendment Act 2010

Part 6	Iron Ore (Mount Bruce) Agreement Act 1972 amended
s. 12

Part 6 — Iron Ore (Mount Bruce) Agreement

Act 1972 amended

12. Act amended

This Part amends the Iron Ore (Mount Bruce) Agreement

Act 1972.

13. Section 4A inserted

After section 3B insert:

4A.

Variation of Agreement to increase rates of royalty

(1)	Clause 12(1)(h) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “three and three

quarter per centum (3¾%)” and inserting —

5.625%

(b)	in subparagraph (iii) by deleting “fifteen (15)

cents per ton;” and inserting —

5.625% of the f.o.b. revenue (computed as

aforesaid);

(c)

in subparagraph (iv) by deleting “fifteen (15)

cents per ton;” and inserting —

5% of the f.o.b. revenue (computed as aforesaid);

(2)	Clause 12(1)(h)(ii), (iii) and (iv) of the Agreement as varied by subsection (1) operate and take effect despite —

(a)	any other provision of the Agreement; and

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Mount Bruce) Agreement Act 1972 amended	Part 6
s. 13

(b)	any other agreement or instrument; and
(c)	any other Act or law.

(3)	Nothing in this section affects the amount of royalty payable under clause 12 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 6.

Iron Ore Agreements Legislation Amendment Act 2010

Part 7

Iron Ore (Mount Goldsworthy) Agreement Act 1964 amended

Part 7 — Iron Ore (Mount Goldsworthy) Agreement

Act 1964 amended

14. Act amended

This Part amends the Iron Ore (Mount Goldsworthy) Agreement

Act 1964.

15. Section 3 amended

In section 3 delete “Act —” and insert:

Act, unless the contrary intention appears —

16. Section 5A inserted

After section 4C insert:

5A.

Variation of Agreement to increase rates of royalty

(1)

In this section —

the Agreement means the agreement a copy of which is

set out in the First Schedule —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the first Variation Agreement;

(ii) the second Variation Agreement;

(iii) the third Variation Agreement.

(2)	Clause 9(2)(j) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “3.75%” and inserting —

5.625%

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Mount Goldsworthy) Agreement Act 1964 amended	Part 7
s. 16

(b)	in subparagraph (iia)(B) by deleting “3.75%” and inserting —

5.625%

(c)	in subparagraph (iii) by deleting “3.25%” and inserting —

(3)	Clause 9(2)(j)(ii), (iia)(B) and (iii) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 9 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 7.

Iron Ore Agreements Legislation Amendment Act 2010

Part 8	Iron Ore (Mount Newman) Agreement Act 1964 amended
s. 17

Part 8 — Iron Ore (Mount Newman) Agreement

Act 1964 amended

17. Act amended

This Part amends the Iron Ore (Mount Newman) Agreement

Act 1964.

18. Section 2 amended

In section 2 delete “Act —” and insert:

Act, unless the contrary intention appears —

19. Section 4A inserted

After section 3E insert:

4A.

Variation of Agreement to increase rates of royalty

(1)

In this section —

the Agreement means the agreement a copy of which is

set out in the First Schedule —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the First Variation Agreement;

(ii) the Second Variation Agreement;

(iii) the Third Variation Agreement;

(iv) the Fourth Variation Agreement;

(v) the Fifth Variation Agreement.

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Mount Newman) Agreement Act 1964 amended	Part 8
s. 19

(2)	Clause 9(2)(j) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “3.75%” and inserting —

5.625%

(b)	in subparagraph (iia)(B) by deleting “3.75%” and inserting —

5.625%

(c)	in subparagraph (iii) by deleting “3.25%” and inserting —

(3)	Clause 9(2)(j)(ii), (iia)(B) and (iii) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 9 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 8.

Iron Ore Agreements Legislation Amendment Act 2010

Part 9

Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972

amended

s. 20

Part 9 — Iron Ore (Rhodes Ridge) Agreement

Authorisation Act 1972 amended

20. Act amended

This Part amends the Iron Ore (Rhodes Ridge) Agreement

Authorisation Act 1972.

21. Section 4 inserted

After section 3 insert:

4. Variation of Agreement to alter rates of royalty

(1)

In this section —

Agreement means the agreement referred to in

section 2 as varied from time to time in accordance

with its provisions.

(2)

Section 21.01 of the Agreement is varied —

(a)	in paragraph (b) by deleting “seven and one half

percentum (7½%)” and inserting —

5.625%

(b)	in paragraph (c) by deleting “fifteen cents ($0.15)

per ton.” and inserting —

5% of the FOB revenue (computed as aforesaid).

(c)	in paragraph (d)(ii) by deleting “fifteen cents

($0.15) per ton.” and inserting —

5% of the FOB revenue (computed as aforesaid).

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972

Part 9

amended

s. 21

(3)	Section 21.01(b), (c) and (d)(ii) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under section 21.01 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 9.

Iron Ore Agreements Legislation Amendment Act 2010

Part 10	Iron Ore (Robe River) Agreement Act 1964 amended
s. 22

Part 10 — Iron Ore (Robe River) Agreement

Act 1964 amended

22. Act amended

This Part amends the Iron Ore (Robe River) Agreement

Act 1964.

23. Section 4A inserted

After section 3E insert:

4A.

Variation of Agreement to increase rates of royalty

(1)

In this section —

the Agreement means the agreement a copy of which is

set out in the First Schedule —

(a)	as varied from time to time in accordance with its provisions; and
(b)	as varied by these agreements —

(i) the first variation agreement;

(ii) the second variation agreement;

(iii) the third variation agreement;

(iv) the fourth variation agreement;

(v) the fifth variation agreement.

(2)	Clause 9(2)(j) of the Agreement is varied —

(a)	in subparagraph (ii) by deleting “three and three

quarter per centum (3¾%)” and inserting —

5.625%

Iron Ore Agreements Legislation Amendment Act 2010

Iron Ore (Robe River) Agreement Act 1964 amended

Part 10

s. 23

(b)

in subparagraph (iii) by deleting “aforesaid);” and inserting —

aforesaid) until 30 June 2010 and thereafter at the

rate of 5.625% of the f.o.b. value (computed as

aforesaid);

(c)

in subparagraph (iv) by deleting “one shilling

and sixpence (1/6d) per ton;” and inserting — 5% of the f.o.b. value (computed as aforesaid);

(3)	Clause 9(2)(j)(ii), (iii) and (iv) of the Agreement as varied by subsection (2) operate and take effect despite —

(a)	any other provision of the Agreement; and
(b)	any other agreement or instrument; and
(c)	any other Act or law.

(4)	Nothing in this section affects the amount of royalty payable under clause 9 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 10.

By Authority: JOHN A. STRIJK, Government Printer