Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Act 2020 (WA)

Western Australia

Western Australia

Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Act 2020

No. 32 of 2020

An Act to amend the Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Act 2002.

[Assented to 13 August 2020]

The Parliament of Western Australia enacts as follows:

This is the Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Act 2020.

This Act comes into operation on the day on which it receives the Royal Assent.

This Act amends the Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Act 2002.

Before section 1 insert:

Part 1 — Preliminary

After section 2 insert:

Part 2 — Ratification

In section 3 delete “Act —” and insert:

Part —

• Note:

  The heading to amended section 3 is to read:

Terms used

After section 6 insert:

Part 3 — Provisions relating to Balmoral South Iron Ore Project and certain other matters

Division 1 — Preliminary provisions

7. Terms used

• (1)

  In this Part —

adjudicator means any of the following —

• (a)

  a court;

• (b)

  a tribunal;

• (c)

  an arbitrator;

Agreement means the Iron Ore Processing (Mineralogy Pty. Ltd.) 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 agreement a copy of which is set out in Schedule 2;

amending Act means the Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Act 2020;

arbitration agreement means —

• (a)

  an arbitration agreement as defined in the Commercial Arbitration Act 1985 section 4(1) immediately before its repeal; or

• (b)

  an arbitration agreement as defined in the Commercial Arbitration Act 2012 section 7;

arrangement includes (without limitation) the following —

• (a)

  the Agreement;

• (b)

  a relevant arbitration arrangement or relevant mediation arrangement;

• (c)

  any other contract, deed, agreement or other instrument;

• (d)

  an understanding;

• (e)

  a part of an arrangement (including a part of an agreement or other thing referred to in any of paragraphs (a) to (d));

Balmoral South Iron Ore Project means the project known as the “Balmoral South Iron Ore Project” as proposed or described from time to time;

civil wrong includes (without limitation) the following —

• (a)

  a tort;

• (b)

  a breach of trust;

• (c)

  a breach of confidence;

• (d)

  a breach of a duty in equity;

• (e)

  a breach of a written law;

• (f)

  maladministration, misconduct or any other conduct that, under an Act or law, could be the subject of an adverse report, adverse finding, penalty or other sanction of a disciplinary, regulatory or other civil type;

commencement means the coming into operation of section 7 of the amending Act;

conduct