Iron Ore (Tallering Peak) Agreement Act Amendment Act 1976 (WA)

WESTERN AUSTRALIA.

IRON ORE (TALLERING PEAK)

AGREEMENT.

No. 117 of 1976.

AN ACT to amend the Iron Ore (Tallering Peak)

Agreement Act, 1964.

[Assented to 1st December, 1976.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title

1. (1) This Act may be cited as the Iron Ore and

(Tallering Peak) Agreement Act Amendment Act,	citation.
1976.
(2) In this Act the Iron Ore (Tallering Peak) Agreement Act, 1964 is referred to as the principal Act.

No. 117.] Iron Ore (Tallering Peak) [1976.

Agreement.

(3) The principal Act as amended by this Act may be cited as the Iron Ore (Tallering Peak) Agreement Act, 1964-1976.

Section 3

amended. 2. Section 3 of the principal Act is amended

(a)	by adding before the word "Schedule" in line two of the interpretation "the Agree- ment" the word "First";
(b)	by adding after the words "this Act" in line two of the interpretation "the Agree- ment" the passage ", and, except in subsection (1) of section four of this Act, also includes the Agreement as altered by the Variation Agreement";
(c)	by deleting the passage "instrumentalities." in the interpretation "the State" and substituting the passage "instrumental- ities;"; and
(d)	by adding at the end thereof the following interpretation

"the Variation Agreement" means the agreement a copy of which is set forth in the Second Schedule to this Act. .

Section 4A

added. 3. The principal Act is amended by adding after

section 4 the following section-

Approval

of the

4A. The Variation Agreement is approved. .

Variation

Agreement.

Schedule	4.	The Schedule to the principal Act is amended
amended.

by deleting the heading "THE SCHEDULE." and

substituting the following headings

THE SCHEDULES.

FIRST SCHEDULE. .

1976.] Iron Ore (Tallering Peak) [No. 117.

Agreement.

5. The principal Act is amended by adding at Schedule

the end thereof the following schedule— added.

SECOND SCHEDULE.

THIS AGREEMENT is made the fifteenth day of November 1976 between the Honourable Sir Charles Walter Michael Court, O.B.E., M.L.A., Premier of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities (hereinafter referred to as "the State") of the one part and WESTERN MINING CORPORATION LIMITED a company duly incorporated under the Companies Statutes of the State of Victoria and having its principal office in that State at 459 Collins Street, Melbourne and having its principal office in the State of Western Australia at 191 Great Eastern Highway, Belmont, AUSTRALIAN HANNA LIMITED a company duly incor- porated in the State of Delaware in the United States of America and registered in the State of Western Australia as a foreign company and having its registered office at 64 Thomas Street, West Perth and HOMESTAKE AUSTRALIA LIMITED incorporated in the State of California in the United States of America and registered in the State of Western Australia as a foreign company and having its registered office at 251 Adelaide Terrace, Perth (hereinafter called "the Joint Venturers" in which term shall be included the Joint Venturers and each of them and their and each of their respective successors and assigns) of the other part.

WHEREAS:

(a)	the State and Western Mining Corporation Limited (hereinafter called "the Corporation") have entered into an agreement (which agreement is set out in the Schedule to the Iron Ore (Tallering Peak) Agreement Act, 1964 and is hereinafter referred to as "the principal agreement");
(b)	all rights of the Corporation under the principal agreement have been duly assigned to the Joint Venturers pursuant to Clause 13 (1) of the principal agreement;
(c)	the parties hereto desire to amend the principal agreement.

NOW THIS AGREEMENT WITNESSETH:

1. (1) Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purposes of the principal agreement.

No. 117.] Iron Ore (Tallering Peak) [1976.

Agreement.

(2) All references to "the Company" in the principal

agreement shall become references to "the Joint Venturers".

2.    Except as hereinafter provided nothing in this Agree-

ment shall affect the rights or obligations of either party

arising under the principal agreement.

3. The provisions of this Agreement shall not come into operation unless and until a Bill to approve and ratify this Agreement is passed by the Legislature of the said State and comes into operation as an Act.

4.    The principal agreement is hereby varied as follows:

(1) Clause 2 is amended

(a) by inserting the following definitions after the definition of "fine ore"

"heavy minerals" means titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zir- con monazite kyanite staurolite xenotime and garnet resulting from the separation of heavy mineral concentrates;

"heavy mineral concentrates" means ore concentrated prior to separa- tion into component heavy minerals;

"heavy mineral products" means the products resulting from secondary processing;

(b) by inserting the following definition after the definition of "mineral leases"—

"mineral sands-iron ore handling sys- tem" means the handling system constructed by the Joint Venturers at the Port of Geraldton pursuant to this Agreement as modified by them for the purposes of handling not only iron ore pyrites for the Joint Venturers but also heavy minerals and heavy mineral pro- ducts for Western Titanium Ltd. and the Corporation through the port of Geraldton or for such other purposes as the Minister may approve;

1976.] Iron Ore (Tallering Peak) [No. 117.

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(c) by inserting the following definition after the definition of "Minister"

"modified mineral sands-iron ore handling system" means any modi- fication to the mineral sands-iron ore handling system that may be made during the currency of this Agreement whether by the Joint Venturers or the Geraldton Port Authority for the purposes of not only handling but also shipping both iron ore pyrites and concen- trates for the Joint Venturers and heavy minerals and heavy mineral products for the Corporation and other Companies shipping heavy minerals and heavy mineral pro- ducts through the port of Gerald- ton; and

(d) by inserting the following definitions after the definition of "related company"

"secondary processing" means the pro- cessing of heavy minerals in the said State to substantially enhance their economic value;

"stockpile lease" means the lease granted to the Joint Venturers pursuant to paragraph (a) of Clause 7 hereof or so much thereof as has not from time to time been surrendered by the Joint Venturers or any lease issued in substitution therefor;

(2)

by adding after Clause 7 a new Clause 7A as

follows-

7A The Joint Venturers shall when required by the State surrender that part of the lease granted to them pursuant to paragraph (a) of Clause 7 hereof in respect of the area delineated and coloured green on Depart- ment of Industrial Development Plan No. 029-13 Revision 3 initialled by or on behalf of the parties hereto for the purposes of identification.

(3) Clause 8 is amended

(a) as to sub-clause (2) by substituting for the passage "lease referred to in paragraph (a) of Clause 7 hereof" in lines three and four, the words, "stockpile lease";

No. 117.] Iron Ore (Tallering Peak) [1976.

Agreement.

(b) as to sub-clause (3)-

(i)  by substituting for the passage "lease referred to in paragraph (a) of Clause 7 hereof" in line two, the words "stockpile lease";

(ii)   by substituting for the passage "facilities to be maintained by the State capable of loading up to five hundred (500) tons per hour" in lines six and seven, the words

"from land formerly within the area of the stockpile lease an area of land approved by the Minister for storage of iron ore pyrites or concentrates and cause the Geraldton Port Authority to grant to the Joint Venturers or any agent of the Joint Venturers approved by the State the right to use and manage the mineral sands- iron ore handling system or the modified mineral sands-iron ore handling system as the case may be"; and

(iii)    by deleting the word "so" in line ten;

(c) by deleting sub-clause (4);

(d) by substituting for sub-clause (5) the following sub-clause-

(5) The Joint Venturers will during the currency of this Agreement at their expense operate and maintain the mineral sands-iron ore handling system or the modified mineral sands-iron ore handling system as the case may be used and managed by them pursuant to this clause. ;

and

(e) by adding after sub-clause (5) the follow- ing sub-clause as sub-clause (6)-

(6) The provisions of sub-clause (2) of this Clause shall apply to the mineral sands-iron ore handling system or the modified mineral sands- iron ore handling system as the case may be as if such system was referred to in that sub-clause in lieu of "the said conveyor system".

1976.] Iron Ore (Tallering Peak) [No. 117.

Agreement.

IN WITNESS whereof this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by the said THE

HONOURABLE SIR CHARLES

WALTER MICHAEL COURT,

CHARLES COURT

O.B.E., M.L.A. in the presence

of

ANDREW MENSAROS,

Minister for Mines.

THE COMMON SEAL of

WESTERN MINING CORPO-

RATION LIMITED was here-

(C. S.)

unto affixed in the presence

of

Director, H. 0. CLARK

Asst. Secretary, L. JACOBS

SIGNED by GEOFFREY

JOSEPH WALLACE pursuant

to and with the authority of a

resolution of the Board of	G. J. WALLACE
Directors of AUSTRALIAN HANNA LIMITED in the presence of
MARGARET R. COLLINS
SIGNED by ANTHONY
WALTER MILNE pursuant to
and with the authority of a
resolution of the Board of	TONY MILNE
Directors of HOMESTAKE AUSTRALIA LIMITED in the presence of

V. A. SALES