Iron Ore (Wittenoom) Agreement Amendment Act 1992 (WA)
WESTERN AUSTRALIA
IRON ORE (WITTENOOM)
AGREEMENT AMENDMENT
ACT 1992
No. 41 of 1992
AN ACT to amend the Iron Ore (Wittenoom) Agreement Act
1972.
[Assented to 2 October 1992.]
The Parliament of Western Australia enacts as follows:
Short title
1. This Act may be cited as the Iron Ore (Wittenoom)
Agreement Amendment Act 1992.
No. 41] Iron Ore (Wittenoom) Agreement Amendment
Act 1992
Commencement
2. This Act shall come into operation on the day on which it
receives the Royal Assent.
Principal Act
3. In this Act the Iron Ore (Wittenoom) Agreement Act 1972*
is referred to as the principal Act.
[* Act No. 38 of 1972.]
Section 2 amended
4. Section 2 of the principal Act is amended —
| (a) | in the definition of "the Agreement" by deleting "the Schedule to this Act" and substituting the following — |
(I
Schedule 1
| (b) | by deleting the full stop at the end of the section and substituting a semi-colon; and |
| (c) | by inserting at the end of the section the following definition — |
"the Variation Agreement" means the
agreement a copy of which is set out
ff.
in Schedule 2.
Iron Ore (Wittenoom) Agreement Amendment [No. 41
Act 1992
Section 3A inserted
5. After section 3 of the principal Act the following section is
inserted —
Variation Agreement
CC
3A. (1) The Variation Agreement is ratified and
its implementation is authorized.
(2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Variation Agreement shall operate and take effect notwithstanding any other Act or law.
Schedule amended
6. The Schedule to the principal Act is amended by deleting
"SCHEDULE." and substituting the following —
ft SCHEDULE 1
Schedule 2 added
7. After Schedule 1 to the principal Act the following
Schedule is added —
No. 41] Iron Ore (Wittenoom) Agreement Amendment
Act 1992
f t
SCHEDULE 2
THIS AGREEMENT is made this 20th day of May 1992
BETWEEN:
THE HONOURABLE CARMEN MARY LAWRENCE, B.Psych., Ph.D., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the first part
HAMERSLEY IRON PTY. LIMITED A.C.N. 004 558 276 a company incorporated in Victoria and having its principal office in the State of Western Australia at 13th Floor, 191 St. George's Terrace, Perth and HAMERSLEY RESOURCES LIMITED A.C.N. 004 887 656 a company incorporated in Victoria and having its principal office in the State of Western Australia at 13th Floor, 191 St. George's 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 second part
AND
AUSTRALIAN MINING & SMELTING LIMITED
A.C.N. 004 896 726 a company incorporated in Victoria and having its registered office at 31st Floor, 55 Collins Street, Melbourne (hereinafter called "the Guarantor") of the third part.
WHEREAS:
(a) THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., Premier of the State of Western Australia, acting for an on behalf of the said State and Instrumentalities thereof of the one part entered into an agreement dated the 10th day of March, 1972 with
HANCOCK PROSPECTING PTY. LTD. and
WRIGHT PROSPECTING PTY. LTD. of the other part (which agreement was ratified by and is scheduled to the Iron Ore (Wittenoom) Agreement
Iron Ore (Wittenoom) Agreement Amendment [No. 41
Act 1992
Act 1972 and is hereinafter referred to as "the 1972
Agreement");
| (b) | by Deed of Assignment dated the 5th day of November, 1973 pursuant to the 1972 Agreement HANCOCK PROSPECTING Pit LTD. and WRIGHT PROSPECTING PTY. LTD. assigned a 50% share in their right title and interest in and to the 1972 Agreement to MARANDOO MINING CO. LTD., a company incorporated in the State of Delaware in the United States of America and registered in the State of Western Australia as a foreign company under the provisions of the Companies Act 1961; |
| (c) | MARANDOO MINING CO. LTD. changed its name to TEXASGULF MARANDOO LTD. on the 20th day of December, 1974; |
| (d) | HANCOCK PROSPECTING PTY. LTD. changed its name to HANCOCK PROSPECTING LIMITED on the 8th day of April, 1976; |
| (e) | by Deed of Assignment dated the 29th day of December, 1976 pursuant to the 1972 Agreement TEXASGULF MARANDOO LTD. assigned all its right title and interest in and to the 1972 Agreement to TEXASGULF AUSTRALIA LTD.; |
| (f) | HANCOCK PROSPECTING LIMITED changed its name to HANCOCK PROSPECTING PTY. LIMITED on the 8th day of June, 1977; |
| (g) | the 1972 Agreement was in accordance with its provisions varied by agreement dated the 13th day of November, 1979 (which agreement is hereinafter included in the expression "the 1972 Agreement"); |
| (h) | by Deed of Assignment dated the 27th day of February, 1981 TEXASGULF AUSTRALIA LTD. assigned all its right title and interest, inter alia, in and to the 1972 Agreement to NEW BROKEN HILL CONSOLIDATED LIMITED; |
No. 41] Iron Ore (Wittenoom) Agreement Amendment
Act 1992
(i) by Deed of Covenant dated the 26th day of February, 1981 the Guarantor agreed with the State to guarantee the performance by NEW BROKEN HILL CONSOLIDATED LIMITED of its obligations under the 1972 Agreement;
| (j) | the 1972 Agreement was in accordance with its provisions further varied by agreement dated the 15th day of September, 1982 and as so varied is hereinafter called "the Principal Agreement"; |
| (k) | NEW BROKEN HILL CONSOLIDATED LIMITED changed its name to A M & S MINING LIMITED on the 27th day of November, 1986; |
(1) by an agreement dated the 18th day of October, 1990 and made between Hancock Prospecting Pty. Limited, Wright Prospecting Pty. Ltd., Hamersley Iron Pty. Limited, A M & S Mining Limited, Pilbara Port Railroad and Resource Company Limited and The Hancock Memorial Foundation Limited, Hancock Prospecting Pty. Limited and Wright Prospecting Pty. Ltd. assigned all their right title and interest in and to the Principal Agreement to Hamersley Iron Pty. Limited effective as from and including the 28th February, 1991;
| (m) | A M & S MINING LIMITED changed its name to HAMERSLEY RESOURCES LIMITED on the 26th day of February, 1992; and |
| (n) | the parties wish to vary the Principal Agreement. |
NOW THIS DEED WITNESSETH —
1. Subject to the context the words and expressions used in this Agreement have the same meanings as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this
Iron Ore (Wittenoom) Agreement Amendment [No. 41
Act 1992
Agreement and endeavour to secure its passage as an
Act.
3. The subsequent clauses of this Agreement shall not operate unless and until —
|
If the said Bills are not passed before that date or later date or dates (as the case may be) this Agreement will then cease and determine and none of the parties hereto will have any claim against any other of them with respect to any matter or thing arising out of done performed or omitted to be done or performed under this Agreement.
4. The Principal Agreement is hereby varied as follows:
(1) Clause 1 —
| (a) | by substituting for the plan marked "X" referred to in clause 1 of the Principal Agreement, the plan marked "Y" initialled by or on behalf of the parties hereto for the purposes of identification; |
| (b) | in the definition of "export date", by deleting "export ore hereunder" in paragraph (b) and substituting the following — |
"transport ore from the mineral lease";
No. 41] Iron Ore (Wittenoom) Agreement Amendment
Act 1992
| (c) | by substituting for the definition of "mining areas" the following definition — |
"mining areas" means the areas delineated and coloured red on the plan marked "Y";".
(2) By deleting sub-clause (1A) of clause 2.
(3) Clause 2(1B) —
by deleting "and under sub-clause (1A)".
(4) Clause 8 —
| (a) | subclause (1) paragraph (a) — |
| by deleting "one hundred (100)" and substituting the following — |
"thirty-five (35)";
| (b) | subclause (2) paragraph (a) — |
| by deleting "Governor" and substituting the following — |
"Minister".
(5) Clause 12 paragraph (b) —
by deleting "Arbitration Act, 1895" and
substituting the following —
"Commercial Arbitration Act 1985 (and notwithstanding section 20(1) of that Act a party may be represented before the arbitrator by a duly qualified legal practitioner or other representative)'.
(6) By deleting clause 18.
Iron Ore (VVittenoom) Agreement Amendment [No. 41
Act 1992
(7) Clause 39 —
by deleting "Arbitration Act, 1895" and
substituting the following —
"Commercial Arbitration Act 1985 (and notwithstanding section 20(1) of that Act a party may be represented before the arbitrators by a duly qualified legal practitioner or other representative)".
4. The Guarantor consents to this Agreement.
IN WITNESS WHEREOF these presents have been executed the day and year first hereinbefore written.
SIGNED by the said
THE HONOURABLE CARMEN ) CARMEN
| MARY LAWRENCE in the | ) LAWRENCE |
| presence of : |
I. TAYLOR,
MINISTER FOR STATE DEVELOPMENT
THE COMMON SEAL of
HAMERSLEY IRON PTY.
LIMITED was hereunto
affixed by authority of
the Directors in the
presence of:
I. J. WILLIAMS, Director
G. B. BABON, Secretary
No. 411 Iron Ore (Wittenoom) Agreement Amendment
Act 1992
| THE COMMON SEAL of | ) |
| HAMERSLEY RESOURCES LIMITED | ) |
| was hereunto affixed by | ) |
| authority of the Directors | ) |
| in the presence of: | ) |
I. J. WILLIAMS, Director
G. B. BABON, Secretary
| SIGNED for and on behalf | ) |
| of AUSTRALIAN MINING & | ) |
| SMELTING LIMITED by | ) |
| its duly appointed attorney | ) |
| Ian James Williams under | ) |
| Power of Attorney dated | ) |
| 6 May 1992 in the presence | ) |
| of: | ) |
I. J. WILLIAMS, Director
V. M. PETHRICK, Secretary
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