Lake Lefroy Salt Industry Agreement Act 1969 (WA)
| No. 23.] | Lake Lefroy Salt Industry | [1969 |
Agreement.
LAKE LEFROY SALT
INDUSTRY AGREEMENT.
No. 23 of 1969.
AN ACT to approve an Agreement between the State of Western Australia and Norseman Gold Mines No Liability relating to the establishment and carrying on of an industry for the mining and sale of salt and other allied mining and ancillary
industries.
[Assented to 16th May, 1969.]
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. This Act may be cited as the Lake Lefroy |
Salt Industry Agreement Act, 1969.
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Agreement.
| 2. In this Act | Definition. |
"the Agreement" means the Agreement a copy of which is set forth in the Schedule to this Act, and if, the Agreement is amended in accordance with its provisions, includes the Agreement as so amended from time to time.
Approval
| 3. The Agreement is approved. | of the Agreement. |
| By-lava. |
4. By-laws may be made for the purposes of,
and in accordance with clause 11 of the Agreement,
and the by-laws
| (a) | shall be published in the Government |
Gazette;
| (b) | shall take effect and have the force of law from the date they are so published, or from a later date fixed by the order making the by-laws; |
| (c) | may prescribe penalties not exceeding one hundred dollars for a breach of any of the by-laws; and |
| (d) | are not subject to section 36 of the Interpretation Act, 1918, but shall be laid before each House of Parliament within six sitting days of such House next following the publication of the by-laws in the |
Gazette.
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Agreement.
8. 2.
SCHEDULE.
AN AGREEMENT under seal made the 25th day of March One thousand nine hundred and sixty nine BETWEEN THE HONOURABLE DAVID BRAND, M.L.A. Premier and Treasurer of the State of Western Australia acting for and on behalf of the Government of the said State and instrumentalities thereof from time to time (hereinafter referred to as "the State") of the one part and NORSEMAN GOLD MINES NO LIABILITY a company incorporated under the provisions of the statutes of South Australia and having its registered office in such State at 33 Pirie Street Adelaide and registered as a foreign company in Western Australia and having its registered office at Norseman in the said State (hereinafter called "the Company" which term shall include the successors and assigns of the Company including where the context so admits the assignees and appointees of the Company under Clause 37 hereof) of the other part.
WHEREAS the parties hereto desire to enter into this Agreement with the object of the establishment and carrying on at Lake Lefroy in the vicinity of Widgiemooltha of an industry for the mining and sale of salt and other allied mining and ancillary industries as may conveniently be carried on in conjunction therewith and to do all acts matters and things to attain and to facilitate the above- mentioned objects.
AND WHEREAS the Company is the holder of a Right of Occupancy under the Mining Act of Temporary Reserve for salt No. 3802H situated at Lake Lefroy in the Coolgardie and East Coolgardie Goldfields and shown edged in "red" on the plan annexed hereto which Right of Occupancy expires on the 11th day of May, 1969.
AND WHEREAS the Company has agreed in principle with SUMITOMO SHOJI KAISHA LTD. a company duly organised and existing under the laws of Japan to enter into a joint venture for the mining and export of salt from Lake Lefroy AND for that purpose to incorporate or cause to be incorporated under the provisions of the Companies Act, 1961 of the said State a proprietary Limited Company to be known as LEFROY SALT PTY. LTD.
NOW THIS AGREEMENT WITNESSETH and the parties hereto COVENANT AND AGREE with one another as follows:-
| Definitions. | 1. In this Agreement subject to the context |
"Commencement Date" means the date on which the Company submits written application for the pro- duction site lease pursuant to subclause (1) of Clause 5 hereof;
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Agreement.
"Land Act" means the Land Act, 1933;
"Mining Act" means the Mining Act, 1904;
"Minister" means the Minister of the Crown to whose administration the ratifying Act is for the time being committed or if there is no such committal the Minister for Industrial Development;
"month" means calendar month;
"notice" means notice in writing;
"person" or "persons" includes bodies corporate;
"production site" means any land leased to and held by the Company pursuant to the provisions of Clause 5 hereof;
"production site lease" means the lease of the production
site;
"Railways Commission" means the Western Australian
Government Railways Commission constituted by
Section 8 of the Government Railways Act, 1904;
"ratifying Act" means the Act referred to in subclause
(1) of Clause 3 hereof.
"shipped" means removal from the production site by rail or any other means;
"the said State" means the State of Western Australia;
"this Agreement" "hereof" and "hereunder" refer to this Agreement whether in its original form or as from time to time added to varied or amended;
"ton" means a ton of two thousand two hundred and forty (2240) lbs;
"year" means a year commencing on the 1st day of
July;
reference in this Agreement to an Act shall include the
amendments to such Act for the time being in
force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder;
marginal notes shall not affect the interpretation or the construction of this Agreement.
2. Upon the execution of this Agreement the State shall This be obliged to grant the right of occupancy provided for in Clause 4 hereof but no other provision hereof shall be of any effect unless and until the Company at some time prior to the 31st day of December, 1969, establishes to the reasonable
be obliged to introduce and sponsor the Bill mentioned in tortgeorta.
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Agreement.
satisfaction of the Minister, and the Minister signifies in
writing that he is so satisfied, that:
| (a) | the Company has entered into or intends to enter into contracts or arrangements satisfactory to the Company and the State for the sale by the Company of salt; and |
| (b) | the Company has made or is about to make arrange- ments satisfactory to the Company and the State for financing the works referred to in Clause 13 hereof and that the Company proposes to proceed with such works. |
Ratifying
| Act. | 3. (1) The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to ensure its passage as an Act prior to the 30th day of June, 1969, or such later day as the parties hereto may agree upon. If the Bill is not so passed as an Act before the 30th day of June, 1969 (or such later day as the parties hereto may agree upon) this Agreement shall be of no force or effect and neither of the parties hereto shall have any claim against the 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. |
| (2) If the Bill to ratify this Agreement is passed as an Act before the 30th day of June, 1969 (or such later day as aforesaid) the following provisions of this clause shall not- withstanding the provisions of any Act or law thereupon operate and take effect namely: |
| (a) | the State may by Agreement acquire or compulsorily take or resume as for a public work within the meaning of the Public Works Act, 1902, any land or any estate or interest in land which in the opinion of the State is reasonably required for the objects of this Agreement and may thereafter dispose or deal with the same in accordance with or for the purposes of this Agreement apart from the provisions of that Act or any other Act AND when any land is to be so compulsorily taken or resumed under the powers conferred by this paragraph the provisions of sub- sections (2) to (7) inclusive of Section 17 and Sec- tion 17A of the Public Works Act, 1902, shall not apply to or in respect of the land or to the taking thereof except that notice of intention to take or resume the land shall be given in accordance with the provisions of paragraph (b) of subclause (2) of Section 17 of the said Act; |
| (b) | all land the subject of any lease hereunder shall for the purposes of the Mining Act be deemed to be "Private Land" as defined by Section 136 of that |
Act.
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Agreement.
4. The State shall upon application by the Company at any L'empoIarY
time prior to the 31st day of December, 1969, (and surrender of the then existing rights of occupancy already granted in respect of Temporary Reserve 3802H) cause to be granted to the Company for the purposes of this Agreement (includ- ing the sole right to search and prospect for evaporites and make prototype constructions) rights of occupancy under Section 276 of the Mining Act over the whole of the area comprised in Temporary Reserve 3802H for a period of twelve months and at the same rental as the last current renewal of said rights of occupancy and shall then and thereafter subject to the continuance of this Agreement cause to be granted to the Company successive renewals of such rights of occupancy (each renewal for a period of twelve months at the same rental and on the same terms) the last of which renewals notwithstanding its currency shall expire-
(i) upon the granting of the production site lease pur- suant to subclause (1) of Clause 5 hereof;
(ii) on the determination of this Agreement pursuant to Clause 33 of this Agreement; or
(iii) on the day of the receipt by the State of a notice from the Company pursuant to Clause 47 of this Agreement;
whichever shall first happen.
Production
| 5. (1) As soon as conveniently may be after the coming | site |
| into operation of the ratifying Act the State shall on the | Lease. |
| written application of the Company cause all that land shaded "green" in the plan annexed hereto and initialled on behalf of the parties hereto for the purpose of identi- fication and comprising approximately three thousand (3,000) acres to be leased to the Company under the pro- visions of the Mining Act which shall be deemed to be so amended varied and modified as to enable the lease to be granted on the following terms and conditions namely: |
| (a) | for a term of twenty-one (21) years from the com- mencement date; |
| (b) | at a rental computed at the rate of twenty-five dollars ($25) per one hundred (100) acres per annum; |
| (c) | subject to the payment by the Company of the royalties hereinafter mentioned and to the due and punctual performance by the Company of its obli- gations hereunder; |
| (d) | that the Company shall be entitled (provided the right of re-entry contained in the lease or the renewal thereof (as the case may be) has not been exercised) to the option to renew the lease for a further term of twenty-one (21) years and on |
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Agreement.
the expiry thereof to further renew the lease for a further term of twenty-one (21) years on the same terms and conditions as are contained in paragraphs (b) (c) (f) and (g) of this subclause;
| (e) | that the cost of any survey required by the State be paid by the Company; |
| (f) | subject to the reservations required in Crown Leases pursuant to the Petroleum Act, 1936. |
| (g) | otherwise on such terms and conditions as are reasonably required to give effect to the provisions and objects of this Agreement. |
(2)
The Company on demand shall pay to the State a sum sufficient to reimburse the State for the cost of resuming or taking any land required for the production site.
(3) The Company may at any time during the con- tinuance of this Agreement submit application to the State to have added to the area of the production site lease such further area or areas of the surface of Lake Lefroy as are specified in the said application and if the State, having reasonable regard to the nature of the Company's operation and the overall development of the area and its use by other parties considers the Company's proposal or proposals to be reasonable, it shall cause to be added to the area of the production site lease such additional area or areas and the area of the production site lease prior to the said addition or additions shall be reduced by an area equal to the area or areas added pursuant to this subclause.
6. (1) If the Company wishes to construct a spurline from the existing Coolgardie-Esperance railway line to the production site or to the associated stockpile site it shall agree with the Railways Commission as to the route to be followed by the spurline and shall then notify the Minister that it wishes to construct a spurline along that route, whereupon the State, providing that it is satisfied that the proposal would not involve unnecessary interfer- ence with the general development of the area or with the use of the area by others shall in accordance with the requirements of Part VI of the Public Works Act, 1902, introduce and sponsor a Bill in the Parliament of Western Australia to authorise the construction of such spurline.
(2) If and when the Bill mentioned in subclause (1) of this Clause is passed as an Act the said spurline shall for all purposes be deemed a railway to which Part VI of the Public Works Act, 1902, applies and the State shall so soon as conveniently may be thereafter-
(i) at the expense of the Company in all things acquire such land as may be necessary to enable the con- struction of such spurline;
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Agreement.
(ii) grant to the Company a lease of such land as may be necessary to enable construction of the spurline, such lease to be at a peppercorn rental and for the same term and subject to the same rights of renewal as apply with regard to the production site lease.
(3) Upon the granting of the lease referred to in subclause (2) of this Clause the Company shall at its own expense in all things proceed to construct the said spurline with necessary loops crossings sidings and other facilities to the specification of the Railways Commission and shall thereafter, also at its own expense in all things, maintain the spurline loops crossings sidings and other facilities to the satisfaction of the Commission.
The State may with regard to the spurline exercise any of the powers conferred by Sections 100, 101, 102, 103, 104, 108, 110, 112 or 113 of the Public Works Act, 1902, and any expense incurred by the State in so doing shall be borne and paid by the Company.
(4)
(5) The said spurline and its appurtenances shall not be subject to tenants rights in the Company and at the expiration or sooner determination of the lease the Company's interest in the spurline and appurtenances, whether fixtures or not, shall absolutely cease and shall vest or revest in the State and the State shall not be obliged to pay any compensation therefor.
If the Company notifies the Minister that it wishes to Loading
7.
construct loading facilities on the wharf at Esperance and fail: two :tt
if having regard to the general development of the wharf harbour and vicinity with a view to the reasonable use thereof by others the Minister considers that such facilities are reasonable the State shall upon payment of the prescribed fee issue or cause to be issued to the Company an appropriate license and the Company thereupon shall construct on the said wharf loading facilities and ancillary equipment capable of loading into ships not less than one thousand (1,000) tons of salt per hour provided the Minister has approved of the plans and specifications therefor.
Lease for
| 8. If the Company notifies the Minister that it requires a stockpile site in the vicinity of Esperance and if having | Stockpile |
| Site at | |
| regard to the general development of the area with a view | Esperance. |
| to the reasonable use thereof by others the Minister considers the Company's proposal to be reasonable and if the State has land sufficient for the Company's requirements (which as presently estimated would be five (5) acres) then the State shall grant to the Company a lease thereof subject |
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Agreement.
to the same term and rights of renewal as apply in respect of the production site lease at a rental of two hundred dollars ($200) per acre per annum provided the Minister has approved of the plans and specifications for the development thereof.
Leese for
| Stockpile | 9. |
| If the Company notifies the Minister that it requires a if having regard for the general development of the area with a view to the reasonable use thereof by others the Minister considers the Company's proposal to be reasonable and the State has land sufficient for the Company's requirements, then the State shall grant to the Company a lease thereof subject to the same term and rights of renewal as apply in respect of the production site lease at a rental of five dollars ($5) per acre per annum provided the Minister has approved of the plans and specifications for the development thereof. | |
| Site at | |
| Widgie- | stockpile site in the vicinity of the production site lease and |
| mooitha. | |
| Protection | |
| of | 10. (1) This Agreement is made on the understanding that |
| Company's | by the terms of the Agreement set forth in the Schedule |
| Rights. | to the Nickel Refinery (Western Mining Corporation Limited) Agreement Act, 1968, the State has undertaken to grant to the Western Mining Corporation Limited, on that Company's application, mining tenements under the Mining Act within the area now covered by Temporary Reserve No. 380211 and that whilst the State will endeavour to ensure that the grant of any such rights will not involve undue interference with the operations of the Company under this Agreement nothing done by the State pursuant to such undertaking is to be deemed a breach of this Agreement on the part of the State or to involve the State in any liability to the Company. |
(2)
The State has no responsibility to the Company with regard to any operations which are or may be carried on at any time during the term of this Agreement on any area on or near to Lake Lefroy which as at the date of this Agreement is subject to rights granted or applied for under the Mining Act, whether such operations are carried on pursuant to rights already granted or to rights granted at any time hereafter.
(3)
The State may at any time during the term of this Agreement grant rights under any provision of the Mining Act in respect of any area or areas on or near to Lake Lefroy but the State will endeavour to ensure that the grant of any such rights will not involve undue interference with the operations of the Company and before granting any such rights over any area of Lake Lefroy or over any area of which any part is within one statute mile of the shoreline of Lake Lefroy (not being an area referred to in subclause (2) of this Clause and held under the same right as exists
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Agreement.
at the time of this Agreement or under some right granted in substitution therefor) will consult the Company and if as a consequence of that consultation the Minister for Mines is of the opinion that it is necessary in the reasonable interests of the Company the State may make the grant of any such right subject to the condition that any mining or other operations carried on on such area shall not:
| (a) | restrict the free flow of water on Lake Lefroy to such degree as is likely to prejudice the operations of the Company; or |
| (b) | involve the disposition of residues or tailings in such manner as may contaminate the salt reserves of Lake Lefroy as are available to the Company; or |
| (c) | involve the doing of anything which will unreason- ably prejudice the operations of the Company. |
For the purpose of this subclause the Mining Act shall be deemed to be modified so as to permit the State to impose such conditions as aforesaid.
(4) The State shall not during the term of this Agree- ment without the consent of the Company grant any right or title for the mining or production of salt over any part of Lake Lefroy except that it may if so required renew the lease presently held under Section 116 of the Land Act by W.A. Salt Supply.
| time the Minister shall recommend to the Governor in | 11. At the reasonable request of the Company from time to By-laws. desirable by-laws in respect of the management or use of any of the Company's facilities that have been constructed pursuant to this Agreement. Should the State at any time consider that any by-law made hereunder has as a result of altered circumstances become unreasonable or inapplicable then the Company shall recommend such alteration or repeal thereof as the State may reasonably require or in the event of there being any dispute as to the reasonableness of such requirement then as may be decided by arbitration here- under. | |
| ||
| tailings leases and such other leases, licenses, reserves and tenements under the Mining Act or under the provisions of the Land Act modified as in subclause (2) of this Clause provided as the Company may reasonably require and request for its purposes under this Agreement on or near the pro- duction site provided land is available. Without limiting the generality of the foregoing the State shall grant to the |
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Agreement.
Company appropriate rights either by lease or license enab- ling the Company to take without royalty stone, gravel, sand, or earth from available Crown land for the purpose of mak- ing improvements to the work sites.
(2) For the purposes of the preceding subclause the Land Act shall be deemed to be modified by
| (a) | The substitution for subsection (2) of Section 45A of the following subsection: |
(2) Upon the Governor signifying approval pur- suant to subsection (1) of this section in respect of any such land the same may be subject to this section be sold or leased;
| (b) | the deletion of the proviso to Section 116; |
| (c) | the deletion of Section 135; |
| (d) | the deletion of Section 143; |
| (e) | the inclusion of a power to offer for sale or leasing land within or in the vicinity of any townsite not- withstanding that the townsite has not been consti- tuted a townsite under Section 10; and |
| (f) | the inclusion of a power to offer for sale or grant leases or licenses for terms or periods and on such terms and conditions (including renewal rights) and in forms consistent with the provisions of this Agreement in lieu of the terms or periods and the terms, conditions and the forms referred to in the Act. |
(3) The provisions of subclause (2) of this Clause shall not operate so as to prejudice the rights of the State to determine any lease, license or other right or title in accordance with the other provisions of this Agreement.
| Company's | 1 3. The Company shall |
Obligations.
(1) Not later than three (3) months after the commencement date commence and thereupon diligently proceed with the construction and establishment on the production site of a salt plant designed to have the capacity to mine and produce and to load into railway wagons not less than five hundred thousand (500,000) tons of salt per annum, and estimated with its equipment and housing for employees of the Company to cost not less than three million (3,000,000) dollars provided that plans and specifications for such plant and housing have first been submitted to and approved
by the Minister.
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Agreement.
(2) Complete the construction and establishment of the plant and housing as aforesaid not later than the thirty-first day of December, 1972.
| (3) | Subject to approval of plans and specifications by the Railways Commission construct and maintain all necessary loops, spurs and sidings at the stock- pile site at Esperance, such construction to be completed by the 31st day of December, 1969. |
| The Company shall at all times permit the Railways Commission to use such loops spurs and sidings provided such use does not unreasonably interfere with the operations of the Company. | |
| (4) | Subject to the provisions of Clause 23 of this Agree- ment provide all locomotives and rolling stock including spares and replacements deemed necessary by the Railways Commission to enable the Com- mission to meet its obligations as mentioned in paragraph (a) of Clause 21 hereof. Such locomotives and rolling stock to be of designs and specifications to be agreed upon between the Company and the Railways Commission. |
| At the expiration or determination of the Agree- ment the locomotives and rolling stock shall become the absolute property of the State which shall not be obliged to pay any compensation to the Company in respect of the acquisition of the said locomotives and rolling stock. | |
| (5) | Supply to the Railways Commission in writing not less than three (3) months before the beginning of every calendar year details of the estimated ton- nages of salt to be railed from the production site to the stockpile site at Esperance in the ensuing calendar year also particulars of the pattern of working including weekly and monthly despatches and the proposed hours of working. |
(6) Provide and maintain staffed loading and unload- ing facilities with the capacity to load at the rate of fifty (50) wagons per hour at the stockpile site
adjacent to the production site and unload at the stockpile site at Esperance at the rate of twenty- five (25) wagons per hour at times to meet railway timetable requirements and to perform all terminal services except shunting.
(7) Install such equipment as to ensure that in no
instance shall the gross loaded weight of any wagon
exceed sixty-one (61) tons prior to the completion
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Agreement.
of the line up-grading an axle loading of ten and one half (10*) tons will apply and the wagons provided by the Company will be limited to a gross loading weight of forty-two (42) tons per eight (8) wheel wagon.
| (8 ) | Trim all wagons for proper distribution of load for safe travel. |
14. (1) As soon as possible after the commencement date the State shall up-grade the existing railway and associated facilities between Widgiemooltha and Esperance by replac- ing the existing rails thereof either with new rails or with used rails of better condition, such up-grading to make the railway adequate for the transport of the tonnages referred to in Clause 16 hereof.
(2) The Company shall advance to the State such moneys as the State requires to effect the work mentioned in subclause (1) of this Clause but the Company's liability for such advances shall not exceed four million dollars ($4,000,000) in the event of new rails being used or three million four hundred thousand dollars ($3,400,000) in the event of used rails being used; the said moneys to be advanced in instalments as and when required by the Rail- ways Commission.
15. The Company shall supply to the State rail ballast at two dollars ten cents ($2.10) per cubic yard delivered into rail hoppers at Norseman; such ballast to be to the specifi- cation of the Railways Commission and to be delivered when and in such quantities as required by the Commission but so that the Company shall not be obliged to supply more than one hundred and thirty thousand (130,000) cubic yards.
16. The Company during each of the years later mentioned in this clause shall consign for carriage on the State's rail- way between Widgiemooltha and Esperance an amount of salt no less than that hereinafter indicated with regard to the year in question:
1969— 50,000 tons 1970-150,000 tons 1971-300,000 tons 1972-300,000 tons 1973—and every year thereafter during the continuance
of this Agreement-500,000 tons.
For the purposes of this Clause the years shall be taken to end on the 31st day of December.
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Agreement.
17. (1) The Company shall pay freight on all salt trans- ported from the railway wagon loading facilities to be established on the stockpile site mentioned in Clause 9 hereof to Esperance at the following rates per ton:
(i) for the first five (5) years from the date of
| |||
| (ii) |
|
(2)
The freight rates provided in subclause (1) of this Clause may be varied by mutual agreement in writing between the parties hereto.
The freight rates to apply to the traffic mentioned in subclause (1) of this Clause after the expiration of the arrangement made by that subclause shall be negotiated by the parties hereto.
(3)
(4) Freight shall be calculated on railway weighbridge weights but subject to a minimum charge calculated on the assumption that the loaded weight on each wagon is sixty (60) tons and that no wagon contains less than forty-five (45) tons of salt.
(5) The Railways Commission will submit monthly accounts to the Company for all freight and other charges and the Company shall pay such accounts within one (1) month of their being received.
18. (1) The Company shall pay to the appropriate authority
a wharfage charge as follows:
On the first 100,000 tons in any one year-20 cents per
ton.
On the second 100,000 tons in any one year-17.5 cents
per ton.
On all tonnages in excess of 200,000 tons in any one year-15 cents per ton.
(2) Wharfage charges shall be adjusted proportionately with any increase or decrease in the wharfage charge on bulk products at Esperance (at present forty (40) cents per ton).
(3) If the State carries out dredging at Esperance so that ships with a greater draught than thirty (30) feet can be loaded at the wharf and the Company takes advan- tage of such additional depth then wharfage charges set out in this Clause are to be renegotiated.
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Agreement.
19. The Company shall commence shipping salt from Esperance by the 31st day of December, 1969, or such later date which may be agreed upon by the parties hereto.
Royalty. 20. (1) The Company shall during the continuance of this Agreement pay to the State a royalty on all salt produced at the production site and shipped computed as set out hereunder:
Rate per ton
On the first 500,000 tons dry weight in any
| year .... | 5 cents |
On the second 500,000 tons dry weight in
| any year | .... | ... | 6.25 cents |
On all tonnages in excess of 1,000,000 tons
| dry weight in any year .. | .... | . 7.5 cents |
The royalty on salt which the Company rails to Esperance for export shall not be payable until it is shipped from there and tonnages for the purpose of assessing royalty on such salt shall be ascertained at Esperance.
The royalty on all other salt removed from the production site shall be payable as from the time of such removal and tonnages for the purpose of assessing royalty on such salt shall be ascertained at the production site.
Returns. (2) Within twenty-one (21) days after the quarter days being the last days of March, June, September, and Decem- ber in each year commencing with the quarter day next following the day on which the first royalty becomes payable the Company shall furnish to the Minister for Mines a return showing the quantity of all salt that has become subject to the payment of royalty during the quarter ending on the respective quarter day and shall not later than one (1) month after the date on which such return is due pay to the State the royalty in respect of all salt disposed of during that quarter.
Inspection of(3) Throughout the continuance of this Agreement the Records. Company shall permit a nominee of the Minister for Mines
to inspect at all reasonable times the books of account and records of the Company relative to the production of salt at the production site and any disposal thereof and to take copies or extracts therefrom so far as is necessary for the purpose of determining the royalty payable here- under. The Company will take reasonable steps to satisfy the Minister for Mines either by the certificate of a competent independent party acceptable to him or other- wise to his reasonble satisfaction as to all relevant weights and will give due regard to any objection or representation made by the Minister for Mines or his nominee as to any particular weight of salt which may affect the amount of royalty payable hereunder.
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Agreement.
21. The State shall during the currency of this Agreement aailwals
-at its own expense in all things
| (a) | subject to the locomotives and rolling stock provided by the Company being sufficient for the purpose operate between the production site and the stockpile site at Esperance such trains as the Com- pany reasonably requires provided that if the needs of the Company reasonably require the operation of trains between noon on Saturday and midnight on Sunday the Company will reimburse the State for any additional wages which are payable as a consequence; |
| (b) | maintain the railway from Widgiemooltha to Esperance; |
| (c) | maintain the locomotives and rolling stock provided by the Company. |
22. Unless the parties agree otherwise all salt shall be carried at the risk of the Company and subject to the by-laws made under the Government Railways Act, 1904.
23. If the company so requires the State will from a date to be agreed after the 1st day of July, 1969, provide such diesel locomotives to enable salt to be hauled in the Company's wagons between the production site and the stockpile site at Esperance as the Company's traffic requires but provided that the State shall not be required to provide during any one week locomotion to Esperance for more than three thousand (3,000) tons of salt nor to provide any such locomotives after the 30th day of June, 1971.
24. The parties hereto may, subject to sufficient tonnages being offered, negotiate a freight rate for other bulk materi- als which the Company may be desirous of transporting over the up-graded railway line.
| 25. (1) Notwithstanding anything herein contained it is hereby agreed by and between the parties hereto in order to provide for the equitable performance of this contact that in the event of the price of salt (as hereinafter defined) on the 14th, 21st, 28th, 35th, 42nd, 49th or 56th anniversaries of the commencement date exceeding the price of salt on the seventh (7th) anniversary of the commencement date, then the percentage by which the price of salt on the rele- vant anniversary exceeds the price of salt on the seventh (7th) anniversary of the commencement date shall be calcu- lated and the several amounts mentioned herein and payable by the Company to the State as | Escalation. |
| (a) | rental under paragraph (b) of subclause (1) of Clause 5: |
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
| (b) | rental under Clauses 8 and 9 and subclause (1) of clause 12; |
| (c) | royalty under subclause (1) of Clause 20; |
shall be increased by the percentage so calculated and such increased amounts in respect of those items shall be payable by the Company to the State during the seven (7) years next following the relevant anniversary.
(2) For the purposes of this Clause the price of salt on the seventh (7th) anniversary of the commencement date and on each of the aforesaid anniversaries means the average price of salt consigned from Esperance during the previous year payable by the purchaser or purchasers thereof to the Company less all export duties taxes and fees payable to the Commonwealth on the export of salt and the costs and expenses properly incurred and payable by the Company in respect of that sale from the time it is so con- signed to the time it is delivered to and accepted by the purchaser or purchasers including
(a) ocean freight;
(b) marine insurance;
| (c) | port and handling charges at the port of discharge; |
| (d) | all costs properly incurred in delivering the salt from the port of discharge to the purchaser as evidenced by relevant invoices; |
| (e) | all weighing, sampling, analysis, inspection and rep- resentation costs; |
| (f) | all shipping agency charges after shipment; and |
| (g) | all import taxes imposed or levied by the country or the port of discharge. |
(3) Throughout the continuance of this Agreement the Company shall use its best endeavours to obtain for the salt mined at the production site the best price possible having regard to market conditions from time to time prevailing.
| Housing | 26. (1) Subject to the provisions of this Clause the State will on the written application made from time to time by the Company for land for housing or employee amenity pur- poses grant to the Company in such locality as land is avail- able therefor leases of such vacant lots as the Company requests on the following terms and conditions, namely: |
| (a) | for a term of five (5) years commencing from a day to be agreed upon by the parties hereto; |
| (b) | at a rental sufficient to reimburse a reasonable pro- portion of the costs (if any) incurred by the State in the preparation of the land for subdivision; |
| 1969. | J | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
| (c) | that the Company will within eighteen (18) months of the commencement of the term of each lease granted for housing purposes complete on the land the subject of that lease the erection of a building for the accommodation of a family or single persons at a cost of not less than ten thousand dollars ($10,000) or such other figure as the Minister may approve; |
| (d) | that on the expiration of the term of the lease and subject to the due and punctual observance and performance by the company of all the covenants agreements and conditions on its part therein con- tained, on the request of the Company the State will grant to it an estate in fee simple in the land the subject of the lease at a price not exceeding two hundred dollars ($200) plus Crown Grant and survey fees; |
| (e) | that the Company will not sell transfer assign sub- let or mortgage charge or encumber any lease with- |
out the consent of the Minister first had and
obtained PROVIDED THAT the consent of the Min- ister shall not be required to the transfer assign- ment or sub-lease to an employee of the Company of a lot leased for housing purposes, nor to any mortgage of such a lot, in respect of which the Company has complied with paragraph (c) of this Clause;
| (f) | that the Company will pay to the relevant local authority or any other authority of the said State which will be responsible for providing services to houses on the leased lots (when requested by the authority so to do) such amount as the authority reasonably requires at the time of the grant of the lease to enable it to supply or make available the usual services; |
| (g) | otherwise on such terms and conditions as are reasonably required to give effect to the provisions and objects of this Agreement. |
(2) The State shall not be required to lease to the Company pursuant to this Clause more than fifty (50) lots. The request for each lot shall be made by the Company at least six (6) months before the Company requires the lease of that lot to be granted to it. In the event of the Minister consenting under the provisions of paragraph (e) of sub- clause (1) of this Clause to a transfer assignment or sub- letting of the lot the State shall not be required to lease another lot in lieu of the lot so transferred assigned or sub-let.
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
Temporary
| Housing. | 27. Notwithstanding the provisions of any Act by-law or regulation the Company shall be entitled to erect and maintain such temporary housing as it requires within the area of the production site lease provided that the same shall conform to any reasonable requirement of the local authority as to health and sanitation and provided any such temporary housing shall be removed before the 30th day of June, 1972. |
| Eights of | |
| Ingress and | 28. The State shall from time to time on the written appli- |
| Egress. | cation of the Company grant to the Company a license or licenses over Crown lands to permit the Company by its servants agents contractors invitees and customers the right of ingress and egress from all or any one or more part or parts of the production site on such terms and conditions as shall be reasonable having regard to the requirements of the Company in respect of the construction maintenance operation and inspection of the improvements from time to time constructed or installed on the production site and to the overall development and use by others of those Crown lands. |
| Export | |
| License. | 29. If at any time or times under Commonwealth law an export license is required by the Company for the export of salt then on written request by the Company the State shall make representation to the Government of the Com- monwealth of Australia for the grant to the Company of a license or licenses under Commonwealth law for the export of salt in such quantities and at such rate or rates as shall be reasonable having regard to the tonnage of salt being produced by the Company at such time or times as a license is so required and to all contracts made or likely to be made by the Company for the export or supply of salt. |
| Limitation | |
| of Liability. | 30. Where the Company from time to time constructs a levee or other works on the production site for or incidental to the production and transport of salt and thereafter a third party makes improvements to lands or becomes the owner of improvements so made on lands adjacent to the produc- tion site and subsequent to those improvements being made the Company removes (either wholly or partly) or fails to maintain or to repair that levee or other works and in consequence thereof the third party suffers sustains or incurs damage to those improvements or any part thereof then notwithstanding any Act or any rule or law or equity to the contrary, the Company shall not be liable for those damages to any person or persons whatsoever. |
| Liability for | |
| road use. | 31. For the purposes of determining whether and the extent to which |
| (a) |
the Company is liable to any person (other than or-
| 1969.] | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
(b) an action is maintainable by any such person;
in respect of the death or injury of any person or damage to any property arising out of the use of any roads constructed or maintained by the Company and for no other purpose the Company shall be deemed to be a muni- cipality and the said roads shall be deemed to be streets under the care control and management of the Company and for the purposes of this paragraph the terms "municipality" "street" and "care control and manage- ment" shall have the meanings which they respectively have in the Local Government Act, 1960.
Ilse of
| 32. (1) The spurline referred to in Clause 6 hereof and | facilities |
| the loading facilities referred to in Clause 7 hereof are | by third |
| being established primarily for the mining and export of | parties. |
| salt but it may be desired from time to time for the State or others to make use of those facilities and in this event such use shall not be withheld providing that it will not unreasonably prejudice the Company's operations or be unreasonably contrary to the business interests of the Company and providing that arrangements therefor can be made which will result in a reasonable return to the Company for such use having regard to the cost to the Company of establishing and maintaining the facilities concerned. | |
| (2) In the event of a third party and the Company failing to agree on terms for the use of any such facilities as are mentioned in subclause (1) of this Clause the dispute shall be determined by the Minister and in the event of any dispute between the State and the Company as to the former's proposed use of any such facilities the dispute shall be referred to arbitration in accordance with the provisions of this Agreement. |
Nothing in this clause shall be taken to permit any unreasonable interference with the use of the aforesaid loading facilities by Co-operative Bulk Handling Ltd. where such use is in accordance with any relevant Agreement made between that organisation and the Company.
(3)
33. The parties hereto covenant and agree with each Default.
other as follows:
| (a) | that in any of the following events namely if the Company fails in any year after the 30th day of June, 1976, to ship at least five hundred thousand (500,000) tons of salt and furthermore the average of the tonnage shipped in that year and in the previous three (3) years is less than five hundred thousand (500,000) tons a year or if the Company makes default in the due and punctual performance of any of the covenants agreements or obligations to the State herein or in any lease |
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
sublease easement license or other right or title granted under this Agreement on its part to be performed or observed and shall fail to remedy that default within reasonable time after notice speci- fying the default is given by the State to the Company and also to any Mortgagee approved pursuant to Clause 37 hereof if it has a registered office in Perth (or if the alleged default is contested by the Company and promptly submitted to arbitration within a reasonable time fixed by the Arbitration Award where the question is decided against the Company the arbitrator finding that
there was a bona fide dispute and that the Company
had not been dilatory in pursuing the arbitration) or if the Company abandons or repudiates its oper- ations under this Agreement or if the Company without having assigned or disposed of the rights and obligations of the Company and/or having appointed any other Company or person to exercise its powers functions and authorities hereunder pursuant to the provisions of Clause 37 hereof goes into liquidation (other than a voluntary liquidation for the purpose of reconstruction) then and in any of such events the State may by notice given to the Company determine this Agreement and the rights of the Company hereunder and under any lease license easement or right granted or demised here- under or pursuant hereto PROVIDED HOWEVER that if the Company fails to remedy any default after notice is given to the Company specifying the default or within the time fixed by the Arbitration Award as aforesaid the State instead of determining this Agreement as aforesaid because of such default may itself remedy such default or cause the same to be remedied (for which purpose the State by its agents, workmen or otherwise shall have full power to enter upon lands occupied by the Company and to make use of all plant, machinery, equipment and installation thereon) and the costs and expenses incurred by the State remedying or causing to be remedied such default shall be a debt payable by the Company to the State on demand made by the State;
Effect of
| Determina- | (b) that on the cessation expiration or determination |
| tion of |
| Agreement. | of this Agreement: |
(i) except as otherwise agreed by the Minister the rights of the Company to in or under this Agreement and the rights of the Company or any assignee of the Company or any mortgagee to in or under any lease license easement or right granted or demised hereunder or pursuant hereto shall
| 1969. | ] | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
thereupon cease and determine but without prejudice to the liability of either of the parties hereto in respect of any antecedent breach or default under this Agreement AND the Company shall without further consideration but otherwise at the request and cost of the State transfer or surrender to the State or the Crown all land the subject of any lease license easement or right granted or demised hereunder or pursuant hereto AND the Company hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Company to execute the transfer or surrenders aforesaid;
(ii) the Company shall forthwith pay to the State all moneys which may then have become payable or accrued due;
(iii) save as aforesaid and as provided in para- graph (c) of this clause neither of the parties hereto shall have any claim against the other with respect to any matter or thing in or arising out of this Agreement.
| (c) | that on the cessation expiration or determination of any lease license easement or right granted or demised hereunder or pursuant hereto by the State to the Company or (except as otherwise agreed by the Minister) to an assignee of the Company under Clause 37 hereof the improvements and things constructed on the relevant land other than mach- inery equipment and removable buildings shall remain or become the absolute property of the Crown without compensation and freed and discharged from all mortgages and encumbrances and the Company will do such things and execute such documents (including surrenders) as the State may reasonably require to give effect to this pro- vision AND the Company hereby irrevocably constitutes and appoints the Minister or such person as he may from time to time nominate the true and lawful attorney of the Company to do those things and to execute those documents (including surrenders). In the event of the Company immediately prior to such cessation, expiration or determination or subsequent thereto deciding to remove its machinery equipment and removable buildings or ary of them the Company shall not do so without first notifying the State in writing of its decision and thereby granting to the State the right or option exercisable within |
| No. 23J | Lake Lefroy Salt Industry | [1969. |
Agreement.
three (3) months thereafter to purchase at valu- ation in situ the said machinery equipment and removable buildings or any of them.
Such valuation will be mutually agreed or in default of agreement shall be made by such competent valuer as the parties hereto may appoint or failing agreement as to such appointment then by two competent valuers one to be appointed by each party or by an umpire appointed by such valuers should they fail to agree;
| (d) | the provisions of this clause shall not apply to any land which at or prior to the date of cessation, expiration or termination of this Agreement had been the subject of a lease granted to the Company pursuant to Clause 26 and which at that date is held for an estate in fee simple by any person, or is held for an estate in leasehold by any person other than the Company, or is held for an estate in leasehold by the Company and in respect of which the Company has effected improvements in accord- ance with the requirements of paragraph (c) of subclause (1) of Clause 26 hereof and has not failed to observe any obligation on its part under the lease. |
34. Any hospital police or educational facilities including staff accommodation which appear to be reasonably neces- sary to meet the needs of employees of the Company or contractors engaged by the Company and their families shall be supplied by the State subject to the Company bearing and paying the capital cost thereof.
Salt for
| use in | 35. The Company acknowledges the desire of the State to | ||
| Australia. | have available a constant and reliable source of supply of salt for use in Australia. To attain this object the Company, subject to the fulfilment of its overseas contracts, will use its best endeavours to have such quantities of salt avail- able at all times during the currency of this Agreement for sale for use in Australia as will meet reasonable demands therefor made on the Company from time to time at a price which is competitive in the Australian market pro- vided that such price is not less than that which the Com- pany is receiving or able to receive for similar quantities of salt sold on similar terms and conditions for use out- side Australia. | ||
| Restrictions | |||
| on |
| ||
| Resumption. | the State |
| (a) | having regard to the particular nature of the industry proposed to be established by the Com- pany under this Agreement and subject to the per- formance by the Company of its obligations here- |
| 1969.] | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
under shall not resume or suffer or permit to be resumed by any State instrumentality or by any local or other authority of the said State any portion of the production site the resumption of which would unreasonably impede the Company's activities nor shall the State create grant or permit or suffer to be created or granted by an instrumentality or authority of the said State as aforesaid any road right of way or easement of any nature or kind whatsoever over or in respect of the production site which may unduly prejudice or interfere with the Company's operations hereunder (without the con- sent in writing of the Company first having been obtained which consent shall not be arbitrarily or unreasonably withheld);
No discrim-
| (b) | except as provided in this Agreement shall not | inatory taxes |
| impose or permit or authorise any of its agencies | or charges. | |
| or instrumentalities or any local or other authority of the said State to impose discriminatory taxes rates or charges of any nature whatsoever on or in respect of the titles property or other assets products materials or services used or produced by or through the operations of the Company in the conduct of the Company's business hereunder nor shall the State take or permit to be taken by any such agency instrumentality or authority any other discriminatory action which would deprive the Company of full enjoyment of the rights granted and intended to be granted under this Agreement; | ||
| Up-grading | ||
| (c) | shall at the request and cost of the Company | of roads. |
| (except where and to the extent that the Com- missioner of Main Roads agrees to bear the whole or part of the cost involved) widen up-grade or realign any public road over which the State has control subject to the prior approval of the said Commissioner to the proposed work; | ||
| (d) | shall ensure that notwithstanding the provisions | Rating. |
| of any Act or anything done or purported to be done tinder any Act the valuation of all lands (whether of a freehold or leasehold nature) the subject of this Agreement (except as to any part upon which a permanent residence shall be erected or which is occupied in connection therewith) shall for rating purposes be deemed to be on the unimproved value thereof and no such lands shall be subject to any discriminatory rate; |
| (e) | Agreement and subject to compliance with its Conditions. |
shall ensure that during the currency of this Labour required to comply with the labour conditions im- posed by or under any Act in regard to any lease of any land within the production site.
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
Assignment. 37. (1) Subject to the provisions of this Clause and of
paragraph (e) of subclause (1) of Clause 26 hereof the Company may at any time with the prior written consent of the Minister
| (a) | assign mortgage charge sublet or dispose of to any company or person the whole or any part of the rights of the Company hereunder (including its rights to or as the holder of any lease license easement grant or other title) and of the obligations of the Company hereunder; and |
| (b) | appoint any other company or person to exercise all or any of the powers functions and authorities which are or may be conferred on the Company hereunder; |
subject however to the assignee or the appointee executing in favour of the State a deed of covenant in a form to be approved by the Minister to comply with observe and perform the provisions hereof on the part of the Company to be complied with observed or performed in regard to the matter or matters so assigned or the subject of the appointment.
(2) Notwithstanding anything contained in or anything done under or pursuant to subclause (1) of this clause the Company unless the Minister otherwise agrees shall at all times during the currency of this Agreement be and remain liable for the due and punctual performance and observance of all the covenants and agreements on its part contained herein and in any lease license easement grant or other title the subject of an assignment under the said subclause (1).
Arbitration. 38. Any dispute or difference between the parties arising
out of or in connection with this Agreement or any agreed amendment or variation thereof or agreed addition thereto or as to the construction of this Agreement or any such amendment variation or addition as to the rights duties or liabilities of either party hereunder or as to any matter to be agreed upon between the parties under this Agree- ment shall in default of agreement between the parties and in the absence of any provision in this Agreement to the contrary be referred to and settled by arbitration under the provisions of the Arbitration Act, 1895.
Variation. 39. The parties hereto may from time to time by mutual
agreement in writing add to, vary or cancel all or any of the provisions of the Agreement or any lease license easement or right granted or demised hereunder or pursuant hereto for the purpose of more efficiently or satisfactorily implementing or facilitating any of the objects of this Agreement.
| 1969.] | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
40. This Agreement shall be deemed to be made subject lioariceeure. obligations hereunder and to relief from forfeiture for failure to produce the annual and average tonnages referred to in paragraph (a) of Clause 33 which may be occasioned by or arise from circumstances beyond the power and con- trol of the party responsible for the performance of such obligations including delays or any such temporary suspen- sion or failure as aforesaid caused by or arising from Act of God force majeure floods storms tempests washaways ab- normal tides and waves fire (unless caused by the actual fault of privity of the Company) act of war act of public enemies riots civil commotions strikes lockouts stoppages restraint of labour or other similar acts (whether partial or general) shortages of labour or essential materials reason- able failure to secure contractors delays of contractors and inability (common in the salt export industry) to profitably sell salt or factors due to overall world economic conditions or factors which could not reasonably have been foreseen PROVIDED ALWAYS that the party whose performance of obligations is affected by any of the said causes shall mini- mise the effect of the said causes as soon as possible after their occurrence.
to any delays in the performance of obligations under this
41. (1) If the Company is desirous of a further continu- crinuance
ante of this Agreement (whether in the same or any varied Agreement.
or modified form) and if the parties hereto have not at least
fifteen (15) months prior to the expiration of the second
term of renewal of the lease of the production site (here-
inafter referred to as "the expiration of the second renewal")
agreed upon the terms and conditions in respect of a further
agreement for the production at and shipment of salt from
the production site then the State shall at least fourteen
(14) months prior to the expiration of the second renewal
make the Company such written offer (hereinafter called
"the offer") of the terms and conditions of the further agree-
ment as it deems reasonable and unless the Company has-
(i) within the month next following the receipt of the offer accepted it (either in the form so offered or as modified or varied by negotiation between the parties hereto), or
(ii) within the fourteen (14) days next following the receipt of the offer referred that offer or the part or parts thereof which the Company considers un- reasonable to arbitration as provided in subclause (2) of this Clause;
the State may at the expiration of that month proceed as in
manner set out in subclause (3) of this Clause.
(2) Within the fourteen (14) days next following the
receipt of the offer the Company may elect by notice to the
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
State to refer to arbitration any dispute concerning the reasonableness of the State's offer or any part or parts thereof and will within fourteen (14) days next following such election refer to arbitration that dispute. Unless the Company within the fourteen (14) days next following the receipt by it of the award on arbitration by notice to the State accepts the offer as varied or modified by the award on arbitration the State may proceed as in manner set out in subclause (3) of this Clause.
(3) If the Company has not accepted the offer or the offer as varied or modified by the award on arbitration sub- ject to and in accordance with the provisions set out in subclause (1) or (2) respectively of this Clause then the State may enter into an Agreement for the production and shipment of salt from the sites previously leased to the Company with any other person on terms and conditions more favourable on the whole than the offer made by the State or in the event of the offer having been submitted to arbitration the offer as varied or modified by the award on arbitration provided the State has first offered to the Company the right of first refusal of such terms and condi- tions and such offer is not accepted by the Company within a reasonable time.
| Indemnity. | 42. The Company will indemnify and keep indemnified the State and its servants agents (including all Ministers of the Crown in right of the State of Western Australia) and con- tractors in respect of all actions suits claims demands or costs arising out of or in connection with the construction maintenance or use by the Company or its servants agents contractors or assignees of the Company's salt plant, loading facilities, roads, railways or other works or services the sub- ject of this Agreement or any plant apparatus or equipment associated therewith. |
| Compliance | 43. Subject to this Agreement the Company in the construc- |
| with Laws. | tion operation maintenance and use of any work installation plant machinery equipment service or facility provided or controlled by it shall comply with and observe the laws for the time being in force in the State of Western Australia. |
| Notices. | 44. Any notice consent request or other writing authorised or required by this Agreement to be given shall be deemed to have been duly given by the State or the Minister if signed by the Minister or by any senior officer of the Civil Service of the said State acting by the direction of the Minister and forwarded by pre-paid registered post to the Company or an approved mortgagee or assignee as the case may require at its registered office for the time being in the said State and by the Company if signed on its behalf by any person or persons for the time being appointed by it for the purposes of this Clause and forwarded by pre-paid registered |
| 1969. | ] | Lake Lefroy Salt Industry | [No. 23. |
Agreement.
post to the Minister at his office in Perth AND any such notice consent or writing shall be deemed to have been duly given on the day on which it would be delivered in the ordinary course of post.
| 45. (1) This Agreement shall be interpreted according to | Relevant |
| the law for the time being in force in the said State. | Law. |
| (2) All payments made or to be made under this Agree- ment shall be made in the State of Western Australia in Australian currency unless otherwise agreed. All sums mentioned herein are in Australian currency. | |
| 46. This Agreement shall expire on the expiration or sooner | Expiration |
| determination of the lease of the production site (including | Agreement.of |
| the right of action of either party hereto in respect of anythe respective renewals thereof) but without prejudice to | |
| breach of the covenants agreements and conditions herein contained. |
47. Notwithstanding anything herein contained the Com- Determine-
pany may at any time give notice to the State that matters taLy.
have arisen which make the completion or continuance of
the works impracticable or uneconomic and desires to
determine this Agreement whereupon this Agreement will
then cease and determine and the State may enforce all
or any one or more of its rights remedies or powers set out
in Clause 33 hereof.
| 48. The Company shall have the right at any time and Right of | from time to time to surrender to the Crown in right of Surrender. |
| the State any reasonably substantial part of the production site which is no longer required by the Company. | |
| 49. Notwithstanding any provision hereof the Minister may Power to at the request of the Company from time to time extend Ntia. any period or alter any date referred to in this Agreement for such period or to such other date as the Minister thinks fit and the extended period or other date when advised to the Company by notice from the Minister shall be deemed for all purposes hereof substituted for the period or date so extended or altered. | |
| PROVIDED THAT where any such extension of period or alteration of date would have the effect either directly or indirectly of extending the term of any lease license temporary reserve or other concession granted under the Mining Act the consent of the Minister shall not operate until the Company has also obtained the like consent of the Minister for Mines. |
| No. 23.] | Lake Lefroy Salt Industry | [1969. |
Agreement.
50. The State shall exempt from any stamp duty which but for the operation of the clause would or might be chargeable on
(a) this Agreement;
| (b) | any instrument executed by the State pursuant to this Agreement granting to or in favour of the Company or any permitted assignee of the Company any lease license easement or right granted or demised hereunder or pursuant hereto. |
PROVIDED THAT this clause shall not apply to any instru- ment or other document executed or made more than seven (7) years from the date hereof.
IN WITNESS whereof this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.
SIGNED SEALED AND DE-
| LIVERED by THE HONOUR- | DAVID BRAND |
| ABLE DAVID BRAND, M.L.A., | (L.S.) |
| in the presence of |
C. W. COURT,
Minister for Industrial Development.
ARTHUR GRIII.Y1TH,
Minister for Mines.
The common seal of NORSE-
MAN GOLD MINES NO
| LIABILITY was hereunto af- | (C.S.) |
| fixed by the Authority of the Directors, in the presence of |
M. R. LODGE,
Director.
G. W. RAPHAEL,
Secretary.
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0
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