Northern Developments Pty. Limited Agreement Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

NORTHERN DEVELOPMENTS PTY. LIMITED AGREEMENT.

No. 49 of 1978.

AN ACT to amend the Northern Developments Pty.

Limited Agreement Act, 1969.

[Assented to 29th August, 1978.]

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:—

1. (1) This Act may be cited as the Northern Short title and

Developments Pty. Limited Agreement Act citation.

Amendment Act, 1978.

(2) In this Act the Northern Developments Pty. Act No. 41 of /969 as

Limited Agreement Act, 1969 is referred to as the amended	by Act No.
principal Act.	97 of /969.

(3)

The principal Act as amended by this Act may

be cited as the Northern Developments Pty. Limited

Agreement Act, 1969-1978.

No. 49.] Northern Developments Pty. [1978.

Limited Agreement.

Amendment

to s.2	2. Section 2 of the principal Act is amended
(Interpre-

tation).	(a)	by inserting immediately before the word "Schedule", in line three, the word "First"; and
(b)	by adding after the word "Act" being the last word in the section a passage as follows

"the second variation agreement" means the agreement a copy of which is set forth in the Third Schedule to this Act" .

Section 3B

added.	3. The principal Act is amended by adding after section 3A a section as follows-
Second

variation	3B. The second variation agreement is ap-
agreement

approved.	proved. .
Third

Schedule 4. The principal Act is amended by adding at the

added. end thereof, the following Schedule

THIRD SCHEDULE S.2.

THIS AGREEMENT made this 3rd day of May, 1978 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 said State and its instrumentalities from time to time (hereinafter called "the State") of the one part and NORTHERN DEVE- LOPMENTS PTY. LIMITED a company duly incorporated in the State of New South Wales and having its registered office in the State of Western Australia at 160 Stirling Highway, Claremont (hereinafter called "the Company" which expression where the context permits shall include its successors and permitted assigns) of the other part.

WHEREAS:

(a)	The parties are the parties to the agreement between them defined in section 2 of the Northern Developments Pty. Limited Agreement Act, 1969 (which agreement is hereinafter referred to as "the principal agreement").
(b)	The parties desire to amend the principal agree- ment.

1978. ] Northern Developments Pty. [No. 49.

Limited Agreement.

NOW THIS AGREEMENT WITNESSETH

1. The principal agreement is hereby varied as follows

(1) Clause 1 is amended as to subclause (2) by substitut-

ing for the definition of "parcel" the following

definition

"parcel" means an area of land, to be approved by the Minister, comprised within the subject land and which includes not more than 10 000 acres of irrigable land;

(2) Clause 7 is amended as to paragraph (a) of subclause (2) by inserting before the word "within" in line one, the passage "unless the Minister otherwise determines,";

(3) Clause 18 is amended as to subclause (1)-

(a)	by deleting the word "and" at the end of paragraph (i);
(b)	by substituting for paragraph (ii) the following paragraph

(ii) at such price per acre as the Minister determines for the second parcel but not exceeding TEN DOLLARS ($10) per acre for the first 5,000 acres and not exceeding TWENTY DOLLARS ($20) per acre for the balance of the land comprised in that parcel; and;

and

(c) by adding after paragraph (ii) the following paragraph as paragraph

at such price per acre as the Minister determines for the remaining parcels but not exceeding TWENTY DOLLARS ($20) per acre and subject to the provisions of the next succeeding subclause.

(4) By adding after Clause 18 the following clause as

Clause 18A-

18A (1) Notwithstanding anything contained in the Agreement, the land shaded blue on the plan marked "C" (initialled by or on behalf of the parties hereto for the purposes of identification), shall for the purposes of the Agreement be deemed to be "the first parcel" and the Company shall be deemed to have observed performed and complied with all the terms and conditions on its part contained in the Agreement in respect of that parcel.

No. 49.] Northern Developments Pty. [1978.

Limited Agreement.

(2) The Company shall on written application to the Minister not later than 31st December, 1978, or such further time as the Minister may approve, and on payment of the costs of survey and of the purchase price calculated in accordance with the provisions of Clause 18 (1) (i) of the Agreement and of the sum of ONE THOUSAND, ONE HUNDRED DOLLARS ($1 100) in lieu of license fees, be entitled to a Crown Grant in respect of such land and, subject to this Clause, in accordance with the provisions of Clause 18 (1) of the Agreement.

IN WITNESS WHEREOF this Agreement has been executed the day and year first hereinbef ore written.

Signed by the said the Honourable

Sir Charles Walter Michael Court,

O.B.E., M.L.A. in the presence	CHARLES COURT
of

JUNE CRAIG

Minister for Lands

The Common Seal of Northern

Developments Pty. Limited was

hereunto affixed in the presence	(C.S.)
of

JACK M. FLETCHER

Director

DEREK R. FICKLING

Secretary