Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021 (WA)
Western Australia
Western Australia
Western Australia
Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021[
The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
This Act amends the
(1) In section 3 delete the definition of
Agreement .(2) In section 3 insert in alphabetical order:
(a) as varied from time to time in accordance with its terms; and
(b) as varied by the 2020 variation agreement;
After section 4(1) insert:
(1A) The 2020 variation agreement is ratified.
In section 6(2) after “scheduled agreement” insert:
or the 2020 variation agreement
After Schedule 1 insert:
[s. 3]
[Solicitor’s details]
(1) This Agreement, other than this clause, does not come into operation except in accordance with subclause (2).
(2) This Agreement, other than this clause, comes into operation on the day on which it is ratified by an Act of the Parliament of Western Australia ("
Operative Date ") unless, before that day, it terminates under subclauses (4) or (5).(3) The State must introduce in the Parliament of Western Australia before 30 September 2020 or a later date agreed between the parties to this Agreement, a Bill to ratify this Agreement and must endeavour to secure its passage as an Act.
(4) If by 30 June 2021 this Agreement has not been ratified by an Act of the Parliament of Western Australia then, unless the parties to this Agreement otherwise agree, this Agreement terminates on that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.
(5) The parties agree that if the Principal Agreement is otherwise determined in accordance with its provisions on a day prior to the Operative Date, then this Agreement shall also terminate on and from that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.
The Principal Agreement is varied as follows:
(1) in clause 1 by deleting the word "and" after the definition of "SRL spur line Operation Date" and inserting the following definitions after the definition of "this Agreement", "hereof" and "hereunder":
"Variation Agreement" means the variation agreement made on or about 16 September 2020 between the Honourable Mark McGowan, Premier of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, the Company and the Guarantors; and
"Variation Date" means the date on which clause 2 of the Variation Agreement comes into operation;
(2) in clause 11(1) by deleting "31 March 2019" and substituting "31 March 2022";
(3) by inserting after clause 11(5) the following new subclause:
"(6) The provisions of clause 27 shall not apply to this clause.";
(4) in clause 12(6) by deleting “1 October 2019” and inserting “1 October 2022”;
(5) by inserting after clause 19(4) the following new subclause:
"(5) The Company acknowledges that nothing in this Agreement shall be taken to limit the rights of the State to enact general legislation in substitution for or modification of, in whole or in part, the provisions of this Agreement (including clauses 9 and 10) relating to local participation."; and
(6) in clause 28(2) by deleting “The” and substituting “After the Variation Date, the”;
) MARK McGOWAN [Signature]
in the presence of: )
[Signature]
Signature of witness
NADEEN LYN ROBERTS
Name of witness
[Signature] ……………………………………… Signature of director JONATHON TERENCE YOUNG ……………………………………… Full name of director (block letters) | ) ) ) ) ) | [Signature] …………………………………… Signature of director NICHOLAS CURTIS …………………………………… Full name of director (block letters) |
NZBN 9429040945767 in accordance with section 180 of the [Signature] ……………………………………… Signature of director CHRISTOPHER BRIAN HALL ……………………………………… Full name of director (block letters) | ) ) ) ) ) ) ) | [Signature] …………………………………… Signature of director JONATHON TERENCE YOUNG …………………………………… Full name of director (block letters) |
[Signature] ……………………………………… Signature of director MICHAEL JOHN TODD ……………………………………… Full name of director (block letters) | ) ) ) ) ) ) | [Signature] …………………………………… Signature of director HENRY ALEXANDER BRYAN TAIT …………………………………… Full name of director (block letters) |
[Signature] ……………………………………… Signature of director CHRISTOPHER BRIAN HALL ……………………………………… Full name of director (block letters) | ) ) ) ) ) | [Signature] …………………………………… Signature of director JONATHON TERENCE YOUNG …………………………………… Full name of director (block letters) |
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