Western Port (Steel Works) Act 1970 (Vic)
Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
TABLE OF PROVISIONS
Section Page
1.Short title and commencement
2.Definition
3.Ratification of Agreement
4.Grant of lease easement licence or other authority
4A.Variation of Agreement
5.Amendment of Marine Act 1958
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THE SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
An Act to ratify approve and otherwise give effect to an Agreement between the Premier for and on behalf of the State of Victoria and John Lysaght (Australia) Limited with respect to the Establishment in Western Port of Steel Works for the Production of Iron and Steel and other Products, to authorize the Construction of certain Port Facilities, to make Provision with respect to the Reclamation of certain Land and for other purposes.
Preamble
WHEREAS John Lysaght (Australia) Limited a Company incorporated in the State of New South Wales and registered as a foreign company in the State of Victoria desires to establish an integrated steel works on certain lands at Western Port:
AND WHEREAS the operation of the steel works requires the establishment of adequate port facilities in Western Port:
AND WHEREAS an Agreement to facilitate the establishment of the steel works and port facilities has been entered into between the Premier of the State of Victoria and John Lysaght (Australia) Limited:
AND WHEREAS the Agreement is expressed to be subject to ratification by the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify validate approve and otherwise give effect to the Agreement and to make other provisions as hereinafter provided:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title and commencement
(1)This Act may be cited as the Western Port (Steel Works) Act 1970.
(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
2.Definition
(1)In this Act unless inconsistent with the context or subject-matter—
(a)"the Agreement" means the Agreement a copy of which is set out in the Schedule and includes the Agreement as varied from time to time; and
(b)expressions used in this Act have the meanings respectively assigned to them in the Agreement.
(2)This Act shall bind the Crown.
3.Ratification of Agreement
(1)The Agreement is hereby ratified validated approved and given effect.
(2)The following provisions of this sub-section shall be read as in aid of and not in derogation from the provisions of sub-section (1)—
(a)the Premier and Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by the Agreement;
(b)the Agreement shall take effect notwithstanding anything in any other Act or in any proclamation regulation Order in Council by-law lease licence authority permit or agreement under any other Act and every Act proclamation regulation Order in Council by-law lease licence authority permit or agreement shall by virtue of this Act be deemed to be modified to the extent necessary to give full force and effect to the Agreement but not further or otherwise and shall be read and construed and take effect accordingly;
(c)the provisions of the Agreement relating to the revocation of part of the temporary reservation of land for public purposes referred to in paragraph (j) of sub-clause (1) of clause 5 of the Agreement shall by force of this Act and without further authority take effect.
4.Grant of lease easement licence or other authority
Notwithstanding anything to the contrary in any other Act lease licence proclamation reservation declaration or dedication of or with respect to any unalienated land of the Crown the Governor in Council may upon such conditions as he thinks fit grant to the Company any lease easement licence or other authority necessary or expedient to enable the Company to develop the Reclamation Area or any land owned by the Company in the vicinity of the Reclamation Area.
4A.Variation of Agreement
(1)The Agreement may be varied by agreement between the Premier of Victoria and the Company with the approval of the Governor in Council by Order in Council containing particulars of the variation published in the Government Gazette.
(2)Unless and until each House of Parliament passes a resolution in accordance with sub-section (6) disallowing an Order in Council varying the Agreement, the provisions of the agreement making the variation shall have the force of law on and after the date on which the order was published in the Government Gazette as though the provisions of the agreement were expressly enacted in this Act.
(3)An Order in Council made under sub-section (1) must, on publication in the Government Gazette, be judicially noticed and that publication is conclusive evidence of the variation to the Agreement set out in the Order.
(4)A copy of each Order in Council made under sub-section (1) must be laid before both Houses of Parliament on or before the sixth sitting day after the publication of the Order in the Government Gazette.
(5)An Order in Council made under sub-section (1) is disallowed if each House of Parliament passes a resolution in accordance with sub-section (6).
(6)A resolution to disallow an Order in Council made under sub-section (1) is passed in accordance with this sub-section if—
(a)notice of the resolution is given in each House of the Parliament on or before the 18th day on which that House sits after the Order in Council is laid before that House; and
(b)the resolution is passed on or before the 12th day on which that House sits after the notice of resolution has been given in that House.
(7)The power of each House to pass a resolution disallowing an Order in Council under this section is not affected by the prorogation or dissolution of the Parliament or of either House of the Parliament or of either House of the Parliament and, if there is such a prorogation or dissolution, the calculation of days on which a House has sat must be made as if there had been no such prorogation or dissolution.
(8)Notice of a resolution to disallow an Order in Council may be expressed to apply to all or any part of the particulars of the variation contained in the Order in Council and a resolution to disallow all or any part of those particulars shall take effect according to its tenor.
(9)If a resolution is passed disallowing part only of the particulars of the variation contained in an Order in Council, the particulars not disallowed shall be of no effect unless and until each of the Premier of Victoria and the Company gives notice to the other expressing an intention to be bound by the particulars not disallowed, or by part of those particulars, and, if notice is so given, the particulars, or part of the particulars, take effect accordingly.
(10)If an Order in Council is disallowed by Parliament in accordance with sub-section (6), the disallowance has the like effect to the repeal of an enactment.
(11)This section is in addition to and not in derogation from the power conferred by the Agreement for the Premier of Victoria and the Company to enter agreements and arrangements for better giving effect to the provisions of the Agreement.
5.Amendment of Marine Act 1958
In section 7 of the Marine Act 1958 for the words "all public wharfs" there shall be substituted the words "all public and private wharfs".
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THE SCHEDULE
THIS AGREEMENT is made the 19th day of December One Thousand Nine Hundred and Sixty-nine BETWEEN The Honourable Sir HENRY EDWARD BOLTE in his capacity as the Premier for the time being of the State of Victoria and for and on behalf of the said State of the one part and JOHN LYSAGHT (AUSTRALIA) LIMITED a Company incorporated under the Companies Act of the State of New South Wales, the registered office of which in the State of Victoria is situate at 70 Clarendon Street, South Melbourne (hereinafter called "the Company") of the other part.
WHEREAS:
I.The Company desires to establish on the western shore of Western Port a plant for the production of steel products and to be able to expand the size and scope of operations at the Plant Site to include integrated steel works for the production of iron and steel and other products.
II.The State, for the purpose of furthering and promoting industrial development within the State and of encouraging the decentralization of industry within the State, desires to facilitate the establishment of the Plant.
III.To accomplish the respective desires of the parties to this Agreement, it is necessary that certain grants rights and powers essential to the establishment and operation of the Plant be made and conferred on the Company.
IV.The parties have entered into this Agreement to make and confer the said grants rights and powers and to provide for other matters.
NOW IT IS HEREBY AGREED as follows:
PART I—PRELIMINARY
1.This Agreement shall be of no force or effect unless it is ratified validated approved and otherwise given effect by an Act of the Parliament of Victoria on or before 31st March, 1970, or such later date as is agreed between the parties to this Agreement.
2.In this Agreement unless inconsistent with the context or subject-matter—
"Associated Companies" means subsidiary companies of the Company, The Broken Hill Proprietary Company Limited and its subsidiary companies and Guest, Keen and Nettlefolds Limited and its subsidiary companies;
"the Act" means the Act of the Parliament of Victoria ratifying validating approving and otherwise giving effect to this Agreement;
"Chief Engineer" means the Chief Engineer of Ports and Harbors for the State of Victoria, or a person authorized by him in writing to act for him either generally or in relation to any particular matter under this Agreement;
"clause" means clause of this Agreement;
"commencing date" means the date on which the Act comes into operation;
"commissioning date" means the date on which goods or materials in respect of which charges would be payable under clause 6 are first received or dispatched over a wharf;
"Company" means John Lysaght (Australia) Limited;
"foreshore" means so much of the land temporarily reserved for public purposes by Orders in Council dated 12th July, 1937 and 14th August, 1963 and published in the Government Gazette on 21st July, 1937 and 21st August, 1963 respectively as is within the Reclamation Area;
"Minister" means the Minister of Public Works;
"the Plant" means the facilities constructed or to be constructed in accordance with the provisions of this Agreement on the Plant Site and all additions and alterations to those facilities;
"Plant Site" means—
(a)lands within the area described in the First Schedule to this Agreement which at the date of this Agreement are owned by the Company or by a subsidiary of the Company;
(b)any other lands owned by the Company or by a subsidiary of the Company being lands within that area or not further than half a mile from the nearest boundary of that area which the Company acquires after the date of this Agreement and which the Company has by notice in writing to the Minister declared to be part of the Plant Site; and
(c)the Reclamation Area;
"Reclamation Area" means the area described in the Second Schedule to this Agreement;
"the State" means the State of Victoria;
"wharf" means—
(a)except in clause 7 of this Agreement, a wharf jetty landing place or berth constructed or to be constructed by the Company under this Agreement and additions or alterations to it and a wharf jetty landing place or berth acquired by the company under clause 7; and
(b)in clause 7 of this Agreement, a wharf jetty landing place or berth constructed by the State under that clause.
3.The headings do not affect the interpretation of this Agreement.
PART II—OBLIGATIONS OF THE COMPANY
4.The Company covenants that it will—
(a)complete as soon as possible and in any event not later than 31st December, 1973 the construction of a part of the Plant comprising a cold reduction mill and associated facilities for the production of galvanized and uncoated steel sheet and coil in a variety of qualities and sizes and having a planned initial capacity of not less than 500,000 tons per year;
(b)complete the construction of a part of the Plant comprising a hot strip mill not later than 31st December, 1980, or such other date as is agreed between the parties to this Agreement;
(c)in connexion with the construction maintenance operation and use of the Plant reclaim or complete the reclamation of the Reclamation Area at its own cost and in a manner approved by the Minister and in accordance with plans and specifications approved by him and also in accordance with the law relating to the control of pollution and the preservation of marine life for the time being in force;
(d)construct operate and maintain the Plant in accordance with good industry practices, standards and specifications and in accordance with the law for the time being in force;
(e)maintain the wharves in accordance with good industry practices standards and specifications and in accordance with the law for the time being in force to the satisfaction of the Chief Engineer; and
(f)pay to the State the amounts required to be paid under this Agreement.
PART III—OBLIGATIONS OF THE STATE
5.(1) The Premier on behalf of the State covenants that the State will—
(a)by virtue of the Act (and without the necessity for any other authority approval permit licence or consent other than any authority approval permit licence or consent required under the Town and Country Planning Act 1961 or the Local Government Act 1958 in connexion with the construction operation or maintenance of a building or structure) authorize—
(i)the performance by the Company of the covenants contained in paragraphs (a) (b) and (c) of clause 4; and
(ii)the Company to own and, subject to the Port Rules for the time being applicable to Western Port, manage maintain and control the wharves together with all loading shipping and handling facilities and equipment on the wharves and to have exclusive right to the wharves subject to the right of the Chief Engineer to enter on and inspect the wharves and loading shipping and handling facilities and equipment on the wharves;
(b)authorize the Company at the cost of the Company to construct or extend a wharf or wharves the aggregate length of which does not exceed—
(i)3,000 feet before the commencement of the construction of a hot strip mill; or
(ii)4,000 feet after the commencement of the construction of a hot strip mill—
subject to and in accordance with plans and specifications approved by the Minister and at such place or places within and along the eastern boundary of the Plant Site and within a distance of 4,000 feet from the south eastern corner of the Plant Site as is or are determined by the Company after consultation with the Chief Engineer or at such other place or places within and along the eastern boundary of the Plant Site as is or are approved by the Minister;
(c)if the Company has, before the date referred to in clause 12 or before such later date as is determined by the Premier under that clause, commenced the expansion of the Plant constructed pursuant to paragraphs (a) and (b) of clause 4 by commencing the construction and establishment of a fully integrated steel works for the production of steel—authorize the Company at the cost of the Company to construct or extend subject to and in accordance with plans and specifications approved by the Minister a wharf or wharves at such place or places within and along the eastern boundary of the Plant Site as is or are determined by the Company after consultation with the Chief Engineer but so that the total length of the wharf or wharves constructed under this paragraph and the last preceding paragraph shall not exceed 10,500 feet;
(d)upon reasonable notice being given to the Minister by the Company, forthwith take steps to carry out at the cost of the State within such time as is agreed between the parties to this Agreement such dredging as will provide such approach channels and berthing and turning areas as are from time to time reasonably required by the Company in connexion with its wharves and operations on the Plant Site;
(e)maintain such approach channels and berthing and turning areas as are provided under the last preceding paragraph, to the depths to which they were dredged providing that the State shall not be responsible for removing spillage from vessels using the Company's wharves or for removing other deposits caused by the operations of the Company on the Plant Site;
(f)instal and maintain adequate navigation aids for day and night navigation;
(g)facilitate through the State Rivers and Water Supply Commission and ensure the provision to the Company at such points on the boundary of the Plant Site as are agreed between the Commission and the Company of an adequate supply of water for the purposes of the construction and operation of the Plant;
(h)provide such public roads connecting the Plant Site with the principal roads in the locality as are adequate for the purposes of the construction and commercial operation of the Plant;
(i)permit the Company—
(i)to draw sea-water without charge from the Western Port and subject to any law relating to the discharge of sea-water into Western Port for the time being in force to discharge sea-water into Western Port for or in connexion with its operations on the Plant Site and in connexion with such withdrawal or discharge to instal structures and outlets in accordance with plans and specifications approved by the Minister on such part of the Plant Site as is agreed between the parties to this Agreement; and
(ii)subject to and in accordance with the law for the time being in force to discharge effluent other than sea-water into Western Port;
(j)revoke the temporary reservation of so much of the lands temporarily reserved for public purposes by Orders in Council dated the 12th July, 1937 and 14th August, 1963 and published in the Government Gazettes on 21st July, 1937 and 21st August, 1963 respectively as is within the Reclamation Area;
(k)upon the surrender by the Company to the State of land or lands suitable for reservation as open spaces or for public recreational purposes and having an aggregate area that is not less than the area of the Foreshore, grant the Foreshore to the Company in fee simple:
Provided that—
(i)the grant shall be subject to the right of the State to dispose of material in such part or parts of the Foreshore and in such manner as is agreed between the Chief Engineer and the Company;
(ii)the grant shall contain a covenant by the Company to reclaim the Foreshore in accordance with plans and specifications approved by the Minister but subject to sub-paragraph (i) of this paragraph;
(iii)the grant shall authorize the use of the Foreshore for purposes associated with the steel industry or for such other purposes as are from time to time authorized by the Governor in Council and not otherwise;
(iv)the State shall not be required to grant access to the Foreshore;
(v)the Company shall pay the costs of any survey undertaken in connexion with the grant;
(vi)the requirement to make a contribution to the Assurance Fund established under the Transfer of Land Act 1958 and the fees applicable to Crown grants under the Land Act 1958 shall apply to the grant; and
(vii)the grant shall be subject to such other reasonable covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;
(l)upon the Company being registered as proprietor of the land described in the certificates of title specified in Part I of the Third Schedule close and cause to become unalienated land of the Crown the road lying south of allotment 58 in the Parish of Tyabb;
(m)upon the Company being registered as the proprietor of the land described in the certificates of title specified in Part II of the Third Schedule close and cause to become unalienated land of the Crown the road lying west of allotments 78C and 78D in the Parish of Tyabb;
(n)authorize the Governor in Council to grant not later than two years after the date of this Agreement in fee simple to the Company the Reclamation Area (other than the Foreshore) for the consideration of $700,000 provided that—
(i)the Company shall pay the consideration by ten equal annual instalments, $70,000 being payable on the date of the grant and $70,000 on the anniversary of that date in each of the succeeding nine years;
(ii)the Company shall give the State such security for the payment of the consideration as the State requires;
(iii)the grant shall be subject to the right of the State to dispose of material in such part or parts of the Reclamation Area (other than the Foreshore) and in such manner as is agreed between the Chief Engineer and the Company;
(iv)the grant shall contain a covenant by the Company to reclaim the Reclamation Area (other than the Foreshore) in accordance with plans and specifications approved by the Minister but subject to sub-paragraph (iii) of this paragraph;
(v)the grant shall be subject to a condition that if any part of the Reclamation Area (other than the Foreshore) is not reclaimed to the satisfaction of the Minister within a period of 99 years after the date of this Agreement the grant as to any such part shall be revoked and that part of the Reclamation Area (other than the Foreshore) shall become unalienated land of the Crown and the consideration paid by the Company in respect of that part shall be repayable to the Company;
(vi)the grant shall authorize the use of the Reclamation Area (other than the Foreshore) for purposes associated with the steel industry or for such other purposes as are from time to time authorized by the Governor in Council and not otherwise;
(vii)the State shall not be required to grant access to the Reclamation Area (other than the Foreshore);
(viii)the Company shall pay the costs of any survey undertaken in connexion with the grant;
(ix)the requirement to make a contribution to the Assurance Fund established under the Transfer of Land Act 1958 and the fees applicable to Crown grants under the Land Act 1958 shall apply to the grant; and
(x)the grant shall be subject to such other reasonable covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;
(o)enable the Governor in Council to grant to the Company any title to or any easement right or privilege over any Crown land for any purposes which in his opinion are necessary or expedient to facilitate the operations of the Company;
(p)permit the Company in such areas of Western Port used or to be used for navigation routes as are approved by the Minister to carry out such dredging operations as are approved by the Minister to enable the Company to obtain material as fill for the Reclamation Area;
(q)permit the Company in such manner and to such level as is determined by the Minister to deposit in an area or areas from time to time designated by the Minister after consultation with the Company being such areas as are the closest reasonably available and suitable areas to the Plant Site, 150,000,000 cubic yards of such waste materials as are approved by the Minister and are suitable for the purposes of reclaiming that area or those areas;
(r)assist the Company to obtain to such area or areas as are from time to time made available to the Company under the last preceding paragraph reasonable access by road or rail and any necessary services;
(s)ensure that there shall be provided—
(i)to the boundary of the Plant Site a suitable rail link by which rail facilities constructed by the Company at its cost within its boundaries may be connected to the Victorian Railways network;
(ii)adequate rail motive power and rolling stock and suitable rail services to ensure the satisfactory movement of materials products and equipment to and from the Plant;
(iii)rail transportation services for the conveyance of employés of the Company or its site contractors to and from the Plant—
under such conditions as are agreed between the Victorian Railways Commissioners and the Company;
(t)facilitate through the State Electricity Commission of Victoria and ensure the provision to the Company and to any of the associated companies that are operating on the Plant Site at a point on the boundary of the Plant Site as is agreed between the Commission and the Company of an adequate supply of electricity for construction and operation purposes under such conditions and at such rates as are agreed between the Commission and the Company; and
(u)authorize the Company and its associated companies to generate electricity for the requirements of the Company and its associated companies on the Plant Site and permit the Company and its associated companies to use electricity so generated in parallel with the system operated by the State Electricity Commission on such terms and conditions as are agreed between the Company and the Commission.
(2)Where the Company has given notice to the Minister under paragraph (d) of sub-clause (1) of this clause the Chief Engineer shall before the State enters into a contract for dredging referred to in the notice consult with the Company as to the terms and conditions of the proposed contract.
PART IV—FINANCIAL
6.(1) Subject to the provisions of this clause, the Company shall pay to the State inward and outward wharfage charges on goods and materials received or dispatched over the wharves.
(2)Subject to the provisions of this clause the charges shall be 20 cents per 20 hundredweights of goods or materials received or dispatched over the wharves.
(3)The State may from time to time before the 1st of January, 2000, after consultation with the Company, increase the charges by a percentage of 20 cents that is not greater than the percentage by which charges for general cargo in the port of Melbourne exceed the amount of those charges at the commissioning date.
(4)Where in any year after the commissioning date the aggregate of the amount of the charges paid by the Company under the preceding provisions of this clause and under sub-clause (6) of clause 7 is less than the prescribed amount in respect of that year the Company shall within 14 days after demand is made in writing to the Company by the Secretary for Public Works pay to the State the amount by which the prescribed amount exceeds the amount of those charges.
(5)The prescribed amount in respect of a year is ten and one half per centum of the sum of the amounts paid by the State for or with respect to costs of dredging pursuant to the provisions of paragraph (d) of sub-clause (1) of clause 5 of this Agreement within the period of 20 years immediately preceding the end of that year but in the first year after the commissioning date the prescribed amount shall not exceed $100,000.
(6)On and after the 1st of January, 2000 the charges referred to in sub-clause (1) shall be such charges as are fixed from time to time by the State in accordance with the law for the time being in force relating to the fixing of wharfage charges in Western Port.
(7)Before fixing charges under sub-clause (6) the State shall consult with the Company and shall have regard to comparable charges in comparable ports in Australia.
(8)The Company shall not be liable to pay charges in respect of goods or materials received or dispatched over the wharves in connexion with the construction re-construction or alteration of wharves or the Plant.
(9)If the Company grants to a person other than a Company that is one of the Associated Companies or that is for the purposes of sub-section (5) of section 6 of the Companies Act 1961 deemed to be related to the Company the right to use the wharves the charges referred to in sub-clause (1) payable by that person shall be the wharfage charges generally applicable to Western Port.
(10)In this clause "year" means a period of twelve months commencing on the commissioning date or on an anniversary of the commissioning date.
PART V—GENERAL
7.(1) The Company agrees that it will, subject to sub-clauses (2) and (3) of this clause, upon the request in writing of the Minister made at any time before the date referred to in clause 12 or such later date as is determined by the Premier under that clause—
(a)authorize the State—
(i)to erect a wharf or wharves at any place or places along that part of the eastern boundary of the Reclamation Area that is between the northern end of the eastern boundary and 1,500 feet south of the northern end;
(ii)to reclaim such part or parts of the Reclamation Area in the vicinity of the part of the area referred to in the last preceding sub-paragraph as is or are reasonably required by the State in connexion with the erection or use of any wharf erected by it under that sub-paragraph; and
(iii)to occupy manage and control any wharf erected by it under sub-paragraph (i) of this paragraph and any part of the Reclamation Area which it has reclaimed under the last preceding sub-paragraph; and
(b)facilitate access by the State to such part or parts of the Reclamation Area as is reasonably necessary in connexion with the erection or use of any wharf erected by the State under the last preceding paragraph or of any part of the Reclamation Area reclaimed by the State under the last preceding paragraph.
(2)A wharf erected by the State under sub-clause (1) of this clause shall be erected in accordance with plans and specifications agreed to by the Company and no contract in connexion with the erection of a wharf under sub-clause (1) of this clause shall be entered into by the State without the agreement of the Company.
(3)The Company may, upon giving not less than three years' notice in writing to the Minister, determine the right of the State to occupy manage and control any wharf or any part of the Reclamation Area.
(4)Upon the determination of the right of the State under sub-clause (3) the Company agrees to pay to the State an amount equal to the current cost to the Company of erecting the wharf or wharves and structures and of installing the equipment erected or installed by the State with the approval of the Company pursuant to the provisions of this clause less a fair allowance for depreciation of such wharf or wharves structure or equipment and in addition such amount in respect of dredging carried out by the State in relation to the use of the wharf or wharves as the parties have agreed shall be payable by the Company on the determination of the right of the State as aforesaid.
(5)The Company shall not be required to reclaim the whole or any part of the Reclamation Area in respect of which it has given rights to the State under this clause unless the parties to this Agreement otherwise agree.
(6)Unless the parties to this Agreement otherwise agree the Company shall be entitled to use a wharf or wharves constructed by the State under this clause in connexion with its operations on the Plant Site subject to the payment of such wharfage charges as are from time to time payable in respect of goods and materials received or dispatched over its wharves under clause 6.
(7)Upon ceasing to occupy manage and control a part of the Reclamation Area under this clause the State shall remove any structures or equipment erected or installed in the area by the State not being structures or equipment to which sub-clause (4) of this clause applies.
(8)No charges shall be payable to the Company by the State in respect of any right given to it by the Company under this clause.
8.Without affecting the liability of the parties to each other under this Agreement each party shall have the right to entrust to other persons from time to time the performance of such portion or portions of its obligations and operations authorized under this Agreement as it considers expedient.
9.(1) Except as provided under this clause the Company shall not assign or otherwise deal with this Agreement or any part of this Agreement.
(2)The Company may assign the whole or any part of this Agreement to a company which is one of the Associated Companies or to a corporation which for the purposes of sub-section (5) of section 6 of the Companies Act 1961 is deemed to be related to the Company.
(3)The Company may assign this Agreement or any part of this Agreement otherwise than is provided in sub-clause (2) with the consent in writing of the Premier which consent shall not be unreasonably withheld and subject to such reasonable conditions as the Premier thinks fit.
10.This Agreement is made subject to any delay in the performance of any obligation under this Agreement which is occasioned by or arises from circumstances beyond the power and control of the party responsible for the performance of such obligation, including, but without limiting the generality of the foregoing, delay caused by or arising from act of God, act of war, force majeure, act of public enemies, strikes, lock-outs, stoppages, restraint of labour, whether partial or general, shortage of essential materials, reasonable failure to secure or delays or contractors, riots and civil commotion and a failure by either party to perform its obligations for any such reason shall not be deemed a breach of this Agreement and such obligations shall be performed within a reasonable period following the cessation of the circumstances which so delayed performance.
11.The parties hereto may from time to time enter into agreements or arrangements with each other for better giving effect to the provisions of this Agreement.
12.(1) If the Company fails to expand the plant constructed pursuant to paragraphs (a) and (b) of clause 4 by commencing before the date referred to in sub-clause (2) of this clause the construction and establishment of a fully integrated steel works for the production of steel the Premier may by notice in writing require the Company to surrender a part or parts of the Reclamation Area which is or are in the aggregate not more than one-half of the Reclamation Area (other than the Foreshore) and which have in the aggregate a frontage to Western Port which bears the same proportion to 10,500 feet as the area required to be surrendered bears to the area of the Reclamation Area (other than the Foreshore) for a consideration to be paid by the State of $750 per acre so surrendered and if the State so requires grant to the State reasonable access to the land so surrendered and the Company shall forthwith comply with the requirements.
(2)The date for the purposes of sub-clause (1) of this clause is 31st December, 1985 or where the Premier is satisfied that the Company has taken all reasonable steps to commence the expansion of the Plant as referred to in sub-clause (1) before that date but has not so commenced the expansion, such later date as is determined by the Premier.
13.If the Company—
(a)enters into liquidation (other than a voluntary liquidation for the purpose of reconstruction); or
(b)delays the commencement of the performance of its obligations under this Agreement beyond the period of one year from the commencing date for any cause other than one or more of those specified in clause 10 hereof;
(c)fails to comply with any of its obligations under clause 4 hereof for any cause other than one or more of those specified in clause 10 hereof; or
(d)abandons or repudiates this Agreement—
the Premier may by notice in writing determine this Agreement but such determination shall not affect the enforcement of any right, obligation or liability theretofore accrued or incurred.
14.If there be any difference or dispute between the parties hereto in respect of any matter arising out of or in connexion with this Agreement either party may give notice to the other of the difference or dispute and if the difference or dispute is not settled within one month after service of the notice—
(a)that matter shall be referred to two arbitrators one such arbitrator to be appointed by each party to this Agreement; and
(b)the provisions of the Arbitration Act 1958 (in particular the provision allowing arbitrators to appoint an umpire) shall apply to the reference as if it were a reference by consent under that Act.
15.Any notice consent or other writing authorized or required by this Agreement to be given or sent shall be deemed to have been duly given or sent by the State if signed by the Premier or other Minister of the Crown acting on his behalf and forwarded by prepaid post to the registered office of the Company in the State or to such other office of the Company in Australia as the Company by notice in writing to the Secretary of the Premier's Department from time to time nominates and by the Company if signed by a director or the Secretary of the Company, and forwarded by prepaid post to the Premier and any such notice consent or writing shall be deemed to have been received on the day on which it would be delivered in the ordinary course of post.
16.This Agreement shall be interpreted according to the laws for the time being in force in the State.
IN WITNESS whereof the parties hereto have executed this Agreement the day and year first above written.
Signed sealed and delivered by the said SIR HENRY EDWARD BOLTE in the presence of MURRAY VICTOR PORTER.
Murray Porter
üýþ
Henry Bolte.The Common Seal of John Lysaght (Australia) Limited was hereto affixed in the presence of
E. B. Gosse.
D. R. Ricard.üýþ
E. B. Gosse.
D. R. Ricard.__________________
FIRST SCHEDULE
Commencing at a point in the County of Mornington where the eastern extremity of Bayview Road intersects the Foreshore on the western shore of Western Port thence in a westerly direction along the northern side of Bayview Road to the intersection of Bayview Road and the Frankston-Flinders Road thence in a northerly direction along the eastern side of the Frankston-Flinders Road to the intersection of the Frankston-Flinders Road and Denham Road thence in an easterly direction along the southern side of Denham Road to the intersection of Denham Road and McKirdys Road thence in a northerly direction along the eastern side of McKirdys Road to the intersection of McKirdys Road and the northern boundary of Crown Allotment Number 55A thence in an easterly direction along the northern boundary of Crown Allotment Number 55A to the point of intersection of the northern boundary of Crown Allotment Number 55A and the western boundary of Crown Allotment Number 56 thence in a northerly direction along the western boundary of Crown Allotment Number 56 to the intersection of the western boundary of Crown Allotment Number 56 and the southern side of Pikes Road thence in an easterly direction along the southern side of Pikes Road to the intersection of Pikes Road and Whitney's Road thence in a southerly direction along the western side of Whitney's Road to the intersection of Whitney's Road and the Foreshore on the western shore of Western Port thence in a southerly direction along the western boundary of the Foreshore on the western shore of Western Port to the point of commencement.
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SECOND SCHEDULE
In Western Port, Parish of Tyabb, commencing from a point whose Transverse Mercator Co-ordinates, Zone O are North 975,222 feet, East 1,226,237 feet run North by a line on grid bearing 0° 0¢ for a distance of 910 feet, thence by a line on grid bearing of 37° 0¢ for a distance of 9,590 feet, thence by a line which joins this point to the south-eastern angle of Crown Allotment 58 at Whitney's Road, thence generally south-westerly by following the western boundary of the Public Purposes Reserve adjacent to Allotment 58, Denham Road, Allotment 74, Allotment 75B and Allotment 75D to a point defined by the intersection of the eastern boundary of Allotment 75D with a line to the north of Bayview Road, which is drawn parallel to and 66 feet away from its northern alignment thence by a line to the point of commencement.
In this description Projection Origin of Zone O, Transverse Mercator is
144° 58¢ 26" ×6948 Longitude East and the Equator. The Origin for co‑ordinates in this Zone is established at a point 1,153,521×56 feet west of the projection origin and 14,887,059×19 feet south of the projection origin.
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THIRD SCHEDULE
PART 1
Certificate of Title Volume 8608 Folio 019 ,, ,, ,, 8608 ,, 020 ,, ,, ,, 8608 ,, 021 ,, ,, ,, 8608 ,, 022 ,, ,, ,, 8608 ,, 023 ,, ,, ,, 8608 ,, 024 ,, ,, ,, 8608 ,, 025 ,, ,, ,, 3723 ,, 548 ,, ,, ,, 8101 ,, 500 ,, ,, ,, 8260 ,, 134 ,, ,, ,, 4049 ,, 692 ,, ,, ,, 4049 ,, 693 PART II
Certificate of Title Volume 5836 Folio 067 ,, ,, ,, 6011 ,, 081 ,, ,, ,, 5346 ,, 096 ,, ,, ,, 3843 ,, 446 ,, ,, ,, 7501 ,, 116 ,, ,, ,, 4459 ,, 752 ,, ,, ,, 6790 ,, 818 ,, ,, ,, 4459 ,, 753 ,, ,, ,, 4459 ,, 751 ═══════════════
ENDNOTES
1. General Information
The Western Port (Steel Works) Act 1970 was assented to on 7 April 1970 and came into operation on 30 April 1970: Government Gazette 29 April 1970 page 1142.
2. Table of Amendments
This Version incorporates amendments made to the Western Port (Steel Works) Act 1970 by Acts and subordinate instruments.
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Port Services Act 1995, No. 82/1995
Assent Date: 28.11.95 Commencement Date: Ss 199, 200 on 14.12.95: Government Gazette 14.12.95 p. 3488—see Interpretation of Legislation Act 1984 Current State: This information relates only to the provision/s amending the Western Port (Steel Works) Act 1970
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3. Explanatory Details
No entries at date of publication.
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