Acts Amendment (Iron Ore Agreements) Act 2000 (WA)

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Western Australia

Acts Amendment (Iron Ore Agreements) Act

2000

Western Australia

Acts Amendment (Iron Ore Agreements) Act

2000

CONTENTS

Part 1 — Preliminary

1.

Short title

2

2.

Commencement

2

Part 2 — Iron Ore (Goldsworthy-

Nimingarra) Agreement Act 1972

3.

The Act amended

3

4.

Section 2 amended

3

5.

Section 4 inserted

3

4.

First Variation Agreement

3

6.

Schedule amended

4

Schedule 1 — Agreement

7.

Schedule 2 inserted

4

Schedule 2 — First Variation Agreement

Part 3 — Iron Ore (Marillana Creek)

Agreement Act 1991

8.

The Act amended

8

9.

Section 3 amended

8

10.

Section 5 inserted

8

5.

Second Variation Agreement

8

11.

Schedule 3 inserted

9

Acts Amendment (Iron Ore Agreements) Act 2000

Contents

Schedule 3

Part 4 — Iron Ore (McCamey’s

Monster) Agreement

Authorization Act 1972

12.

The Act amended

13

13.

Section 6 inserted

13

6.

Third Variation Agreement

13

14.

Schedule 4 inserted

14

Schedule 4

Part 5 — Iron Ore (Mount

Goldsworthy) Agreement Act 1964

15.

The Act amended

17

16.

Section 3 amended

17

17.

Section 4C inserted

17

4C.

Third Variation Agreement

17

18.

Fourth Schedule inserted

18

Fourth Schedule

Part 6 — Iron Ore (Mount Newman)

Agreement Act 1964

19.

The Act amended

24

20.

Section 2 amended

24

21.

Section 3E inserted

24

3E.

Fifth Variation Agreement

24

22.

Sixth Schedule inserted

25

Sixth Schedule

Part 7 — Iron Ore Beneficiation

(BHP) Agreement Act 1996

23.

The Act amended

31

24.

Section 3 amended

31

25.

Section 5 inserted

31

5.

First Variation Agreement

31

26.

Schedule 2 inserted

32

Acts Amendment (Iron Ore Agreements) Act 2000

Contents

Schedule 2

Part 8 — Iron Ore — Direct Reduced

Iron (BHP) Agreement Act 1996

27.

The Act amended

36

28.

Section 3 amended

36

29.

Section 5 inserted

36

5.

First Variation Agreement

36

30.

Schedule 2 inserted

37

Schedule 2

Western Australia

Acts Amendment (Iron Ore Agreements)

Act 2000

No. 57 of 2000

An Act to amend the —

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972;

Iron Ore (Marillana Creek) Agreement Act 1991;

Iron Ore (McCamey’s Monster) Agreement Authorization

Act 1972;

Iron Ore (Mount Goldsworthy) Agreement Act 1964;

Iron Ore (Mount Newman) Agreement Act 1964;

Iron Ore Beneficiation (BHP) Agreement Act 1996; and

Iron Ore — Direct Reduced Iron (BHP) Agreement

Act 1996.

[Assented to 7 December 2000]

The Parliament of Western Australia enacts as follows:

Acts Amendment (Iron Ore Agreements) Act 2000

Part 1

Preliminary

s. 1

Part 1 — Preliminary

1.             Short title

This Act may be cited as the Acts Amendment (Iron Ore

Agreements) Act 2000.

2.             Commencement

This Act comes into operation on the day on which it receives

the Royal Assent.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

Part 2

s. 3

Part 2 — Iron Ore (Goldsworthy-Nimingarra)

Agreement Act 1972

3.             The Act amended

The amendments in this Part are to the Iron Ore

(Goldsworthy-Nimingarra) Agreement Act 1972*.

[* Act No. 30 of 1972.]

4.             Section 2 amended

Section 2 is amended as follows:

(a)

in the definition of “the Agreement” by deleting “the

Schedule” and inserting instead —

“ Schedule 1 ”;

(b)

after the definition of “the Agreement” by inserting the

following definition —

“

“the First Variation Agreement” means the

agreement a copy of which is set out in Schedule 2

to this Act;

”.

5.             Section 4 inserted

After section 3 the following section is inserted —

“

4.             First Variation Agreement

(1)

The First Variation Agreement is ratified.

(2)

The implementation of the First Variation Agreement

is authorised.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 2

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

s. 6

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the First

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

6.             Schedule amended

The heading to the Schedule is deleted and the following

heading is inserted —

“

Schedule 1 — Agreement

”.

7.             Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 2 — First Variation Agreement

[s. 4]

THIS AGREEMENT is made the 11th day of April 2000. the State of Western Australia and having its registered office at Level 18,

B E T W E E N

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

200 St George’s Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.

ACN 009 256 259 a company incorporated in the State of Western Australia

and having its registered office at 22nd Floor, Forrest Centre, 221 St George’s

Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.

ACN 050 157 456 a company incorporated in the State of Western Australia

and having its registered office at 24th Floor, Forrest Centre, 221 St George’s

Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

Part 2

s. 7

W H E R E A S :

(a)

the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972, which agreement as amended from time to time is hereinafter called "the Principal Agreement";

(b)

the State and the Joint Venturers wish to vary the Principal Agreement.

NOW THIS AGREEMENT WITNESSES -

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

2.        The State shall introduce and sponsor a Bill in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be

agreed between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)

an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals

Acts Amendment (Iron Ore Agreements) Act 2000

Part 2

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

s. 7

Australia Pty. Ltd. to vary the Iron Ore (Mount

Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall 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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.

The Principal Agreement is hereby varied in Clause 11 by inserting after "(1a) Notwithstanding any provision in this Agreement for the grant of

titles hereunder to the Joint Venturers as tenants in common in renewal of any leases hereunder shall be made to the Joint Venturers, if they so request the State, in accordance with their percentage interests in this Agreement.".

equal shares, if the Joint Venturers hold their interests in this

IN WITNESS WHEREOF this agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972

Part 2

s. 7

THE COMMON SEAL of

BHP MINERALS PTY. LTD. was

[C.S.]

hereunto affixed by authority

of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

THE COMMON SEAL of CI MINERALS

AUSTRALIA PTY. LTD. was hereunto

[C.S.]

affixed by authority

of the Directors in the presence of:

MASAYUKI YAMAMOTO

Director

MICHAEL APPLEBEE

Secretary

THE COMMON SEAL of MITSUI

IRON ORE CORPORATION PTY.

[C.S.]

LTD. was hereunto affixed by authority of the Directors in the

presence of:

YOICHI HASHIMOTO

Director

JOHN SMITH

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 3

Iron Ore (Marillana Creek) Agreement Act 1991

s. 8

Part 3 — Iron Ore (Marillana Creek) Agreement

Act 1991

8.             The Act amended

The amendments in this Part are to the Iron Ore (Marillana

Creek) Agreement Act 1991*.

[* Act No. 2 of 1991.

For subsequent amendments see 1999 Index to Legislation of

Western Australia, Table 1, p. 123.]

9.             Section 3 amended

Section 3 is amended by deleting the definition of “Variation Agreement” and inserting the following definitions instead —

“

“First Variation Agreement” means the agreement a

copy of which is set out in Schedule 2;

“Second Variation Agreement” means the agreement

a copy of which is set out in Schedule 3.

”.

10.           Section 5 inserted

After section 4A the following section is inserted —

“

5.             Second Variation Agreement

(1)

The Second Variation Agreement is ratified.

(2)

The implementation of the Second Variation

Agreement is authorised.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Marillana Creek) Agreement Act 1991

Part 3

s. 11

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the Second

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

11.           Schedule 3 inserted

After Schedule 2 the following Schedule is inserted —

“

Schedule 3

[s. 5]

THIS AGREEMENT is made the 11th day of April 2000. the State of Western Australia and having its registered office at Level 18,

B E T W E E N

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

200 St George’s Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.

ACN 009 256 259 a company incorporated in the State of Western Australia

and having its registered office at 22nd Floor, Forrest Centre, 221 St George’s

Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.

ACN 050 157 456 a company incorporated in the State of Western Australia

and having its registered office at 24th Floor, Forrest Centre, 221 St George’s

Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.

W H E R E A S :

(a)

the State and the Joint Venturers (pursuant to an assignment dated Ore (Marillana Creek) Agreement Act 1991, which agreement as amended from time to time is hereinafter called "the Principal Agreement";

(b)

the State and the Joint Venturers wish to vary the Principal Agreement.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 3

Iron Ore (Marillana Creek) Agreement Act 1991

s. 11

NOW THIS AGREEMENT WITNESSES -

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

2.        The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed

between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement;

(iv)

an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Marillana Creek) Agreement Act 1991

Part 3

s. 11

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall 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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.        The Principal Agreement is hereby varied in Clause 13(1) by inserting after paragraph (a) the following paragraph -

"(aa)

on iron ore used in the beneficiation plant the subject of the

Agreement ratified by the Iron Ore Beneficiation (BHP)

Agreement Act 1996 at the following rates -

(i)        in respect of lump ore, 5.625% of the f.o.b. value; and

(ii)      in respect of fine ore, 5.625% of the f.o.b. value;".

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

THE COMMON SEAL of

BHP MINERALS PTY. LTD. was

[C.S.]

hereunto affixed by authority

of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

Acts Amendment (Iron Ore Agreements) Act 2000

Part 3

Iron Ore (Marillana Creek) Agreement Act 1991

s. 11

THE COMMON SEAL of

CI MINERALS AUSTRALIA PTY.

[C.S.]

LTD. was hereunto affixed by authority of

the Directors in the presence of:

MASAYUKI YAMAMOTO

Director

MICHAEL APPLEBEE

Secretary

THE COMMON SEAL of MITSUI IRON

ORE CORPORATION PTY. LTD. was

[C.S.]

hereunto affixed by authority of the

Directors in the presence of:

YOICHI HASHIMOTO

Director

JOHN SMITH

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (McCamey’s Monster) Agreement Authorization Act 1972

Part 4

s. 12

Part 4 — Iron Ore (McCamey’s Monster) Agreement

Authorization Act 1972

12.           The Act amended

The amendments in this Part are to the Iron Ore (McCamey’s

Monster) Agreement Authorization Act 1972*.

[* Act No. 104 of 1972.

For subsequent amendments see 1999 Index to Legislation of

Western Australia, Table 1, p. 123.]

13.           Section 6 inserted

After section 5 the following section is inserted —

“

6.             Third Variation Agreement

(1)

The agreement (“third Variation Agreement”) a copy

of which is set out in Schedule 4 is ratified.

(2)

The implementation of the third Variation Agreement

is authorised.

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the third

Variation Agreement is to operate and take effect

despite any other Act or law.

(4)

Without limiting section 3, on the commencement of

the Acts Amendment (Iron Ore Agreements) Act 2000,

the Principal Agreement, as amended by the first

Variation Agreement, the second Variation Agreement

and the third Variation Agreement, is to operate as if it

were enacted in this Act.

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 4

Iron Ore (McCamey’s Monster) Agreement Authorization Act 1972

s. 14

14.           Schedule 4 inserted

After Schedule 3 the following Schedule is inserted —

“

Schedule 4

[s. 6]

THIS AGREEMENT is made the 11th day of April 2000. incorporated in the State of Western Australia and having its registered office at

B E T W E E N :

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

Level 18, 200 St George’s Terrace, Perth (hereinafter called "the Company") of

the other part.

W H E R E A S :

(a)

the State and the Company (pursuant to certain assignments) are now the parties to the agreement the execution of which was authorised by the

Iron Ore (McCamey’s Monster) Agreement Authorisation Act 1972,

which agreement as amended from time to time is hereinafter called "the

Principal Agreement";

(b)

the State and the Company wish to vary the Principal Agreement.

NOW THIS AGREEMENT WITNESSES -

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

2.        The State shall introduce and sponsor a Bill in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be

agreed between the parties hereto.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (McCamey’s Monster) Agreement Authorization Act 1972

Part 4

s. 14

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)       an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)      an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)     an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall 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.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 4

Iron Ore (McCamey’s Monster) Agreement Authorization Act 1972

s. 14

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.        The Principal Agreement is hereby varied in Clause 31(1) as follows -

(a)

by inserting after paragraph (a) the following paragraph -

"(aa)

on iron ore products used in the beneficiation plant the

subject of the Agreement ratified by the Iron Ore

Beneficiation (BHP) Agreement Act 1996 at the following

rates -

(i)

in respect of lump ore, 7.5% of the f.o.b. revenue; and

(ii)

in respect of fine ore, 3.75% of the f.o.b. revenue.".

(b)

in paragraph (c), by inserting after "Agreement" the following - "pursuant to those paragraphs".

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

THE COMMON SEAL of

BHP IRON ORE (JIMBLEBAR)

[C.S.]

PTY. LTD. was hereunto affixed by

authority of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Goldsworthy) Agreement Act 1964

Part 5

s. 15

Part 5 — Iron Ore (Mount Goldsworthy) Agreement

Act 1964

15.           The Act amended

The amendments in this Part are to the Iron Ore (Mount

Goldsworthy) Agreement Act 1964*.

[* Act No. 97 of 1964.

For subsequent amendments see 1999 Index to Legislation of

Western Australia, Table 1, p. 123.]

16.           Section 3 amended

Section 3 is amended as follows:

(a)

at the end of the definition of “the second Variation

Agreement” by deleting the full stop and inserting a

semicolon instead;

(b)

after the definition of “the second Variation Agreement”

by inserting the following definition —

“

“the third Variation Agreement” means the

agreement a copy of which is set out in the Fourth

Schedule.

”.

17.           Section 4C inserted

After section 4B the following section is inserted —

“

4C.

Third Variation Agreement

(1)

The third Variation Agreement is ratified.

(2)

The implementation of the third Variation Agreement

is authorised.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 5

Iron Ore (Mount Goldsworthy) Agreement Act 1964

s. 18

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the third

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

18.           Fourth Schedule inserted

After the Third Schedule the following Schedule is inserted —

“

Fourth Schedule

[s. 4C]

THIS AGREEMENT is made the 11th day of April 2000. the State of Western Australia and having its registered office at Level 18,

B E T W E E N

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

200 St George’s Terrace, Perth, CI MINERALS AUSTRALIA PTY. LTD.

ACN 009 256 259 a company incorporated in the State of Western Australia

and having its registered office at 22nd Floor, Forrest Centre, 221 St George’s

Terrace, Perth and MITSUI IRON ORE CORPORATION PTY. LTD.

ACN 050 157 456 a company incorporated in the State of Western Australia

and having its registered office at 24th Floor, Forrest Centre, 221 St George’s

Terrace, Perth (hereinafter called "the Joint Venturers") of the other part.

W H E R E A S :

(a)

the State and the Joint Venturers (pursuant to certain assignments) are now the parties to the agreement approved by the Iron Ore (Mount Goldsworthy) Agreement Act 1964, which agreement as amended from time to time is hereinafter called "the Principal Agreement";

(b)

the State and the Joint Venturers wish to vary the Principal Agreement.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Goldsworthy) Agreement Act 1964

Part 5

s. 18

NOW THIS AGREEMENT WITNESSES -

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

2.        The State shall introduce and sponsor a Bill in the State Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be

agreed between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)

an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 5

Iron Ore (Mount Goldsworthy) Agreement Act 1964

s. 18

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall 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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.        The Principal Agreement is hereby varied with effect on and from the coming into operation of this agreement as follows -

(1)

Clause 1 -

in the definition of "beneficiated ore" by inserting after "upgraded"

the following -

"by the Joint Venturers pursuant to proposals approved under this

Agreement".

(2)

Clause 2(c) -

by deleting "and 11" and substituting the following ",11 and 12".

(3)

By inserting after Clause 8 the following clauses -

"8A.

Notwithstanding any provision in this Agreement for the

grant of titles hereunder to the Joint Venturers as tenants in

common in equal shares, if the Joint Venturers hold their

interests in this Agreement in other than equal shares, the

grant of titles and the renewal of any leases hereunder shall

be made to the Joint Venturers, if they so request the State,

in accordance with their percentage interests in this

Agreement.

8B.

Notwithstanding the Mining Act the Joint Venturers may

with the prior approval of the Minister for Mines apply from

time to time for general purpose leases for the purposes of its

operations under this Agreement in respect of areas of land

greater than the maximum area provided for under that

Act.".

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Goldsworthy) Agreement Act 1964

Part 5

s. 18

(4)

Clause 9(2)(j) -

by inserting after subparagraph (ii) the following subparagraph -

"(iia) on iron ore used in the beneficiation plant the subject of the

Agreement ratified by the Iron Ore Beneficiation (BHP)

Agreement Act 1996 at the following rates -

(A)

in respect of lump ore, 7.5% of the f.o.b. value; and

(B)

in respect of fine ore, 3.75% of the f.o.b. value;".

(5)

Clause 12 -

by inserting after subclause (2) the following subclause -

"(2a) Notwithstanding the Mining Act 1978, the Minister for

Mines may for the purposes of this clause grant to the Joint Venturers rights of occupancy in respect of the whole or parts of Temporary Reserve 3156H for such period or periods and on such terms and conditions as the Minister for Mines after consultation with the Minister considers reasonable.".

(6)

Clause 12A -

by inserting after "the State shall" the following -

"subject in respect of proposals under clause 12 to the surrender by

the Joint Venturers of any rights of occupancy granted under

clause 12(2a)".

5.        The Principal Agreement is hereby further varied with effect on and from the later of the coming into operation of the Water Agreement (as hereinafter defined) or the coming into operation of this agreement as follows -

(1)

By inserting after Clause 8B the following clause -

"Water - Port Hedland

8C.(1) In this clause -

"Water Agreement" means an agreement entered into approved by the Minister in relation to the supply of water

between the Water Corporation (established pursuant to

section 4 of the Water Corporation Act 1995) and BHP Iron

Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct

Reduced Iron Pty. Ltd. and the Mount Newman and Mount

Acts Amendment (Iron Ore Agreements) Act 2000

Part 5

Iron Ore (Mount Goldsworthy) Agreement Act 1964

s. 18

for, inter alia, the Joint Venturers’ water requirements for the

purposes of this Agreement at Port Hedland;

"Commencement Date", "Renewal Period", "Buyer" and

"Default" have the same meanings respectively as they have

in the Water Agreement.

(2)

Notwithstanding any provision of the Water Agreement, the

State shall ensure during the period from the

Commencement Date until the later of the sixtieth (60th)

anniversary of the Commencement Date or the end of the

Renewal Period that (except where the Water Agreement is

lawfully terminated because of the Buyer’s Default) -

(a)

section 4 of the Waters and Rivers Commission

the Waters and Rivers Commission (established by meet the quantities set out in the Water Agreement; and

(b)

in the event of expiration of the Water Agreement the Coordinator of Water Services under the Water Services Coordination Act 1995 will impose a condition on any relevant licence to supply water in Port Hedland that the supplier is to supply BHP Iron Ore Pty. Ltd. (as agent as aforesaid) with water on the same terms as those contained in the Water Agreement.".

(2)

Clause 10(a) -

(a)

by inserting after "purposes hereunder" the following - "at mining area "A", mining area "B" and mining area "C"";

(b)

by inserting after "townsite" the following - operations and employees on or near mining area "A", mining area "B" or mining area "C"".

6.        If the Water Agreement referred to in Clause 5 of this agreement shall not have come into operation by 1 January 2001, Clause 5 of this agreement shall on that date cease and thenceforth have no effect.

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Goldsworthy) Agreement Act 1964

Part 5

s. 18

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

THE COMMON SEAL of

BHP MINERALS PTY. LTD. Was

[C.S.]

hereunto affixed by authority

of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

THE COMMON SEAL of CI

MINERALS AUSTRALIA PTY. LTD.

[C.S.]

was hereunto affixed by authority of the Directors in the presence of: MASAYUKI YAMAMOTO

Director

MICHAEL APPLEBEE

Secretary

THE COMMON SEAL of MITSUI

IRON ORE CORPORATION PTY.

[C.S.]

LTD. was hereunto affixed

by authority of the Directors in the

presence of:

YOICHI HASHIMOTO

Director

JOHN SMITH

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 6

Iron Ore (Mount Newman) Agreement Act 1964

s. 19

Part 6 — Iron Ore (Mount Newman) Agreement

Act 1964

19.           The Act amended

The amendments in this Part are to the Iron Ore (Mount

Newman) Agreement Act 1964*.

[* Reprinted as approved 10 August 1971.

For subsequent amendments see 1999 Index to Legislation of

Western Australia, Table 1, p. 123.]

20.           Section 2 amended

Section 2 is amended after the definition of “the company” by

inserting the following definition —

“

“the Fifth Variation Agreement” means the

agreement a copy of which is set out in the Sixth

Schedule to this Act;

”.

21.           Section 3E inserted

After section 3D the following section is inserted —

“

3E.

Fifth Variation Agreement

(1)

The Fifth Variation Agreement is ratified.

(2)

The implementation of the Fifth Variation Agreement

is authorised.

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the Fifth

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Newman) Agreement Act 1964

Part 6

s. 22

22.           Sixth Schedule inserted

After the Fifth Schedule the following Schedule is inserted —

“

Sixth Schedule

[s. 3E]

THIS AGREEMENT is made the 11th day of April 2000.

B E T W E E N

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

BHP MINERALS PTY. LTD. ACN 008 694 782 , a company incorporated in

the State of Western Australia, MITSUI-ITOCHU IRON PTY. LTD.

ACN 008 702 761 a company incorporated in the State of Western Australia

and CI MINERALS AUSTRALIA PTY. LTD. ACN 009 256 259 a company

incorporated in the State of Western Australia (hereinafter called "the Joint

Venturers") of the other part.

W H E R E A S :

(a)

the State and the Joint Venturers (pursuant to certain assignments and Deeds of Covenant and the release of Mt. Newman Iron Ore Company Limited pursuant to clause 19(2) of the Principal Agreement as

hereinafter defined) are now the parties to the agreement dated the 26th day of August 1964 which agreement was approved by and is scheduled to the Iron Ore (Mount Newman) Agreement Act 1964 and as

amended from time to time is hereinafter referred to as "the Principal

Agreement";

(b)

the State and the Joint Venturers wish to vary the Principal Agreement.

NOW THIS AGREEMENT WITNESSES -

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purposes of the Principal Agreement.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 6

Iron Ore (Mount Newman) Agreement Act 1964

s. 22

2.        The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed

between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)

an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall have any claim against any

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Newman) Agreement Act 1964

Part 6

s. 22

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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.        The Principal Agreement is hereby varied with effect on and from the coming into operation of this agreement as follows -

(1)

Clause 1 -

in the definition of "beneficiated ore" by inserting after "upgraded"

the following -

"by the Company pursuant to proposals approved under this

Agreement".

(2)

By inserting after Clause 8 the following clause -

"Lease for tunnel

8A.

Notwithstanding the provisions of any Act regarding the

term of leases that it may grant, the Port Hedland Port

Authority may in accordance with approved proposals grant

to the Joint Venturers a lease for the purpose of an

underwater tunnel between Finucane Island and Nelson

Point for a term coterminous with the term of the agreement

ratified by the Iron Ore-Direct Reduced Iron (BHP)

Agreement Act 1996.".

(3)

Clause 9(2)(j) -

(a)

in subparagraph (i) by deleting the following - within the Commonwealth by B.H.P. or A.I.S. or any company or companies related to B.H.P. or A.I.S. within the meaning of section 7 of the Companies (Western Australia) Code for manufacture into iron or steel and becoming liable for royalty during the period from an including 1st July 1989 to and including 31st December 1990 shall be -

(A)

during the period 1st July 1989 to 31st December

1989, 5% of the f.o.b. value; and

(B)

during the calendar year 1990; 6.25% of the f.o.b.

value".

Acts Amendment (Iron Ore Agreements) Act 2000

Part 6

Iron Ore (Mount Newman) Agreement Act 1964

s. 22

(b)

by inserting after subparagraph (ii) the following "(iia) on iron ore used in the beneficiation plant the subject

of the Agreement ratified by the Iron Ore following rates -

(A)

in respect of lump ore, 7.5% of the f.o.b. value;

and

(B)

in respect of fine ore, 3.75% of the f.o.b.

value;".

5.        The Principal Agreement is hereby further varied with effect on and from the later of the coming into operation of the Water Agreement (as hereinafter defined) or the coming into operation of this agreement as follows -

(1)

By inserting after Clause 8A the following clause -

"Water - Port Hedland

8B.(1) In this clause -

"Water Agreement" means an agreement entered into approved by the Minister in relation to the supply of water

between the Water Corporation (established pursuant to

section 4 of the Water Corporation Act 1995) and BHP Iron

Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct

Reduced Iron Pty. Ltd. and the Mount Newman and Mount

for, inter alia, the Joint Venturers’ water requirements for the

purposes of this Agreement at Port Hedland;

"Commencement Date", "Renewal Period", "Buyer" and

"Default" have the same meanings respectively as they have

in the Water Agreement.

(2)

Notwithstanding any provision of the Water Agreement, the

State shall ensure during the period from the

Commencement Date until the later of the sixtieth (60th)

anniversary of the Commencement Date or the end of the

Renewal Period that (except where the Water Agreement is

lawfully terminated because of the Buyer’s Default) -

(a)

the Waters and Rivers Commission (established by section 4 of the Waters and Rivers Commission

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore (Mount Newman) Agreement Act 1964

Part 6

s. 22

Act 1995) will allocate water reserves sufficient to meet the quantities set out in the Water Agreement; and

(b)

in the event of expiration of the Water Agreement the Coordinator of Water Services under the Water Services Coordination Act 1995 will impose a condition on any relevant licence to supply water in Port Hedland that the supplier is to supply BHP Iron Ore Pty. Ltd. (as agent as aforesaid) with water on the same terms as those contained in the Water Agreement.".

(2)

Clause 10(a) -

(a)

by inserting after "purposes hereunder" the following - "at the mining areas";

(b)

by inserting after "townsite" the following - "established by the Company for the purposes of its operations and employees on or near the mining areas".

6.        If the Water Agreement referred to in Clause 5 of this agreement shall not have come into operation by 1 January 2001, Clause 5 of this agreement shall on that date cease and thenceforth have no effect.

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

Acts Amendment (Iron Ore Agreements) Act 2000

Part 6

Iron Ore (Mount Newman) Agreement Act 1964

s. 22

THE COMMON SEAL of BHP

MINERALS PTY. LTD. was

[C.S.]

hereunto affixed by authority of the

Board of Directors:

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

THE COMMON SEAL of

MITSUI-ITOCHU IRON PTY. LTD.

[C.S.]

was hereunto affixed by authority of the

Board of Directors in the presence of:

YOICHI HASHIMOTO

Director

PETER KATAVATIS

Secretary

THE COMMON SEAL of CI

MINERALS AUSTRALIA PTY. LTD.

[C.S.]

was hereunto affixed by authority of the Directors in the presence of: MASAYUKI YAMAMOTO

Director

MICHAEL APPLEBEE

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore Beneficiation (BHP) Agreement Act 1996

Part 7

s. 23

Part 7 — Iron Ore Beneficiation (BHP) Agreement

Act 1996

23.           The Act amended

The amendments in this Part are to the Iron Ore Beneficiation

(BHP) Agreement Act 1996*.

[* Act No. 4 of 1996.]

24.           Section 3 amended

Section 3 is amended as follows:

(a)

at the end of the definition of “the Agreement” by

deleting the full stop and inserting a semicolon instead;

(b)

after the definition of “the Agreement” by inserting the following definition —

“

“the First Variation Agreement” means the

agreement a copy of which is set out in

Schedule 2.

”.

25.           Section 5 inserted

After section 4 the following section is inserted —

“

5.             First Variation Agreement

(1)

The First Variation Agreement is ratified.

(2)

The implementation of the First Variation Agreement

is authorised.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 7

Iron Ore Beneficiation (BHP) Agreement Act 1996

s. 26

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the First

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

26.           Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 2

[s. 5]

THIS AGREEMENT is made the 11th day of April 2000. incorporated in the State of Western Australia and having its principal office at

B E T W E E N

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

Level 18, 200 St George’s Terrace, Perth (hereinafter called "the Company") of

the other part.

W H E R E A S :

(a)

the State and the Company are the parties to the agreement ratified by the Iron Ore Beneficiation (BHP) Agreement Act 1996, which agreement is hereinafter called "the Principal Agreement";

(b)

the State and the Company wish to vary the Principal Agreement.

NOW THIS AGREEMENT WITNESSES:

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore Beneficiation (BHP) Agreement Act 1996

Part 7

s. 26

2.        The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed

between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount Goldsworthy) Agreement;

(ii)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore - Direct Reduced Iron (BHP) Agreement;

(iii)

an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)

an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

Acts Amendment (Iron Ore Agreements) Act 2000

Part 7

Iron Ore Beneficiation (BHP) Agreement Act 1996

s. 26

determine and no party hereto shall 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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.

coming into operation of this agreement by deleting in Clause 34 "1998"

The Principal Agreement is hereby varied with effect on and from the "2000".

5.        The Principal Agreement is hereby further varied with effect on and from the later of the coming into operation of the Water Agreement (as hereinafter defined) or the coming into operation of this agreement as follows -

(1)

Clause 5(1)(g) -

by deleting "supply and".

(b)

By deleting Clause 12 and substituting the following clause - 12.(1) In this clause -

"Water Agreement" means an agreement entered into approved by the Minister in relation to the supply of water

between the Water Corporation (established pursuant to

section 4 of the Water Corporation Act 1995) and BHP Iron

Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct

Reduced Iron Pty. Ltd. and the Mount Newman and Mount

for, inter alia, the Joint Venturers’ water requirements for the

purposes of this Agreement at Port Hedland;

"Commencement Date", "Renewal Period", "Buyer" and

"Default" have the same meanings respectively as they have

in the Water Agreement.

(2)

Notwithstanding any provision of the Water Agreement, the

State shall ensure during the period from the

Commencement Date until the later of the sixtieth (60th)

anniversary of the Commencement Date or the end of the

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore Beneficiation (BHP) Agreement Act 1996

Part 7

s. 26

Renewal Period that (except where the Water Agreement is

lawfully terminated because of the Buyer’s Default) -

(a)

section 4 of the Waters and Rivers Commission

the Waters and Rivers Commission (established by meet the quantities set out in the Water Agreement; and

(b)

in the event of expiration of the Water Agreement the Coordinator of Water Services under the Water Services Coordination Act 1995 will impose a condition on any relevant licence to supply water in Port Hedland that the supplier is to supply BHP Iron Ore Pty. Ltd. (as agent as aforesaid) with water on the same terms as those contained in the Water Agreement.".

6.        If the Water Agreement referred to in Clause 5 of this agreement shall not have come into operation by 1 January 2001, Clause 5 of this agreement shall on that date cease and thenceforth have no effect.

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

THE COMMON SEAL of BHP DIRECT

REDUCED IRON PTY. LTD. was

[C.S.]

hereunto affixed by authority

of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

”.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 8

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

s. 27

Part 8 — Iron Ore — Direct Reduced Iron (BHP)

Agreement Act 1996

27.           The Act amended

The amendments in this Part are to the Iron Ore — Direct

Reduced Iron (BHP) Agreement Act 1996*.

[* Act No. 5 of 1996.]

28.           Section 3 amended

Section 3 is amended as follows:

(a)

at the end of the definition of “the Agreement” by

deleting the full stop and inserting a semicolon instead;

(b)

after the definition of “the Agreement” by inserting the

following definition —

“

“the First Variation Agreement” means the

agreement a copy of which is set out in

Schedule 2.

”.

29.           Section 5 inserted

After section 4 the following section is inserted —

“

5.             First Variation Agreement

(1)

The First Variation Agreement is ratified.

(2)

The implementation of the First Variation Agreement

is authorised.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

Part 8

s. 30

(3)

Without limiting or otherwise affecting the application

of the Government Agreements Act 1979, the First

Variation Agreement is to operate and take effect

despite any other Act or law.

”.

30.           Schedule 2 inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 2

[s. 5]

THIS AGREEMENT is made the 11th day of April 2000. incorporated in the State of Western Australia and having its principal office at

B E T W E E N :

THE HONOURABLE RICHARD FAIRFAX COURT B.Com., 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

Level 18, 200 St, George’s Terrace, Perth (hereinafter called "the Company") of

the other part.

W H E R E A S:

(a)

the State and the Company are the parties to the agreement ratified by the Iron Ore-Direct Reduced Iron (BHP) Agreement Act 1996, which agreement is hereinafter called "the Principal Agreement";

(b)

the State and the Company wish to vary the Principal Agreement.

NOW THIS AGREEMENT WITNESSES:

1.        Subject to the context the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.

Acts Amendment (Iron Ore Agreements) Act 2000

Part 8

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

s. 30

2.        The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2000 or such later date as may be agreed

between the parties hereto.

3.

(1)

The provisions of this Agreement other than this Clause and

Clauses 1 and 2 shall not come into operation unless and until -

(a)

the Bill to ratify this Agreement as referred to in Clause 2; and

(b)

Bills to ratify the following agreements of even date herewith, namely:-

(i)

an agreement between the State and BHP Direct Reduced Iron Pty. Ltd. to vary the Iron Ore Beneficiation (BHP) Agreement;

(ii)

an agreement between the State, BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Mount

Goldsworthy) Agreement;

(iii)     an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Marillana Creek) Agreement;

(iv)      an agreement between the State and BHP Iron Ore (Jimblebar) Pty. Ltd. to vary the Iron Ore

(McCamey’s Monster) Agreement;

(v)       an agreement between the State and BHP Minerals Pty. Ltd., Mitsui-Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. to vary the Iron Ore (Mount Newman) Agreement; and

(vi)      an agreement between the State and BHP Minerals Pty. Ltd., CI Minerals Australia Pty. Ltd. and Mitsui Iron Ore Corporation Pty. Ltd. to vary the Iron Ore (Goldsworthy-Nimingarra) Agreement

are passed as Acts before 31 December 2000 or such later date if

any as the parties hereto may agree upon.

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

Part 8

s. 30

(2)

If before 31 December 2000 or such later agreed date the said Bills

have not commenced to operate as Acts then unless the parties

hereto otherwise agree this Agreement shall then cease and

determine and no party hereto shall 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.

(3)

On the said Bills commencing to operate as Acts all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

4.

coming into operation of this agreement by deleting in Clause 33 "1998"

The Principal Agreement is hereby varied with effect on and from the "2000"

5.        The Principal Agreement is hereby further varied with effect on and from the later of the coming into operation of the Water Agreement (as hereinafter defined) or the coming into operation of this agreement as follows -

(1)

Clause 5(1)(f) -

by deleting "supply and".

(2)

Clause 12 -

(a)

by deleting the subclause designation (1); and

(b)

by deleting subclauses (2) to (10) inclusive.

(3)

By inserting after Clause 12 the following clause -

"Water - Port Hedland

12A.(1)In this clause -

"Water Agreement" means an agreement entered into approved by the Minister in relation to the supply of water

between the Water Corporation (established pursuant to

section 4 of the Water Corporation Act 1995) and BHP Iron

Ore Pty. Ltd. ACN 008 700 981 as agent for BHP Direct

Reduced Iron Pty. Ltd. and the Mount Newman and Mount

for, inter alia, the Joint Venturers’ water requirements for the

purposes of this Agreement at Port Hedland;

Acts Amendment (Iron Ore Agreements) Act 2000

Part 8

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

s. 30

"Commencement Date", "Renewal Period", "Buyer" and

"Default" have the same meanings respectively as they have

in the Water Agreement.

(2)

Notwithstanding any provision of the Water Agreement, the

State shall ensure during the period from the

Commencement Date until the later of the sixtieth (60th)

anniversary of the Commencement Date or the end of the

Renewal Period that (except where the Water Agreement is

lawfully terminated because of the Buyer’s Default) -

(a)

section 4 of the Waters and Rivers Commission

the Waters and Rivers Commission (established by meet the quantities set out in the Water Agreement; and

(b)

in the event of expiration of the Water Agreement the Coordinator of Water Services under the Water Services Coordination Act 1995 will impose a condition on any relevant licence to supply water in Port Hedland that the supplier is to supply BHP Iron Ore Pty. Ltd. (as agent as aforesaid) with water on the same terms as those contained in the Water Agreement.".

6.        If the Water Agreement referred to in Clause 5 of this agreement shall not have come into operation by 1 January 2001, Clause 5 of this agreement shall on that date cease and thenceforth have no effect.

IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.

SIGNED by THE HONOURABLE

RICHARD FAIRFAX COURT in

RICHARD COURT

the presence of -

COLIN BARNETT

MINISTER FOR RESOURCES DEVELOPMENT

Acts Amendment (Iron Ore Agreements) Act 2000

Iron Ore — Direct Reduced Iron (BHP) Agreement Act 1996

Part 8

s. 30

THE COMMON SEAL of BHP DIRECT

REDUCED IRON PTY. LTD. was

[C.S.]

hereunto affixed by authority

of the Directors -

STEFANO GIORGINI

Director

MICHAEL KNOWLES

Secretary

”.

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.