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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 2 amended 2 5. Section 6 inserted 2 6. Ratification of Third Variation Agreement 2 6. Fifth Schedule inserted 3 Fifth Schedule -- Third Variation Agreement 138--1 page i Western Australia LEGISLATIVE ASSEMBLY Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 A Bill for An Act to amend the Cement Works (Cockburn Cement Limited) Agreement Act 1971. The Parliament of Western Australia enacts as follows: page 1 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 1 1 1. Short title 2 This is the Cement Works (Cockburn Cement Limited) 3 Agreement Amendment Act 2010. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on the day after that day. 9 3. Act amended 10 This Act amends the Cement Works (Cockburn Cement Limited) 11 Agreement Act 1971. 12 4. Section 2 amended 13 In section 2 insert in alphabetical order: 14 15 the Third Variation Agreement means the agreement a 16 copy of which is set forth in the Fifth Schedule; 17 18 5. Section 6 inserted 19 After section 5 insert: 20 21 6. Ratification of Third Variation Agreement 22 (1) The Third Variation Agreement is ratified. 23 (2) The implementation of the Third Variation Agreement 24 is authorised. 25 (3) Without limiting or otherwise affecting the 26 Government Agreements Act 1979, the Third Variation page 2 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 Agreement operates and takes effect despite any other 2 Act or law. 3 4 6. Fifth Schedule inserted 5 After the Fourth Schedule insert: 6 7 Fifth Schedule -- Third Variation Agreement 8 [s. 2] 9 2010 10 THE HONOURABLE COLIN JAMES BARNETT 11 PREMIER OF THE STATE OF WESTERN AUSTRALIA 12 and 13 THE HONOURABLE SIMON MCDONNELL O'BRIEN 14 MINISTER FOR TRANSPORT 15 and 16 FREMANTLE PORT AUTHORITY 17 and 18 COCKBURN CEMENT LIMITED 19 ACN 008 673 470 20 21 22 CEMENT WORKS (COCKBURN CEMENT LIMITED) 23 AGREEMENT 1971 24 VARIATION AGREEMENT 25 26 27 28 [Solicitor's details] page 3 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 THIS AGREEMENT is made this 14 day of June 2010 2 BETWEEN 3 THE HONOURABLE COLIN JAMES BARNETT MEc., M.L.A., 4 Premier of the State of Western Australia, acting for and on behalf of 5 the Government of the said State and its instrumentalities (State) 6 AND 7 THE HONOURABLE SIMON McDONNELL O'BRIEN M.L.A., 8 Minister for Transport, being the Minister in the Government of the 9 State of Western Australia for the time being responsible for the 10 administration of the Port Authorities Act 1999 (Port Authorities 11 Minister) 12 AND 13 FREMANTLE PORT AUTHORITY, a body corporate established 14 pursuant to the Port Authorities Act 1999 (Authority) 15 AND 16 COCKBURN CEMENT LIMITED ACN 008 673 470 of Level 1, 17 157 Grenfell Street, Adelaide, South Australia (Company). 18 19 RECITALS 20 A. The parties to this Agreement are now the parties to the 21 agreement dated 18 February 1971 (as amended by an 22 agreement dated 25 August 1971), the execution of which by 23 the State was ratified by the Cement Works (Cockburn Cement 24 Limited) Agreement Act 1971, as varied by: 25 (a) an agreement dated 24 October 1986, ratified by the 26 Cement Works (Cockburn Cement Limited) Agreement 27 Amendment Act 1986; and 28 (b) an agreement dated 14 May 1997, ratified by the Cement 29 Works (Cockburn Cement Limited) Agreement 30 Amendment Act 1997. page 4 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 The first mentioned agreement as so amended and varied is 2 referred to in this Agreement as the Principal Agreement. 3 B. The parties wish to add to and vary the provisions of the 4 Principal Agreement on the terms and conditions set out in this 5 Agreement. 6 THE PARTIES AGREE AS FOLLOWS: 7 1. Subject to the context, the words and expressions used in this 8 Agreement have the same meanings respectively as they have in 9 and for the purpose of the Principal Agreement. 10 2. The State shall introduce and sponsor a Bill in the Parliament of 11 Western Australia to ratify this Agreement and shall endeavour 12 to secure its passage as an Act prior to 30 September 2010 or 13 such later date as the parties may agree. 14 3. (a) Clause 4 of this Agreement shall not come into operation 15 unless or until an Act passed in accordance with clause 2 16 of this Agreement ratifies this Agreement. 17 (b) If by 10 December 2010 or such later date as may be 18 agreed pursuant to clause 2 of this Agreement, clause 4 of 19 this Agreement has not come into operation then unless 20 the parties otherwise agree, this Agreement will then 21 cease and determine and no party hereto will have any 22 claim against any other party hereto with respect to any 23 matter or thing arising out of, done, performed or omitted 24 to be done or performed under this Agreement. 25 4. The Principal Agreement is hereby varied as follows: 26 (1) in clause 1(2): 27 (a) by inserting in the appropriate alphabetical 28 positions the following new definitions: 29 "Area A" means the area marked "Area A" 30 outlined in red on the Plan (excluding that part 31 shaded grey on the Plan); 32 "Area B" means the area marked "Area B" 33 outlined in orange on the Plan; page 5 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 "Environmental Approvals" means: 2 (a) Ministerial Statement No. 000494 that a 3 proposal may be implemented issued under 4 the EP Act, as amended from time to time 5 under the EP Act; 6 (b) Ministerial Statement No. 000599 that a 7 proposal may be implemented issued under 8 the EP Act, as amended from time to time 9 under the EP Act; 10 "Exploration Licences" means: 11 (a) exploration licence number 70/1247; 12 (b) exploration licences number 70/1136, 13 70/1298 and 70/1300; and 14 (c) any exploration licences issued to the 15 Company under the laws from time to time 16 of Western Australia wholly in respect of all 17 or part of Area B and in substitution wholly 18 or in part for any of the abovementioned 19 exploration licences; 20 "lapse" for the purposes of clause 6, is given its 21 usual meaning of "a slight error" provided 22 however a "lapse" will not be deemed to have 23 occurred in the following circumstances: 24 (a) where the Company has failed to perform 25 the Company's obligations in clause 6(1b) 26 and any such act or omission causes or 27 contributes to any loss, damage or 28 inconvenience to the Authority that is 29 substantial, such that any loss, damage or 30 inconvenience has a material effect on the 31 Authority's operation of the Port (as 32 determined by the Authority acting 33 reasonably); 34 (b) if port services are obstructed, delayed or a 35 hazard exists which is caused or contributed page 6 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 to by the Company and which obstruction, 2 delay or hazard continues for a period of 3 more than 12 hours (or such longer period as 4 the Authority may in its discretion allow) 5 after either: 6 (i) the Company becomes aware, or 7 should have been aware, of the 8 obstruction to port services; or 9 (ii) the Authority has notified the 10 Company of such non-performance of 11 the Company's obligations, 12 whichever is the sooner; or 13 (c) in respect of port works or port facilities, 14 where the Authority has given the Company 15 reasonable time to remove the obstruction or 16 hazard or to cease the delay to port works or 17 port facilities and that obstruction, hazard or 18 delay continues after the expiration of that 19 reasonable time specified in the notice to the 20 Company by the Authority; 21 "mining lease" means any mining lease granted 22 pursuant to clause 6D and according to the 23 requirements of the context shall describe the area 24 of land demised as well as the instrument by which 25 it is demised; 26 "Minister for Mines" means the Minister in the 27 Government of the State for the time being 28 responsible for the administration of the 29 Mining Act; 30 "Plan" means the Plan marked "C" initialled by or 31 on behalf of the parties for the purpose of 32 identification; 33 "Port" means the Port of Fremantle, for which the 34 Authority is established under the Port Authorities 35 Act; page 7 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 "Port Authorities Act" means the Port Authorities 2 Act 1999; 3 "Port Authorities Minister" means the Minister in 4 the Government of the State for the time being 5 responsible for the administration of the Port 6 Authorities Act; 7 "port facilities" has, in respect of the Port, the 8 meaning given by section 3(1) of the Port 9 Authorities Act; 10 "port services" has, in respect of the Port, the 11 meaning given by section 35(9) of the Port 12 Authorities Act; 13 "port works" has, in respect of the Port, the 14 meaning given by section 35(9) of the Port 15 Authorities Act; 16 "Shipping Channels" means the areas delineated as 17 "Existing Shipping Channel" and "Proposed 18 Second Shipping Channel" respectively on the 19 Plan; 20 "vessel" has the meaning given by sections 3(2) 21 and 3(3) of the Port Authorities Act; 22 (b) by deleting the existing definitions of "Fremantle 23 Port Authority Act", "Minister for Minerals and 24 Energy", "Minister for Works" and "shell sand"; 25 and 26 (c) in the definition of "Land Act" by deleting "Land 27 Act 1933" and substituting "Land Administration 28 Act 1997"; 29 (2) in clause 4: 30 (a) by deleting in subclause (1) "Minister for Works" 31 and substituting "Port Authorities Minister"; and page 8 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (b) by inserting after subclause (2) the following new 2 subclause: 3 "(3) Subject to obtaining all necessary 4 approvals under the EP Act the Company 5 may with the approval of the Authority 6 (such approval not to be unreasonably 7 withheld) dredge its approach channel to 8 the jetty."; 9 (3) by deleting clause 5; 10 (4) by deleting the heading to clause 6 and substituting it 11 with the following new heading: 12 "Right to Dredge Shell Sand in Area A"; 13 (5) in clause 6: 14 (a) by deleting subclause (1) and substituting the 15 following new subclause: 16 "(1) The State and the Authority shall permit 17 the Company, subject to the EP Act and to 18 the Company complying with its 19 obligations under this Agreement, during 20 the currency of this Agreement and free of 21 rent or other charges (other than royalty as 22 hereinafter provided) payable to the State 23 or the Authority but at its own cost in all 24 other respects to dredge and use for the 25 purposes of the Company's cement and 26 clinker manufacturing operations and any 27 other operations approved by the State 28 from time to time (which approval shall 29 not be unreasonably withheld): 30 (a) shell sand from those areas of the 31 Port within Area A that are 32 approved for dredging by or 33 pursuant to the Environmental 34 Approvals; and page 9 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (b) shell sand from those areas, 2 approved by the Authority from time 3 to time, of the Port within Area A 4 and in respect of which approval to 5 dredge for shell sand (other than by 6 or pursuant to the Environmental 7 Approvals) has been granted to the 8 Company under the EP Act."; 9 (b) by deleting subclause (1a) and substituting the 10 following new subclauses: 11 "(1a) In considering applications from the 12 Company for approval for areas of the Port 13 within Area A from which shell sand may 14 be obtained as referred to in paragraph (b) 15 of subclause (1) of this clause, the 16 Authority will have regard for (but not be 17 bound by) technical and economic 18 considerations related to the Company's 19 operations and where the area requested is 20 not approved, the Authority will give its 21 reasons and will use its best endeavours to 22 mutually agree with the Company on 23 alternative locations within areas of the 24 Port within Area A from which shell sand 25 may be obtained. 26 (1b) In obtaining shell sand as provided in this 27 Agreement from areas of the Port within 28 Area A including without limitation from a 29 stockpile of shell sand, the Company shall 30 comply with any reasonable terms and 31 conditions set by the Authority and 32 communicated to the Company by notice 33 and shall not in any event do or omit to do 34 anything which creates a hazard to or 35 obstructs or delays navigation nor anything 36 which is detrimental to the navigable 37 channels or port works or will probably 38 interfere (as determined by the Authority) 39 with the efficient working of the Port."; page 10 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (c) in subclause (2): 2 (i) by deleting "any areas approved in 3 accordance with subclause (1) of this 4 clause" and substituting "the Port within 5 Area A"; and 6 (ii) by inserting "including without limitation 7 from any stockpile of shell sand" after 8 "obtaining of shell sand"; 9 (d) in subclause (3) by deleting "port installations" and 10 substituting "port works"; 11 (e) in subclause (4): 12 (i) by inserting "(and without limiting the 13 generality of the foregoing being the 14 Shipping Channels)" after "the navigable 15 channels"; 16 (ii) by deleting "port installations" and 17 substituting "port works"; 18 (iii) by deleting "the port" (in both places where 19 it appears) and substituting "the Port"; 20 (iv) by inserting "(as determined by the 21 Authority)" after the first substituted 22 reference to "the Port"; and 23 (v) by deleting "Minister for Works" (in both 24 cases where it appears) and substituting 25 "Port Authorities Minister"; 26 (f) by deleting subclause (5) and substituting the 27 following new subclause: 28 "(5) The Company shall not be entitled during 29 the currency of this Agreement to dredge 30 shell sand from within Area A otherwise 31 than in accordance with this Agreement 32 including, without limitation, the dredging 33 and management programme as approved page 11 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 from time to time under clauses 6A-6C to 2 be implemented by the Company."; 3 (g) in subclause (6): 4 (i) by deleting "pursuant to this clause" and 5 substituting "from within Area A pursuant to 6 this Agreement"; and 7 (ii) by inserting at the end of that subclause the 8 following new sentence: 9 "This subclause shall cease to apply after 10 18 February 2021."; 11 (h) in subclause (7) by deleting "the proviso to 12 subclause (1)" and substituting "subclause (1b)"; 13 (i) by inserting after subclause (7) the following new 14 subclause: 15 "(8) The Company shall as soon as reasonably 16 practicable after they have been prepared 17 provide the Minister with a copy of all 18 reports, plans and other documentation 19 required to be prepared by the Company in 20 compliance with the Environmental 21 Approvals and any other approval given 22 under the EP Act during the currency of 23 this Agreement to operations of the 24 Company within Area A."; 25 (6) in clause 6A by: 26 (a) in subclause (1): 27 (i) deleting "the 31st day of December, 1986 28 and thereafter not later than the expiration of 29 each successive two years" and substituting 30 "31 December 2010 and thereafter not later 31 than 31 December of each successive year"; 32 and 33 (ii) deleting "upon the sand banks" and 34 substituting "within Area A (including, but page 12 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 not limited to, that part of Area A shown 2 cross hachured on the Plan upon the grant to 3 the Company of the mining lease)"; and 4 (b) in paragraph (d) of subclause (2): 5 (i) deleting all the words from the beginning of 6 the paragraph up to and including 7 "subsequent DMPs"; and 8 (ii) deleting "since that date" and substituting 9 "since 31 December 1986"; 10 (7) in clause 6B by: 11 (a) in subclause (1): 12 (i) inserting "subject to the EP Act" after "On 13 receipt of a DMP the Minister shall"; 14 (ii) deleting the full stop at the end of 15 paragraph (b) and substituting a comma; and 16 (iii) inserting the following proviso to 17 paragraphs (a) and (b): 18 "provided always that where implementation 19 of dredging and other activities referred to in 20 the DMP have been approved pursuant to 21 the EP Act subject to conditions or 22 procedures, any approval or decision of the 23 Minister under this subclause shall, if the 24 case so requires, incorporate a requirement 25 that the Company make such alterations to 26 the DMP as may be necessary to make them 27 accord with those conditions or 28 procedures."; 29 (b) deleting subclause (2) and inserting the following 30 new subclause: 31 "(2) The Minister shall within two months after 32 the receipt of a DMP give notice to the 33 Company of his decision provided that in 34 respect of a DMP, all or part of which page 13 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 contains a proposal (as defined in the EP 2 Act) which is to be assessed under Part IV 3 of the EP Act, the Minister shall give 4 notice to the Company of his decision in 5 respect of that DMP within two months 6 after the later happening of receipt of the 7 DMP and service on him of an authority 8 under section 45(7) of the EP Act in 9 respect of that proposal."; and 10 (c) by inserting after subclause (5) the following new 11 subclause: 12 "(6) The parties acknowledge that pending the 13 approval by the Minister of the DMP 14 required to be submitted by the Company 15 under clause 6A(1) by 30 September 2010, 16 the dredging and management programme 17 for the period 2009-2018 marked "A" and 18 initialled by or on behalf of the Company 19 and the Minister for the purpose of 20 identification is the current approved DMP 21 to be implemented by the Company under 22 this Agreement."; 23 (8) in clause 6C by: 24 (a) deleting subclause (2) and inserting the following 25 new subclause: 26 "(2) Such necessary variations to any approved 27 DMP may be implemented from time to 28 time following agreement to them: 29 "(a) in respect of areas of the Port 30 within Area A, between the 31 Company and the Authority; and 32 (b) in respect of other areas of Area A, 33 between the Company and the 34 Minister."; and 35 (b) in subclause (3) by deleting "regarding" and 36 substituting "between the Company and the page 14 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 Authority regarding, in respect of an area of the 2 Port within Area A,"; 3 (9) by re-designating clause 6D as clause 6G and inserting 4 the following new clauses: 5 "6D. (1) On application made not later than 6 20 December 2010 (or such later date as 7 the Minister may approve pursuant to 8 clause 16) by the Company to the Minister 9 for Mines in such manner as the Minister 10 for Mines may direct for a mining lease of 11 the land within Area A shown cross 12 hachured on the Plan and which is then 13 held by the Company under exploration 14 licence number 70/1247, the State shall 15 subject to the EP Act and the conditions set 16 out in the following subclauses and insofar 17 as is permitted by laws relating to native 18 title cause a mining lease of the land so 19 applied for to be granted to the Company. 20 (2) The grant of the mining lease referred to in 21 subclause (1) of this clause shall be subject 22 to the conditions that: 23 (a) the mining lease may be granted 24 before the area leased has been 25 surveyed but in that case shall be 26 granted subject to the condition 27 that the area leased shall be 28 surveyed by or on behalf of the 29 State at the Company's expense 30 and shall accord with that survey; 31 (b) the mining lease shall only permit 32 the Company to mine shell sand in 33 accordance with this Agreement; 34 (c) the mining lease shall only be 35 granted on the surrender of 36 exploration licence number 37 70/1247 in respect of all of that page 15 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 part of Area A shown cross 2 hachured on the Plan; 3 (d) the rental payable in respect of the 4 mining lease shall be that 5 prescribed from time to time under 6 the Mining Act; 7 (e) royalties in respect of shell sand 8 from the mining lease shall be 9 payable as provided in clause 6E; 10 (f) any assignment or other disposal 11 of the mining lease shall be subject 12 to clause 15; 13 (g) the Company shall not be entitled 14 to a renewal of the term of the 15 mining lease; and 16 (h) the mining lease shall be granted 17 under and except as otherwise 18 provided in this Agreement subject 19 to the Mining Act but in the form 20 of Schedule 2 hereto. 21 (3) Notwithstanding any provisions of the 22 Mining Act to the contrary, the term of the 23 mining lease shall be for a period 24 commencing on the date of grant of the 25 mining lease and ending on 26 18 February 2031, subject to the sooner 27 determination of the said term upon the 28 earlier determination of this Agreement. 29 (4) For the purposes of this Agreement and 30 without limiting the operation of 31 subclauses (1) to (3) above, the application 32 of the Mining Act is specifically modified: 33 (a) in section 71 by deleting "after 34 receiving a recommendation of the 35 mining registrar or the warden in 36 accordance with section 75,"; page 16 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (b) by deleting sections 74(1)(a), (ca) 2 and (d), 74(2), 74(3) and 75; and 3 (c) in section 82(1b) by deleting ", in 4 accordance with proposals 5 approved, deemed to be approved 6 or determined under the 7 agreement." 8 (5) The State shall ensure that during the 9 currency of this Agreement and subject to 10 compliance with its obligations hereunder 11 the Company shall not be required to 12 comply with the expenditure conditions 13 imposed by or under the Mining Act in 14 regard to the mining lease. 15 (6) The Company shall at all times permit the 16 State and third parties to have access to 17 and to pass over the mining lease so long 18 as (except in the case of access or passage 19 by naval ships or civilian ships supporting 20 military functions) that access and passage 21 does not unduly prejudice or interfere with 22 the activities of the Company under this 23 Agreement. 24 (7) Notwithstanding the provisions of this 25 clause and the Mining Act, with the 26 approval of the Minister the Company may 27 from time to time (with abatement of 28 future rent in respect to the area 29 surrendered but without any abatement of 30 rent already paid or any rent which has 31 become due and has been paid in advance) 32 surrender to the State all or any portion or 33 portions of the mining lease. 34 (8) Notwithstanding any provisions of the 35 Mining Act to the contrary, the holding by 36 the Company of exploration licence 37 number 70/1247 over that part of Area A page 17 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 shown cross hachured on the Plan shall not 2 entitle it to be granted a mining lease over 3 that land otherwise than in accordance with 4 this clause. 5 (9) If the Company does not apply for a 6 mining lease as contemplated by this 7 clause by the latest date for such 8 application under subclause (1), then 9 exploration licence number 70/1247 shall 10 on that date be deemed surrendered (if then 11 still current) in respect of all of that part of 12 Area A shown cross hachured on the Plan. 13 Royalties on Shell Sand or Alternative Material 14 6E. The Company shall in respect of all shell sand 15 mined by the Company from within Area A 16 (excluding the area shown cross hachured on the 17 Plan), from the mining lease or otherwise 18 pursuant to this Agreement, and on all alternative 19 material mined by the Company on Crown land 20 pursuant to this Agreement, pay to the State 21 royalties at the rates from time to time prescribed 22 under the Mining Act and shall comply with the 23 provisions of the Mining Act and regulations 24 made thereunder with respect to the filing of 25 production reports and payment of royalties 26 provided that: 27 (a) the quantity of shell sand or alternative 28 material on which royalty is to be paid is 29 that quantity which has been fully prepared 30 for presentation to kiln processes 31 quantified at the nearest measurement 32 point prior to kiln entry and adjusted to a 33 dry basis; and 34 (b) royalties on shell sand so mined shall be 35 paid at the rates from time to time 36 prescribed under the Mining Act as 37 payable in respect of limestone used for page 18 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 metallurgical purposes as a neutralising 2 agent. 3 This clause does not limit any obligation that the 4 Company may have under the Mining Act or any 5 other Act to pay royalties in respect of shell sand 6 or alternative material mined by the Company 7 from the area shown cross hachured on the Plan 8 before the grant of the mining lease, from Area B 9 or otherwise than pursuant to this Agreement or in 10 respect of other minerals mined by the Company. 11 Continuation of Exploration Licences 12 6F. Each of the Exploration Licences shall in respect 13 of the land from time to time the subject thereof 14 and subject to compliance by the Company with 15 the terms and conditions applicable thereto (as 16 modified by this clause) be, until the earlier of: 17 (a) its forfeiture under the Mining Act or other 18 Act under which it may from time to time 19 be held or its surrender in whole or 20 conversion in full to another title or titles; 21 and 22 (b) 11 December 2025 or the expiration of the 23 term of this Agreement if the Minister so 24 approves on application made by the 25 Company not earlier than 1 January 2024, 26 held under and subject to the provisions of the 27 Mining Act or other Act under which it may at 28 the time be held modified as follows: 29 (c) the Company shall not be required to 30 surrender any part or parts of the licence as 31 otherwise may be required by the Mining 32 Act or other Act under which it may from 33 time to time be held; 34 (d) the Company shall be entitled to 2 yearly 35 extensions of its term upon application for 36 such extension made by the Company in page 19 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 accordance with the Mining Act, or other 2 Act under which it may from time to time 3 be held; 4 (e) the Company shall not be required to 5 comply with any expenditure conditions 6 imposed by or under the Mining Act or 7 other Act under which it may from time to 8 time be held in regard thereto; 9 (f) any assignment or other disposal thereof 10 shall be subject to clause 15; and 11 (g) if during the term of a licence it ceases to 12 have the benefit of this clause pursuant to 13 paragraph (b) it shall continue in force 14 under and subject to the Mining Act or 15 other Act under which it is at the time held 16 for the balance of its term then current."; 17 (10) by inserting immediately above the re-designated 18 clause 6G, the following new heading: 19 "Surrender of lease from the Commonwealth"; 20 (11) in re-designated clause 6G by: 21 (a) inserting the subclause designation "(1)" before the 22 existing provisions; 23 (b) in the re-designated subclause (1) deleting "the 24 Schedule" and inserting "Schedule 1"; and 25 (c) inserting after the subclause (1) the following new 26 subclause: 27 "(2) On application made by the Company not 28 later than 31 December 2010 the State 29 shall grant to the Company an extension to 30 18 February 2031 of the term of the lease 31 and licence referred to in subclause (1) of 32 this clause which was granted to the 33 Company on 28 October 1988 (if such 34 lease and licence is then still current) page 20 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 subject to its provisions in respect of 2 earlier determination of its term and to it 3 being varied to also provide for 4 re-appraisement of the annual rent payable 5 thereunder in respect of each three (3) year 6 period of the extended term commencing 7 on 1 April 2011 and to confirm that the 8 rights conferred by it in respect of Lot 51 9 on L.T.O. Plan 14756 and Lot 56 on 10 L.T.O. Plan 14758 have ceased and 11 determined. The Company shall sign an 12 extension and variation of the lease and 13 licence in such form as the State shall 14 reasonably require. The State and the 15 Company may further vary that lease and 16 licence to provide for the Company's 17 rights under it in respect of Lot 61 on 18 L.T.O. Diagram 67078 to cease and 19 determine in exchange for the Company 20 being granted a pipeline easement over that 21 Lot 61, portion of Lot 51 on L.T.O. Plan 22 14756 and portion of Lot 501 on Deposited 23 Plan 56133 under the Land Act."; 24 (12) in clause 7: 25 (a) by deleting subclause (1); 26 (b) in subclause (2) by: 27 (i) inserting "(not being within Area A or Area 28 B)" after "aforesaid, or such other land"; 29 (ii) deleting in paragraph (c) "this subclause" 30 and substituting "subclause (2a)"; and 31 (iii) by deleting the semi-colon at the end of the 32 paragraph (2)(c) and all the words in that 33 paragraph immediately after that 34 semi-colon; 35 (c) by deleting the subclause designation "(2a)" and 36 substituting the subclause designation "(2b)"; and page 21 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (d) by inserting immediately before the redesignated 2 sub-clause (2b) the following new subclause (2a): 3 "(2a) The Company shall during the currency of 4 this Agreement in respect of: 5 (a) the works site; 6 (b) other sites approved pursuant to 7 clause 3(1) hereof; 8 (c) other land approved in accordance 9 with subclause (2) of this clause; and 10 (d) those parts of Area A referred to in 11 clause 6(1)(a) or approved by the 12 Authority as referred to in 13 clause 6(1)(b), 14 be exempted from all provisions of the 15 Mining Act (subject to subclause (2b) of 16 this clause) and of the Land Act (other than 17 the payment of royalties as provided in, 18 and any provision of the Mining Act 19 applying pursuant to, clause 6E and any 20 provision of the Mining Act and the Land 21 Act or either of them made applicable as a 22 condition of any approval of the State 23 given in accordance with subclause (2) of 24 this clause)." 25 (e) in the re-designated subclause (2b): 26 (i) by deleting "subclause (2)" and substituting 27 "subclause (2a)"; 28 (ii) by deleting "that subclause" and substituting 29 "subclause (2) of this clause"; and 30 (iii) by deleting in paragraph (ii) "Minister for 31 Minerals and Energy" and substituting 32 "Minister for Mines"; 33 (f) by deleting the heading "Expenditure Conditions" 34 immediately above subclause (3): page 22 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (g) in subclause (3): 2 (i) by deleting the bracket after "the Mining 3 Act" and substituting "but excluding the 4 mining lease and all other mining tenements 5 held by the Company pursuant to this 6 Agreement in respect of Area A or Area B) 7 held by the Company"; 8 (ii) by deleting "Minister for Minerals and 9 Energy" and substituting "Minister for 10 Mines"; and 11 (h) by deleting the heading "Licences" immediately 12 above subclause (4); 13 (13) in clause 7A by inserting immediately above clause 7A 14 the following new heading: 15 "Disposal of part of works site"; 16 (14) in clause 10A: 17 (a) by inserting immediately above clause 10A, the 18 following new heading: 19 "Reporting on environmental measures"; 20 (b) by inserting "and" after the semi-colon in 21 paragraph (d); 22 (c) by inserting "and under the mining lease." 23 immediately after "hereof " in paragraph (e); and 24 (d) by deleting all the words immediately after 25 subclause (e) and replacing them with the 26 following: 27 "However, if the Company has already provided 28 such information under clause 6(8) it will be 29 sufficient for the Company to respond by reference 30 to the relevant programme, plan or report already 31 provided. As and when required by the Minister 32 the Company shall liaise and cooperate with the 33 Minister on measures it is taking and take page 23 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 additional reasonable measures with respect to the 2 monitoring, protection and management of the 3 environment arising from its operations."; 4 (15) in clause 10B: 5 (a) by inserting immediately above clause 10B, the 6 following heading: 7 "Modification, expansion or variation of 8 operations"; 9 (b) by inserting in subclause (2) "(including without 10 limitation the EP Act)" after "all applicable laws"; 11 (c) by inserting in subclause (3) "subject to the EP Act 12 in respect of each proposal submitted" after "shall" 13 and immediately before the colon in the opening 14 words of that subclause; 15 (d) by deleting the full stop at the end of 16 subclause (3)(c) and substituting a comma and by 17 inserting at the end of subclause (3) the following 18 proviso: 19 "PROVIDED ALWAYS that where 20 implementation of any proposals pursuant to 21 subclause (1) of this clause have been approved 22 pursuant to the EP Act subject to conditions or 23 procedures, any approval or decision of the 24 Minister under this clause shall, if the case so 25 requires, incorporate a requirement that the 26 Company make such alterations to the proposals as 27 may be necessary to make them accord with those 28 conditions or procedures."; 29 (e) by deleting the full stop at the end of subclause (4) 30 and inserting the following at the end of that 31 subclause and immediately after "same": 32 "PROVIDED THAT: 33 (a) where a proposal is to be assessed under 34 part IV of the EP Act the Minister shall be page 24 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 required to give notice to the Company of 2 his decision in respect to the proposal within 3 2 months after the later happening of the 4 receipt of the proposal and the service on 5 him of an authority under section 45(7) of 6 the EP Act; and 7 (b) where implementation of a proposal by the 8 State will or may require the State to do any 9 act which affects any native title rights and 10 interests the Minister shall be required to 11 give notice to the Company of his decision 12 in respect to the proposal not later than 13 2 months after the later happening of the 14 receipt of the proposal and the completion of 15 all processes required by laws relating to 16 native title to be undertaken by the State 17 before that act may be done by the State."; 18 (16) by inserting the following heading immediately above 19 subclause 10C: 20 "Compliance with the EP Act"; 21 (17) by inserting after clause 12 the following new clauses: 22 "No resumption 23 12A. Subject to the performance by the Company of its 24 obligations under this Agreement the State shall 25 not during the currency of this Agreement 26 without the consent of the Company resume or 27 suffer or permit to be resumed by any State 28 instrumentality or by any local or other authority 29 of the State any of the works installations plant 30 equipment or other property for the time being 31 belonging to the Company and the subject of or 32 used for the purpose of this Agreement nor any 33 lands or sea bed the subject of any lease or 34 licence granted to the Company in terms of this 35 Agreement. page 25 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 Non-Interference with the Company's rights 2 12B (1) Subject to the performance by the 3 Company of its obligations under this 4 Agreement the State shall not during the 5 currency of this Agreement register or 6 grant or permit to be registered or granted 7 any lease or other mining tenement under 8 the Mining Act in respect of Area A 9 (excluding the area shown cross hachured 10 on the Plan) by which: 11 (a) any person will obtain any rights to 12 prospect or explore for, mine or take 13 shell sand; or 14 (b) any person will obtain any rights to 15 prospect or explore for, mine or take 16 other minerals unless the Minister 17 reasonably determines that it is not 18 likely to unduly prejudice or to 19 interfere with the operations of the 20 Company hereunder assuming the 21 taking by the Company of all 22 reasonable steps to avoid the 23 interference. 24 (2) Subject to the performance by the 25 Company of its obligations under this 26 Agreement the State shall not during the 27 currency of the mining lease register or 28 grant or permit to be registered or granted 29 any lease or other mining tenement under 30 the Mining Act in respect of the land the 31 subject of the mining lease by which any 32 person will obtain any rights to prospect or 33 explore for, mine or take other minerals 34 unless the Minister reasonably determines 35 that it is not likely to unduly prejudice or 36 to interfere with the operations of the 37 Company hereunder assuming the taking page 26 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 by the Company of all reasonable steps to 2 avoid the interference. 3 No discriminatory charges 4 12C. Except as provided in this Agreement the State 5 shall not impose, nor shall it permit or authorise 6 any of its agencies or instrumentalities or any 7 local government or authority of the State to 8 impose, discriminatory taxes, rates or charges of 9 any nature whatsoever on or in respect of the 10 titles, property or other assets, products materials 11 or services used or produced by or through the 12 activities of the Company in the conduct of its 13 business hereunder nor will the State take or 14 permit to be taken by any such State authority 15 any other discriminatory action which would 16 deprive the Company of the full enjoyment of the 17 rights granted or intended to be granted under 18 this Agreement. In the application of this clause 19 the conferral of rights upon parties to other 20 Government agreements (as defined in the 21 Government Agreements Act 1979) shall be 22 disregarded."; 23 (18) in clause 13: 24 (a) by deleting: 25 (i) "the Minister for Works and the Authority" 26 and substituting "the Port Authorities 27 Minister, the Authority, the Minister for 28 Mines and the Minister"; 29 (ii) "wish" and substituting "with"; and 30 (b) by inserting the following new sentence at the end 31 of the existing provisions: 32 "The Company will also indemnify and keep 33 indemnified the State and the Authority from and 34 against all liability (if any) to pay compensation to 35 native title holders (as defined in the Native Title 36 Act 1993 (Commonwealth)) for, or in respect of, page 27 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 the grant to, or exercise by, the Company of rights, 2 as referred to in clause 6(1), to dredge shell sand in 3 Area A."; and 4 (c) by inserting the subclause designation "(1)" before 5 the existing provisions and by inserting after 6 subclause 13(1) the following new subclause: 7 "(2) The Company shall indemnify the Authority 8 for any damage to the seabed, port works or 9 any loss or damage that the Authority suffers 10 as a result of the Shipping Channels or either 11 of them, port works or port services of the 12 Authority being obstructed or delayed 13 provided that: 14 (a) this indemnity only applies to loss or 15 damage that is caused by the 16 Company or an employee, agent or 17 contractor of the Company; and 18 (b) this indemnity shall not apply to 19 consequential damages, business 20 disruption or loss of profits."; 21 (19) in clause 14 by inserting the subclause designation "(1)" 22 before the existing provisions and by inserting after 23 subclause 14(1) the following new subclauses: 24 "(2) The Minister shall cause any agreement made 25 pursuant to subclause (1) of this clause in respect 26 of any addition to, variation or cancellation of the 27 provisions of this Agreement to be laid on the 28 Table of each House of Parliament within 29 12 sitting days next following its execution. 30 (3) Either House may, within 12 sitting days of that 31 House after the agreement has been laid before it, 32 pass a resolution disallowing the agreement, but if 33 after the last day on which the agreement might 34 have been disallowed neither House has passed 35 such a resolution the agreement shall have effect 36 from and after that last day."; page 28 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (20) in clause 15 by deleting the existing wording and 2 substituting the following: 3 "The Company shall not assign or otherwise dispose of 4 the whole or any part of its rights hereunder (including 5 without limitation to or as the holder of the mining lease 6 or of the Exploration Licences while such licences have 7 the benefit of clause 6F), without the prior consent of the 8 Minister and, in the case of rights conferred by clause 6 9 hereof, without also the prior consent of the Port 10 Authorities Minister and the Authority. The Minister, the 11 Port Authorities Minister and the Authority may each of 12 them in their absolute discretion give or withhold consent 13 or give consent subject to such conditions as they may 14 determine. Notwithstanding the provisions of the Mining 15 Act insofar as the same may apply, no assignment or 16 other disposal made or given by the Company pursuant to 17 this clause of or over the mining lease or any of the 18 Exploration Licences shall require any approval or 19 consent other than such consent as may be necessary 20 under this clause."; 21 (21) in clause 16: 22 (a) by deleting "the State" and substituting "the 23 Minister"; and 24 (b) by deleting the comma and all the words 25 immediately after "thinks fit"; 26 (22) in clause 18 by deleting "the Minister for Works or the 27 Authority" and substituting "the Port Authorities 28 Minister, the Authority, the Minister for Mines or the 29 Minister"; 30 (23) in clause 20: 31 (a) by inserting in paragraph (i) "or from the Minister" 32 after "from the State"; 33 (b) by deleting in paragraph (ii) "Minister for Works" 34 and substituting "Port Authorities Minister"; page 29 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (c) by deleting in paragraph (iii) the existing wording 2 and substituting the following: 3 "if from the Authority, be signed by the 4 chairperson of the board of directors of the 5 Authority or by the chief executive officer of the 6 Authority acting by direction of the board of 7 directors of the Authority"; and 8 (d) by amending the paragraph numbering from (i) to 9 (iv) to (a) to (d); 10 (24) by inserting after clause 20 the following new clauses: 11 "Determination of Agreement" 12 21. (1) In any of the following events namely if: 13 (a) (i) the Company makes default 14 which the State considers 15 material in the due 16 performance or observance of 17 any of its covenants or 18 obligations in this Agreement 19 or in the mining lease or in 20 the Company's lease and 21 licence referred to in 22 clause 6G; 23 (ii) the Company abandons or 24 repudiates this Agreement or 25 its activities under this 26 Agreement, 27 and such default is not remedied or 28 such activities resumed within a 29 period of 6 months after notice is 30 given by the State as provided in 31 subclause (2) or, if the default or 32 abandonment is referred to 33 arbitration, then within the period 34 mentioned in subclause (3); or page 30 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (b) the Company goes into liquidation 2 (other than a voluntary liquidation 3 for the purpose of reconstruction) 4 and unless within 6 months from the 5 date of such liquidation the interest 6 of the Company is assigned to an 7 assignee approved by the Minister 8 under clause 15, 9 the State may by notice to the Company 10 determine this Agreement. 11 (2) The notice to be given by the State in 12 terms of paragraph (a) of subclause (1) 13 shall specify the nature of the default or 14 other ground so entitling the State to 15 exercise such right of determination and 16 where appropriate and known to the State 17 the party or parties responsible therefor 18 and shall be given to the Company and all 19 such assignees and disponees for the time 20 being of the Company's rights under this 21 Agreement to or in favour of whom or by 22 whom an assignment or disposition has 23 been effected in terms of clause 15, whose 24 name and address for service of notice has 25 previously been notified to the State by the 26 Company or any such assignee or 27 disponee. 28 (3) (a) If the Company contests the alleged 29 default abandonment or repudiation 30 referred to in paragraph (a) of 31 subclause (1) it shall within 60 days 32 after notice given by the State as 33 provided in subclause (2) refer the 34 matter in dispute to arbitration. 35 (b) If the question is decided against the 36 Company, the Company shall 37 comply with the arbitration award 38 within a reasonable time to be fixed page 31 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 by that award PROVIDED THAT if 2 the arbitrator finds that there was a 3 bona fide dispute and that the 4 Company was not dilatory in 5 pursuing the arbitration, the time for 6 compliance with the arbitration 7 award shall not be less than 90 days 8 from the date of such award. 9 (4) If the default referred to in paragraph (a) of 10 subclause (1) shall not have been remedied 11 after receipt of the notice referred to in that 12 subclause or within the time fixed by the 13 arbitration award as aforesaid the State 14 instead of determining this Agreement as 15 aforesaid because of such default may 16 itself remedy such default or cause the 17 same to be remedied (for which purpose 18 the State by agents workmen or otherwise 19 shall have full power to enter upon lands, 20 water or seabed occupied by the Company 21 and to make use of all plant machinery 22 equipment and installations thereon) and 23 the actual costs and expenses incurred by 24 the State in remedying or causing to be 25 remedied such default shall be a debt 26 payable by the Company to the State on 27 demand. 28 Effect of determination or cessation of Agreement 29 22. (1) On the determination or cessation of this 30 Agreement: 31 (a) (i) subject to paragraph (b), 32 except as otherwise agreed by 33 the Minister the rights of the 34 Company to in or under this 35 Agreement and the rights of 36 the Company or any 37 mortgagee or chargee to in or 38 under the mining lease and page 32 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 any other lease licence or 2 other title or right granted 3 under or pursuant to this 4 Agreement shall thereupon 5 cease and determine but 6 without prejudice to the 7 liability of any of the parties 8 hereto in respect of any 9 antecedent breach or default 10 under this Agreement or in 11 respect of any indemnity 12 given under this Agreement; 13 (ii) the Company shall forthwith 14 pay to the State all moneys 15 which may then have become 16 payable or accrued due; and 17 (iii) save as aforesaid and as 18 otherwise provided in this 19 Agreement none of the parties 20 shall have any claim against 21 the others of them with 22 respect to any matter or thing 23 in or arising out of this 24 Agreement; and 25 (b) each of the Exploration Licences 26 that the Company holds on the 27 cessation or determination of this 28 Agreement and which immediately 29 beforehand had the benefit of 30 clause 6F shall continue in force 31 under and subject to the Mining Act 32 or other Act under which it is held 33 for the balance of its term then 34 current and any renewals granted 35 pursuant to any such Act but without 36 the benefit of the rights and 37 privileges conferred by this 38 Agreement. page 33 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 (2) Subject to the provisions of subclause (3) 2 and the provisions of the Company's lease 3 and licence referred to in clause 6G, upon 4 the cessation or determination of this 5 Agreement except as otherwise determined 6 by the Minister all buildings erections and 7 other improvements erected on any land 8 then occupied by the Company under the 9 mining lease or any other lease licence 10 easement grant or other title made under or 11 pursuant to this Agreement shall become 12 and remain the absolute property of the 13 State without the payment of any 14 compensation or consideration to the 15 Company or any other party and free and 16 discharged from all mortgages and other 17 encumbrances and the Company shall do 18 and execute all such deeds documents and 19 other acts matters and things (including 20 surrenders) as the State may reasonably 21 require to give effect to the provisions of 22 this subclause. 23 (3) Subject to the provisions of the Company's 24 lease and licence referred to in clause 6G, 25 in the event of the Company immediately 26 prior to the cessation or determination of 27 this Agreement or subsequently thereto 28 desiring to remove any of its fixed or 29 movable plant and equipment or any part 30 thereof from any part of the land occupied 31 by it at the date of such cessation or 32 determination it shall give to the State 33 notice of such desire and thereby shall 34 grant to the State the right or option 35 exercisable within 3 months thereafter to 36 purchase in situ such fixed or moveable 37 plant and equipment at a fair valuation to 38 be agreed between the parties or failing 39 agreement determined by arbitration under 40 this Agreement. page 34 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 Term of this Agreement 2 23. (1) Subject to the provisions of this Agreement 3 relating to sooner determination this 4 Agreement shall expire on 5 18 February 2031. 6 (2) Unless this Agreement has already 7 determined the State will, at the request of 8 the Company made after 1 January 2024, 9 confer with the Company with respect to 10 agreeing to commence negotiations for an 11 extension of the term of this Agreement. 12 Clause 17 shall not apply to this subclause. 13 Applicable law 14 24. This Agreement shall be interpreted according to 15 the law for the time being in force in the State of 16 Western Australia."; and 17 (25) by redesignating the existing Schedule to the Agreement 18 as "Schedule 1" and inserting immediately after that 19 Schedule the following new Schedule: 20 "SCHEDULE 2 21 WESTERN AUSTRALIA 22 MINING ACT 1978 23 CEMENT WORKS 24 (COCKBURN CEMENT LIMITED) 25 AGREEMENT ACT 1971 26 MINING LEASE 27 MINING LEASE NO. 28 The Minister a corporation sole established by the Mining 29 Act 1978 (hereinafter called "the Mining Act") with 30 power to grant leases of land for the purposes of mining 31 in consideration of the rents hereinafter reserved and of 32 the covenants on the part of the Lessee described in the page 35 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 First Schedule to this lease and of the conditions 2 hereinafter contained and pursuant to the Mining Act 3 (except as otherwise provided by the Agreement 4 (hereinafter called "the Agreement") described in the 5 Second Schedule to this lease) hereby leases to the 6 Lessee the land more particularly delineated and 7 described in the Third Schedule to this lease for shell 8 sand subject however to the exceptions and reservations 9 set out in the Fourth Schedule to this lease and to any 10 other exceptions and reservations which are by the 11 Mining Act and by any Act for the time being in force 12 deemed to be contained herein to hold to the Lessee this 13 lease for a term commencing on the date set out in part A 14 of the Fifth Schedule to this lease and expiring on the 15 date set out in Part B of the Fifth Schedule to this lease 16 (subject to the sooner determination of the said term upon 17 the earlier determination of the Agreement) upon and 18 subject to such of the provisions of the Mining Act 19 except as otherwise provided by the Agreement as are 20 applicable to mining leases granted thereunder and to the 21 terms covenants and conditions set out in the Agreement 22 and to the covenants and conditions herein contained or 23 implied and any further conditions or stipulations set out 24 in the Sixth Schedule to this lease the Lessee paying 25 therefor the rents for the time being and from time to time 26 prescribed pursuant to the provisions of the Mining Act at 27 the times and in the manner so prescribed and royalties as 28 provided in the Agreement PROVIDED ALWAYS that 29 this lease shall not be determined or forfeited otherwise 30 than in accordance with the Agreement. 31 In this lease - 32 "Lessee" includes the successors and permitted assigns of 33 the Lessee. 34 If the Lessee be more than one the liability of the Lessee 35 hereunder shall be joint and several. 36 Reference to an Act includes all amendments to that Act 37 for the time being in force and also any Act passed in 38 substitution therefor or in lieu thereof and to the page 36 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 regulations and by-laws for the time being in force 2 thereunder. 3 FIRST SCHEDULE 4 (Name and address of "the Lessee") 5 SECOND SCHEDULE 6 The agreement ratified by the Cement Works (Cockburn 7 Cement Limited) Agreement Act 1971, as varied. 8 THIRD SCHEDULE 9 (Description of land:) 10 Locality: 11 Mineral Field: Area, etc.: 12 Being the land delineated on Survey Diagram No. 13 and recorded in the Department of [ ], Perth. 14 FOURTH SCHEDULE 15 All petroleum as defined in the Petroleum (Submerged 16 Lands) Act 1982 on or below the surface of the land the 17 subject of this lease is reserved to the Crown in right of 18 the State of Western Australia with the right of the 19 Crown in right of the State of Western Australia and any 20 person lawfully claiming thereunder or otherwise 21 authorized to do so to have access to the land the subject 22 of this lease for the purpose of searching for and for the 23 operations of obtaining petroleum (as so defined) in any 24 part of the land." 25 FIFTH SCHEDULE 26 Part A: Commencement date: 27 Part B: Expiration date: 18 February 2031 page 37 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 SIXTH SCHEDULE 2 Pursuant to section 25 of the Mining Act the Minister 3 consents to the Lessee mining for shell sand in 4 accordance with the Agreement subject to the following 5 terms and conditions (terms and conditions, consistent 6 with the Agreement, imposed by the Minister on his 7 consent). 8 (Any further conditions or stipulations as during the term 9 of the Agreement the Minister may, consistent with the 10 provisions of the Agreement, determine and thereafter 11 may impose pursuant to the Mining Act). 12 In witness whereof the Minister has affixed his seal and 13 set his hand hereto this day of 14 20 ." 15 5. Upon clause 4 of this Agreement coming into operation 16 ("variation date"), then notwithstanding the provisions of the 17 Mining Act 1978 and the Mining Regulations 1981: 18 (a) that part of the Company's exploration licence 19 number 70/1247 shown coloured grey on Plan D shall be 20 deemed to have been surrendered by the Company on the 21 variation date; and 22 (b) that part of the Company's exploration licence number 23 70/1136 shown coloured green on Plan D shall be 24 deemed to have been surrendered by the Company on the 25 variation date. 26 For the purposes of this clause Plan D means the plan marked 27 "D" initialled by or on behalf of the parties for the purpose of 28 identification. 29 EXECUTED as a deed. 30 SIGNED by THE HONOURABLE ) 31 COLIN JAMES BARNETT ) [Signature] 32 in the presence of: ) 33 [Signature] 34 _________________________________ 35 Name: Sean David page 38 Cement Works (Cockburn Cement Limited) Agreement Amendment Bill 2010 s. 6 1 SIGNED by THE HONOURABLE ) 2 SIMON MCDONNELL O'BRIEN ) [Signature] 3 in the presence of: ) 4 [Signature] 5 ___________________________________ 6 Name: Brett Barton 7 THE COMMON SEAL of ) 8 FREMANTLE PORT ) C.S. 9 AUTHORITY was hereunto affixed ) 10 in the presence of: ) 11 [Signature] 12 __________________________________ 13 Director 14 Name: Robert Pearce 15 [Signature] 16 __________________________________ 17 Secretary Chief Executive Officer 18 Name: Christopher Leatt-Hayter 19 THE COMMON SEAL of ) 20 COCKBURN CEMENT LIMITED ) C.S. 21 ACN 008 673 470 was hereunto ) 22 affixed in accordance with its constitution ) 23 in the presence of: ) 24 [Signature] 25 __________________________________ 26 Director 27 Name: Martin Brydon 28 [Signature] 29 __________________________________ 30 Director/Secretary 31 Name: Marcus Clayton 32 [Signature] 33 __________________________________ 34 Director 35 Name: Thomas Douglas 36
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