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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Iron Ore Agreements Legislation Amendment
Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Iron Ore
(Goldsworthy-Nimingarra)
Agreement Act 1972 amended
3. Act amended 3
4. Section 5 inserted 3
5. Variation of Agreement to increase rates
of royalty 3
Part 3 -- Iron Ore (Hamersley Range)
Agreement Act 1963 amended
5. Act amended 5
6. Section 2 amended 5
7. Sections 4A and 4B inserted 5
4A. Variation of Agreement to increase rates
of royalty 5
4B. Variation of Second Supplementary
Agreement to increase rates of royalty 6
Part 4 -- Iron Ore (Marillana Creek)
Agreement Act 1991 amended
8. Act amended 8
9. Section 6 inserted 8
6. Variation of Agreement to increase rates
of royalty 8
142--1 page i
Iron Ore Agreements Legislation Amendment Bill 2010
Contents
Part 5 -- Iron Ore (McCamey's
Monster) Agreement
Authorisation Act 1972 amended
10. Act amended 10
11. Section 7 inserted 10
7. Variation of Agreement to increase rates
of royalty 10
Part 6 -- Iron Ore (Mount Bruce)
Agreement Act 1972 amended
12. Act amended 12
13. Section 4A inserted 12
4A. Variation of Agreement to increase rates
of royalty 12
Part 7 -- Iron Ore (Mount
Goldsworthy) Agreement
Act 1964 amended
14. Act amended 14
15. Section 3 amended 14
16. Section 5A inserted 14
5A. Variation of Agreement to increase rates
of royalty 14
Part 8 -- Iron Ore (Mount Newman)
Agreement Act 1964 amended
17. Act amended 16
18. Section 2 amended 16
19. Section 4A inserted 16
4A. Variation of Agreement to increase rates
of royalty 16
Part 9 -- Iron Ore (Rhodes Ridge)
Agreement Authorisation
Act 1972 amended
20. Act amended 18
21. Section 4 inserted 18
4. Variation of Agreement to alter rates of
royalty 18
page ii
Iron Ore Agreements Legislation Amendment Bill 2010
Contents
Part 10 -- Iron Ore (Robe River)
Agreement Act 1964 amended
22. Act amended 20
23. Section 4A inserted 20
4A. Variation of Agreement to increase rates
of royalty 20
page iii
Western Australia
LEGISLATIVE ASSEMBLY
Iron Ore Agreements Legislation Amendment
Bill 2010
A Bill for
An Act to amend these Acts --
• the Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972;
• the Iron Ore (Hamersley Range) Agreement Act 1963;
• the Iron Ore (Marillana Creek) Agreement Act 1991;
• the Iron Ore (McCamey's Monster) Agreement Authorisation
Act 1972;
• the Iron Ore (Mount Bruce) Agreement Act 1972;
• the Iron Ore (Mount Goldsworthy) Agreement Act 1964;
• the Iron Ore (Mount Newman) Agreement Act 1964;
• the Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972;
• the Iron Ore (Robe River) Agreement Act 1964,
in order to alter certain rates of royalty, and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Iron Ore Agreements Legislation Amendment Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Iron Ore Agreements Legislation Amendment
4 Act 2010.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 comes into operation on the day on which this Act
8 receives the Royal Assent (assent day);
9 (b) the rest of the Act --
10 (i) comes into operation on 1 July 2010 if assent day
11 is not later than that day; or
12 (ii) is deemed to have come into operation on
13 1 July 2010 if assent day is later than that day.
page 2
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 Part 2
amended
s. 3
1 Part 2 -- Iron Ore (Goldsworthy-Nimingarra)
2 Agreement Act 1972 amended
3 3. Act amended
4 This Part amends the Iron Ore (Goldsworthy-Nimingarra)
5 Agreement Act 1972.
6 4. Section 5 inserted
7 After section 4 insert:
8
9 5. Variation of Agreement to increase rates of royalty
10 (1) In this section --
11 the Agreement means the agreement a copy of which is
12 set out in Schedule 1 --
13 (a) as varied from time to time in accordance with
14 its provisions; and
15 (b) as varied by the First Variation Agreement.
16 (2) Clause 33(1) of the Agreement is varied --
17 (a) in subparagraph (ii) by deleting "3.75%" and
18 inserting --
19
20 5.625%
21
22 (b) in subparagraph (iii) by deleting "3.25%" and
23 inserting --
24
25 5%
26
27 (3) Clause 33(1)(ii) and (iii) of the Agreement as varied by
28 subsection (2) operate and take effect despite --
29 (a) any other provision of the Agreement; and
page 3
Iron Ore Agreements Legislation Amendment Bill 2010
Part 2 Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972
amended
s. 4
1 (b) any other agreement or instrument; and
2 (c) any other Act or law.
3 (4) Nothing in this section affects the amount of royalty
4 payable under clause 33 of the Agreement in respect of
5 any period before the commencement of the Iron Ore
6 Agreements Legislation Amendment Act 2010 Part 2.
7
page 4
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 5
1 Part 3 -- Iron Ore (Hamersley Range) Agreement
2 Act 1963 amended
3 5. Act amended
4 This Part amends the Iron Ore (Hamersley Range) Agreement
5 Act 1963.
6 6. Section 2 amended
7 In section 2 delete "Act --" and insert:
8
9 Act, unless the contrary intention appears --
10
11 7. Sections 4A and 4B inserted
12 After section 3J insert:
13
14 4A. Variation of Agreement to increase rates of royalty
15 (1) In this section --
16 the Agreement means the agreement a copy of which is
17 set out in the First Schedule --
18 (a) as varied from time to time in accordance with
19 its provisions; and
20 (b) as varied by these agreements --
21 (i) the First Supplementary Agreement;
22 (ii) the Second Supplementary Agreement;
23 (iii) the Third Supplementary Agreement;
24 (iv) the Fourth Supplementary Agreement;
25 (v) the Fifth Supplementary Agreement;
26 (vi) the Sixth Supplementary Agreement;
27 (vii) the Seventh Supplementary Agreement;
page 5
Iron Ore Agreements Legislation Amendment Bill 2010
Part 3 Iron Ore (Hamersley Range) Agreement Act 1963 amended
s. 7
1 (viii) the Eighth Supplementary Agreement;
2 (ix) the Ninth Supplementary Agreement;
3 (x) the Tenth Supplementary Agreement.
4 (2) Clause 10(2)(j) of the Agreement is varied --
5 (a) in subparagraph (ii) by deleting "3.75%" and
6 inserting --
7
8 5.625%
9
10 (b) in subparagraph (iii) by deleting "3.25%" and
11 inserting --
12
13 5%
14
15 (3) Clause 10(2)(j)(ii) and (iii) of the Agreement as varied
16 by subsection (2) operate and take effect despite --
17 (a) any other provision of the Agreement; and
18 (b) any other agreement or instrument; and
19 (c) any other Act or law.
20 (4) Nothing in this section affects the amount of royalty
21 payable under clause 10 of the Agreement in respect of
22 any period before the commencement of the Iron Ore
23 Agreements Legislation Amendment Act 2010 Part 3.
24 4B. Variation of Second Supplementary Agreement to
25 increase rates of royalty
26 (1) In this section --
27 the Second Supplementary Agreement means the
28 agreement a copy of which is set out in the Third
29 Schedule --
30 (a) as varied from time to time in accordance with
31 its provisions; and
page 6
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Hamersley Range) Agreement Act 1963 amended Part 3
s. 7
1 (b) as varied by these agreements --
2 (i) the Third Supplementary Agreement;
3 (ii) the Fourth Supplementary Agreement;
4 (iii) the Fifth Supplementary Agreement;
5 (iv) the Sixth Supplementary Agreement;
6 (v) the Seventh Supplementary Agreement;
7 (vi) the Eighth Supplementary Agreement;
8 (vii) the Ninth Supplementary Agreement;
9 (viii) the Tenth Supplementary Agreement.
10 (2) Clause 7(4) of the Second Supplementary Agreement is
11 varied by deleting "(j)," and inserting --
12
13 (j) (as varied by the Iron Ore (Hamersley Range)
14 Agreement Act 1963 section 4A),
15
16 (3) Clause 7(4) of the Second Supplementary Agreement
17 as varied by subsection (2) operates and takes effect
18 despite --
19 (a) any other provision of the Agreement; and
20 (b) any other agreement or instrument; and
21 (c) any other Act or law.
22 (4) Nothing in this section affects the amount of royalty
23 payable under clause 7(4) of the Second
24 Supplementary Agreement in respect of any period
25 before the commencement of the Iron Ore Agreements
26 Legislation Amendment Act 2010 Part 3.
27
page 7
Iron Ore Agreements Legislation Amendment Bill 2010
Part 4 Iron Ore (Marillana Creek) Agreement Act 1991 amended
s. 8
1 Part 4 -- Iron Ore (Marillana Creek) Agreement
2 Act 1991 amended
3 8. Act amended
4 This Part amends the Iron Ore (Marillana Creek) Agreement
5 Act 1991.
6 9. Section 6 inserted
7 After section 5 insert:
8
9 6. Variation of Agreement to increase rates of royalty
10 (1) In this section --
11 Agreement means the agreement a copy of which is set
12 out in Schedule 1 --
13 (a) as varied from time to time in accordance with
14 its provisions; and
15 (b) as varied by these agreements --
16 (i) the First Variation Agreement;
17 (ii) the Second Variation Agreement.
18 (2) Clause 1 of the Agreement is varied by inserting in
19 alphabetical order --
20
21 "fine ore" means iron ore excluding beneficiated ore which
22 is nominally sized minus six millimetres;
23 "lump ore" means iron ore excluding beneficiated ore which
24 is nominally sized plus six millimetres minus thirty
25 millimetres;
26
page 8
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Marillana Creek) Agreement Act 1991 amended Part 4
s. 9
1 (3) Clause 13(1) of the Agreement is varied --
2 (a) in paragraph (a) by deleting "3.25%" and
3 inserting --
4
5 5%
6
7 (b) in paragraph (aa)(i) by deleting "5.625%" and
8 inserting --
9
10 7.5%
11
12 (c) after paragraph (aa) by inserting --
13
14 (ab) on lump ore at the rate of 7.5% of the
15 f.o.b. value;
16 (ac) on fine ore at the rate of 5.625% of the
17 f.o.b. value;
18
19 (4) Clause 13(1)(a) and (aa)(i) of the Agreement as varied,
20 and clause 13(1)(ab) and (ac) as inserted in the
21 Agreement, by subsection (3) operate and take effect
22 despite --
23 (a) any other provision of the Agreement; and
24 (b) any other agreement or instrument; and
25 (c) any other Act or law.
26 (5) Nothing in this section affects the amount of royalty
27 payable under clause 13 of the Agreement in respect of
28 any period before the commencement of the Iron Ore
29 Agreements Legislation Amendment Act 2010 Part 4.
30
page 9
Iron Ore Agreements Legislation Amendment Bill 2010
Part 5 Iron Ore (McCamey's Monster) Agreement Authorisation Act
1972 amended
s. 10
1 Part 5 -- Iron Ore (McCamey's Monster) Agreement
2 Authorisation Act 1972 amended
3 10. Act amended
4 This Part amends the Iron Ore (McCamey's Monster)
5 Agreement Authorisation Act 1972.
6 11. Section 7 inserted
7 After section 6 insert:
8
9 7. Variation of Agreement to increase rates of royalty
10 (1) In this section --
11 the Agreement means the Principal Agreement --
12 (a) as varied from time to time in accordance with
13 its provisions; and
14 (b) as varied by these agreements --
15 (i) the first Variation Agreement;
16 (ii) the second Variation Agreement;
17 (iii) the third Variation Agreement.
18 (2) Clause 31(1) of the Agreement is varied --
19 (a) in paragraph (aa)(ii) by deleting "3.75%" and
20 inserting --
21
22 5.625%
23
24 (b) after paragraph (aa) by inserting --
25
26 (ab) on iron ore products being fine ore and fines
27 where such fine ore or fines are sold or
28 shipped separately as such -- at the rate of
29 5.625% of the f.o.b. revenue (computed as
page 10
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (McCamey's Monster) Agreement Authorisation Act Part 5
1972 amended
s. 11
1 mentioned in paragraph (a) of this
2 subclause);
3 (ac) on iron ore products being iron ore
4 concentrates -- at the rate of 5% of the
5 f.o.b. revenue (computed as mentioned in
6 paragraph (a) of this subclause);
7
8 (3) Clause 31(1)(aa)(ii) of the Agreement as varied, and
9 clause 31(1)(ab) and (ac) as inserted in the Agreement,
10 by subsection (2) operate and take effect despite --
11 (a) any other provision of the Agreement; and
12 (b) any other agreement or instrument; and
13 (c) any other Act or law.
14 (4) Nothing in this section affects the amount of royalty
15 payable under clause 31 of the Agreement in respect of
16 any period before the commencement of the Iron Ore
17 Agreements Legislation Amendment Act 2010 Part 5.
18
page 11
Iron Ore Agreements Legislation Amendment Bill 2010
Part 6 Iron Ore (Mount Bruce) Agreement Act 1972 amended
s. 12
1 Part 6 -- Iron Ore (Mount Bruce) Agreement
2 Act 1972 amended
3 12. Act amended
4 This Part amends the Iron Ore (Mount Bruce) Agreement
5 Act 1972.
6 13. Section 4A inserted
7 After section 3B insert:
8
9 4A. Variation of Agreement to increase rates of royalty
10 (1) Clause 12(1)(h) of the Agreement is varied --
11 (a) in subparagraph (ii) by deleting "three and three
12 quarter per centum (3¾%)" and inserting --
13
14 5.625%
15
16 (b) in subparagraph (iii) by deleting "fifteen (15)
17 cents per ton;" and inserting --
18
19 5.625% of the f.o.b. revenue (computed as
20 aforesaid);
21
22 (c) in subparagraph (iv) by deleting "fifteen (15)
23 cents per ton;" and inserting --
24
25 5% of the f.o.b. revenue (computed as aforesaid);
26
27 (2) Clause 12(1)(h)(ii), (iii) and (iv) of the Agreement as
28 varied by subsection (1) operate and take effect
29 despite --
30 (a) any other provision of the Agreement; and
page 12
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Mount Bruce) Agreement Act 1972 amended Part 6
s. 13
1 (b) any other agreement or instrument; and
2 (c) any other Act or law.
3 (3) Nothing in this section affects the amount of royalty
4 payable under clause 12 of the Agreement in respect of
5 any period before the commencement of the Iron Ore
6 Agreements Legislation Amendment Act 2010 Part 6.
7
page 13
Iron Ore Agreements Legislation Amendment Bill 2010
Part 7 Iron Ore (Mount Goldsworthy) Agreement Act 1964 amended
s. 14
1 Part 7 -- Iron Ore (Mount Goldsworthy) Agreement
2 Act 1964 amended
3 14. Act amended
4 This Part amends the Iron Ore (Mount Goldsworthy) Agreement
5 Act 1964.
6 15. Section 3 amended
7 In section 3 delete "Act --" and insert:
8
9 Act, unless the contrary intention appears --
10
11 16. Section 5A inserted
12 After section 4C insert:
13
14 5A. Variation of Agreement to increase rates of royalty
15 (1) In this section --
16 the Agreement means the agreement a copy of which is
17 set out in the First Schedule --
18 (a) as varied from time to time in accordance with
19 its provisions; and
20 (b) as varied by these agreements --
21 (i) the first Variation Agreement;
22 (ii) the second Variation Agreement;
23 (iii) the third Variation Agreement.
24 (2) Clause 9(2)(j) of the Agreement is varied --
25 (a) in subparagraph (ii) by deleting "3.75%" and
26 inserting --
27
28 5.625%
29
page 14
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Mount Goldsworthy) Agreement Act 1964 amended Part 7
s. 16
1 (b) in subparagraph (iia)(B) by deleting "3.75%"
2 and inserting --
3
4 5.625%
5
6 (c) in subparagraph (iii) by deleting "3.25%" and
7 inserting --
8
9 5%
10
11 (3) Clause 9(2)(j)(ii), (iia)(B) and (iii) of the Agreement as
12 varied by subsection (2) operate and take effect
13 despite --
14 (a) any other provision of the Agreement; and
15 (b) any other agreement or instrument; and
16 (c) any other Act or law.
17 (4) Nothing in this section affects the amount of royalty
18 payable under clause 9 of the Agreement in respect of
19 any period before the commencement of the Iron Ore
20 Agreements Legislation Amendment Act 2010 Part 7.
21
page 15
Iron Ore Agreements Legislation Amendment Bill 2010
Part 8 Iron Ore (Mount Newman) Agreement Act 1964 amended
s. 17
1 Part 8 -- Iron Ore (Mount Newman) Agreement
2 Act 1964 amended
3 17. Act amended
4 This Part amends the Iron Ore (Mount Newman) Agreement
5 Act 1964.
6 18. Section 2 amended
7 In section 2 delete "Act --" and insert:
8
9 Act, unless the contrary intention appears --
10
11 19. Section 4A inserted
12 After section 3E insert:
13
14 4A. Variation of Agreement to increase rates of royalty
15 (1) In this section --
16 the Agreement means the agreement a copy of which is
17 set out in the First Schedule --
18 (a) as varied from time to time in accordance with
19 its provisions; and
20 (b) as varied by these agreements --
21 (i) the First Variation Agreement;
22 (ii) the Second Variation Agreement;
23 (iii) the Third Variation Agreement;
24 (iv) the Fourth Variation Agreement;
25 (v) the Fifth Variation Agreement.
page 16
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Mount Newman) Agreement Act 1964 amended Part 8
s. 19
1 (2) Clause 9(2)(j) of the Agreement is varied --
2 (a) in subparagraph (ii) by deleting "3.75%" and
3 inserting --
4
5 5.625%
6
7 (b) in subparagraph (iia)(B) by deleting "3.75%"
8 and inserting --
9
10 5.625%
11
12 (c) in subparagraph (iii) by deleting "3.25%" and
13 inserting --
14
15 5%
16
17 (3) Clause 9(2)(j)(ii), (iia)(B) and (iii) of the Agreement as
18 varied by subsection (2) operate and take effect
19 despite --
20 (a) any other provision of the Agreement; and
21 (b) any other agreement or instrument; and
22 (c) any other Act or law.
23 (4) Nothing in this section affects the amount of royalty
24 payable under clause 9 of the Agreement in respect of
25 any period before the commencement of the Iron Ore
26 Agreements Legislation Amendment Act 2010 Part 8.
27
page 17
Iron Ore Agreements Legislation Amendment Bill 2010
Part 9 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972
amended
s. 20
1 Part 9 -- Iron Ore (Rhodes Ridge) Agreement
2 Authorisation Act 1972 amended
3 20. Act amended
4 This Part amends the Iron Ore (Rhodes Ridge) Agreement
5 Authorisation Act 1972.
6 21. Section 4 inserted
7 After section 3 insert:
8
9 4. Variation of Agreement to alter rates of royalty
10 (1) In this section --
11 Agreement means the agreement referred to in
12 section 2 as varied from time to time in accordance
13 with its provisions.
14 (2) Section 21.01 of the Agreement is varied --
15 (a) in paragraph (b) by deleting "seven and one half
16 percentum (7½%)" and inserting --
17
18 5.625%
19
20 (b) in paragraph (c) by deleting "fifteen cents ($0.15)
21 per ton." and inserting --
22
23 5% of the FOB revenue (computed as aforesaid).
24
25 (c) in paragraph (d)(ii) by deleting "fifteen cents
26 ($0.15) per ton." and inserting --
27
28 5% of the FOB revenue (computed as aforesaid).
page 18
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 Part 9
amended
s. 21
1 (3) Section 21.01(b), (c) and (d)(ii) of the Agreement as
2 varied by subsection (2) operate and take effect
3 despite --
4 (a) any other provision of the Agreement; and
5 (b) any other agreement or instrument; and
6 (c) any other Act or law.
7 (4) Nothing in this section affects the amount of royalty
8 payable under section 21.01 of the Agreement in
9 respect of any period before the commencement of the
10 Iron Ore Agreements Legislation Amendment Act 2010
11 Part 9.
12
page 19
Iron Ore Agreements Legislation Amendment Bill 2010
Part 10 Iron Ore (Robe River) Agreement Act 1964 amended
s. 22
1 Part 10 -- Iron Ore (Robe River) Agreement
2 Act 1964 amended
3 22. Act amended
4 This Part amends the Iron Ore (Robe River) Agreement
5 Act 1964.
6 23. Section 4A inserted
7 After section 3E insert:
8
9 4A. Variation of Agreement to increase rates of royalty
10 (1) In this section --
11 the Agreement means the agreement a copy of which is
12 set out in the First Schedule --
13 (a) as varied from time to time in accordance with
14 its provisions; and
15 (b) as varied by these agreements --
16 (i) the first variation agreement;
17 (ii) the second variation agreement;
18 (iii) the third variation agreement;
19 (iv) the fourth variation agreement;
20 (v) the fifth variation agreement.
21 (2) Clause 9(2)(j) of the Agreement is varied --
22 (a) in subparagraph (ii) by deleting "three and three
23 quarter per centum (3¾%)" and inserting --
24
25 5.625%
26
page 20
Iron Ore Agreements Legislation Amendment Bill 2010
Iron Ore (Robe River) Agreement Act 1964 amended Part 10
s. 23
1 (b) in subparagraph (iii) by deleting "aforesaid);"
2 and inserting --
3
4 aforesaid) until 30 June 2010 and thereafter at the
5 rate of 5.625% of the f.o.b. value (computed as
6 aforesaid);
7
8 (c) in subparagraph (iv) by deleting "one shilling
9 and sixpence (1/6d) per ton;" and inserting --
10
11 5% of the f.o.b. value (computed as aforesaid);
12
13 (3) Clause 9(2)(j)(ii), (iii) and (iv) of the Agreement as
14 varied by subsection (2) operate and take effect
15 despite --
16 (a) any other provision of the Agreement; and
17 (b) any other agreement or instrument; and
18 (c) any other Act or law.
19 (4) Nothing in this section affects the amount of royalty
20 payable under clause 9 of the Agreement in respect of
21 any period before the commencement of the Iron Ore
22 Agreements Legislation Amendment Act 2010 Part 10.
23
24
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