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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia North West Gas Development (Woodside) Agreement Amendment Bill 2019 Contents 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 2 amended 2 5. Section 6B inserted 2 6B. Fifth Supplementary Agreement 2 6. Schedule 6 inserted 3 Schedule 6 -- Fifth Supplementary Agreement 140--1 page i Western Australia LEGISLATIVE ASSEMBLY North West Gas Development (Woodside) Agreement Amendment Bill 2019 A Bill for An Act to amend the North West Gas Development (Woodside) Agreement Act 1979. The Parliament of Western Australia enacts as follows: page 1 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 1 1 1. Short title 2 This is the North West Gas Development (Woodside) Agreement 3 Amendment Act 2019. 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 North West Gas Development (Woodside) 11 Agreement Act 1979. 12 4. Section 2 amended 13 In section 2 insert in alphabetical order: 14 15 the Fifth Supplementary Agreement means the 16 agreement a copy of which is set out in Schedule 6; 17 18 5. Section 6B inserted 19 After section 6A insert: 20 21 6B. Fifth Supplementary Agreement 22 (1) The Fifth Supplementary Agreement is ratified. 23 (2) The implementation of the Fifth Supplementary 24 Agreement is authorised. page 2 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 (3) Without limiting or otherwise affecting the application 2 of the Government Agreements Act 1979, the Fifth 3 Supplementary Agreement operates and takes effect 4 despite any other Act or law. 5 6 6. Schedule 6 inserted 7 After Schedule 5 insert: 8 9 Schedule 6 -- Fifth Supplementary Agreement 10 [s. 2] 11 2019 12 13 THE HONOURABLE MARK McGOWAN 14 PREMIER OF THE STATE OF WESTERN AUSTRALIA 15 AND 16 WOODSIDE ENERGY LTD. 17 ACN 005 482 986 18 SHELL AUSTRALIA PTY LTD 19 ACN 009 663 576 20 BHP BILLITON PETROLEUM (NORTH WEST SHELF) PTY. LTD. 21 ACN 004 514 489 22 BP DEVELOPMENTS AUSTRALIA PTY. LTD. 23 ACN 081 102 856 24 CHEVRON AUSTRALIA PTY LTD 25 ACN 086 197 757 26 JAPAN AUSTRALIA LNG (MIMI) PTY. LTD. 27 ACN 006 303 180 28 page 3 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 2 3 NORTH WEST GAS DEVELOPMENT (WOODSIDE) 4 AGREEMENT 1979 5 RATIFIED VARIATION AGREEMENT 6 7 8 [Solicitor's details] 9 10 THIS AGREEMENT is made this 9th day of September 2019 11 12 BETWEEN 13 14 THE HONOURABLE MARK McGOWAN, BA, LLB, M.L.A., Premier of 15 the State of Western Australia, acting for and on behalf of the said State and its 16 instrumentalities from time to time (the "State") of the one part 17 AND 18 WOODSIDE ENERGY LTD. ACN 005 482 986 of 11 Mount Street, Perth, 19 Western Australia, SHELL AUSTRALIA PTY LTD ACN 009 663 576 of 20 562 Wellington Street, Perth, Western Australia, BHP BILLITON 21 PETROLEUM (NORTH WEST SHELF) PTY. LTD. ACN 004 514 489 of 22 125 St Georges Terrace, Perth, Western Australia, BP DEVELOPMENTS 23 AUSTRALIA PTY. LTD. ACN 081 102 856 of Level 15, 240 St Georges 24 Terrace, Perth, Western Australia, CHEVRON AUSTRALIA PTY LTD 25 ACN 086 197 757 of Level 24, 250 St Georges Terrace, Western Australia and 26 JAPAN AUSTRALIA LNG (MIMI) PTY. LTD. ACN 006 303 180 of 27 Level 41, 152-158 St Georges Terrace, Perth, Western Australia (together 28 collectively called the "Joint Venturers") of the other part. 29 page 4 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 RECITALS 2 A. The parties to this Agreement are now the parties to the agreement 3 (herein called the "1979 Agreement") dated 27 November 1979, the 4 execution of which by the State was ratified by the North West Gas 5 Development (Woodside) Agreement Act 1979, as varied by: 6 (a) the agreement dated 15 September 1982 entered into pursuant 7 to the provisions of clause 27 of the 1979 Agreement; 8 (b) the agreement dated 3 July 1985 which was ratified by the 9 North West Gas Development (Woodside) Agreement 10 Amendment Act 1985; 11 (c) the agreement dated 23 November 1994 which was ratified 12 by the North West Gas Development (Woodside) Agreement 13 Amendment Act 1994; 14 (d) the agreement dated 29 May 1996 which was ratified by the 15 North West Gas Development (Woodside) Agreement 16 Amendment Act 1996; 17 (e) the agreement dated 30 May 2002 entered into pursuant to the 18 provisions of clause 27 of the 1979 Agreement; and 19 (f) the agreement dated 20 November 2014, which was ratified 20 by the North West Gas Development (Woodside) Agreement 21 Amendment Act 2015. 22 The 1979 Agreement as so varied is hereinafter referred to as the 23 "Principal Agreement". 24 B. The parties wish to vary the provisions of the Principal Agreement on 25 the terms and conditions set out in this Agreement. 26 THE PARTIES AGREE AS FOLLOWS: 27 1. Ratification and operation 28 (1) This Agreement, other than this clause, does not come into operation 29 except in accordance with subclause (2). 30 (2) This Agreement, other than this clause, comes into operation on the 31 day on which it is ratified by an Act of the Parliament of Western page 5 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 Australia ("Operative Date") unless, before that day, it terminates 2 under subclauses (4) or (5). 3 (3) The State must introduce in the Parliament of Western Australia 4 before 31 October 2019 or a later date agreed between the parties to 5 this Agreement, a Bill to ratify this Agreement and must endeavour to 6 secure its passage as an Act. 7 (4) If by 31 March 2020 this Agreement has not been ratified by an Act 8 of the Parliament of Western Australia then, unless the parties to this 9 Agreement otherwise agree, this Agreement terminates on that day 10 and no party hereto will have any claim against any other party hereto 11 with respect to any matter or thing arising out of, done, performed, or 12 omitted to be done or performed under this Agreement. 13 (5) The parties agree that if the Principal Agreement is otherwise 14 determined in accordance with its provisions on a day prior to the 15 Operative Date, then this Agreement shall also terminate on and from 16 that day and no party hereto will have any claim against any other 17 party hereto with respect to any matter or thing arising out of, done, 18 performed, or omitted to be done or performed under this Agreement. 19 2. Variations of the Principal Agreement 20 The Principal Agreement is hereby varied as follows: 21 (1) in clause 1 by inserting in the appropriate alphabetical positions the 22 following new definitions: 23 "Second Variation Agreement" means the variation agreement made 24 on or about 16 September 2019 between the Honourable Mark 25 McGowan, Premier of Western Australia acting for an on behalf of 26 the said State and its instrumentalities from time to time and the Joint 27 Venturers;" 28 "Second Variation Date" means the date on which clause 2 of the 29 Second Variation Agreement comes into operation;" 30 (2) by inserting after clause 11 the following new clauses: 31 "11A. Community development plan 32 (1) In this clause, the term "community and social benefits" 33 includes: page 6 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 (a) assistance with skills development and training 2 opportunities to promote work readiness and 3 employment for persons living in the Pilbara region 4 of the said State; 5 (b) training and employment for indigenous and non- 6 indigenous persons living in the Pilbara region of the 7 said State; 8 (c) regional development activities in the Pilbara region 9 of the said State, including partnerships and 10 sponsorships and local procurement of goods and 11 services; 12 (d) contribution to any community projects, town 13 services or facilities; and 14 (e) a regionally based workforce. 15 (2) The Joint Venturers acknowledge the need for 16 community and social benefits flowing from this 17 Agreement. 18 (3) The Joint Venturers agree that: 19 (a) they shall prepare a draft plan which describes the 20 Joint Venturers' proposed strategies for achieving 21 community and social benefits in connection with 22 their activities under this Agreement; 23 (b) within 2 months after the Second Variation Date, 24 they shall confer with the Minister in respect of the 25 draft plan; and 26 (c) they shall, following such conferral and within 27 3 months after the Second Variation Date, provide to 28 the Minister a plan describing the Joint Venturers' 29 strategies for achieving community and social 30 benefits in connection with their activities under this 31 Agreement. 32 (4) At least 3 months before the anticipated submission of 33 additional proposals under clause 9, the Joint Venturers 34 must, unless the Minister otherwise requires, give to the page 7 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 Minister information about how the proposed activities 2 may affect the plan provided to the Minister under this 3 clause. This obligation operates in relation to all 4 additional proposals submitted on or after the date that is 5 4 months after the date when a plan is first provided 6 under this clause. 7 (5) During the currency of this Agreement, the Joint 8 Venturers shall implement the plan provided to the 9 Minister under this clause. 10 (6) The Joint Venturers shall at least annually report to the 11 Minister about the Joint Venturers' implementation of the 12 plan provided to the Minister under this clause. 13 (7) At the request of either of them made at any time and 14 from time to time, the Minister and the Joint Venturers 15 shall confer as to any amendments desired to any plan 16 provided to the Minister under this clause and following 17 such conferral the Joint Venturers may provide to the 18 Minister an amended or a new plan. Any such amended 19 plan or new plan will be deemed to be the plan provided 20 to the Minister under this clause. 21 11B. Local participation plan 22 (1) In this clause, the term "local industry participation 23 benefits" means: 24 (a) the use and training of labour available within the 25 said State; 26 (b) the use of the services of engineers, surveyors, 27 architects and other professional consultants, experts, 28 specialists, project managers and contractors 29 available within the said State; and 30 (c) the procurement of works, materials, plant, 31 equipment and supplies from Western Australian 32 suppliers, manufacturers and contractors. 33 (2) The Joint Venturers acknowledge the need for local 34 industry participation benefits flowing from this 35 Agreement. page 8 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 (3) The Joint Venturers agree that within 3 months after the 2 Second Variation Date they shall prepare and provide to 3 the Minister a plan which contains: 4 (a) a clear statement on the strategies which the Joint 5 Venturers will use, and require a third party as 6 referred to in clause 12(2a) to use, as far as it is 7 reasonable and economically practicable so to do, to 8 maximise the uses and procurement referred to in 9 subclause (1); 10 (b) detailed information on the procurement practices the 11 Joint Venturers will adopt, and require a third party 12 as referred to in clause 12(2a) to adopt, in calling for 13 tenders and letting contracts for works, materials, 14 plant, equipment and supplies and how such 15 practices will provide full, fair and reasonable 16 opportunity for suitably qualified Western Australian 17 suppliers, manufacturers and contractors to tender or 18 quote for works, materials, plant, equipment and 19 supplies; 20 (c) detailed information on the methods the Joint 21 Venturers will use, and require a third party as 22 referred to in clause 12(2a) to use, to have their 23 respective procurement officers promptly introduced 24 to Western Australian suppliers, manufacturers and 25 contractors seeking such introduction; and 26 (d) details of the communication strategies the Joint 27 Venturers will use, and require a third party as 28 referred to in clause 12(2a) to use, to alert Western 29 Australian engineers, surveyors, architects and other 30 professional consultants, experts, specialists, project 31 managers and consultants and Western Australian 32 suppliers, manufacturers and contractors to services 33 opportunities and procurement opportunities 34 respectively as referred to in subclause (1). 35 It is acknowledged by the Joint Venturers that the 36 strategies of the Joint Venturers referred to in 37 subclause (3)(a) will include strategies of the Joint page 9 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 Venturers in relation to supply of services, labour, works, 2 materials, plant, equipment or supplies for the purposes 3 of this Agreement. 4 (4) During the currency of this Agreement the Joint 5 Venturers shall implement the plan provided under this 6 clause. 7 (5) At the request of either of them made at any time and 8 from time to time, the Minister and the Joint Venturers 9 shall confer as to any amendments desired to any plan 10 provided under this clause and may agree to the 11 amendment of the plan or the provision of a new plan in 12 substitution for the one previously provided. 13 (6) At least 3 months before the anticipated submission of 14 additional proposals under clause 9 (or such lesser period 15 as the Minister may, at the request of the Joint Venturers, 16 approve in respect of any such anticipated proposals), the 17 Joint Venturers must, unless the Minister otherwise 18 requires, give to the Minister information about the 19 implementation of the plan provided under this clause in 20 relation to the activities to be the subject of such 21 proposals. This obligation operates in relation to all 22 additional proposals submitted on or after the date that is 23 4 months after the date when a plan is first provided 24 under this clause." 25 (3) in clause 12 by: 26 (a) in clause 12(1)(c), after the words "contractors are given" 27 inserting the words "full, fair and"; 28 (b) in clause 12(1)(d), deleting "and where possible preference"; 29 (c) after clause 12(2), inserting the following new subclause (2a): 30 "Except as otherwise agreed by the Minister, the Joint 31 Venturers shall, in every contract entered into with a third 32 party after the Second Variation Date for the supply of 33 services, labour, works, materials, plant, equipment and 34 supplies for the purposes of this Agreement require as a 35 condition thereof that such third party shall undertake page 10 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 procurement activities in accordance with the relevant plan 2 under clause 11B as and from the date of its provision to the 3 Minister and shall report to the Joint Venturers concerning 4 their implementation of that condition." 5 (d) in clause 12(3), after the words "provisions of this Clause" 6 inserting the words "and of the relevant plan provided 7 pursuant to clause 11B" and also deleting the words 8 "subclause (2) of"; and 9 (e) after clause 12(3), inserting the following new subclause (4): 10 "The Joint Venturers acknowledge that nothing in this 11 Agreement shall be taken to limit the rights of the State to 12 enact general legislation in substitution for or modification 13 of, in whole or in part, the provisions of this Agreement 14 (including clauses 11B and 12) relating to local 15 participation." 16 (4) by inserting after clause 18(4) the following new subclause (5): 17 18 "Cessation of water supply requirements under this Agreement 19 20 (5)(a) The State and the Joint Venturers acknowledge that the Joint 21 Venturers and the Water Corporation (being the designated 22 statutory body) have entered into a Water Supply Agreement 23 dated 2 August 2019 which is intended to replace the rights 24 and obligations of the State (including the Water Corporation) 25 and the Joint Venturers under this Agreement in relation to 26 water supply and associated matters effective on and from the 27 Second Variation Date. 28 (b) On and from the Second Variation Date: 29 30 (i) the rights and obligations of the State (including the 31 Water Corporation) and the Joint Venturers under or 32 arising from: 33 34 (A) this Clause; and 35 page 11 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 (B) associated water supply-related requirements and 2 arrangements under approved proposals; 3 4 shall cease; and 5 6 (ii) the Joint Venturers shall remain liable for any accrued 7 liability or antecedent breach or default of their 8 obligations under or arising from: 9 10 (A) this Clause; and 11 12 (B) associated water supply-related requirements and 13 arrangements under approved proposals." 14 (5) in clause 22 by: 15 (a) deleting "except as to any part upon which a permanent 16 residence shall be erected or which is occupied in connection 17 with that residence and except as to any part upon which there 18 stands any improvements that are used in connection with a 19 commercial undertaking not directly related to the overall 20 project)" and substituting "except as to any part upon which is 21 situated a specified improvement as referred to below"; 22 (b) inserting the following as a new paragraph at the end of the 23 clause: 24 "For the purposes of this Clause the following 25 improvements are specified improvements: 26 (a) accommodation, recreation and administration facilities 27 and associated buildings; and 28 (b) maintenance workshops existing within 100 metres of 29 facilities of the type listed in paragraph (a) above." 30 (6) in clause 33 after the words "pursuant to any Act" inserting 31 "(including under the Environmental Protection Act 1986)"; page 12 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 1 (7) in clause 38 by: 2 (a) in clause 38(1): 3 (i) deleting "their umpire" and substituting "a third and 4 presiding arbitrator"; and 5 (ii) deleting "Arbitration Act 1895" and substituting 6 "Commercial Arbitration Act 2012"; and 7 (b) in clause 38(3), deleting the phrase "or umpire (as the case 8 may be)"; 9 (8) in clause 46(1) by: 10 (a) in clause 46(1), deleting "2034" and substituting "2059"; and 11 (b) in clause 46(2), deleting "2034" and substituting "2059"; and 12 (9) inserting the following at the end of clause 47 after the words "the 13 State of Western Australia": 14 15 "and except for matters to be referred to arbitration pursuant to this 16 Agreement the parties to this Agreement submit to the jurisdiction 17 of the courts of Western Australia in relation to any action or 18 proceeding to settle any dispute or question arising out of or in 19 connection with this Agreement". 20 21 EXECUTED as a deed. SIGNED by THE HONOURABLE ) MARK McGOWAN ) [Signature] in the presence of: ) [Signature] Signature of witness NADEEN LYN ROBERTS Name of witness page 13 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 EXECUTED by WOODSIDE ENERGY )
TD. ACN 005 482 986 by its attorney ) under power of attorney dated 12 June 2018 in ) the presence of: ) ) ) [Signature] [Signature] Signature of attorney Signature of witness MARGUERITE O'NEILL NIALL JOHN MYLES Full name of attorney (block letters) Full name of witness (block letters) By executing this agreement the 4 RONA ST, NORTH BEACH WA 6020 attorney states that the attorney has Address of witness received no notice of revocation of the power of attorney MANAGER Occupation of witness EXECUTED by SHELL AUSTRALIA ) PTY LTD ACN 009 663 576 in accordance ) with section 127(1) of the Corporations ) Act 2001 (Cth) by authority of its directors: ) [Signature] [Signature] Signature of director Signature of director/company secretary* ZOE ALEXANDRA YUJNOVICH Full name of director (block letters) MICHAEL JOHN CAREY Full name of director/company secretary* (block letters) *delete whichever is not applicable page 14 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 EXECUTED by BHP BILLITON ) PETROLEUM (NORTH WEST SHELF) ) PTY. LTD. ACN 004 514 489 in accordance ) with section 127(1) of the Corporations ) Act 2001 (Cth) by authority of its directors: [Signature] [Signature] Signature of director Signature of director/company secretary* TIMOTHY O'CONNOR GRAHAM SALMOND Full name of director (block letters) Full name of director/company secretary* (block letters) *delete whichever is not applicable EXECUTED by BP DEVELOPMENTS ) AUSTRALIA PTY. LTD. ACN 081 102 856 ) by its attorney under power of attorney dated ) 4 May 2018 in the presence of: ) ) ) [Signature] [Signature] Signature of attorney Signature of witness EMIL ISMAYILOV DAVID ROLAND CULLEN Full name of attorney (block letters) Full name of witness (block letters) By executing this agreement the
V 15, 240 ST GEORGES TCE attorney states that the attorney has Address of witness received no notice of revocation of the power of attorney MANAGER NWS Occupation of witness page 15 North West Gas Development (Woodside) Agreement Amendment Bill 2019 s. 6 EXECUTED by CHEVRON AUSTRALIA ) PTY LTD ACN 086 197 757 in accordance ) with section 127(1) of the Corporations ) Act 2001 (Cth) by authority of its directors: ) [Signature] [Signature] Signature of director Signature of director/company secretary* PAUL WELTON JAKE SPIERING Full name of director (block letters) Full name of director/company secretary* (block letters) *delete whichever is not applicable EXECUTED by JAPAN AUSTRALIA LNG ) (MIMI) PTY. LTD. ACN 006 303 180 in ) accordance with section 127(1) of the ) Corporations Act 2001 (Cth) by authority of its ) directors: [Signature] [Signature] Signature of director Signature of director/company secretary* KOTA YAMADA RUSSELL JAMES HARMAN Full name of director (block letters) Full name of director/company secretary* (block letters) *delete whichever is not applicable 1
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