Agreement Xxx. 0000 — the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Xxx 0000 AND WHEREAS the Company has now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants and conditions in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all those pieces and parcels of land situated in the Mineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet in, on, or under the said land (hereinafter called “the said mines”) together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Xxx 0000, including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said land which is now used for any public works or building whatsoever TO HOLD the said land and the said mines and all and singular the premises hereby demised for the term of twenty‑one (21) years from the ............................ day of ........................ 19....... with the right to renew the same from time to time for further periods each of twenty‑one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement) YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and c...
Agreement Xxx. 0000 and includes the Agreement as amended from time to time;
Agreement Xxx. 0000 as at 6 Dec 2002
Agreement Xxx. 0000 and which as subsequently varied is referred to in this Agreement as the “Principal Agreement”.
B. In order to prolong the economic life of its Narngulu mineral processing facilities as the quantities of heavy mineral concentrates produced from the Mining Lease diminish, the Company wishes, as part of its operations under the Principal Agreement, to handle at such facilities the separation into heavy minerals of heavy mineral concentrates produced from its Xxxxxxx-Xxxxxxxx Project in South Australia and, with the Minister’s consent, of heavy mineral concentrates produced by itself or third parties from other projects within Australia or overseas.
C. The State for the purpose of promoting the development of the heavy minerals sands industry generally in Western Australia and employment opportunities generally in the Xxx-Xxxx xxxxxx xx Xxxxxxx Xxxxxxxxx has agreed to vary the Principal Agreement upon the terms and conditions set out in this Agreement to enable the Company to undertake such new activities as part of its operations under the Principal Agreement.
1. Subject to the context, the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2. The State shall introduce and sponsor a Xxxx in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31 December 2008 or such later date as the parties may agree.
(1) Clause 4 does not come into operation unless or until an Act passed in accordance with clause 2 ratifies this Agreement.
(2) If by 31 December 2008, or such later date as may be agreed pursuant to clause 2, clause 4 has not come into operation then unless the parties hereto otherwise agree this Agreement shall cease and determine and neither party hereto shall have any claim against the other party with respect to any matter or thing arising out of done performed or omitted to be done or performed under this Agreement.
(3) On clause 4 coming into operation all the provisions of this Agreement will operate and take effect despite any enactment or other law.
4. The Principal Agreement is hereby varied as follows:
(1) in clause 1:
(a) by inserting the following new definitions in their appropriate alphabetical position:
Agreement Xxx. 0000 as at 5 Mar 2004 1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table. Provisions that have not come into operation Standardisation of Formatting Xxx 0000 s. 4 2 19 of 2010 28 Jun 2010 To be proclaimed11 Sep 2010 (see s. 2(b))) and Gazette 10 Sep 2010 p. 4341) 2 On the date as at which this compilation was prepared, the Standardisation of Formatting Xxx 0000 s. 4 had not come into operation. It reads as follows:
Agreement Xxx. 0000 as at 3 Sep 2004 (includes amendments listed above)
Agreement Xxx. 0000 as at 5 Apr 2002 (includes amendments listed above) 1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table. Provisions that have not come into operation Standardisation of Formatting Xxx 0000 s. 4 3 19 of 2010 28 Jun 2010 To be proclaimed11 Sep 2010 (see s. 2(b))) and Gazette 10 Sep 2010 p. 4341) 2 Marginal notes in the agreement have been represented as bold headnotes in this reprint but that does not change their status as marginal notes. 3 On the date as at which this compilation was prepared, the Standardisation of Formatting Xxx 0000 s. 4 had not come into operation. It reads as follows:
Agreement Xxx. 0000 as at 9 Aug 2002 1a On the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table. Planning and Development 38 of 2005 12 Dec 2005 To be proclaimed9 Apr 2006 (Consequential and Transitional (see s. 2 and Xxxxxxx
Agreement Xxx. 0000
(4) If the decision of the Minister is as mentioned in the said paragraph (b) and the Company considers that the condition precedent is unreasonable the Company may within 2 months after receipt of the notice mentioned in subclause (2) of this Clause elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the condition precedent.
(5) An award made on an arbitration pursuant to subclause (4) of this Clause shall have force and effect as follows —
(a) if by the award the dispute is decided against the Company then unless the Company within 3 months after delivery of the award gives notice to the Minister of its acceptance of the award this Agreement shall on the expiration of that period of 3 months cease and determine; or
(b) if by the award the dispute is decided in favour of the Company the decision shall take effect as a notice by the Minister that he is so satisfied with and approves the matter or matters the subject of the arbitration.
Agreement Xxx. 0000
(d) give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors when letting contracts or placing orders for works materials plant equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere.
(2) The Company shall from time to time during the currency of this Agreement when requested by the Minister submit a report concerning its implementation of the provisions of subclause (1) of this Clause.
(1) The Company shall —
(a) be responsible for the cost of the construction and maintenance of all private roads which shall be used in its operations hereunder;
(b) at its own cost make such provision as shall ensure that all persons and vehicles (other than those engaged upon the Company’s operations and its invitees and licensees) are excluded from use of any such private roads; and
(c) at any place where such private roads are constructed by the Company so as to cross any railways or public roads provide such reasonable protection as may be required by the Commissioner of Main Roads or the Railways Commission as the case may be.
(2) The State shall maintain or cause to be maintained public roads over which it has control (and which may be used by the Company) to a standard similar to comparable public roads maintained by the State.
(3) In the event that the Company’s operations require the use of a public road which is inadequate for the purpose, or result in excessive damage or deterioration of any public road (other than fair wear and tear) the Company shall pay to the State the whole or an equitable part of the total cost of any page 12 Compare 07 Mar 2003 [01-a0-08] / 11 Dec 2008 [01-b0-01] upgrading required or of making good the damage or deterioration as may be reasonably required by the Commissioner of Main Roads having regard to the use of such road by others PROVIDED THAT nothing in this subclause shall apply to the Eneabba-Geraldton highway.
(4) The parties hereto further covenant and agree with each other that —
(a) for the purposes of determining whether and the extent to which —
(i) the Company is liable to any person or body corporate (other than the State); or
(ii) an action is maintainable by any such person or body corporate in respect of the death or injury of any person or damage to any property arising out of the use of any of the roads for the maintenance of which the Company is responsible hereunder and for no other purp...
