Common use of Closure of Precinct where no Proponent Clause in Contracts

Closure of Precinct where no Proponent. (a) If, at any time following registration of the Taking Orders under the Land Administration Act 1997 (WA): (i) for a continuous period of 10 years, there is no interest in land within the LNG Precinct held by a Proponent; (ii) there has been no exercise of rights under any interest in land within the LNG Precinct held by a Proponent within 10 years of the creation of the interest; (iii) for a continuous period of 10 years, there is no legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project; or (iv) there has been no exercise of a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project within 5 years of the creation of the right, and provided that if the circumstance in paragraph (iv) is being relied upon, at least 10 years have lapsed since the registration of the Taking Orders, the Native Title Party may give notice requiring the State, acting reasonably, to: (v) make a Closure Decision under clause 4.1(a)(i); or (vi) make a decision that in the State's opinion a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is likely to be entered into in the foreseeable future (an Extension Decision), and the State will give the Native Title Party notice of the decision contemplated by paragraphs (v) or (vi) as soon as reasonably practicable thereafter. (b) If the State gives notice of an Extension Decision and a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is not entered into within 2 years of the notice of the Extension Decision, the Native Title Party may again give notice requiring the State, acting reasonably, to: (i) make a Closure Decision under clause 4.1(a)(i); or (ii) make a further Extension Decision. (c) If the State has made 3 consecutive Extension Decisions under paragraphs (a)(vi) and (b), and the Native Title Party again gives notice to the State in accordance with paragraph (b), then the State must make a Closure Decision under clause 4.1(a)(i).

Closure of Precinct where no Proponent. (a) If, at any time following registration of the Taking Orders under the Land Administration Act 1997 (WA): (i) for a continuous period of 10 years, there is no interest in land within the LNG Precinct held by a Proponent; (ii) there has been no exercise of rights under any interest in land within the LNG Precinct held by a Proponent within 10 years of the creation of the interest; (iii) for a continuous period of 10 years, there is no legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project; or (iv) there has been no exercise of a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project within 5 years of the creation of the right, and provided that if the circumstance in paragraph (iv) is being relied upon, at least 10 years have lapsed since the registration of the Taking Orders, the Native Title Party may give notice requiring the State, acting reasonably, to: (v) make a Closure Decision under clause 4.1(a)(i); or (vi) make a decision that in the State's ’s opinion a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is likely to be entered into in the foreseeable future (an Extension Decision), and the State will give the Native Title Party notice of the decision contemplated by paragraphs (v) or (vi) as soon as reasonably practicable thereafter. (b) If the State gives notice of an Extension Decision and a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is not entered into within 2 years of the notice of the Extension Decision, the Native Title Party may again give notice requiring the State, acting reasonably, to: (i) make a Closure Decision under clause 4.1(a)(i); or (ii) make a further Extension Decision. (c) If the State has made 3 consecutive Extension Decisions under paragraphs (a)(vi) and (b), and the Native Title Party again gives notice to the State in accordance with paragraph (b), then the State must make a Closure Decision under clause 4.1(a)(i).