Common use of Consideration of proposals Clause in Contracts

Consideration of proposals. (1) The Minister shall advise the Company within 3 months of receiving the evidence furnished by the Company pursuant to clause 4(4) whether or not the Minister is satisfied with that evidence. (2) If the Minister advises the Company pursuant to subclause (1) that the Minister is not satisfied with the evidence furnished by the Company pursuant to clause 4(4), then the Company may — (a) within 6 months following the date of that advice furnish to the Minister further or different evidence of — (i) the availability of finance necessary for the carrying out and completion of the whole of the Project; and (ii) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the proposals submitted to the Minister under clause 4(1); or (b) within 2 months following the date of that advice, advise the Minister that it does not wish to furnish any such further or different evidence. (3) Within 3 months of receiving the further or different evidence furnished by the Company pursuant to subclause (2) the Minister shall advise the Company whether or not the Minister is satisfied with that further or different evidence. (4) If the Minister is not satisfied with the further or different evidence, or if the Company has advised the Minister pursuant to clause 5(2)(b) that it does not wish to furnish further or different evidence, within 2 months following — (a) the date of the Minister’s advice to the Company under clause 5(3); or (b) the date of the Company’s advice to the Minister under clause 5(2)(b), the Company may refer to arbitration under this Agreement the question of the reasonableness of the Minister’s decision on the evidence, or the further and different evidence, as the case may be, and unless so referred to arbitration, this Agreement shall cease and terminate on the expiry of that 2 month period, subject to clause 25. If the Minister’s decision is so referred to arbitration, this Agreement shall cease and terminate on the date of the arbitrator’s award, subject to clause 25, if the arbitrator upholds the reasonableness of the Minister’s decision, but if the arbitrator does not uphold the reasonableness of the Minister’s decision, the Minister is as and from the date of the arbitrator’s award deemed to be satisfied with the evidence, or the further and different evidence, as the case may be. (5) Subject to the EP Act and provided the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4), or is satisfied or deemed to be satisfied with the further or different evidence furnished by the Company pursuant to subclause (2), in respect of proposals pursuant to clause 4(1) the Minister shall — (a) approve of those proposals either wholly or in part without qualification or reservation; or (b) defer consideration of or decision upon those proposals until such time as the Company submits a further proposal or proposals in respect of some other aspect of the Project not covered by those proposals; or (c) require as a condition precedent to the giving of the Minister’s approval to those proposals that the Company makes such alteration to them or complies with such conditions in respect of them as the Minister (having regard to the circumstances including the overall development of and use by others as well as the Company of all or any of the facilities proposed to be provided) thinks reasonable and in such a case the Minister shall give reasons for the imposition of such conditions, provided always that where implementation of any proposals has been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this clause 5 shall if the case requires incorporate a requirement that the Company makes such alterations to the proposals as may be necessary to make them accord with those conditions or procedures. (6) If the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4) or is satisfied or deemed to be satisfied with the further or different evidence furnished by the Company pursuant to subclause (2), the Minister shall within 3 months after receipt of proposals pursuant to clause 4(1), or where those proposals are to be assessed under section 40(1)(b) of the EP Act then within 3 months after service on the Minister of an authority under section 45(7) of the EP Act give notice to the Company of the decision which the Minister has made in respect of those proposals. (7) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (5) the Minister shall afford the Company full opportunity to consult with the Minister and should the Company so desire, to submit new or revised proposals either generally or in respect of some particular matter. (8) If the Company considers that any decision of the Minister under subclause (5) is unreasonable the Company within 2 months after receipt of the notice mentioned in subclause (6) may elect to refer to arbitration under this Agreement the question of the reasonableness of the decision but any requirement of the Minister pursuant to the proviso to subclause (5) shall not be referable to arbitration under this Agreement. (9) Subject to and in accordance with — (a) the Environmental Approval; (b) the EP Act; (c) any further approvals and licences required under the EP Act; (d) the Statutory Requirements; and (e) all applicable Acts of the Commonwealth of Australia and subsidiary legislation under those Acts, and all applicable written laws, the Company shall implement proposals approved under this clause 5 in accordance with their terms and in accordance with any conditions imposed by the Minister in giving approval, and shall implement proposals determined on arbitration pursuant to this Agreement in accordance with the award made on arbitration. If due to the conditions imposed by the Minister in giving approval, or due to the proposal as determined on arbitration differing substantially from the proposal as originally submitted, the finance which was available for the carrying out and completion of the whole of the Project has been withdrawn and is no longer available to the Company, the Company must so advise the Minister immediately upon becoming aware of the withdrawal of that finance. Within 6 months following the Company giving that advice to the Minister the Company may obtain alternative finance and within that period furnish to the Minister evidence demonstrating — (f) the availability of finance necessary for the carrying out and completion of the whole of the Project; and (g) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the approved proposals. The Minister shall advise the Company within 1 month of receiving that evidence whether or not the Minister is satisfied with that evidence. If the Company does not furnish any evidence to the Minister under this subclause, this Agreement shall cease and terminate, subject to clause 25, upon the expiry of the period of 6 months referred to in this subclause. If the Company does furnish evidence to the Minister under this subclause, but the evidence does not satisfy the Minister, this Agreement shall cease and terminate, subject to clause 25, upon the Minister advising the Company that the Minister is not satisfied with that evidence. The decision of the Minister as to whether or not the Minister is satisfied with evidence furnished under this subclause is not subject to arbitration under clause 29. (10) Notwithstanding that under subclause (5) any detailed proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 30 June 1996 or by such extended date if any as the Company is granted pursuant to the provisions of this Agreement then the Minister may give to the Company 3 months notice of intention to terminate this Agreement and unless before the expiration of that 3 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and terminate subject however to the provisions of clause 25.

Consideration of proposals. (1) The Minister shall advise the Company within 3 months of receiving the evidence furnished by the Company pursuant to clause 4(4) whether or not the Minister is satisfied with that evidence. (2) If the Minister advises the Company pursuant to subclause (1) that the Minister is not satisfied with the evidence furnished by the Company pursuant to clause 4(4), then the Company may — (a) within 6 months following the date of that advice furnish to the Minister further or different evidence of — (i) the availability of finance necessary for the carrying out and completion of the whole of the Project; and (ii) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the proposals submitted to the Minister under clause 4(1); or (b) within 2 months following the date of that advice, advise the Minister that it does not wish to furnish any such further or different evidence. (3) Within 3 months of receiving the further or different evidence furnished by the Company pursuant to subclause (2) the Minister shall advise the Company whether or not the Minister is satisfied with that further or different evidence. (4) If the Minister is not satisfied with the further or different evidence, or if the Company has advised the Minister pursuant to clause 5(2)(b) that it does not wish to furnish further or different evidence, within 2 months following — (a) the date of the Minister’s advice to the Company under clause 5(3); orunder (b) the date of the Company’s advice to the Minister under clause 5(2)(b), the Company may refer to arbitration under this Agreement the question of the reasonableness of the Minister’s decision on the evidence, or the further and different evidence, as the case may be, and unless so referred to arbitration, this Agreement shall cease and terminate on the expiry of that 2 month period, subject to clause 25. If the Minister’s decision is so referred to arbitration, this Agreement shall cease and terminate on the date of the arbitrator’s award, subject to clause 25, if the arbitrator upholds the reasonableness of the Minister’s decision, but if the arbitrator does not uphold the reasonableness of the Minister’s decision, the Minister is as and from the date of the arbitrator’s award deemed to be satisfied with the evidence, or the further and different evidence, as the case may be. (5) Subject to the EP Act and provided the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4), or is satisfied or deemed to be satisfied with the further or different evidence furnished by the Company pursuant to subclause (2), in respect of proposals pursuant to clause 4(1) the Minister shall — (a) approve of those proposals either wholly or in part without qualification or reservation; or (b) defer consideration of or decision upon those proposals until such time as the Company submits a further proposal or proposals in respect of some other aspect of the Project not covered by those proposals; or (c) require as a condition precedent to the giving of the Minister’s approval to those proposals that the Company makes such alteration to them or complies with such conditions in respect of them as the Minister (having regard to the circumstances including the overall development of and use by others as well as the Company of all or any of the facilities proposed to be provided) thinks reasonable and in such a case the Minister shall give reasons for the imposition of such conditions, provided always that where implementation of any proposals has been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this clause 5 shall if the case requires incorporate a requirement that the Company makes such alterations to the proposals as may be necessary to make them accord with those conditions or procedures. (6) If the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4) or is satisfied or deemed to be satisfied with the further or different evidence furnished by the Company pursuant to subclause (2), the Minister shall within 3 months after receipt of proposals pursuant to clause 4(1), or where those proposals are to be assessed under section 40(1)(b) of the EP Act then within 3 months after service on the Minister of an authority under section 45(7) of the EP Act give notice to the Company of the decision which the Minister has made in respect of those proposals. (7) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (5) the Minister shall afford the Company full opportunity to consult with the Minister and should the Company so desire, to submit new or revised proposals either generally or in respect of some particular matter. (8) If the Company considers that any decision of the Minister under subclause (5) is unreasonable the Company within 2 months after receipt of the notice mentioned in subclause (6) may elect to refer to arbitration under this Agreement the question of the reasonableness of the decision but any requirement of the Minister pursuant to the proviso to subclause (5) shall not be referable to arbitration under this Agreement. (9) Subject to and in accordance with — (a) the Environmental Approval; (b) the EP Act; (c) any further approvals and licences required under the EP Act; (d) the Statutory Requirements; and (e) all applicable Acts of the Commonwealth of Australia and subsidiary legislation under those Acts, and all applicable written laws, the Company shall implement proposals approved under this clause 5 in accordance with their terms and in accordance with any conditions imposed by the Minister in giving approval, and shall implement proposals determined on arbitration pursuant to this Agreement in accordance with the award made on arbitration. If due to the conditions imposed by the Minister in giving approval, or due to the proposal as determined on arbitration differing substantially from the proposal as originally submitted, the finance which was available for the carrying out and completion of the whole of the Project has been withdrawn and is no longer available to the Company, the Company must so advise the Minister immediately upon becoming aware of the withdrawal of that finance. Within 6 months following the Company giving that advice to the Minister the Company may obtain alternative finance and within that period furnish to the Minister evidence demonstrating — (f) the availability of finance necessary for the carrying out and completion of the whole of the Project; and (g) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the approved proposals. The Minister shall advise the Company within 1 month of receiving that evidence whether or not the Minister is satisfied with that evidence. If the Company does not furnish any evidence to the Minister under this subclause, this Agreement shall cease and terminate, subject to clause 25, upon the expiry of the period of 6 months referred to in this subclause. If the Company does furnish evidence to the Minister under this subclause, but the evidence does not satisfy the Minister, this Agreement shall cease and terminate, subject to clause 25, upon the Minister advising the Company that the Minister is not satisfied with that evidence. The decision of the Minister as to whether or not the Minister is satisfied with evidence furnished under this subclause is not subject to arbitration under clause 29. (10) Notwithstanding that under subclause (5) any detailed proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 30 June 1996 or by such extended date if any as the Company is granted pursuant to the provisions of this Agreement then the Minister may give to the Company 3 months notice of intention to terminate this Agreement and unless before the expiration of that 3 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and terminate subject however to the provisions of clause 25.

Consideration of proposals. (1) The Minister shall advise the Company within 3 months of receiving the evidence furnished by the Company pursuant to clause 4(4) whether or not the Minister is satisfied with that evidence. (2) If the Minister advises the Company pursuant to subclause (1) that the Minister is not satisfied with the evidence furnished by the Company pursuant to clause 4(4), then the Company may — (a) within 6 months following the date of that advice furnish to the Minister further or different evidence of — (i) the availability of finance necessary for the carrying out and completion of the whole of the Project; and and Extract from xxx.xxx.xx.xxx.xx, see that website for further information (ii) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the proposals submitted to the Minister under clause 4(1); or (b) within 2 months following the date of that advice, advise the Minister that it does not wish to furnish any such further or different evidence. (3) Within 3 months of receiving the further or different evidence furnished by the Company pursuant to subclause (2) the Minister shall advise the Company whether or not the Minister is satisfied with that further or different evidence. (4) If the Minister is not satisfied with the further or different evidence, or if the Company has advised the Minister pursuant to clause 5(2)(b) that it does not wish to furnish further or different evidence, within 2 months following — (a) the date of the Minister’s advice to the Company under clause 5(3); orunder (b) the date of the Company’s advice to the Minister under clause 5(2)(b), the Company may refer to arbitration under this Agreement the question of the reasonableness of the Minister’s decision on the evidence, or the further and different evidence, as the case may be, and unless so referred to arbitration, this Agreement shall cease and terminate on the expiry of that 2 month period, subject to clause 25. If the Minister’s decision is so referred to arbitration, this Agreement shall cease and terminate on the date of the arbitrator’s award, subject to clause 25, if the arbitrator upholds the reasonableness of the Minister’s decision, but if the arbitrator does not uphold the reasonableness of the Minister’s decision, the Minister is as and from the date of the arbitrator’s award deemed to be satisfied with the evidence, or the further and different evidence, as the case may be. (5) Subject to the EP Act and provided the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4), or is satisfied or deemed to be satisfied with the further or different evidence furnished by the As at 23 May 2014 Version 02-a0-04 page 25 Extract from xxx.xxx.xx.xxx.xx, see that website for further information Company pursuant to subclause (2), in respect of proposals pursuant to clause 4(1) the Minister shall — (a) approve of those proposals either wholly or in part without qualification or reservation; or (b) defer consideration of or decision upon those proposals until such time as the Company submits a further proposal or proposals in respect of some other aspect of the Project not covered by those proposals; or (c) require as a condition precedent to the giving of the Minister’s approval to those proposals that the Company makes such alteration to them or complies with such conditions in respect of them as the Minister (having regard to the circumstances including the overall development of and use by others as well as the Company of all or any of the facilities proposed to be provided) thinks reasonable and in such a case the Minister shall give reasons for the imposition of such conditions, provided always that where implementation of any proposals has been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this clause 5 shall if the case requires incorporate a requirement that the Company makes such alterations to the proposals as may be necessary to make them accord with those conditions or procedures. (6) If the Minister is satisfied or deemed to be satisfied with the evidence furnished by the Company pursuant to clause 4(4) or is satisfied or deemed to be satisfied with the further or different evidence furnished by the Company pursuant to subclause (2), the Minister shall within 3 months after receipt of proposals pursuant to clause 4(1), or where those proposals are to be assessed under section 40(1)(b) of the EP Act then within 3 months after service on the Minister of an authority under section 45(7) of the EP Act give notice to the Company of the decision which the Minister has made in respect of those proposals.. Extract from xxx.xxx.xx.xxx.xx, see that website for further information (7) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (5) the Minister shall afford the Company full opportunity to consult with the Minister and should the Company so desire, to submit new or revised proposals either generally or in respect of some particular matter. (8) If the Company considers that any decision of the Minister under subclause (5) is unreasonable the Company within 2 months after receipt of the notice mentioned in subclause (6) may elect to refer to arbitration under this Agreement the question of the reasonableness of the decision but any requirement of the Minister pursuant to the proviso to subclause (5) shall not be referable to arbitration under this Agreement. (9) Subject to and in accordance with — (a) the Environmental Approval; (b) the EP Act; (c) any further approvals and licences required under the EP Act; (d) the Statutory Requirements; and (e) all applicable Acts of the Commonwealth of Australia and subsidiary legislation under those Acts, and all applicable written laws, the Company shall implement proposals approved under this clause 5 in accordance with their terms and in accordance with any conditions imposed by the Minister in giving approval, and shall implement proposals determined on arbitration pursuant to this Agreement in accordance with the award made on arbitration. If due to the conditions imposed by the Minister in giving approval, or due to the proposal as determined on arbitration differing substantially from the proposal as originally submitted, the finance which was available for the carrying out and completion of the whole of the Project has been withdrawn and is no longer available to the Company, the Company must so advise the Minister immediately upon becoming aware of the withdrawal of that finance. Within 6 months following the Company giving that advice to the Minister the Company may obtain alternative finance As at 23 May 2014 Version 02-a0-04 page 27 Extract from xxx.xxx.xx.xxx.xx, see that website for further information and within that period furnish to the Minister evidence demonstrating — (f) the availability of finance necessary for the carrying out and completion of the whole of the Project; and (g) the readiness of the Company to embark upon and proceed to carry out the operations referred to in the approved proposals. The Minister shall advise the Company within 1 month of receiving that evidence whether or not the Minister is satisfied with that evidence. If the Company does not furnish any evidence to the Minister under this subclause, this Agreement shall cease and terminate, subject to clause 25, upon the expiry of the period of 6 months referred to in this subclause. If the Company does furnish evidence to the Minister under this subclause, but the evidence does not satisfy the Minister, this Agreement shall cease and terminate, subject to clause 25, upon the Minister advising the Company that the Minister is not satisfied with that evidence. The decision of the Minister as to whether or not the Minister is satisfied with evidence furnished under this subclause is not subject to arbitration under clause 29. (10) Notwithstanding that under subclause (5) any detailed proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 30 June 1996 or by such extended date if any as the Company is granted pursuant to the provisions of this Agreement then the Minister may give to the Company 3 months notice of intention to terminate this Agreement and unless before the expiration of that 3 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and terminate subject however to the provisions of clause 25.