Common use of Consideration of proposals Clause in Contracts

Consideration of proposals. (1) In respect of each proposal pursuant to clause 11(1) the Minister shall, subject to the EP Act: (a) approve of the proposal without qualification or reservation; or (b) defer consideration of or decision upon the same until such time as the Company submits a further proposal or proposals in respect of some other of the matters mentioned in clause 11(1) not covered by the said proposal or until such time as clause 11(5) has been complied with by the Company; or (c) require as a condition precedent to the giving of his approval to the said proposal, that the Company make such alteration thereto or comply with such conditions in respect thereto as he (having regard to the circumstances, including the overall development of and the 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 disclose his reasons for such conditions, PROVIDED ALWAYS that: (d) where implementation of any proposals hereunder have been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this clause shall if the case so requires incorporate a requirement that the Company make such alterations to the proposals as may be necessary to make them accord with those conditions or procedures; and (e) the Minister shall not consider a purported proposal or proposals (as the case may be) if the Minister is of the opinion that the purported proposal or proposals does not or do not (as the case may be) comply with clause 11 or this Agreement generally and in such circumstances: (i) this subclause (1) (other than this paragraph (e)) and subclause (2) shall not apply to the purported proposal or proposals; (ii) subject to this Agreement, the Minister shall afford the Company full opportunity to consult with him and should it so desire to submit a new or revised proposal or proposals either generally or in respect to some particular matter; and (iii) the Minister's opinion is not subject to arbitration under clause 33. (2) Subject to subclause (1), the Minister shall within 2 months after the later of: (a) receipt of proposals pursuant to clause 11(1); (b) where the proposals are to be assessed under Part IV of the EP Act, service on the Minister of an authority under section 45(7) of the EP Act; and (c) where a proposal will or may require the State to do any act which affects any native title rights and interests, completion of all processes required by laws relating to native title to be undertaken by the State before that act may be done by the State, give notice to the Company of his decision in respect to the proposals. (3) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) the Minister shall afford the Company full opportunity to consult with him and should it so desire to submit new or revised proposals either generally or in respect to some particular matter. (4) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) and the Company considers that the decision is unreasonable, the Company within 2 months after receipt of the notice mentioned in subclause (2) may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the decision PROVIDED THAT any requirement of the Minister pursuant to the proviso to subclause (1) shall not be referable to arbitration hereunder. (5) An award made on an arbitration pursuant to subclause (4) 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. (6) Notwithstanding any provision of this Agreement (other than clause 28) or that any matter required to be agreed pursuant to clauses 7(1) and 8(1) has not been agreed, or that the plan required to be approved pursuant to clause 9 has not been approved, or that the plan required to be provided pursuant to clause 10 has not been provided, or that the Port has not been established under the Port Authorities Act, or that under this clause any proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every proposal and matter required pursuant to clause 11 is so approved or determined by 1 October 2019, then without limiting the provisions of clause 30: (a) subject to paragraph (b), the Minister may give the Company 12 months' notice of intention to determine this Agreement and unless before the expiration of the said 12 month notice period all the detailed proposals and matters are so approved or determined, this Agreement shall on the expiration of that period cease and determine; or (b) if the State has determined or determines that the Port (or part thereof) will not be established or completed for any reason whatsoever and the Company's right to submit proposals pursuant to clause 11 is still subject to such establishment having first occurred, the Minister may give the Company notice of intention to determine this Agreement immediately and this Agreement shall cease and determine on the date the notice is given to the Company. (7) Subject to and in accordance with the EP Act and any approvals and licences required under that Act the Company shall implement the approved proposals in accordance with the terms thereof. (8) Notwithstanding clause 26, the Minister may during the implementation of approved proposals approve variations to those proposals. (9) The Minister may extend the periods set forth in clause 11(1) and subclause (6) of this clause (in addition to any extension granted under clauses 27 and 28) upon request of the Company for such reasonable period or periods as the Minister considers appropriate to enable the Company to comply with laws relating to native title.