Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law. (2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect. (3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement. (4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 6.] [s. 3] of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Pt. 3 has not come into operation 2.] Schedule 1 — Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 6.] 2017 [s. 3] 0000 XXX XXXXX XX XXXXXXX XXXXXXXXX and BBI RAIL AUS PTY LTD ABN 44 604 857 392 and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 XXXX OFFSHORE LIMITED NZBN 9429030115989 XXXX MINERALS LIMITED NZBN 9429030762596 RAILWAY (BBI RAIL AUS PTY LTD) AGREEMENT 2017 [Solicitor’s details] THIS AGREEMENT is made this 23 day of January 2017 BETWEEN THE HONOURABLE COLIN XXXXX XXXXXXX, MEc., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Xxxxx 0, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Schedule 1 — Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62017 THIS AGREEMENT is made this 23 day of January 2017 THE HONOURABLE COLIN XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Xxxxx 0, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 Act 1902 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000Act 1979. [Section 6 amended: Schedule 1 — Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62017 THIS AGREEMENT is made this 23 day of January 2017 THE HONOURABLE XXXXX XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Xxxxx 0, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 95 Customhouse Quay, Wellington, New Zealand, TODD XXXX OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00Level 15, Xxx The Xxxx XxxxxxxxBuilding, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00Level 15, Xxx The Xxxx XxxxxxxxBuilding, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.. Part 2 General provisions about the Agreement s. 6
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Part 3 has not come into operation 2.] Schedule 1 — Railway (BBI Rail Aus Xxx Xxxx Infrastructure Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62010 RAILWAY (XXX XXXX INFRASTRUCTURE PTY LTD) AGREEMENT 2010 THIS AGREEMENT is made this 22 day of June 2010 BETWEEN THE HONOURABLE COLIN XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, XXX XXXX INFRASTRUCTURE PTY LTD ACN 130 249 633 of Xxxxx 0, Xxxx Xxxxx, 28 00 Xxxxxxx Xxxxxx, XxxxxxXxxx Xxxxx, Xxx Xxxxx Xxxxx Xxxxxxx Xxxxxxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and 9429040945767 XXX XXXX HOLDINGS PTY LTD ACN 000 000 000 (hereinafter called “RHH”) and XXX XXXX IRON ORE PTY LTD ACN 000 000 000 (hereinafter called “RHIO”) both of Xxxxx 0, Xxxx Xxxxx, 00-00 Xxxxxxx Xxxxxx, Xxx Xxxx XxxxxxxxXxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx Xxxxxxxxx (hereinafter each collectively called "Guarantor" and collectively "“the Guarantors"”) of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Pt. 3 has not come into operation 2.] Schedule 1 — Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62017 THIS AGREEMENT is made this 23 day of January 2017 THE HONOURABLE COLIN XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Xxxxx 0, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 Act 1902 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000Act 1979. [Section 6 amended: Schedule 1 — Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62017 THIS AGREEMENT is made this 23 day of January 2017 THE HONOURABLE XXXXX XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Level 3, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00Level 15, The Todd Building, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxx XxxxxxxxXxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD XXXX OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00Level 15, Xxx Xxxx XxxxxxxxThe Todd Building, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00Level 15, Xxx Xxxx XxxxxxxxThe Todd Building, 00 Xxxxxxxxxxx Xxxx95 Customhouse Quay, XxxxxxxxxxWellington, Xxx Xxxxxxx New Zealand (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Part 3 has not come into operation 2.] Schedule 1 — Railway (BBI Rail Aus Xxx Xxxx Infrastructure Pty Ltd) Agreement Amendment Xxxx 2021 cl. 62010 THIS AGREEMENT is made this 22 day of June 2010 THE HONOURABLE COLIN XXXXX XXXXXXX, MEc.] [s. 3] , M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, XXX XXXX INFRASTRUCTURE PTY LTD ACN 130 249 633 of Xxxxx 0, Xxxx Xxxxx, 28 00 Xxxxxxx Xxxxxx, XxxxxxXxxx Xxxxx, Xxx Xxxxx Xxxxx Xxxxxxx Xxxxxxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and 9429040945767 XXX XXXX HOLDINGS PTY LTD ACN 123 721 077 (hereinafter called “RHH”) and XXX XXXX IRON ORE PTY LTD ACN 123 722 038 (hereinafter called “RHIO”) both of Xxxxx 000, Xxx Xxxx XxxxxxxxHouse, 00 Customhouse Quay28‑00 Xxxxxxx Xxxxxx, WellingtonXxxx Xxxxx, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx Xxxxxxxxx (hereinafter each collectively called "Guarantor" and collectively "“the Guarantors"”) of the third part.
Appears in 1 contract
Samples: Railway Agreement
Effect on other laws. (1) The Agreement operates and takes effect despite any enactment or other law.
(2) If a provision of the scheduled agreement or the 2020 variation agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect.
(3) To avoid doubt, it is declared that the provisions of the Public Works Xxx 0000 section 96 do not apply to the railway constructed pursuant to the Agreement.. Part 2 General provisions about the Agreement s. 6
(4) This section does not limit or otherwise affect the application of the Government Agreements Xxx 0000. [Section 6 amended: Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Xxxx 2021 clPt. 63 has not come into operation 2.] [s. 3] THIS AGREEMENT is made this 23 day of January 2017 BETWEEN THE HONOURABLE COLIN XXXXX XXXXXXX, MEc., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called “the State”) of the first part, BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Xxxxx 0, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxx Xxxxx Xxxxx (hereinafter called “the Company” in which term shall be included its successors and permitted assigns) of the second part, and XXXX PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx and XXXX MINERALS LIMITED NZBN 9429030762596 of Xxxxx 00, Xxx Xxxx Xxxxxxxx, 00 Xxxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxx Xxxxxxx (hereinafter each called "Guarantor" and collectively "the Guarantors") of the third part.
Appears in 1 contract
Samples: Railway Agreement