Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company: (a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act: (i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and (ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and (b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act. (2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act. (3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence. (4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof. (5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister. (a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor). (b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence. (7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified; (a) in section 91(1) by: (i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister"; (ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and (iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time"; (b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time"; (c) by deleting sections 91(6), 91(9), 91(10) and 91B; (d) in section 92 by: (i) deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
Appears in 7 contracts
Samples: Railway Agreement, Railway Agreement, Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
(ii) deleting "in those provisions" and inserting "in that provision";
Appears in 1 contract
Samples: Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting i)deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
Appears in 1 contract
Samples: Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting i)deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
(ii) deleting "in those provisions" and inserting "in that provision";
Appears in 1 contract
Samples: Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 Act 1914 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
Appears in 1 contract
Samples: Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 Act 1914 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
(ii) deleting "in those provisions" and inserting "in that provision";
Appears in 1 contract
Samples: Railway Agreement
Grant of Tenure. (1) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after all its proposals submitted pursuant to clause 11(1) have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5), the State, notwithstanding the Mining Act, shall cause to be granted to the Company:
(a) a miscellaneous licence to conduct within the Railway Corridor and in accordance with its approved proposals all activities (including the taking of stone, sand, clay and gravel, the provision of temporary accommodation facilities for the railway workforce and, subject to the Rights in Water and Irrigation Xxx 0000 (WA), the operation of water bores) necessary for the planning, design, construction, commissioning, operation and maintenance within the Railway Corridor of the SRL Railway, Additional Infrastructure (if any) and access roads ("the Special Railway Licence"), such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 2 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at a rental calculated in accordance with the Mining Act:
(i) prior to the Railway Operation Date, as if the width of the Railway Corridor were 100 metres; and
(ii) on and from the Railway Operation Date, at the rentals from time to time prescribed under the Mining Act; and
(b) a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 3 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(2) On application made by the Company to the Minister in such manner as the Minister may determine, not later than 3 months after its proposals submitted pursuant to clause 13(2) for the construction of Lateral Access Roads for access to the Railway Corridor to construct a SRL Railway spur line have been approved or deemed to be approved and the Company has complied with the provisions of clause 11(5)(b) (as applying pursuant to clause 13(4)), the State notwithstanding the Mining Act shall cause to be granted to the Company a miscellaneous licence or licences to allow the construction, use and maintenance of Lateral Access Roads within the routes agreed for those Lateral Access Roads under clause 7(1) (as applying pursuant to clause 13(2) (each a "Lateral Access Road Licence"), each such licence to be granted under and subject to, except as otherwise provided in this Agreement, the Mining Act in the form of Schedule 4 hereto and subject to such terms and conditions as the Minister for Mines may from time to time consider reasonable and at the rentals from time to time prescribed under the Mining Act.
(3) Subject to the performance by the Company of its obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary, the term of the Special Railway Licence shall be for a period of 20 years commencing on the date of grant thereof (subject to sooner determination thereof upon the determination of this Agreement) with the right as provided herein for the Company to take during the currency of this Agreement 2 successive renewals each of 10 years (subject to sooner determination thereof upon the determination of this Agreement) upon the same terms and conditions PROVIDED THAT the Minister is satisfied that the SRL Railway is, at the date of the relevant renewal, operational and being used to transport iron ore products to the Port. The Company may exercise its right to renew the term of the Special Railway Licence as provided herein by making application for such renewal not later than 6 months before the expiration of the then current term of the Special Railway Licence.
(4) Notwithstanding the Mining Act, the term of any Lateral Access Road Licence shall, subject to the sooner determination thereof on the cessation or sooner determination of this Agreement, be for a period of 5 years commencing on the date of grant thereof.
(5) Notwithstanding the Mining Act, and except as required to do so by the terms of the Special Railway Licence, the Company shall not be entitled to surrender the Special Railway Licence or any Lateral Access Road Licence or any part or parts of them without the prior consent of the Minister.
(a) The Company may in accordance with approved proposals take stone, sand, clay and gravel from the Railway Corridor (including any area of land included in the Special Railway Licence pursuant to subclause (8)) for the construction, operation and maintenance of the SRL Railway (including any SRL Railway spur line constructed within or approved for construction within the Railway Corridor).
(b) Notwithstanding the Mining Act, no royalty shall be payable under the Mining Act in respect of stone, sand, clay and gravel which the Company is permitted by subclause (6)(a) to obtain from the land the subject of the Special Railway Licence.
(7) For the purposes of this Agreement and without limiting the operation of the other subclauses of this clause, the application of the Mining Act and the regulations made thereunder are specifically modified;
(a) in section 91(1) by:
(i) deleting "the mining registrar or the warden, in accordance with section 42 (as read with section 92)" and substituting "the Minister";
(ii) deleting "any person" and substituting "the Company (as defined in the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time)"; and
(iii) deleting "for any one or more of the purposes prescribed" and substituting "for the purpose specified in clause 14(1)(a), clause 14(1)(b) or clause 14(2), of the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(b) in section 91(3)(a), by deleting "prescribed form" and substituting "form required by the agreement made on or about 23 January 2017 between The Honourable Colin Xxxxx Xxxxx Xxxxxxx, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, BBI Rail Aus Pty Ltd ABN 44 604 857 392, Xxxx Petroleum Mining Company Limited NZBN 9429040945767, Xxxx Offshore Limited NZBN 9429030115989 and Xxxx Minerals Limited NZBN 9429030762596, as varied from time to time";
(c) by deleting sections 91(6), 91(9), 91(10) and 91B;
(d) in section 92 by: (i) deleting "Sections 41, 42, 44, 46, 46A, 47 and 52 apply," and inserting "Section 46A (excluding in subsection (2)(a) "the mining registrar, the warden or") applies,"; and
Appears in 1 contract
Samples: Railway Agreement
