Local industry participation plan. (1) In this clause, the term "local industry participation benefits" means: (a) the use and training of labour available within the said State; and (b) the use of the services of engineers, surveyors, architects and other professional consultants, experts, specialists, project managers and contractors available within the said State; and (c) the procurement of works, materials, plant, equipment and supplies from Western Australian suppliers, manufacturers and contractors. (2) The Joint Venturers acknowledge the need for local industry participation benefits flowing from this Agreement. (3) The Joint Venturers agree that they shall prepare and, in accordance with clause 11(8)(c), provide to the Minister a plan which contains in connection with the development proposed or to be proposed as the case may be pursuant to clause 11: (a) a clear statement on the strategies which the Joint Venturers will use, and require a third party as referred to in clause 27(2) to use, to maximise the uses and procurement referred to in subclause (1); and (b) detailed information on the procurement practices the Joint Venturers will adopt, and require a third party as referred to in clause 27(2) to adopt, in calling for tenders and letting contracts for works, materials, plant, equipment and supplies and how such practices will provide full fair and reasonable opportunity for suitably qualified Western Australian suppliers, manufacturers and contractors to tender or quote for works, materials, plant, equipment and supplies; and (c) detailed information on the methods the Joint Venturers will use, and require a third party as referred to in clause 27(2) to use, to have their respective procurement officers promptly introduced to Western Australian suppliers, manufacturers and contractors seeking such introduction; and (d) details of the communication strategies the Joint Venturers will use, and require a third party as referred to in clause 27(2) to use, to alert Western Australian engineers, surveyors, architects and other professional consultants, experts, specialists and project managers and Western Australian suppliers, manufacturers and contractors to services opportunities and procurement opportunities respectively as referred to in subclause (1). It is acknowledged by the Joint Venturers that the strategies of the Joint Venturers referred to in subclause (3)(a) will include strategies of the Joint Venturers in relation to the supply of services, labour, works, materials, plant and equipment or supplies for the purposes of this Agreement. (4) During the currency of this Agreement the Joint Venturers shall implement the plan provided in compliance with this clause. (5) At the request of either of them made at any time and from time to time, the Minister and the Joint Venturers shall confer as to any amendments desired to any plan provided in compliance with this clause and may agree to the amendment of the plan or the provision of a new plan in substitution for the one previously provided. (6) The provisions of subclauses (3) and (4) shall apply mutatis mutandis to any development proposed or to be proposed as the case may be pursuant to clauses 13, 21 or 23 (unless the Minister otherwise requires).
Appears in 6 contracts
Samples: Natural Gas (Canning Basin Joint Venture) Agreement, Natural Gas (Canning Basin Joint Venture) Agreement, Natural Gas (Canning Basin Joint Venture) Agreement Act 2013
Local industry participation plan. (1) In this clause, the term "local industry participation benefits" means:
(a) the use and training of labour available within the said State; and;
(b) the use of the services of engineers, surveyors, architects and other professional consultants, experts, specialists, project managers and contractors available within the said State; and
(c) the procurement of works, materials, plant, equipment and supplies from Western Australian suppliers, manufacturers and contractors.
(2) The Joint Venturers acknowledge Company acknowledges the need for local industry participation benefits flowing from this Agreement.
(3) The Joint Venturers agree Company agrees that they within 3 months after the Operative Date it shall prepare and, in accordance with clause 11(8)(c), and provide to the Minister a plan which contains in connection with the development proposed or to be proposed as the case may be pursuant to clause 11:
(a) a clear statement on the strategies which the Joint Venturers Company will use, and require a third party as referred to in clause 27(219(2) to use, to maximise the uses and procurement referred to in subclause (1); and;
(b) detailed information on the procurement practices the Joint Venturers Company will adopt, and require a third party as referred to in clause 27(219(2) to adopt, in calling for tenders and letting contracts for works, materials, plant, equipment and supplies and how such practices will provide full fair and reasonable opportunity for suitably qualified Western Australian suppliers, manufacturers and contractors to tender or quote for works, materials, plant, equipment and supplies; and;
(c) detailed information on the methods the Joint Venturers Company will use, and require a third party as referred to in clause 27(219(2) to use, to have their respective procurement officers promptly introduced to Western Australian suppliers, manufacturers and contractors seeking such introduction; and
(d) details of the communication strategies the Joint Venturers Company will use, and require a third party as referred to in clause 27(219(2) to use, to alert Western Australian engineers, surveyors, architects and other professional consultants, experts, specialists and specialists, project managers and consultants and Western Australian suppliers, manufacturers and contractors to services opportunities and procurement opportunities respectively as referred to in subclause (1). It is acknowledged by the Joint Venturers Company that the strategies of the Joint Venturers Company referred to in subclause (3)(a) will include strategies of the Joint Venturers Company in relation to the supply of services, labour, works, materials, plant and plant, equipment or supplies for the purposes of this Agreement.
(4) During the currency of this Agreement the Joint Venturers Company shall implement the plan provided in compliance with under this clause.
(5) At the request of either of them made at any time and from time to time, the Minister and the Joint Venturers Company shall confer as to any amendments desired to any plan provided in compliance with under this clause and may agree to the amendment of the plan or the provision of a new plan in substitution for the one previously provided.
(6) The provisions of subclauses (3) and (4) shall apply mutatis mutandis to any development proposed or to be proposed as the case may be pursuant to clauses 13, 21 or 23 clause 13 (unless the Minister otherwise requires) but with any required plan to be submitted by no later than the giving of notice by the Company under clause 13(1).
Appears in 5 contracts
Samples: Railway Agreement, Railway Agreement, Railway Agreement
Local industry participation plan. (1i) In this clause, the term "local industry participation benefits" means:
(a) the use and training of labour available within the said State; and;
(b) the use of the services of engineers, surveyors, architects and other professional consultants, experts, specialists, project managers and contractors available within the said State; and
(c) the procurement of works, materials, plant, equipment and supplies from Western Australian suppliers, manufacturers and contractors.
(2ii) The Joint Venturers acknowledge Company acknowledges the need for local industry participation benefits flowing from this Agreement.
(3iii) The Joint Venturers agree Company agrees that they within 3 months after the Variation Date it shall prepare and, in accordance with clause 11(8)(c), and provide to the Minister a plan which contains in connection with the development proposed or to be proposed as the case may be pursuant to clause 11contains:
(a) a clear statement on the strategies which the Joint Venturers Company will use, and require a third party as referred to in clause 27(2paragraph (vii) to use, to maximise the uses and procurement referred to in subclause paragraph (1i); and;
(b) detailed information on the procurement practices the Joint Venturers Company will adopt, and require a third party as referred to in clause 27(2paragraph (vii) to adopt, in calling for tenders and letting contracts for works, materials, plant, equipment and supplies and how such practices will provide full fair and reasonable opportunity for suitably qualified Western Australian suppliers, manufacturers and contractors to tender or quote for works, materials, plant, equipment and supplies; and;
(c) detailed information on the methods the Joint Venturers Company will use, and require a third party as referred to in clause 27(2paragraph (vii) to use, to have their respective procurement officers promptly introduced to Western Australian suppliers, manufacturers and contractors seeking such introduction; and
(d) details of the communication strategies the Joint Venturers Company will use, and require a third party as referred to in clause 27(2paragraph (vii) to use, to alert Western Australian engineers, surveyors, architects and other professional consultants, experts, specialists and specialists, project managers and consultants and Western Australian suppliers, manufacturers and contractors to services opportunities and procurement opportunities respectively as referred to in subclause paragraph (1i). It is acknowledged by the Joint Venturers Company that the strategies of the Joint Venturers Company referred to in subclause paragraph (3)(aiii)(a) will include strategies of the Joint Venturers Company in relation to the supply of services, labour, works, materials, plant and plant, equipment or supplies for the purposes of this Agreement.
(4) During the currency of this Agreement the Joint Venturers shall implement the plan provided in compliance with this clause.
(5iv) At the request of either of them made at any time and from time to time, the Minister and the Joint Venturers Company shall confer as to any amendments desired to any plan provided in compliance with under this clause Clause and may agree to the amendment of the plan or the provision of a new plan in substitution for the one previously provided.
(6v) The provisions At least 3 months before the anticipated submission of subclauses proposals pursuant to clause 5(x) (3) and (4) shall apply mutatis mutandis to any development proposed or to be proposed such lesser period as the case may be pursuant to clauses 13Minister may, 21 or 23 (at the request of the Company, approve in respect of any such anticipated proposals), the Company must, unless the Minister otherwise requires), give to the Minister information about the implementation of the plan provided under this clause in relation to the activities to be the subject of such proposals. This obligation operates in relation to all proposals submitted on or after the date that is 4 months after the date when a plan is first provided under this clause.
(vi) During the currency of this Agreement the Company shall implement the plan provided under this clause.
(vii) The Company shall:
(a) in every contract entered into with a third party where the third party has an obligation or right to procure the supply of services, labour, works, materials, plant, equipment or supplies for or in connection with a proposed development, ensure that the contract contains appropriate provisions requiring the third party to undertake procurement activities in accordance with the plan provided under this clause; and
(b) use reasonable endeavours to ensure that the third party complies with those provisions.
Appears in 2 contracts
Samples: Oil Refinery (Kwinana) Agreement Act 1952, Oil Refinery Agreement