Port facilities. Within 30 days of the date on which the proposals submitted by the Company pursuant to paragraph (e) of subclause (1) of Clause 4 become approved proposals the Company shall give notice to the Bunbury Port Authority of the date (being a date not less than 12 months after the date of the notice) on which it reasonably anticipates commencing shipment of product from Bunbury Port. The Company shall promptly give notice to the Bunbury Port Authority of any change it reasonably anticipates from time to time in the specified date (which may not be earlier in time than the specified date).
Port facilities. As soon as practicable during its studies under clause 5, and from time to time during those studies as required by either the Company or the State, the Company shall consult with the Minister to seek the agreement of the Minister (acting with the concurrence of the Port Authorities Minister) as to:
Port facilities. A general purpose wharf has been constructed in the vicinity of the plant to facilitate cargo ships that dock at the site. A small boat harbour has also been constructed nearby, protected by a breakwater. Traffic through the port comprises of imports of fuel oil, mine and processing plant consumables and general cargo. The small boat harbour is used for work boats and other general boating requirements.
Port facilities. The Company shall develop port facilities for the Projects in accordance with approved proposals and shall construct a wharf and carry out all necessary dredging of approach channels, swinging basins and berth at the wharf and provide all necessary buoys, beacons, markers, navigational aids, lighting equipment and services and facilities required in connection therewith.
Port facilities. The land and water areas to be used for the port shall be made available to QMM SA or an Affiliate for a period at least equal to the term of the Fort-Dauphin Mining Permit. QMM SA or its Affiliate shall undertake to construct of a port adapted to the needs of the Project on public lands made available to it within the framework of an occupancy agreement approved by decree by the Minister in charge of ports following a notice of the Minister in charge of public lands. Such agreement shall provide, among other things, that the construction of the port, its financing and its operation shall be carried out at the expense, risk and peril of QMM SA or its Affiliate, which shall enjoy priority use of the equipment and facilities necessary for the Project during the full term of the Fort-Dauphin Mining Permit. Third parties may use such equipment and facilities outside of peak periods on the condition that they do not interfere with Project Activities and subject to payment of a user fee to QMM SA or its Affiliate based on a tariff for public use. The occupancy agreement shall also provide that ownership of the port equipment and facilities shall revert, free of charge to the State at the end of the period of use provided in the mining permits. In consideration for such obligations and for the use of such land and water areas QMM SA or its Affiliate shall pay the State a royalty which may not exceed the maximum royalty fixed for a similar area under any concession for a public port in Madagascar at the date of signature hereof. Such occupancy agreement shall also provide that the State may request that QMM SA or an Affiliate construct improvements and facilities in addition to those required for the Project. Provided that such installations or facilities do not interfere with the proper operation of the Project and subject to the State first agreeing to finance their construction, QMM SA or the Affiliate shall take the necessary measures to allow the construction of such requested installations and facilities and shall operate such extension under the terms of an amendment to the occupation agreement with the State. In the context of the Feasibility Study for the Initial Investment Programme, QMM SA or its Affiliate shall, at the request of the State, include the general outlines of such additional facilities together with a preliminary evaluation thereof, in the final engineering plans for the port infrastructure.
