NOTICE: The text below was created automatically and may contain errors and differences from the contract's original PDF file. Learn more here
Western Australia
Dampier Solar Salt Industry Agreement Act
1967
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
Western Australia
Dampier Solar Salt Industry Agreement Act
1967
Contents
1.
2.
3.
3A.
4.
Short title
Definition
Approval and ratification of agreement
Approval and ratification of variation agreement
By-laws
1
1
1
2
2
First Schedule — Dampier Solar Salt
Industry Agreement
Second Schedule — Variation
agreement
Notes
Compilation table
31
Defined terms
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page i
Western Australia
Dampier Solar Salt Industry Agreement
Act 1967
An Act to approve an agreement between the State of Western
Australia and Dampier Salt Limited relating to the establishment
and carrying on at and in the vicinity of Dampier of a solar salt
industry and certain other industries and for incidental and other
purposes.
1.
Short title
This Act may be cited as the Dampier Solar Salt Industry
Agreement Act 1967 1.
2.
Definition
In this Act,
the Agreement means the agreement a copy of which is set out
in the First Schedule and, if the Agreement is varied in
accordance with its provisions, includes the Agreement as so
varied;
the variation agreement means the agreement a copy of which
is set forth in the Second Schedule.
[Section 2 amended: No. 50 of 1974 s. 2.]
3.
Approval and ratification of agreement
(1)
The Agreement is approved and ratified.
(2)
Notwithstanding any other Act or law, the Agreement shall be
carried out and take effect, as though its provisions had been
expressly enacted in this Act.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 1
Dampier Solar Salt Industry Agreement Act 1967
s. 3A
3A.
Approval and ratification of variation agreement
(1)
The variation agreement is approved and ratified.
(2)
Notwithstanding any other Act or law, the variation agreement
shall be carried out and take effect, as though its provisions had
been expressly enacted in this Act.
[Section 3A inserted: No. 50 of 1974 s. 3.]
4.
By-laws
The Governor may make, alter or repeal by-laws in accordance
with and for the purposes of, clause 7 of the Agreement, and the
by-laws —
(a) shall be published in the Gazette;
(b) shall take effect and have the force of law from the date
they are so published, or from a later date fixed by the
order making the by-laws;
(c) may prescribe penalties not exceeding $100 for a breach
of any of the by-laws;
(d) are not subject to section 36 of the Interpretation
Act 1918 2, but shall be laid before each House of
Parliament within 6 sitting days of such House next
following the publication of the by-laws in the Gazette.
page 2
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
[Heading deleted: No. 19 of 2010 s. 42(2).]
First Schedule — Dampier Solar Salt Industry Agreement
[s. 2]
[Heading amended: No. 50 of 1974 s. 4; No. 19 of 2010 s. 4.]
AN AGREEMENT under seal made the 21st day of November One thousand
nine hundred and sixtyseven BETWEEN THE HONOURABLE DAVID
BRAND, M.L.A. Premier and Treasurer of the State of Western Australia acting
for and on behalf of the said State and instrumentalities thereof from time to
time (hereinafter referred to as “the State”) of the one part AND DAMPIER
SALT LIMITED a company incorporated under the provisions of the statutes of
Western Australia and having its registered office in the State of Western
Australia at Perth (hereinafter called “the Company” which term shall include
the successors and assigns of the Company including where the context so
admits the assignees and appointees of the Company under Clause 23 hereof) of
the other part.
WHEREAS the parties hereto desire to enter into this Agreement with the
object of the establishment and carrying on at and in the vicinity of Dampier of
a solar salt industry and such other allied mining and ancillary industries as may
conveniently be carried on in conjunction therewith and to do all acts matters
and things to attain and to facilitate the abovementioned object.
NOW THIS AGREEMENT WITNESSETH and the parties hereto
COVENANT AND AGREE with one another as follows: —
Definitions 3
1.
In this Agreement subject to the context —
“Director of Engineering” means the Director of Engineering for the time
being in the Public Works Department of the State of Western
Australia or the officer for the time being discharging the duties of
that office;
“Land Act” means the Land Act 1933;
“Mining Act” means the Mining Act 1904;
“Minister” means the Minister of the Crown to whose administration the
ratifying Act is for the time being committed or if there is no such
committal the Minister for Industrial Development;
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 3
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
“month” means calendar month;
“notice” means notice in writing;
“person” or “persons” includes bodies corporate;
“production site” means any land leased to and held by the Company
pursuant to the provisions of Clause 3 hereof;
“ratifying Act” means the Act referred to in subclause (1) of Clause 2
hereof;
“shipped” includes removal from the work sites by ship or any other
means;
“stockpile site” means the land for the time being leased from the State
pursuant to subclause 3 of Clause 4 or held by the Company under
any other tenure for the purpose of being used for stockpiling salt;
“this Agreement” “hereof” and “hereunder” refer to this Agreement
whether in its original form or as from time to time added to varied
or amended;
“ton” means a ton of two thousand two hundred and forty (2 240) lbs. net
dry weight;
“work sites” includes the production site, stockpile site whether or not
leased from the State) and the land comprised in or the subject of any
lease license or easement granted or given hereunder other than any
grant or lease under Clause 13 hereof;
“year” means a year commencing on the 1st day of July;
reference in this Agreement to an Act shall include the amendments to
such Act for the time being in force and also any Act passed in
substitution therefor or in lieu thereof and the regulations for the
time being in force thereunder;
marginal notes shall not affect the interpretation or the construction of
this Agreement 3.
Ratifying Act 3
2.
(1) The State shall introduce and sponsor a Bill in the Parliament of
Western Australia to ratify this Agreement before the 15th day of December,
1967, or such later day as the parties hereto may agree upon. If the Bill is not so
page 4
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
passed as an Act before the 31st day of December, 1967 (or such later day as the
parties hereto may agree upon) this Agreement shall be of no force or effect and
neither of the parties hereto shall have any claim against the other of them with
respect to any matter or thing arising out of done performed or omitted to be
done or performed under this Agreement.
(2) If the Bill to ratify this Agreement is passed as an Act before the
31st day of December, 1967 (or such later day as aforesaid) the following
provisions of this clause shall notwithstanding the provisions of any Act or law
thereupon operate and take effect namely: —
(a) the State may by Agreement acquire or compulsorily take or
resume as for a public work within the meaning of the Public
Works Act 1902 any land or any estate or interest in land which in
the opinion of the State is reasonably required for the objects of
this Agreement and may thereafter dispose or deal with the same in
accordance with or for the purposes of this Agreement apart from
the provisions of that Act or any other Act AND when any land is
to be so compulsorily taken or resumed under the powers conferred
by this paragraph the provisions of subsections (2) to (7) inclusive
of section 17 and section 17A of the Public Works Act 1902 shall
not apply to or in respect of the land or to the taking thereof except
that notice of intention to take or resume the land shall be given in
accordance with the provisions of paragraph (b) of subclause 2 of
the said Act;
(b) all land the subject of any lease hereunder shall for the purposes of
the Mining Act 1904 be deemed to be “Private Land” for the
purposes of that Act.
Production Site 3
3.
(1) As soon as conveniently may be after the coming into operation of
the ratifying Act the State shall on the written application of the Company cause
all that land edged in red in the Plan initialled on behalf of the parties hereto for
the purpose of identification and comprising approximately 28,600 acres or so
much of it as the Company in that application specifies to be leased to the
Company under the provisions of the Mining Act 1904 which shall be deemed to
be so amended varied and modified as to enable the lease to be granted on the
following terms and conditions namely: —
(a) for a term of twenty-one (21) years commencing from a day to be
agreed upon by the parties hereto;
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 5
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(b) at a rental computed at the rate of $4 per one hundred (100) acres
per annum;
(c) subject to the payment by the Company of the royalties hereinafter
mentioned and to the due and punctual performance by the
Company of its obligations hereunder;
(d) that the Company shall be entitled (provided the right of re-entry
contained in the lease or the renewal thereof (as the case may be)
has not been exercised) to the options to renew the lease for a
further term of twenty-one (21) years and on the expiry thereof to
further renew the lease for a further term of twenty-one (21) years
on the same terms and conditions as are contained in
paragraphs (b) (c) (f) and (g) of this subclause;
(e) that the cost of any survey required by the State be paid by the
Company;
(f) subject to the reservations required in Crown Leases pursuant to
the Petroleum Act 1936 or required for the purpose of preserving
rights that have been or may be granted under the Petroleum
(Submerged Lands) Act 1967;
(g) otherwise on such terms and conditions as are reasonably required
to give effect to the provisions and objects of this Agreement; and
(h) that the State without compensation to the Company may at any
time excise from the lease such area adjacent or near to the existing
railway as shall be sufficient to permit the construction of another
railway or road, or both, across the leased area.
The Company on demand shall pay to the State a sum sufficient to reimburse
the State for the cost of resuming or taking any land required for the production
site.
(2) Until the 31st day of December, 1977, subject to the provisions of
subclauses (4) and (5) of this Clause the Company shall have options
exercisable at any time and from time to time on notice to the State to have
added to the area leased pursuant to subclause (1) of this clause the whole or
such part of the area edged in blue in the Plan referred to in subclause (1) of this
Clause (hereinafter referred to as “the optioned areas”) as the Company
specifies in any such notice.
page 6
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(3) If at any time before the 31st day of December, 1977, the Company
gives notice to the State that it desires an option over the whole or any specified
part of the area edged in green on the plan referred to in subclause (1) of this
clause then providing that it is satisfied that the area nominated by the Company
is not important for the breeding or development of prawns the State shall
extend to the said area the option referred to in subclause (2) of this clause. Any
reference in this Agreement to “the optioned areas” shall include any such area
to which the option is extended pursuant to the provisions of this subclause.
(4) If the State should ever require any part of the optioned areas either
for its own use or for any other public purpose or for lease to any other business
enterprise then it may notify the Company accordingly and thereafter in respect
of the area notified the date by which the Company may exercise the options
granted in subclause (2) of this clause will be two years from the date of the
State’s notice if the State’s notice be given within five years of the date of the
production site lease or otherwise one year.
(5) The Company may not exercise any option given pursuant to this
clause in respect of any land leased by Hamersley Iron Pty. Ltd. without its
prior written consent.
(6) The Company may not exercise any option pursuant to this clause
without first giving not less than 3 months’ notice to the Director of Engineering
of its wish to exercise the option in respect of the land described in such notice
and thereafter the Company shall not exercise an option in respect of so much of
that land as the Director of Engineering informs the Company will in his
opinion be reasonably required for public or private road or rail purposes.
Lease for Shiploading Facilities 3
4.
(1) If the Company notifies the Minister that it wishes to construct a
jetty with berthing and loading facilities in the vicinity of Dampier harbour then
the State shall grant the Company an appropriate lease at a nominal rental of the
area reasonably necessary for the Company’s requirements and a licence
therefor under the provisions of the Jetties Act 1926 and the Company may
thereupon construct such jetty and berthing and loading facilities provided that
the Minister has approved of the specifications therefor and is satisfied that
ships using the same would not be likely to unduly interfere with the traffic of
ships to and from the service wharf and any other wharf constructed by
Hamersley Iron Pty. Ltd. under the Iron Ore (Hamersley Range) Agreement
Act 1963.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 7
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(2) If the Company makes all necessary arrangements with Hamersley
Iron Pty. Ltd. for the construction of such a jetty and facilities as an extension to
the northern end of the said service wharf then the Company may construct such
jetty and facilities provided that the State has first approved of the specifications
therefor and the State shall issue a license therefor under the provisions of the
Jetties Act 1926.
Lease for Stockpile Site 3
(3) If the Company notifies the Minister that it requires a stockpile site
in the vicinity of a jetty used for the loading into ships of salt produced at the
production site and if having regard for the general development of the vicinity
with a view to the reasonable use thereof by others there is available to the State
land sufficient for the Company’s requirements (which are presently estimated
would be 20 acres) then, the State shall grant to the Company a lease thereof
subject to the same term and options of renewal as apply in respect of the
production site lease and at a rental of Five Dollars ($5) per acre per annum.
Flood Protection 3
5.
The State shall not unreasonably refuse applications by the Company for
licenses to establish and maintain levees, channels or other like works on Crown
lands adjacent to the production site for the purpose of diverting the flow of
ground waters away from the Company’s production facilities provided that the
Company first obtains the written approval of any lessee of the lands and
provided also that the Company submits to the Minister and receives his written
approval of the plans and specifications of the works.
Road Rail or Conveyor Transport 3
6.
(1) If the Company notifies the Minister that it requests from the State
appropriate rights to permit the Company to construct and operate between the
production site and the stockpile site or jetty used by the Company for loading
salt into ships, or, between the stockpile site and such jetty a railway, a private
roadway or an apparatus for conveying salt by other mechanical means
(including without limitation pumping in slurry or transferring by conveyor or
aerial ropeway) and if the Company’s notice —
(a) gives a general description of a proposed route and of the intended
railway, roadway or apparatus, and
(b) bears the approval of Hamersley Iron Pty. Ltd. insofar as the
proposed route traverses any lands owned or leased by that
page 8
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
Company or to which it is entitled to a lease pursuant to the Iron
Ore (Hamersley Range) Agreement Act of 1963;
then subject to subclause 4 of this Clause the State after consulting with
Hamersley Iron Pty. Ltd. and the Company will cause to be surveyed at the cost
of the Company the route which the State considers would be most practicable
and convenient.
(2) As soon as practicable after the completion of that survey and
subject to the payment by the Company of all incidental costs and expenses
including the cost and expense of any necessary acquisition or resumption of
lands over which the route passes the State shall cause to be granted to the
Company a lease easement or license (whichever is most appropriate in the
circumstances) over the surveyed route (exclusive of any part which is a public
road), on such terms as are reasonably required to give effect to the objects and
provisions of this Agreement and to ensure compliance with the conditions (if
any) upon which Hamersley Iron Pty. Ltd. approved of the grant and thereafter
the Company shall be entitled to construct and use the particular railway (with
or without compliance with the requirements of section 96 of the Public Works
Act 1902) roadway or apparatus in accordance with the terms of the said lease
easement or license.
(3) The lease easement or license will continue for so long as the
Company is the lessee of the production site and will enable the Company to
use the surveyed route for the purposes only of constructing, operating,
repairing renewing and, subject to Clause 19, removing the railway, private
roadway or apparatus as the case may be.
(4) Notwithstanding anything hereinbefore contained the State shall
have no obligations to cause a survey to be made or grant a lease, easement or
license under this Clause insofar as to do so would be inconsistent with the
obligations of the State and the rights of Hamersley Iron Pty. Ltd. pursuant to
the Iron Ore (Hamersley Range) Agreement Act of 1963, or would
unreasonably prejudice or interfere with the general requirements of the State in
regard to the use of the area for public purposes or industrial development.
By-laws 3
7.
At the reasonable request of the Company from time to time the Minister
shall recommend to the Governor in Executive Council that he make alter or
repeal as may be desirable by-laws in respect of the management or use of any
of the Company’s facilities that have been constructed pursuant to this
Agreement.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 9
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
8.
(1) On application by the Company the State shall cause to be granted to
the Company such machinery and tailings leases and such other leases, licenses,
reserves and tenements under the Mining Act or under the provisions of the
Land Act modified as in subclause (2) of this Clause provided as the Company
may reasonably require and request for its purposes under this Agreement on or
near the production site. Without limiting the generality of the foregoing the
State shall grant to the Company appropriate rights enabling the Company to
take without royalty stone, gravel, sand, or earth, for the purpose of making
improvements to the work sites.
(2) For the purposes of the preceding subclause the Land Act shall be
deemed to be modified by —
(a) the substitution for subsection (2) of section 45A of the following
subsection: —
(2) Upon the Governor signifying approval pursuant to
subsection (1) of this section in respect of any such land the same
may subject to this section be sold or leased;
(b) the deletion of the proviso to section 116;
(c) the deletion of section 135;
(d) the deletion of section 143;
(e) the inclusion of a power to offer for sale or leasing land within or
in the vicinity of any townsite notwithstanding that the townsite
has not been constituted a townsite under section 10; and
(f) the inclusion of a power to offer for sale or grant leases or licenses
for terms or periods and on such terms and conditions (including
renewal rights) and in forms consistent with the provisions of this
Agreement in lieu of the terms or periods and the terms and
conditions and the forms referred to in the Act.
(3) The provisions of subclause (2) of this Clause shall not operate so as
to prejudice the rights of the State to determine any lease, license or other right
or title in accordance with the other provisions of this Agreement.
Company’s Obligations 3
9.
If the Company gives to the Minister the notice referred to in subclause 1
of Clause 34 then
page 10
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(a) the Company shall not later than the thirty-first day of December,
1968, commence and thereupon diligently proceed with the
construction and establishment on the work sites of a solar salt
plant designed to have the capacity to produce and to load into
ships not less than 475,000 tons of salt per annum, and estimated
with its equipment and staff housing to cost not less than
$5,000,000. The Company shall complete the construction and
establishment of the plant not later than the thirty-first day of
December, 1972.
(b) the Company will be obliged subject to it obtaining satisfactory
markets and finance to progressively increase the capacity of the
plant to produce and load into ships not less than one million tons
of salt per annum.
Royalty 3
10. (1) Throughout the continuance of this Agreement the Company shall
pay to the State a royalty on all salt produced at the work sites and shipped
computed as set out hereunder: —
Rate per ton
On the first 500,000 tons in any year
5 cents
On the second 500,000 tons in any year
6.25 cents
On all tonnages in excess of 1,000,000 tons
in any year
7.5 cents
Tonnages shall be ascertained at Dampier in such manner as
the parties hereto may from time to time agree upon.
Returns 3
(2) Within twenty-one days after the quarter days being the last days of
March, June, September and December in each year commencing with the
quarter day next following the first shipment of salt produced at the work sites
the Company shall furnish to the Minister for Mines a return showing the
quantity of all salt the subject of royalty hereunder shipped during the quarter
ending on the respective quarter day and shall not later than one month after the
date on which such return is due pay to the State the royalty in respect of all salt
shipped during that quarter.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 11
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
Inspection of Records 3
(3) Throughout the continuance of this Agreement the Company shall
permit a nominee of the Minister for Mines to inspect at all reasonable times the
books of account and records of the Company relative to the production of salt
on the work sites and any sale or shipment thereof and to take copies or extracts
therefrom so far as is necessary for the purpose of determining the royalty
payable in respect of salt shipped hereunder. The Company will take reasonable
steps to satisfy the State either by the certificate of a competent independent
party acceptable to the State or otherwise to the reasonable satisfaction of the
Minister for Mines as to all relevant weights and will give due regard to any
objection or representation made by the Minister for Mines or his nominee as to
any particular weight of salt which may affect the amount of royalty payable
hereunder.
Other Charges 3
11. The State may make or cause to be made against vessels using any jetty
erected by the Company the usual charges from time to time prevailing in
respect of services rendered to vessels by the State or any agency
instrumentality or other authority of the State and may charge vessels using any
such jetty such conservancy and pilotage charge or dues as are payable from
time to time pursuant to the provisions of any Act.
Escalation 3
12. (1) Notwithstanding anything herein contained it is hereby agreed by
and between the parties hereto in order to provide for the equitable performance
of this contract that in the event of the price of salt (as hereinafter defined) on
the 14th, 21st, 28th, 35th, 42nd, 49th or 56th anniversaries of the
commencement date (being the day of the commencement of the term of the
lease of the production site) exceeding the price of salt on the 7th anniversary of
the commencement date, then the percentage by which the price of salt on the
relevant anniversary exceeds the price of salt on the 7th anniversary of the
commencement date shall be calculated and the several amounts and payable by
the Company to the State as —
(a) rental under paragraph (b) of subclause (1) of Clause 3;
(b) rental under subclause (3) of Clause 4;
(c) royalty under subclause (1) of Clause 10;
page 12
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
shall be increased by the percentage so calculated and such increased amounts
in respect of those items shall be payable by the Company to the State during
the seven (7) years next following the relevant anniversary.
(2) For the purposes of this Clause the price of salt on the 7th
anniversary of the commencement date and on each of the aforesaid
anniversaries means the average price of salt shipped from the work sites during
the previous year payable by the purchaser or purchasers thereof to the
Company less all export duties taxes and fees payable to the Commonwealth on
the export of salt and the costs and expenses properly incurred and payable by
the Company in respect of that sale from the time it is shipped to the time it is
delivered to and accepted by the purchaser or purchasers including —
(a) ocean freight;
(b) marine insurance;
(c) port and handling charges at the port of discharge:
(d) all costs properly incurred in delivering the salt from the port of
discharge to the purchaser as evidenced by relevant invoices;
(e) all weighing, sampling, analysis, inspection and representation
costs;
(f) all shipping agency charges after shipment; and
(g) all import taxes imposed or levied by the country or the port of
discharge.
(3) Throughout the continuance of this Agreement the Company shall
use its best endeavours to obtain for the salt produced at the production site the
best price possible having regard to market conditions from time to time
prevailing.
Housing 3
13. (1) Subject to the provisions of this Clause the state will on the written
application made from time to time by the Company for land for housing or
staff amenity purposes grant to the Company in such locality as land is available
therefor a lease of such vacant lots as the Company requests on the following
terms and conditions namely: —
(a) for a term of five years commencing from a day to be agreed upon
by the parties hereto;
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 13
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(b) at a rental sufficient to reimburse a reasonable proportion of the
costs (if any) incurred by the State in the preparation of the land for
subdivision;
(c) that the lessee will within eighteen months of the commencement
of the term of each lease granted for housing purposes complete on
the land the subject of that lease the erection of a building for the
accommodation for a family or single persons at a cost of not less
than $15,000;
(d) that on the expiration of the term of the lease and subject to the due
and punctual observance and performance by the lessee of all the
covenants agreements and conditions on the lessee’s part therein
contained, on the request of the lessee the State will grant to the
lessee an estate in fee simple in the land the subject of the lease at a
price not exceeding two hundred dollars ($200) plus Crown Grant
and survey fees;
(e) that the Company will not sell transfer assign sub-let or mortgage
charge or encumber any lease without the consent of the Minister
first had and obtained PROVIDED THAT the consent of the
Minister shall not be required to the transfer assignment or
sub-lease to an employee of the Company of a lot leased for
housing purposes nor to any mortgage of a lot in respect of which
the Company has complied with paragraph (c) of this Clause in
relation to that lot;
(f) that the Company will pay to the relevant local authority (when
requested by the local authority so to do) such amount as the local
authority reasonably requires at the time of the grant of the lease to
enable it to supply or make available the usual services;
(g) otherwise on such terms and conditions as are reasonably required
to give effect to the provisions and objects of this Agreement.
(2) The State shall not be required to lease to the Company pursuant to
this Clause more than one hundred lots. The request for each lot shall be made
by the Company at least six months before the Company requires the lease of
that lot to be granted to it. In the event of the Minister consenting under the
provisions of paragraph (e) of subclause (1) of this Clause to a transfer
assignment or subletting of the lot the State shall not be required to lease
another lot in lieu of the lot so transferred assigned or sublet.
page 14
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
Road Transport 3
14. (1) Subject to the provisions of subclause (2) of this Clause it shall be
lawful for the Company to use for the carriage of salt on any public road
between the production site and the stockpile site prime movers each with two
trailers the combined length of which shall not exceed eighty-five (85) feet
notwithstanding any provision in any Act to the contrary.
(2) The right conferred by subclause (1) of this Clause shall operate until
the tenth anniversary of the day of the first shipment of salt and thereafter until
determined by not less than three years’ notice in writing by the State. Such
notice may be given to expire on the tenth anniversary of the day of the first
shipment of salt or at any time thereafter.
Sea Water 3
15. The Company may without charge draw, take and use sea water for all or
any one or more of its operations in respect of the mining extraction and
production of salt on the work sites and the Company may store at such place
within the work sites as may be convenient or discharge at or below high water
mark at such points near to the work sites as are approved by the State residual
brines resulting from those operations. If requested by the Company the State
shall grant to the Company any necessary easement or licence for these
purposes over Crown lands upon such terms and conditions as shall be
reasonable having regard to the requirements of the Company under this Clause
and the overall development and use by others of those Crown lands. Subject to
the Company’s compliance with the Mining Act and all other relevant statutes
and regulations for the time being in force the Company if and when it becomes
economical so to do shall have the right to the exclusion of any other person to
mine and recover any other minerals, substances or chemicals in the said
residual brines.
Rights of Ingress and Egress 3
16. The State shall from time to time on the written application of the
Company grant to the Company a license or licenses over Crown lands to
permit the Company by its servants agents contractors invitees and customers
the right of ingress to and egress from all or any one or more part or parts of the
work sites on such terms and conditions as shall be reasonable having regard to
the requirements of the Company in respect of the construction maintenance
operation and inspection of the improvements from time to time constructed or
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 15
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
installed on the work sites and to the overall development and use by others of
those Crown lands.
Export License 3
17. If at any time or times under Commonwealth law an export license is
required by the Company for the export of salt then on written request by the
Company the State shall make representations to the Government of the
Commonwealth of Australia for the grant to the Company of a license or
licenses under Commonwealth law for the export of salt in such quantities and
at such rate or rates is shall be reasonable having regard to the tonnage of salt
being produced by the Company at such time or times as a license is so required
and to all contracts made or likely to be made by the Company for the export or
supply of salt from the work sites.
Limitation of Liability 3
18. Where the Company from time to time constructs a levee or other works
on the production site for or incidental to the production of salt and thereafter a
third party makes improvements to lands or becomes the owner of
improvements so made on lands adjacent to the production site and subsequent
to those improvements being made the Company removes (either wholly or
partly) or fails to maintain or to repair that levee or other works and in
consequence thereof the third party suffers sustains or incurs damage to those
improvements or any part thereof then notwithstanding any Act or any rule of
law or equity to the contrary, the Company shall not be liable for those damages
to any person or persons whatsoever.
Default 3
19.
The parties hereto covenant and agree with each other as follows: —
(a) that in any of the following events namely if the Company fails in
any year after the 30th June, 1977 to ship at least 350,000 tons of
salt and furthermore the average of the tonnage shipped in that year
and in the previous three years is less than 350,000 tons a year or if
the Company makes default in the due and punctual performance
of any of the covenants agreements or obligations to the State
herein or in any lease sub-lease easement license or other right or
title granted under this Agreement on its part to be performed or
observed and shall fail to remedy that default within reasonable
time after notice specifying the default is given by the State to the
Company and also to any Mortgagee approved pursuant to
page 16
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
Clause 23 hereof if it has a registered office in Perth (or if the
alleged default is contested by the Company and promptly,
submitted to arbitration within a reasonable time fixed by the
arbitration award where the question is decided against the
Company the arbitrator finding that there was a bona fide dispute
and that the Company had not been dilatory in pursuing the
arbitration) or if the Company abandons or repudiates its
operations under this Agreement or if the Company goes into
liquidation (other than a voluntary liquidation for the purpose of
reconstruction) then and in any of such events the State may by
notice given to the Company determine this Agreement and the
rights of the Company hereunder and under any lease license
easement or right granted or demised hereunder or pursuant hereto
PROVIDED HOWEVER that if the Company fails to remedy any
default after notice is given to the Company specifying the default
or within the time fixed by the arbitration award as aforesaid the
State instead of determining this Agreement as aforesaid because
of such default may itself remedy such default or cause the same to
be remedied (for which purpose the State by its agents workmen or
otherwise shall have full power to enter upon lands occupied by the
Company and to make use of all plant, machinery, equipment and
installations thereon) and the costs and expenses incurred by the
State remedying or causing to be remedied such default shall be a
debt payable by the Company to the State on demand made by the
State;
Effect of determination of Agreement 3
(b) that on the cessation or determination of this Agreement:
(i)
As at 11 Sep 2010
except as otherwise agreed by the Minister the rights of the
Company to in or under this Agreement and the rights of
the Company or any assignee of the Company or any
mortgagee to in or under any lease license easement or
right granted or demised hereunder or pursuant hereto shall
thereupon cease and determine but without prejudice to the
liability of either of the parties hereto in respect of any
antecedent breach or default under this Agreement AND
the Company shall without further consideration but
otherwise at the request and cost of the State transfer or
surrender to the State or the Crown all land the subject of
any lease license easement or right granted or demised
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 17
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
hereunder or pursuant hereto AND the Company hereby
irrevocably constitutes and appoints the Minister or such
person as he may from time to time nominate the true and
lawful attorney of the Company to execute the transfer or
surrenders aforesaid;
(ii)
the Company shall forthwith pay to the State all moneys
which may then have become payable or accrued due;
(iii)
save as aforesaid and as provided in paragraph (c) of this
Clause neither of the parties hereto shall have any claim
against the other with respect to any matter or thing in or
arising out of this Agreement;
(c) that on the cessation or determination of any lease license easement
or right granted or demised hereunder or pursuant hereto by the
State to the Company or (except as otherwise agreed by the
Minister) to an assignee of the Company under Clause 23 hereof
the improvements and things erected on the relevant land other
than machinery equipment and removable buildings shall remain or
become the absolute property of the Crown without compensation
and freed and discharged from all mortgages and encumbrances
and the Company will do such things and execute such documents
(including surrenders) as the State may reasonably require to give
effect to this provision AND the Company hereby irrevocably
constitutes and appoints the Minister or such person as he may
from time to time nominate the true and lawful attorney of the
Company to do those things and to execute those documents
(including surrenders). In the event of the Company immediately
prior to such expiration or determination or subsequent thereto
deciding to remove its machinery equipment and removable
buildings or any of them from the work sites the Company shall
not do so without first notifying the State in writing of its decision
and thereby granting to the State the right or option exercisable
within three (3) months thereafter to purchase at valuation in situ
the said machinery equipment and removable buildings or any of
them. Such valuation will be mutually agreed or in default of
agreement shall be made by such competent valuer as the parties
hereto may appoint or failing agreement as to such appointment
then by two competent valuers one to be appointed by each party or
by an umpire appointed by such valuers should they fail to agree;
page 18
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(d) the provisions of this Clause shall not apply to any land which at or
prior to the date of cessation or termination of this Agreement had
been the subject of a lease granted to the Company pursuant to
Clause 13 and which at that date is held for an estate in fee simple
by any person, or is held for an estate in leasehold by any person
other than the Company, or is held for an estate in leasehold by the
Company and in respect of which the Company has effected some
improvements and has not failed to observe any obligation on its
part under the lease.
20. Any hospital or educational facilities including staff accommodation
which appear to be reasonably necessary to meet the needs of employees of the
Company or contractors engaged by the Company and their families shall be
supplied by the State subject to the Company bearing and paying the capital cost
thereof and if the State and the Company are unable to agree upon the necessity
for such facilities or the standard or cost thereof then the matter shall be
determined by arbitration.
Salt for use in Australia 3
21. The Company acknowledges the desire of the State to have available a
constant and reliable source of supply of salt for use in Australia. To attain this
object the Company, subject to the fulfilment of its overseas contracts will use
its best endeavours to have such quantities of salt available at all times during
the currency of this Agreement for sale for use in Australia as will meet
reasonable demands therefor made on the Company from time to time at a price
which is competitive in the Australian market provided that such price is not
less than that which the Company is receiving or able to receive for similar
quantities of salt sold on similar terms and conditions for use outside Australia.
Restrictions on resumption 3
22.
The State further covenants with the Company that the State —
(a) having regard to the particular nature of the industry proposed to be
established by the Company under this Agreement and subject to
the performance by the Company of its obligations hereunder shall
not resume or suffer or permit to be resumed by any State
instrumentality or by any local or other authority of the said State
any portion of the work sites the resumption of which would
unreasonably impede the Company’s activities nor shall the State
create grant or permit or suffer to be created or granted by an
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 19
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
instrumentality or authority of the said State as aforesaid any road
right of way or easement of any nature or kind whatsoever over or
in respect of the work sites which may unduly prejudice or
interfere with the Company’s operations hereunder without the
consent in writing of the Company first having been obtained
which consent shall not be arbitrarily or unreasonably withheld;
nothing in this paragraph shall prevent the State exercising any
power given it pursuant to paragraph (h) of subclause (1) of
Clause 3 of this Agreement;
No discriminatory taxes or charges 3
(b) except as provided in this Agreement shall not impose or permit or
authorise any of its agencies or instrumentalities or any local or
other authority of the State to impose discriminatory taxes rates or
charges of any nature whatsoever on or in respect of the titles
property or other assets products materials or services used or
produced by or through the operations of the Company in the
conduct of the Company’s business hereunder nor shall the State
take or permit to be taken by any such agency instrumentality or
authority any other discriminatory action which would deprive the
Company of full enjoyment of the rights granted and intended to be
granted under this Agreement;
Upgrading of Roads 3
(c) shall at the request and cost of the Company (except where and to
the extent that the Commissioner of Main Roads agrees to bear the
whole or part of the cost involved) widen upgrade or realign any
public road over which the State has control subject to the prior
approval of the said Commissioner to the proposed work;
Rating 3
(d) shall ensure that notwithstanding the provisions of any Act or
anything done or purported to be done under any Act the valuation
of all lands (whether of a freehold or leasehold nature) the subject
of this Agreement (except as to any part upon which a permanent
residence shall be erected or which is occupied in connection
therewith) shall for rating purposes be deemed to be on the
unimproved value thereof and no such lands shall be subject to any
discriminatory rate;
page 20
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
Labour Conditions 3
(e) shall ensure that during the currency of this Agreement and subject
to compliance with its obligations hereunder the Company shall not
be required to comply with the labour conditions imposed by or
under any Act in regard to any lease of any land within the work
sites.
Assignment 3
23. (1) Subject to the provisions of this Clause and of paragraph (e) of
subclause (1) of Clause 13 hereof the Company may at any time with the prior
written consent of the Minister —
(a) assign mortgage charge sublet or dispose of to any company or
person the whole or any part of the rights of the Company
hereunder (including its rights to or as the holder of any lease
license easement grant or other title) and of the obligations of the
Company hereunder,
and
(b) appoint any other company or person to exercise all or any of the
powers functions and authorities which are or may be conferred on
the Company hereunder;
subject however to the assignee or the appointee executing in favour of the State
a deed of covenant in a form to be approved by the Minister to comply with
observe and perform the provisions hereof on the part of the Company to be
complied with observed or performed in regard to the matter or matters so
assigned or the subject of the appointment.
(2) Notwithstanding anything contained in or anything done under or
pursuant to subclause (1) of this Clause the Company unless the Minister
otherwise agrees shall at all times during the currency of this Agreement be and
remain liable for the due and punctual performance and observance of all the
covenants and agreements on its part contained herein and in any lease license
easement grant or other title the subject of an assignment under the said
subclause (1).
Arbitration 3
24. Any dispute or difference between the parties arising out of or in
connection with this Agreement or any agreed amendment or variation thereof
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 21
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
or agreed addition thereto or as to the construction of this Agreement or any
such amendment variation or addition as to the rights duties or liabilities of
either party hereunder or as to any matter to be agreed upon between the parties
under this Agreement shall in default of agreement between the parties and in
the absence of any provision in this Agreement to the contrary be referred to
and settled by arbitration under the provisions of the Arbitration Act 1895.
Variation 3
25. The parties hereto may from time to time by mutual agreement in writing
add to, vary or cancel all or any of the provisions of the Agreement or any lease
license easement or right granted or demised hereunder or pursuant hereto for
the purpose of more efficiently or satisfactorily implementing or facilitating any
of the objects of this Agreement.
26. During the period of this Agreement the State shall not authorise the
construction of any works which could reasonably be considered as having the
possible effect of stopping the from of sea water around the northern or southern
ends of West Intercourse Island to or from the production site or so diminishing
such flow as to result in the drawing of sea water by the Company from the
western side of the production site being either impracticable or only practicable
with the expenditure by the Company of additional money for capital or in
operating costs.
Force Majeure 3
27. This agreement shall be deemed to be made subject to any delays in the
performance of obligations under this Agreement and to the temporary
suspension of continuing obligations hereunder and to relief from forfeiture for
failure to produce the annual and average tonnages referred to in paragraph (a)
of Clause 19 which may be occasioned by or arise from circumstances beyond
the power and control of the party responsible for the performance of such
obligations including delays or any such temporary suspension or failure as
aforesaid caused by or arising from Act of God force majeure floods storms
tempests washaways abnormal tides and waves fire (unless caused by the actual
fault or privity of the Company) act of war act of public enemies riots civil
commotions strikes lockouts stoppages restraint of labour or other similar acts
(whether partial or general) shortages of labour or essential materials reasonable
failure to secure contractors delays of contractors and inability (common in the
salt export industry) to profitably sell salt or factors due to overall world
economic conditions or factors which could not reasonably have been foreseen
PROVIDED ALWAYS that the party whose performance of obligations is
page 22
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
affected by any of the said causes shall minimise the effect of the said causes as
soon as possible after their occurrence.
Continuance of Agreement 3
28. (1) If the Company is desirous of a further continuance of this
Agreement (whether in the same or any varied or modified form) and if the
parties hereto have not at least fifteen (15) months prior to the expiration of the
second term of renewal of the lease of the production site (hereinafter referred
to as “the expiration of the second renewal”) agreed upon the terms and
conditions in respect of a further agreement for the production at and shipment
of salt from the work sites then the State shall at least fourteen (14) months prior
to the expiration of the second renewal make the Company such written offer
(hereinafter called “the offer”) of the terms and conditions of the further
agreement as it deems reasonable and unless the Company has —
(i) within the month next following the receipt of the offer accepted it
(either in the form so offered or as modified or varied by
negotiation between the parties hereto), or
(ii) within the fourteen days next following the receipt of the offer
referred that offer or the part or parts thereof which the Company
considers unreasonable to arbitration as provided in subclause (2)
of this Clause;
the State may at the expiration of that month proceed as in manner set out in
subclause 3 of this Clause.
(2) Within the fourteen (14) days next following the receipt of the offer
the Company may elect by notice to the State to refer to arbitration any dispute
concerning the reasonableness of the State’s offer or any part or parts thereof
and will within fourteen (14) days next following such election refer to
arbitration that dispute. Unless the Company within the fourteen (14) days next
following the receipt by it of the award on arbitration by notice to the State
accepts the offer as valid or modified by the award on arbitration the State may
proceed as in manner set out in subclause (3) of this Clause.
(3) If the Company has not accepted the offer or the offer as varied or
modified by the award on arbitration subject to and in accordance with the
provisions set out in subclause (1) or (2) respectively of this clause then the
State may enter into an agreement for the production and shipment of salt from
the sites previously leased to the Company with any other person on terms and
conditions more favourable on the whole than the offer made by the State or in
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 23
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
the event of the offer having been submitted to arbitration the offer as varied or
modified by the award on arbitration provided the State has first offered to the
Company the right of first refusal of such terms and conditions and such offer is
not accepted by the Company within a reasonable time.
Indemnity 3
29. The Company will indemnify and keep indemnified the State and its
servants agents (including all Ministers of the Crown in right of the State of
Western Australia and contractors in respect of all actions suits claims demands
or costs arising out of or in connection with the construction maintenance or use
by the Company or its servants agents contractors or assignees of the
Company’s solar salt plant, jetty, berthing or loading facilities, roads, railways
or other works or services the subject of this Agreement or any plant apparatus
or equipment associated therewith.
Compliance With Laws 3
30. Subject to this Agreement the Company in the construction operation
maintenance and use of any work installation plant machinery equipment
service or facility provided or controlled by it shall comply with and observe the
laws for the time being in force in the State of Western Australia.
Notices 3
31. Any notice consent request or other writing authorised or required by this
Agreement to be given shall be deemed to have been duly given by the State or
the Minister if signed by the Minister or by any senior officer of the Civil
Service of the said State acting by the direction of the Minister and forwarded
by pre-paid registered post to the Company or an approved mortgagee or
assignee as the case may require at its registered office for the time being in the
said State and by the Company if signed on its behalf by any person or persons
for the time being appointed by it for the purposes of this Clause and forwarded
by pre-paid registered post to the Minister at his office in Perth AND any such
notice consent or writing shall be deemed to have been duly given on the day on
which it would be delivered in the ordinary course of post.
Relevant Law 3
32. (1) This Agreement shall be interpreted according to the law for the time
being in force in the said State.
page 24
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
(2) All payments made or to be made under this Agreement shall be
made in the State of Western Australia in Australian currency unless otherwise
agreed. All sums mentioned herein are in Australian currency.
Expiration of Agreement 3
33. This Agreement shall expire on the expiration or sooner determination of
the lease of the production site (including the respective renewals thereof) but
without prejudice to the right of action of either party hereto in respect of any
breach of the covenants agreements and conditions herein contained.
Conditions 3
34. (1) This Agreement is conditional upon the Company at any time prior
to the 31st day of December, 1968, giving notice to the Minister that —
(a) the Company has entered into or intends to enter into contracts or
arrangements satisfactory to the Company for the sale by the
Company of salt; and
(b) the Company has made or is about to make arrangements
satisfactory to the Company for financing the works referred to in
Clause 9 hereof and that the Company proposes to proceed with
such works.
Determination by Company 3
(2) Notwithstanding anything herein contained the Company may at any
time give notice to the State that matters have arisen which make the completion
or continuance of the works impracticable or uneconomic and desires to
determine this Agreement whereupon this Agreement will then cease and
determine and the State may enforce all or any one or more of its rights
remedies or powers set out in Clause 19 hereof.
Right of Surrender 3
(3) The Company shall have the right at any time and from time to time
to surrender to the Crown in right of the State any reasonably substantial part of
the work sites which is no longer required by the Company.
Power to extend periods 3
35. Notwithstanding any provision hereof the Minister may at the request of
the Company from time to time extend any period or alter any date referred to in
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 25
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
this Agreement for such period or to such other date as the Minister thinks fit
and the extended period or other date when advised to the Company by notice
from the Minister shall be deemed for all purposes hereof substituted for the
period or date so extended or altered.
Provided that where any such extension of period or alteration of date
would have the effect either directly or indirectly of extending the term of any
lease license temporary reserve or other concession granted under the Mining
Act the consent of the Minister shall not operate until the Company has also
obtained the like consent of the Minister for Mines.
36. The State shall exempt from any stamp duty which but for the operation
of this clause would or might be chargeable on —
(a) this Agreement;
(b) any instrument executed by the State pursuant to this Agreement
granting to or in favour of the Company or any permitted assignee
of the Company any lease license easement or right granted or
demised hereunder or pursuant hereto:
PROVIDED THAT this clause shall not apply to any instrument or other
document executed or made more than seven years from the date hereof.
IN WITNESS whereof this Agreement has been executed by or on behalf
of the parties hereto the day and year first hereinbefore mentioned.
SIGNED SEALED AND DELIVERED
by THE HONOURABLE DAVID
BRAND, M.L.A. in the presence
of —
DAVID BRAND.
[L.S.]
C. W. COURT,
Minister for Industrial
Development.
page 26
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
First Schedule
Dampier Solar Salt Industry Agreement
THE COMMON SEAL OF DAMPIER
SALT LIMITED WAS HEREUNTO
AFFIXED BY AUTHORITY OF
THE DIRECTORS, in the presence
of —
[L.S.]
S. CHRISTIE,
Director.
NEIL R. CAFFIN,
Secretary.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 27
Dampier Solar Salt Industry Agreement Act 1967
Second Schedule
Variation agreement
Second Schedule — Variation agreement
[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
AN AGREEMENT made the 18th day of October 1974
BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL
COURT, O.B.E., M.L.A., Premier of the State of Western Australia acting for
and on behalf of the said State and instrumentalities thereof from time to time
(hereinafter referred to as “the State”) of the one part AND DAMPIER SALT
LIMITED a company incorporated under the provisions of the statutes of
Western Australia and having its registered office in the State of Western
Australia at Perth (hereinafter called “the Company”) of the other part.
WHEREAS:
(a) The parties are the parties to the agreement between them defined in
section 2 of the Dampier Solar Salt Industry Agreement Act 1967
(which agreement in the form printed in that Act is hereinafter
referred to as “the principal agreement”).
(b) The parties desire to add to and amend the principal agreement as
hereinafter provided.
NOW THIS AGREEMENT WITNESSETH —
1.
Subject to the context the words and expressions used in this Agreement
have the same meanings respectively as they have in and for the purposes of the
principal agreement.
2.
The provisions of this agreement shall not come into operation unless and
until a Bill to approve and ratify this Agreement is passed by the Legislature of
the said State and comes into operation as an Act.
3.
The principal agreement is hereby amended as follows —
(1) Clause 3 is amended —
(a) as to subclause (1) by substituting for the passage
“Plan initialled on behalf of the parties hereto for the
purpose of identification and comprising approximately
28,600 acres” in lines four five and six, the passage “Plan
marked “A” initialled on behalf of the parties hereto for
page 28
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
Second Schedule
Variation agreement
the purpose of identification and comprising
approximately 36,362 acres”;
(b) as to subclause (2) by substituting for the word “Plan” in line
six, the passage “Plan marked “A” ”;
and
(c) as to subclause (3) by substituting for the word “plan” in line
four, the passage “Plan marked “A” ”;
(2) Clause 27 is amended by adding after the word “shall” in line twenty
three, the words “promptly give notice to the other party of the event
or events and shall”;
and
(3) by adding after Clause 30 a new clause 30A as follows —
Environmental Protection 3
30A. Nothing in this Agreement shall be construed to
exempt the Company from compliance with any requirement in
connection with the protection of the environment arising out of
or incidental to the operations of the Company hereunder that
may be made by the State or any State agency or instrumentality
or any local or other authority or statutory body of the State
pursuant to any Act for the time being in force.
IN WITNESS whereof this Agreement has been executed by or on behalf of the
parties hereto the day and year first hereinbefore mentioned.
SIGNED by THE HONOURABLE SIR
CHARLES WALTER MICHAEL
COURT, O.B.E., M.L.A., in the
presence of —
CHARLES COURT
ANDREW MENSAROS,
Minister for Industrial Development
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 29
Dampier Solar Salt Industry Agreement Act 1967
Second Schedule
Variation agreement
The Common Seal of DAMPIER SALT
LIMITED was hereunto affixed by
authority of the Directors in the
presence of —
(C.S.)
I. BORRIE,
Director.
N. R. CAFFIN,
Secretary.
[Second Schedule inserted: No. 50 of 1974 s. 5.]
page 30
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010
Dampier Solar Salt Industry Agreement Act 1967
Notes
1
This is a compilation of the Dampier Solar Salt Industry Agreement Act 1967 and
includes the amendments made by the other written laws referred to in the
following table. The table also contains information about any reprint.
Compilation table
Short title
Number
and year
Assent
Commencement
Dampier Solar Salt
Industry Agreement
Act 1967
76 of 1967
11 Dec 1967 11 Dec 1967
Dampier Solar Salt
Industry Agreement
Act Amendment Act 1974
50 of 1974
26 Nov 1974 26 Nov 1974
Reprint of the Dampier Solar Salt Industry Agreement Act 1967 as at 6 Dec 2002
(includes amendment listed above)
Standardisation of
Formatting Act 2010 s. 4
and 42(2)
2
3
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and
Gazette 10 Sep 2010 p. 4341)
Repealed by the Interpretation Act 1984.
Marginal notes in the agreement have been represented as bold headnotes in this
reprint but that does not change their status as marginal notes.
As at 11 Sep 2010
Version 01-c0-06
Published on www.legislation.wa.gov.au
page 31
Dampier Solar Salt Industry Agreement Act 1967
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term
Provision(s)
the Agreement ....................................................................................................... 2
the variation agreement ......................................................................................... 2
page 32
Version 01-c0-06
Published on www.legislation.wa.gov.au
As at 11 Sep 2010