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



Iron Ore (Channar Joint Venture) Agreement

Act 1987



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



Western Australia



Iron Ore (Channar Joint Venture) Agreement

Act 1987

Contents

1.

2.

3.

4.

5.



Short title

Commencement

Interpretation

Ratification and authorisation

By-laws



1

1

1

2

2



Schedule 1 — Iron Ore (Channar

Joint Venture) Agreement

Schedule 2 — 2017 variation

agreement

Notes

Compilation table



62



Defined terms



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page i



Western Australia



Iron Ore (Channar Joint Venture) Agreement

Act 1987

An Act to ratify an agreement on behalf of the State with CMIEC

(Channar) Pty. Ltd. and Channar Mining Pty. Limited and

Hamersley Iron Pty. Limited relating to the development and

treatment of iron ore and for incidental and other purposes.

1.



Short title

This Act may be cited as the Iron Ore (Channar Joint Venture)

Agreement Act 1987 1.



2.



Commencement

This Act shall come into operation on the day that it receives the

Royal Assent 1.



3.



Interpretation

In this Act unless the contrary intention appears —

2017 variation agreement means the agreement a copy of

which is set out in Schedule 2;

the Agreement means the agreement a copy of which is set out

in Schedule 1 and, except in section 4(1), includes that

agreement as varied from time to time in accordance with its

provisions and by the 2017 variation agreement;

the Joint Venturers has the same meaning as that expression

has in and for the purposes of the Agreement.

[Section 3 amended: No. 13 of 2017 s. 4.]



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 1



Iron Ore (Channar Joint Venture) Agreement Act 1987



s. 4



4.



Ratification and authorisation

(1)



(1A)



The Agreement is hereby ratified.

The 2017 variation agreement is ratified.



(2)



The implementation of the Agreement is authorised.



(3)



Without affecting the Government Agreements Act 1979, the

Agreement has effect notwithstanding any other Act or law.

[Section 4 amended: No. 13 of 2017 s. 5.]



5.



By-laws

(1)



The Governor may, on the recommendation of the Joint

Venturers, make by-laws in accordance with and for the

purposes referred to in the Agreement.



(2)



By-laws made pursuant to this section —

(a) are not subject to section 42 of the Interpretation

Act 1984 but shall be laid before each House of

Parliament within 6 sitting days of such House next

following publication of the by-laws in the Government

Gazette;

(b) may provide that contravention of or failure to comply

with a by-law constitutes an offence and provide

penalties not exceeding $100 for offences against the

by-laws.



page 2



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Schedule 1 — Iron Ore (Channar Joint

Venture) Agreement

[Heading inserted: No. 13 of 2017 s. 6.]

THIS AGREEMENT made this 27th day of October 1987 BETWEEN THE

HONOURABLE BRIAN THOMAS BURKE, Premier of the State of Western

Australia, acting for and on behalf of the said State and its instrumentalities

from time to time (hereinafter called “the State”) of the first part CMIEC

(CHANNAR) PTY. LTD. a company incorporated in Western Australia and

having its registered office at 140 St. George’s Terrace, Perth and CHANNAR

MINING PTY. LIMITED a company incorporated in Western Australia and

having its registered office at 191 St. George’s Terrace, Perth (hereinafter

together called the “Joint Venturers” in which term shall be included their

respective successors and permitted assigns) of the second part and

HAMERSLEY IRON PTY. LIMITED a company incorporated in Victoria and

having its registered office in the State of Western Australia at 191 St George’s

Terrace, Perth (hereinafter called “Hamersley”) of the third part.

WHEREAS:

(a)



the Joint Venturers, having established the economic viability thereof,

desire to recover and market to the People’s Republic of China iron ore

from the land shown bordered green on the plan marked “A” (which has

been initialled by or on behalf of the parties hereto for the purpose of

identification) through a joint venture in which CMIEC (Channar) Pty.

Ltd. will hold an undivided 40% Participating Interest and Channar

Mining Pty. Limited will hold an undivided 60% Participating Interest;

and



(b)



the Joint Venturers intend to provide such facilities and services as may

be necessary for their operations under this Agreement and for the

accommodation and welfare of their workforce at or in the vicinity of the

land referred to in recital (a) hereof or elsewhere within the Pilbara

region.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 3



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



NOW THIS AGREEMENT WITNESSETH:

Definitions 2

1.



In this Agreement subject to the context —

“advise”, “apply”, “approve”, “approval”, “consent”, “certify”, “direct”,

“notify”, “request”, or “require”, means advise, apply, approve, approval,

consent, certify, direct, notify, request, or require in writing as the case

may be and any inflexion or derivation of any of those words has a

corresponding meaning; “approved proposal” means any proposal

approved under this Agreement;

“associated company” means CMIEC and Hamersley;

“Clause” means a clause of this Agreement;

“CMIEC” means China Metallurgical Import and Export Corporation a

corporation existing under the laws of the People’s Republic of China;

“commencement date” means the date the Bill referred to in Clause 3

comes into operation as an Act;

“Commonwealth” means the Commonwealth of Australia and includes

the Government for the time being thereof;

“Dampier” includes East Intercourse Island and Parker Point;

“direct shipping ore” means iron ore which has an average pure iron

content of not less than 60% which will not pass through a 6 millimetre

mesh screen and which is sold without concentration or other

beneficiation other than crushing and screening;

“fine ore” means iron ore which has an average pure iron content of not

less than 60% which will pass through a six millimetre mesh screen and

which is sold without concentration or other beneficiation other than

crushing and screening;

“fines” means iron ore (not being direct shipping ore or fine ore) which

will pass through a six millimetre mesh screen;

“f.o.b. revenue” means the price for iron ore the subject of any shipment

or sale which is payable by the purchaser thereof to the Joint Venturers or

either of them as the case may be or, where there is no price paid for iron



page 4



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



ore the subject of any shipment or where the Minister is not satisfied that

a price paid for iron ore the subject of a shipment or sale represents a fair

and reasonable price therefor, such amount as is agreed between the Joint

Venturers or the relevant Joint Venturer and the State or, failing

agreement, as determined by the Minister, after deducting all export

duties and export taxes payable to the Commonwealth on the export of

the iron ore and all costs and charges reasonably and properly incurred

and payable by the Joint Venturers or the relevant Joint Venturer to the

State or a third party from the time the iron ore shall be placed on ship at

the point of loading to the time the same is delivered to the port of

discharge, including:

(1)



ocean freight;



(2)



marine insurance;



(3)



weighing, sampling, assaying, inspection and representation costs

incurred on discharge or delivery;



(4)



shipping agency charges; and



(5)



such other costs and charges as the Minister may in his discretion

consider reasonable in respect of any shipment or sale.



For the purposes of this definition —

(a)



the Minister may (in respect of costs or charges as set out in

items (1) to (4) inclusive of this definition) notify the Joint

Venturers or either of them as the case may require in writing that

in respect of any shipment or sale he does not regard a cost or

charge as having being reasonably and properly incurred and in

such case the Joint Venturers or the relevant Joint Venturer may

refer the matter to arbitration hereunder and unless and until such

matter is resolved in favour of the Joint Venturers or the relevant

Joint Venturer, such cost or charge shall not be deemed to have

been reasonably and properly incurred;



(b)



notwithstanding anything contained in this definition to the

contrary, a cost or charge as set out in items (1) to (4) inclusive of

this definition shall not (unless the Minister so determines in

accordance with the provisions of paragraph (c) of this definition)

be deemed to be reasonably and properly incurred if such charge is

directly or indirectly imposed upon or incurred by the Joint



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 5



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Venturers or either of them pursuant to an arrangement entered into

between the Joint Venturers or either of them and the State:

(c)



costs or charges other than those set out in Items (1) to (4)

inclusive of this definition and costs and charges to which

paragraph (b) of this definition applies shall be deemed to be

reasonably and properly incurred if the Minister in his discretion so

determines and in making his determination the Minister shall have

regard to such matters as the parties to and the bona fide nature of

the transaction resulting in the cost or charge.



“Joint Venturers’ workforce” means the persons (and dependants of those

persons) connected directly with the Joint Venturers’ activities under this

Agreement, whether or not such persons are employed by the Joint

Venturers;

“Land Act” means the Land Act 1933;

“local authority” means the council of a municipality that is a city, town

or shire constituted under the Local Government Act 1960;

“Mining Act” means the Mining Act 1978;

“mining lease” means the mining lease granted pursuant to Clause 15 and

according to the requirements of the context shall describe the area of

land demised as well as the instrument by which it is demised;

“Minister” means the Minister in the Government of the State for the time

being responsible (under whatsoever title) for the administration of the

Act to ratify this Agreement and pending the passing of that Act means

the Minister for the time being designated in a notice from the State to the

Joint Venturers and includes the successors in office of the Minister;

“Minister for Minerals and Energy” means the Minister in the

Government of the State for the time being responsible for the

administration of the Mining Act;

“month” means calendar month;

“notice” means notice in writing;

“person” or “persons” includes bodies corporate;

“private road” means a road which is either constructed by the Joint

Venturers in accordance with approved proposals or agreed by the State

page 6



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



and the Joint Venturers to be a private road for the purposes of this

Agreement;

“said State” means the State of Western Australia;

“State Energy Commission” means The State Energy Commission of

Western Australia as described in section 7 of the State Energy

Commission Act 1979;

“subclause” means subclause of the Clause in which the term is used;

“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;

“tonne” means a tonne of one thousand kilograms net dry weight;

“wharf” includes any jetty structure.

Interpretation 2

2.



In this Agreement —

(a)



monetary references are references to Australian currency unless

otherwise specifically expressed;



(b)



power given under any clause other than Clause 38 to extend any

period or date shall be without prejudice to the power of the

Minister under Clause 38;



(c)



marginal notes do not affect the interpretation or construction 2;



(d)



words in the singular shall include the plural and words in the

plural shall include the singular according to the requirements of

the context;



(e)



reference to an Act includes the amendments to that 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; and



(f)



any covenant or agreement on the part of the Joint Venturers

hereunder shall be deemed to be a joint and several covenant or

agreement as the case may be.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 7



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Initial obligations of the State 2

3.



The State shall —

(a)



introduce and sponsor a Bill in the Parliament of Western Australia

to ratify this Agreement and endeavour to secure its passage as an

Act prior to 31 December 1987; and



(b)



to the extent reasonably necessary for the purposes of this

Agreement allow the Joint Venturers to enter upon Crown Lands

(including, if applicable, land the subject of a pastoral lease).



Ratification and operation 2

4.



(1)



The provisions of this Agreement other than this Clause and

Clauses 1, 2 and 3 shall not come into operation until the Bill

referred to in Clause 3 has been passed by the Parliament of

Western Australia and comes into operation as an Act.



(2)



If before 31st December 1987 the said Bill has not commenced to

operate as an Act this Agreement will, unless the parties hereto

otherwise agree, then cease and determine.



(3)



On the said Bill commencing to operate as an Act all the provisions

of this Agreement shall operate and take effect notwithstanding the

provisions of any Act or law.



Initial obligations of the Joint Venturers 2

5.



(1)



The Joint Venturers shall continue their field and office

engineering, environmental, market and finance studies and other

matters necessary to enable them to finalise and to submit to the

Minister the detailed proposals referred to in Clause 7 and their

proposed marketing arrangements pursuant to Clause 6.



(2)



The Joint Venturers shall keep the State fully informed in writing

quarterly as to the progress and results of their operations under

subclause (1). The first quarterly report shall be lodged during the

month of April 1988 and shall be in respect of the quarter ending

on the last day of March 1988 and thereafter the quarterly reports

shall be in respect of the quarter ending on the last day of the

month preceding the month in which they are lodged.



page 8



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(3)



The Joint Venturers shall cooperate with the State and consult with

the representatives or officers of the State regarding matters

referred to in subclause (1) and any other relevant studies in

relation to that subclause that the Minister may wish to undertake.



Marketing arrangements 2

6.



Prior to or at the time of the submission of the proposals required

pursuant to subclause (1) of Clause 7 the Joint Venturers shall furnish to

the State’s satisfaction evidence that contracts are in place for the sale or

supply by the Joint Venturers severally of iron ore from the land referred

to in recital (a) hereof to the People’s Republic of China together with

details of the tonneages involved and the duration of the respective

contracts and of the proposed marketing arrangements (including the

provision of marketing services) relative thereto and such other details as

the Minister may require.



Joint Venturers to submit proposals 2

7.



(1)



The Joint Venturers shall on or before 30th June 1988 (or by such

extended date as the Minister may allow as hereinafter provided)

and subject to the provisions of this Agreement, submit to the

Minister to the fullest extent reasonably practicable their detailed

proposals (including plans where practicable and specifications

where reasonably required by the Minister) with respect to the

mining of iron ore from the land referred to in recital (a) hereof and

the transport and shipment of iron ore mined which proposals shall

make provision for the necessary workforce and associated

population required to enable the Joint Venturers to mine and

recover iron ore from the land referred to in recital (a) hereof.



Use of existing infrastructure 2

(2)



The said proposals may, with the approval of the Minister and

Hamersley, or any third parties concerned, as the case may be,

provide for the use by the Joint Venturers upon reasonable terms

and conditions of any existing works installations facilities

equipment and services belonging to Hamersley, wherever

possible, or to any third party instead of providing for the

construction of new facilities.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 9



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(3)



The said proposals shall include the location, area, layout, design,

quantities, materials and time programme for the commencement

and completion of construction or the provision (as the case may

be) of each of the following matters, namely —

(a)



the mining and recovery of iron ore including mining

crushing screening handling transport and storage of iron ore

and plant facilities;



(b)



roads;



(c)



housing and accommodation for the Joint Venturers’

workforce including the provision of utilities, services and

associated facilities;



(d)



water supply;



(e)



power supply;



(f)



any other works, services or facilities desired by the Joint

Venturers;



(g)



use of local labour professional services manufacturers

suppliers contractors and materials and measures to be taken

with respect to the engagement and training of employees by

the Joint Venturers their agents and contractors;



(h)



any leases licences or other tenures of land required from the

State; and



(i)



an environmental management programme as to measures to

be taken, in respect of the Joint Venturers’ activities under

this Agreement, for the protection and management of the

environment.



Order of proposals 2

(4)



page 10



The proposals pursuant to subclause (3) may with the approval of

the Minister or if so required by him be submitted separately and in

any order as to the matter or matters mentioned in one or more of

paragraphs (a) to (i) of subclause (3).



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(5)



At the time when the Joint Venturers submit the said proposals

they shall —

(a)



submit to the Minister —

Work outside Australia 2

(i)



details of those elements of the project engineering

design and management, equipment procurement and

installation, materials, fabrication, services and

construction that they propose to consider obtaining

from or having carried out or permitting to be

obtained from or carried out outside Australia other

than work concerning internal organisational activities

and services to be commissioned by CMIEC in the

People’s Republic of China together with their reasons

therefor and shall, if required by the Minister, consult

with the Minister with respect thereto;



Iron ore reserves 2

(ii)



(b)



a summary of measured, indicated and inferred

reserves of iron ore within the land referred to in

recital (a) hereof; and



furnish to the State’s satisfaction evidence of —

Financial arrangements 2

(i)



the availability of finance necessary for the fulfilment

of the operations to which the said proposals refer;



Readiness to proceed 2

(ii)



(6)



the readiness of the Joint Venturers to embark upon and

proceed to carry out the operations referred to in the

said proposals.



If the Joint Venturers do not submit the said proposals by 30th June

1988 or such extended date as aforesaid this Agreement shall on

such date or such extended date as the case may be cease and

determine.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 11



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Effect of early determination 2

8.



If this Agreement shall cease and determine by virtue of the provisions of

Clause 4 or subclause (6) of Clause 7 none of the parties hereto will 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.



Consideration of proposals 2

9.



(1)



On receipt of the said proposals pursuant to subclause (1) of

Clause 7 the Minister shall —

(a)



approve of the said proposals either wholly or in part without

qualification or reservation; or



(b)



defer consideration of or decision upon the same until such

time as the Joint Venturers submit a further proposal or

proposals in respect of some other of the matters mentioned

in subclause (3) of Clause 7 not covered by the said

proposals; or



(c)



require as a condition precedent to the giving of his approval

to the said proposals that the Joint Venturers make such

alteration thereto or comply with such conditions in respect

thereto as he (having regard to the circumstances including

the overall development of and the use by others as well as

the Joint Venturers of all or any of the facilities proposed to

be provided) thinks reasonable and in such a case the

Minister shall disclose his reasons for such conditions.



Advice of Minister’s decision 2

(2)



The Minister shall within two months after receipt of the said

proposals pursuant to subclause (1) give notice to the Joint Venturers

of his decision in respect to the same.



Consultation with Minister 2

(3)



page 12



If the decision of the Minister is as mentioned in either of

paragraphs (b) or (c) of subclause (1) the Minister shall afford the

Joint Venturers full opportunity to consult with him and should they



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



so desire to submit new or revised proposals either generally or in

respect to some particular matter.

Minister’s decision subject to arbitration 2

(4)



If the decision of the Minister is as mentioned in either of

paragraphs (b) or (c) of subclause (1) and the Joint Venturers

consider that the decision is unreasonable the Joint Venturers within

two months after receipt of the notice mentioned in subclause (2)

may elect to refer to arbitration in the manner hereinafter provided

the question of the reasonableness of the decision.



Arbitration award 2

(5)



An award made on an arbitration pursuant to subclause (4) shall

have force and effect as follows —

(a)



if by the award the dispute is decided against the Joint

Venturers then unless the Joint Venturers within 3 months

after delivery of the award give notice to the Minister of

their acceptance of the award this Agreement shall on the

expiration of that period of 3 months cease and determine; or



(b)



if by the award the dispute is decided in favour of the Joint

Venturers the decision shall take effect as a notice by the

Minister that he is so satisfied with and approves the matter

or matters the subject of the arbitration.



Effect of non-approval of proposals 2

(6)



Notwithstanding that under subclause (1) any detailed proposals of

the Joint Venturers are approved by the Minister or determined by

arbitration award, unless each and every such proposal and matter is

so approved or determined by 30th June 1989 or by such extended

date if any as the Joint Venturers shall be granted pursuant to the

provision of this Agreement then the Minister may give to the Joint

Venturers 12 months notice of intention to determine this Agreement

and unless before the expiration of the said 12 months period all the

detailed proposals and matters are so approved or determined this

Agreement shall cease and determine subject however to the

provisions of Clause 40.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 13



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Implementation of proposals 2

(7)



The Joint Venturers shall implement the approved proposals in

accordance with the terms thereof.



Additional proposals 2

10.



If the Joint Venturers at any time during the continuance of this

agreement desire to significantly modify expand or otherwise vary their

activities carried on pursuant to this Agreement beyond those specified in

any approved proposals they shall give notice of such desire to the

Minister and within 2 months thereafter shall submit to the Minister

detailed proposals in respect of all matters covered by such notice and

such of the other matters mentioned in paragraphs (a) to (i) of

subclause (3) of Clause 7 as the Minister may require. The provisions of

Clause 7 (other than subclause (6)) and Clause 9 (other than

subclauses (5) and (6)) shall mutatis mutandis apply to detailed proposals

submitted pursuant to this subclause with the proviso that the Joint

Venturers may withdraw such proposals at any time before approval

thereof or, where any decision of the Minister in respect thereof is

referred to arbitration, within 3 months after the award by notice to the

Minister that they shall not be proceeding with the same. The Joint

Venturers shall implement the approved proposals in accordance with the

terms thereof.



Protection and management of the environment 2

11.



(1)



The Joint Venturers shall in respect of the matters referred to in

paragraph (i) of subclause (3) of Clause 7 and which are the subject

of approved proposals under this Agreement, carry out a

continuous programme including monitoring and the study of

sample areas to ascertain the effectiveness of the measures they are

taking pursuant to such approved proposals for rehabilitation and

the protection and management of the environment and shall as and

when reasonably required by the Minister from time to time submit

to the Minister a detailed report thereon.



(2)



Whenever as a result of their monitoring under subclause (1) or

otherwise information becomes available to the Joint Venturers

which in order to more effectively rehabilitate, protect or manage

the environment may necessitate or could require any changes or



page 14



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



additions to any approved proposals or require matters not

addressed in approved proposals to be addressed the Joint

Venturers shall forthwith notify the Minister thereof and with such

notification shall submit a detailed report thereon.

(3)



The Minister may within 2 months of the receipt of a detailed

report pursuant to subclauses (1) or (2) notify the Joint Venturers

that he requires additional detailed proposals to be submitted in

respect of all or any of the matters the subject of the report and

such other matters as the Minister may require.



(4)



The Joint Venturers shall within 2 months of the receipt of a notice

given pursuant to subclause (3) submit to the Minister additional

detailed proposals as required and the provisions of Clause 7 (other

than subclause (6)) and Clause 9 (other than subclauses (5) and (6))

where applicable shall mutatis mutandis apply in respect of such

proposals.



(5)



The Joint Venturers shall implement the decision of the Minister or

an award made on arbitration as the case may be in accordance

with the terms thereof.



Use of local labour services and materials 2

12.



(1)



The Joint Venturers shall, for the purposes of this Agreement —

(a)



except in those cases where the Joint Venturers can

demonstrate it is impracticable so to do, use labour available

within the said State:



(b)



as far as it is reasonable and economically practicable so to

do use the services of engineers surveyors architects and

other professional consultants, project managers

manufacturers suppliers and contractors resident and

available within the said State;



(c)



when preparing specifications calling for tenders and letting

contracts for works materials plant equipment and supplies

ensure that suitably qualified Western Australian suppliers

manufacturers and contractors are given fair and reasonable

opportunity to tender or quote; and



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 15



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(d)



give proper consideration and where possible preference to

Western Australian manufacturers suppliers and contractors

when letting contracts or placing orders for works materials

plant equipment and supplies where performance price

quality delivery and service are equal to or better than that

obtainable elsewhere.



(2)



Except as otherwise agreed by the Minister the Joint Venturers

shall in every contract entered into with a third party for the supply

of services labour works materials plant equipment and supplies for

the purposes of this Agreement require as a condition thereof that

such third party shall undertake the same obligations as are referred

to in subclause (1) and shall report to the Joint Venturers

concerning such third party’s implementation of that condition.



(3)



The Joint Venturers shall submit a report to the Minister at

quarterly intervals commencing from the date of this Agreement or

such longer periods as the Minister may from time to time

determine concerning their implementation of the provisions of this

Clause and the performance of third parties in relation thereto

pursuant to subclause (2) together with a copy of any report

received by the Joint Venturers pursuant to that subclause during

that quarter.



Roads — Private roads 2

13.



(1)



page 16



The Joint Venturers shall —

(a)



be responsible for the cost of the construction and

maintenance of all private roads which shall be used in their

operations hereunder;



(b)



ensure that all private roads (other than any such roads

specified in approved proposals as not for use by the public)

are constructed and maintained in accordance with the

requirements from time to time of the Commissioner of

Main Roads; and



(c)



at any place where such private roads cross any roads or

railways used by the public provide at their cost such

reasonable protection as may be required by the Railways



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Commission or the Commissioner of Main Roads as the case

may be.

Maintenance of public roads 2

(2)



The State shall maintain or cause to be maintained those public roads

under the control of the Commissioner of Main Roads or a local

authority which may be used by the Joint Venturers to a standard

similar to comparable public roads maintained by the Commissioner

of Main Roads or a local authority as the case may be.



Upgrading of public roads 2

(3)



In the event that for or in connection with the Joint Venturers’

operations hereunder the Joint Venturers or any person engaged by

the Joint Venturers uses or wishes to use a public road referred to in

subclause (2) which is inadequate for the purpose, or any use by the

Joint Venturers or any person engaged by the Joint Venturers of any

such public road results in excessive damage thereto or deterioration

thereof (other than fair wear and tear) the Joint Venturers shall pay

to the State the whole or an equitable part of the total cost of any

upgrading required or of making good the damage or deterioration as

may be reasonably required by the Commissioner of Main Roads

having regard to the use of such public road by others.



Liability 2

(4)



The State and the Joint Venturers further covenant and agree with

each other that —

(a) for the purposes of determining whether and if so the extent to

which —

(i)



the Joint Venturers are liable to any person or body

corporate (other than the State); or



(ii)



an action is maintainable by any such person or body

corporate

in respect of the death or injury of any person or damage to

any property arising out of the use of any of the such roads

for the maintenance of which the Joint Venturers are

responsible hereunder and for no other purpose the Joint

Venturers shall be deemed to be a municipality and the said



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 17



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(b)



roads shall be deemed to be streets under the care control

and management of the Joint Ventures; and

for the purposes of this Clause the terms “municipality”

“street” and “care control and management” shall have the

meaning which they respectively have in the Local

Government Act 1960.



Airport 2

14.



In the event that any upgrading of the existing airport facilities and

services at Paraburdoo are necessary for the Joint Venturers’ operations

hereunder, the Joint Venturers shall confer with Hamersley and/or the

Shire of West Pilbara as the case may require with a view to reaching

agreement on that upgrading.



Mining lease 2

15.



(1)



page 18



Notwithstanding the provisions of the Mining Act the State shall,

on application made by the Joint Venturers not later than 3 months

after all their proposals submitted pursuant to subclause (1) of

Clause 7 have been approved or determined and the Joint Venturers

have complied with the provisions of Clause 6 and subclause (5) of

Clause 7 for a mining lease of the land referred to in recital (a)

hereof for the mining of iron ore but subject to the surrender to the

State by the holder of Mineral Lease 252SA of so much of the land

within that Mineral Lease as is within the land referred to in recital

(a) hereof and subject also to the surrender to the State by

Hamersley of so much of the land within Mineral Lease 4SA as is

within the land referred to in recital (a) hereof, cause to be granted

to the Joint Venturers at a rental of 86.5 cents per hectare per

annum (payable in advance) a mining lease of such land

(notwithstanding that the survey in respect thereof has not been

completed but subject to such corrections to accord with the survey

when completed at the Joint Venturers’ expense) for the mining of

iron ore only such mining lease to be granted under and, except as

otherwise provided in this Agreement, subject to the Mining Act

but in the form of the Schedule hereto.



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Term 2

(2)



Subject to the performance by the Joint Venturers of their

obligations under this Agreement and the Mining Act and

notwithstanding any provisions of the Mining Act to the contrary

the term of the mining lease shall be for a period of 30 years

commencing from the date of approval of the proposals made

pursuant to Clause 7. The provisions of section 78 of the Mining

Act shall not apply to the mining lease.



Exemption from expenditure conditions 2

(3)



The State shall ensure that during the currency of this Agreement

and subject to compliance with their obligations hereunder the Joint

Venturers shall not be required to comply with the expenditure

conditions imposed by or under the Mining Act in regard to the

mining lease.



Access over mining lease 2

(4)



The Joint Venturers shall at all times permit the State and third

parties with the consent of the State (with or without stock vehicles

and rolling stock) to have access to and to pass over the mining lease

(by separate route, road or railway) so long as that access and

passage does not unduly prejudice or interfere with the operations of

the Joint Venturers under this Agreement.



Surrender of part of mining lease 2

(5)



Notwithstanding the provisions of this Clause and the Mining Act

the Joint Venturers may from time to time (with abatement of future

rent in respect to the area surrendered but without any abatement of

rent already paid or any rent which has become due and has been

paid in advance) subject to them first obtaining the consent of

Hamersley thereto surrender to the State all or any portion or

portions of the mining lease.



Other mining tenements 2

(6)



Notwithstanding anything contained or implied in the Mining Act,

this Agreement, the mining lease or any agreement entered into

pursuant to subclause (7) the State may grant to or register in favour

of persons other than the Joint Venturers leases and other mining

tenements in respect of the area (or any part or parts thereof) subject



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 19



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



to the mining lease for minerals other than iron ore unless the

Minister for Minerals and Energy reasonably determines that such

grant or registration is likely unduly to prejudice or interfere with the

operations of the Joint Venturers hereunder or, having regard to any

relevant provisions of the agreement referred to in paragraph (b)

subclause (3) of Clause 40, any likely future mining by Hamersley

assuming the taking by the Joint Venturers or Hamersley as the case

may be of reasonable steps to avoid the prejudice or interference.

The Minister before making any determination under this subclause

shall consult with the Joint Venturers and Hamersley as the case may

require in respect thereto. Upon the grant of any such lease or other

mining tenement the land contained therein shall be deemed to be

automatically excised from the mining lease (with abatement of

future rent in respect to the area excised but without any abatement

of rent already paid or any rent which has become due and has been

paid in advance).

Mining by Hamersley 2

(7)



(a)



During the term of the mining lease the Joint Venturers may

enter into agreements with Hamersley for the mining by

Hamersley or the supply to Hamersley by the Joint Venturers

of iron ore from the mining lease PROVIDED THAT royalty

on any iron ore produced by such mining or so supplied shall

be computed and payable as if such iron ore were produced

under a mineral lease granted pursuant to the agreement (as

amended from time to time) ratified by the Iron Ore

(Hamersley Range) Agreement Act 1963.



(b)



The Joint Venturers shall forthwith after entering into any

agreement of the kind referred to in paragraph (a) of this

subclause notify the Minister thereof and provide to the

Minister full details of such agreement and, if required by the

Minister, a copy thereof.



Stone, sand, clay and gravel 2

(8)



page 20



The Joint Venturers in accordance with approved proposals may for

the construction of works (and the maintenance thereof) for the

purposes of this Agreement and without payment of royalty, obtain

stone sand clay or gravel from the mining lease.



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Power 2

16.



(1)



Subject to subclause (2), the Joint Venturers shall obtain their power

requirements for their operations on the mining lease (other than

operations connected with the constructional phase of the mine), the

housing of the Joint Venturers’ workforce and the Joint Venturers’

other activities in Paraburdoo, Dampier or elsewhere in the Pilbara

region from Hamersley on conditions to be agreed between the Joint

Venturers and Hamersley.



(2)



Where or to the extent to which from time to time power for any of

the purposes referred to in subclause (1) is or becomes available

from the State Energy Commission the Joint Venturers shall enter

into negotiations with the State Energy Commission with a view to

obtaining their power requirements for such purpose or purposes

from the State Energy Commission on terms and conditions to be

agreed.



Water-mining lease 2

17.



(1)



The State and the Joint Venturers shall agree upon the amounts (and

qualities thereof) of the Joint Venturers’ annual and maximum daily

water requirements for their purposes hereunder at the mining lease

(which amounts or such other amounts as shall from time to time be

agreed between the parties to be reasonable are hereinafter called

“the mining water requirements”).



(2)



The Joint Venturers shall confer with Hamersley with a view to

entering into an agreement (in a form acceptable to the Minister) for

the supply by Hamersley to the Joint Venturers of the mining water

requirements. If the Joint Venturers do not enter into an agreement

with Hamersley pursuant to this subclause the provisions of

subclauses (3) to (16) shall apply to the supply of the mining water

requirements.



Search in mining lease 2

(3)



The Joint Venturers shall at their cost and in collaboration with the

State search for underground water within the mining lease. Where

appropriate the Joint Venturers shall employ and retain experienced

groundwater consultants. The Joint Venturers shall furnish to the



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 21



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Minister details of the results of their investigations and copies of the

reports of such consultants as they become available.

Search outside mining lease 2

(4)



If in the opinion of the Minister, the details and reports of the

consultants pursuant to subclause (3) indicate that any source of

underground water in the mining lease is likely to be inadequate or

unsuitable to supply the mining water requirements the State and the

Joint Venturers shall (having due regard to the then present or likely

future requirements of third parties for water) collaborate and agree

on a programme which shall be carried out by the State at the cost of

the Joint Venturers to search for water inside and outside the mining

lease.



Grant of licence 2

(5)



If the investigations referred to in subclauses (3) and (4) prove to the

satisfaction of the Minister the availability of any suitable

underground water source in or near the mining lease which can

continue to be drawn on by the Joint Venturers without seriously

affecting the water level in that water source beneath the mining

lease or adjacent areas or the availability of water in the adjacent

areas the State shall grant to the Joint Venturers a licence to develop

and draw from that source at the Joint Venturers’ cost but without

fee, the mining water requirements on such terms and conditions as

are necessary to ensure good water resource management as the

Minister may from time to time require and during the continuance

of this Agreement grant renewals of any such licence PROVIDED

HOWEVER that should that source in the opinion of the Minister

prove hydrologically inadequate to meet the mining water

requirements, the State may on at least 6 months prior notice to the

Joint Venturers (or on at least 48 hours prior notice if in the opinion

of the Minister an emergency situation exists) limit the amount of

water which may be taken from that source at any one time or from

time to time to the maximum which that source is hydrologically

capable of meeting as aforesaid.



Investigation of surface water 2

(6)



page 22



In the event of water supplies from available underground sources

proving insufficient to meet the mining water requirements the Joint

Venturers shall notwithstanding the provisions of subclause (5)

Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



collaborate with the State in an investigation of surface water, water

catchments and storage dams. The Joint Venturers shall if they

propose to utilise such surface water, water catchments and storage

dams pay to the State a sum or sums to be agreed towards the cost of

such investigation.

Alternative water source 2

(7)



Should the State at any time pursuant to the proviso to subclause (5)

limit the amount of water to be taken from any underground water

source or if otherwise the mining water requirements cannot be met

from any water source on a continuous basis the State shall with all

reasonable expedition and in conjunction with and upon the request

of the Joint Venturers search for new or additional water sources

with a view to restoring or ensuring the full quantity of the mining

water requirements. The Joint Venturers shall pay to the State a fair

and reasonable proportion of the cost of investigating and

developing such new and additional water sources as agreed between

the Joint Venturers and the State.



Development of water sources 2

(8)



The Joint Venturers shall provide at their cost or with finance

arranged by them and construct to standards and in accordance with

designs approved by the State and operate and maintain in

accordance with the relevant approved proposals all necessary dams,

bores, valves, pipelines, meters, tanks, equipment and appurtenances

necessary to draw transport use and dispose of water obtained by the

Joint Venturers pursuant to this Clause.



State’s acquisition of water facilities 2

(9)



If during the currency of this Agreement the Minister is of the

opinion that it would be desirable for water conservation purposes or

water management purposes that sources of water utilised by the

Joint Venturers be controlled and operated by the State as part of a

regional water supply scheme, the Minister may, on giving 6 months

prior notice to the Joint Venturers of his intention to do so, acquire

the Joint Venturers’ water supply facilities for a monetary

consideration to be determined by the Minister. Immediately

thereafter the State shall, subject only to the continued hydrological

availability of water from such sources (as determined by the

Minister) commence and thereafter continue to supply water of the



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 23



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



relevant qualities up to the amount and at the rates required by the

Joint Venturers being the amounts and rates to which the Joint

Venturers were previously entitled and the proviso to subclause (5)

and the provisions of subclause (6) shall in like manner apply to this

subclause.

Enlarged water capacity 2

(10) The State, after first having due regard to the mining water

requirements and to the hydrological adequacy of existing water

sources, may in its discretion develop all or any of the surface and/or

the underground water resources referred to in this Clause or

construct any works in connection therewith to a greater capacity

than that required to supply the mining water requirements but in

that event the Joint Venturers shall pay to the State a share of the

cost of the system as so enlarged as may be agreed between the State

and the Join Venturers to be fair in all the circumstances.

Third party use 2

(11) The State may after first having due regard to the mining water

requirements and to the hydrological adequacy of the applicable

water source, upon not less than 3 months prior notice to the Joint

Venturers specifying the identity of the third party including where

applicable the State and the estimated maximum daily and total

quantity of water to be drawn by that third party and the period over

which such drawing is to occur, grant to a third party rights to draw

water or itself draw water from that source PROVIDED HOWEVER

that —



page 24



(a)



where the Joint Venturers have paid (in whole or in part) any

moneys in respect of the investigation development and

utilization of that water source the State shall require as a

condition of the grant that where the third party is or will be

a substantial drawer of water from that water source within

5 years of the commencement date the third party (but not

the State) shall reimburse to the Joint Venturers prior to the

third party exercising its rights to draw water, such

proportion of those moneys as the Minister determines is fair

and reasonable; and



(b)



where the Joint Venturers draw water from that water source

the State shall ensure that it is a condition of the grant to third

Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



parties that in the event that the capacity of that water source

is reduced, such reduction shall be first applied to the third

parties and thereafter if further reduction is necessary the

State’s and the Joint Venturers’ requirements shall be reduced

in such proportion as may be agreed.

Payment for water 2

(12) The Joint Venturers shall pay to the State for water supplied by the

State pursuant to subclauses (6) and (9) a fair price to be agreed

between the parties hereto having regard to the actual cost to the

State of establishing operating and maintaining the supply and

provision for replacement of the water supply facilities.

Design of plant 2

(13) The Joint Venturers shall to the extent that it is practical and

economical design construct and operate all plant required under this

Clause so as to ensure the most efficient use of the available water

resources including if required by the Minister the use of brackish or

saline water.

State to restrict adverse grants 2

(14) The State shall ensure that no rights to mine minerals petroleum or

other substances are granted over the area of any water source from

which the Joint Venturers are drawing water or from time to time

have the right to draw water hereunder unless the Minister

reasonably determines that such grant is not likely to unduly

prejudice or to interfere with the operations of the Joint Venturers

hereunder and is not likely to render the water source incapable of

supplying the mining water requirements on a continuous basis.

Charges for supply of water to third parties 2

(15) The Joint Venturers may supply water to third parties including the

State at a charge to be approved by the Minister after consultation

with the Joint Venturers. The Joint Venturers shall have all the

powers and authorities with respect to such water as are determined

by the Minister which may include all or any of the powers of a

water board under the Water Boards Act 1904 and, with the consent

of the Minister for Local Government, a local authority.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 25



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Rights in Water and Irrigation Act 2

(16) Any reference in the foregoing provisions of this Clause to a licence

is a reference to a licence under the Rights in Water and Irrigation

Act 1914 and the provisions of that Act relating to water rights and

licences shall except where inconsistent with the provisions of this

Agreement apply to any water source developed for the Joint

Venturers’ purposes under this Agreement.

Water — Housing and other purposes 2

18.



(1)



The supply of water for the Joint Venturers’ operations hereunder

(other than at the mining lease) and for the Joint Venturers’

workforce shall where the same is available from the State or a State

instrumentality be subject to the provisions of the Country Areas

Water Supply Act 1947 or other relevant Act.



(2)



Where or to the extent to which water for any of the purposes

referred to in subclause (1) is not available from the State or a State

instrumentality the Joint Venturers shall obtain their water

requirements for such purposes from Hamersley on conditions to be

agreed between the Joint Venturers and Hamersley.



Township and housing 2

19.



(1)



The Joint Venturers shall be responsible for the provision at no cost

to the State in Paraburdoo of suitable accommodation for their

employees and the dependants of their employees and, as necessary,

for other persons (and dependants of those persons) connected

directly with the Joint Venturers’ activities under this Agreement.



(2)



The Joint Venturers shall except as otherwise agreed by the Minister

pay to the State or the appropriate authority (including Hamersley

where it is acting as a supply authority) the capital cost of

establishing and providing additional services and facilities and

associated equipment including sewerage and water supply schemes,

main drains, education, police and hospital services in Paraburdoo to

the extent to which those additional works and services are made

necessary by reason of the Joint Venturers’ workforce residing

therein or by reason of the Joint Venturers’ activities under this

Agreement or such proportion of any such cost as may be agreed by



page 26



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



the Minister taking into account the permanent or temporary nature

of the services or facilities. The additional services, works and

associated equipment referred to in this subclause shall be provided

by the State (or the State shall cause the same to be provided) to a

standard normally adopted by the State in providing new services

works and associated equipment in similar cases in comparable

towns.

(3)



The Joint Venturers shall confer with the Minister and the relevant

local authority with a view to assisting in the cost of providing

appropriate community recreation, civic, social and commercial

amenities required for the Joint Venturers’ workforce hereunder.



(4)



The State shall, in accordance with the Joint Venturers’ approved

proposals cause to be made available lots of land in Paraburdoo for

purchase by the Joint Venturers at prices to be fixed by the State

(having regard to the price of similar lots then being made available

by the State to others) which will include the cost to the State of

developing and servicing such land including the provision of roads

and adjacent local headworks in respect of water and sewerage.



Lands 2

20.



The State shall in accordance with the Joint Venturers’ approved proposals

grant to the Joint Venturers, or arrange to have the appropriate authority or

other interested instrumentality of the State grant, for such periods (not

exceeding the term of the mining lease) and on such terms and conditions

(including rental and renewal rights) as shall be reasonable having regard to

the requirements of the Joint Venturers, leases and where applicable

licences easements and rights of way for all or any of the purposes of the

Joint Venturers’ operations hereunder including any of the following

namely —

private roads, water pipelines, pumping installations and reservoirs,

airstrip, railways, conveyors, power transmission lines, plant site areas and

industrial areas and borrow pits for stone sand clay and gravel.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 27



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Modification of Land Act 2

21.



For the purpose of this Agreement in respect of any land sold or leased to

the Joint Venturers by the State 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 provisio to section 116;



(c)



the deletion of section 135;



(d)



the deletion of section 143;



(e)



the inclusion of a power to grant occupancy rights over land on

such terms and conditions as the Minister responsible for the

administration of the Land Act may determine; and



(f)



the inclusion of a power to offer for sale or grant leases or licences

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, the terms and conditions

and the forms referred to in the Land Act.



The provisions of this Clause shall not operate so as to prejudice the rights

of the State to determine any lease licence or other right or title in

accordance with the other provisions of this Agreement.

Additional rental 2

22.



Commencing on and from 10 March 1992 the Joint Venturers shall pay to

the State during the currency of this Agreement in addition to the rentals

payable in respect of leases granted under or pursuant to this Agreement a

rental (which if the Joint Venturers so request shall be allocated in respect

of such one or more of the leases granted to the Joint Venturers hereunder

and remaining current) equal to 24.605 2 cents per tonne on all iron ore in

respect of which royalty is payable under Clause 23 such additional rental

to be paid —

(a)



page 28



in respect of the period from and including 10 March 1992 to

31 March 1992, not later than 14 May 1992; and

Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(b)



in respect of each successive period of three months after

31 March 1992, not later than one month and fourteen days after

the expiration of each such period.



SO NEVERTHELESS that the additional rental to be paid under this

Clause shall be not less than $300 000 in respect of the year commencing

1 April 1992 and each year commencing 1 April thereafter and the Joint

Venturers will within three (3) months after expiration of each such year

pay to the State as further rental the difference between $300 000 and the

additional rental actually paid in respect of that year but any amount so

paid in respect of any such year in excess of the rental payable for that year

at the rate of 24.605 2 cents per tonne as aforesaid shall be offset by the

Joint Venturers against any amount payable by them to the State above the

minimum amounts payable to the State under this paragraph in respect of

the two (2) years immediately following the year in respect of which the

said minimum sum was paid.

Royalties 2

23.



(1)



The Joint Venturers shall during the continuance of this Agreement

pay to the State royalty on all iron ore from the mining lease (other

than iron ore shipped solely for testing purposes and iron ore on

which royalty is paid by Hamersley pursuant to the proviso to

paragraph (a) of subclause (7) of Clause 15) and on all other iron ore

supplied to or sold or shipped by the Joint Venturers during the

continuance of this Agreement as follows —

(a)



on direct shipping ore and on fine ore and fines where such

fine ore or fines are not sold or shipped separately as such at

the rate of 7.5% of the f.o.b. revenue (computed at the rate of

exchange prevailing on date of receipt by the Joint Venturers

of the purchase price in respect of ore shipped or sold

hereunder) PROVIDED NEVERTHELESS that such royalty

shall not be less than 59.052 4 cents per tonne (subject to

paragraph (f) of this subclause) in respect of ore the subject

of any shipment or sale;



(b)



on fine ore sold or shipped separately as such at the rate of

3.75% of the f.o.b. revenue (computed as aforesaid)

PROVIDED NEVERTHELESS that such royalty shall not

be less than 29.526 2 cents per tonne (subject to



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 29



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



paragraph (g) of this subclause) in respect of ore the subject

of any shipment or sale;



page 30



(c)



on fines sold or shipped separately as such at the rate of

14.763 1 cents per tonne (subject to the provisions of

paragraph (h) of this subclause);



(d)



on all other iron ore shipped at the rate of 7.5% of the f.o.b.

revenue (computed as aforesaid) without any minimum

royalty;



(e)



on all other iron ore at a rate per tonne equal to 7.5% of the

average f.o.b. revenue per tonne in respect of ore to which

paragraph (a) of this subclause relates for the immediately

preceding quarter or, if no such average f.o.b. revenue can be

ascertained, 7.5% of such amount as the Joint Venturers and

the State agree or, failing agreement, as is determined by the

Minister;



(f)



if the amount ascertained by multiplying the total tonneage

of direct shipping ore shipped or sold (and liable to royalty

under paragraph (a) of this subclause) in any financial year

by 59.052 4 cents is less than the total royalty which would

be payable in respect of that ore but for the operation of the

proviso to that paragraph then that proviso shall not apply in

respect of direct shipping ore shipped or sold in that year and

at the expiration of that year any necessary adjustments shall

be made accordingly;



(g)



if the amount ascertained by multiplying the total tonneage

of fine ore shipped or sold separately as such (and liable to

royalty under paragraph (b) of this subclause) in any

financial year by 29.526 2 cents is less than the total royalty

which would be payable in respect of that ore but for the

operation of the proviso to that paragraph then that proviso

shall not apply in respect of fine ore shipped or sold

separately as such in that year and at the expiration of that

year any necessary adjustments shall be made accordingly;



(h)



the royalty at the rate of 14.763 1 cents per tonne referred to

in paragraph (c) of this subclause shall be adjusted up or

down (as the case may be) as at the first day of January 1969

and as at the beginning of every fifth year thereafter

Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



proportionately to the weighted average of sales (invoice

prices) of foundry pig iron sold in Adelaide by The Broken

Hill Proprietary Company Limited or any subsidiary thereof

from time to time during the calendar year immediately

preceding the date at which the adjustment is required to be

made as compared with $44.33 PROVIDED THAT where

information required to determine any price or other amount

for the purposes of this paragraph is not available such price

or other amount shall be agreed between the Joint Venturers

and the State or, failing agreement, determined by the

Minister.

Payment of royalties 2

(2)



The Joint Venturers shall within 14 days after the quarter days the

last days of March June September and December in each year

furnish to the Minister for Minerals and Energy a return showing the

quantity of all iron ore mined from the mining lease (whether mined

by the Joint Venturers or by any other party) together with details of

the iron content thereof and the anticipated or actual use of the ore

(and the user or users thereof) and the anticipated or actual

categorisation thereof for royalty purposes and the specific tonnages

involved and details (including quantity category and grade) of all

iron ore the subject of royalty hereunder during the quarter

immediately preceding the due date of the return and shall not later

than two months after such due date pay to the Minister for Minerals

and Energy the royalty payable in respect of all iron ore the subject

of royalty hereunder PROVIDED THAT in respect of iron ore

shipped or sold the Joint Venturers all pay to the Minister for

Minerals and Energy on account of the royalty payable hereunder a

sum calculated on the basis of invoices or provisional invoices (as

the case may be) rendered by the Joint Venturers to the purchaser or

consignee (which invoices the Joint Venturers shall render without

delay simultaneously furnishing copies thereof to the Minister for

Minerals and Energy) of such iron ore and shall from time to time in

the next following appropriate return and payment make (by the

return and by cash) all such necessary adjustments (and give to the

Minister for Minerals and Energy full details thereof) when the f.o.b.

revenue realised in respect of the shipments shall have been

ascertained.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 31



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Inspection 2

(3)



The Joint Venturers shall permit the Minister for Minerals and

Energy or his nominee to inspect at all reasonable times the books of

account and records of the Joint Venturers relative to any supply

shipment or sale of iron ore hereunder (including iron ore mined by

or supplied to Hamersley) and including sale contracts and to take

copies or extracts therefrom and for the purposes of determining the

f.o.b. revenue payable in respect of any shipment of ore hereunder

the Joint Venturers will take reasonable steps to satisfy the State

either by certificate of a competent independent party acceptable to

the State or otherwise to the reasonable satisfaction of the Minister

for Minerals and Energy as to all relevant matters including weights

and analyses and will give due regard to any objection or

representation made by the Minister for Minerals and Energy or his

nominee as to any matter and/or any particular weight or assay of ore

which may affect the amount of royalty payable hereunder.



Lodgement of returns 2

(4)



Returns pursuant to this Clause may, with the prior consent of the

Minister, be lodged by the Joint Venturers individually.



Export to places outside the Commonwealth 2

24.



The Joint Venturers shall ensure that unless with the prior written approval

of the Minister to do otherwise all iron ore from the mining lease shipped

by the Joint Venturers pursuant to this Agreement will be off-loaded at a

place outside the Commonwealth and if they fail so to ensure the Joint

Venturers will subject to the provisions of this Clause be in default

hereunder. Where any such shipment is off-loaded within the

Commonwealth without such prior written approval the Joint Venturers

shall forthwith on becoming aware thereof give to the State notice of the

fact and pay to the State in respect of the iron ore the subject of the

shipment such further and additional rental calculated at a rate not

exceeding 98.420 7 cents per tonne of the iron ore as the Minister shall

demand without prejudice however to any other rights and remedies of the

State hereunder arising from the breach by the Joint Venturers of the

provisions hereof. If iron ore is shipped in a vessel not owned by the Joint

Venturers or an associated company or any other company in which the

Joint Venturers have a controlling interest and such ore is off-loaded in the



page 32



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Commonwealth the Joint Venturers will not be or be deemed to be in

default hereunder if they take appropriate action to prevent a recurrence of

such an off-loading PROVIDED FURTHER that the foregoing provisions

of this paragraph shall not apply in any case (including any unforeseeable

diversion of the vessel for necessary repairs or arising from force majeure

or otherwise) where the Joint Venturers could not reasonably have been

expected to take steps to prevent that particular off-loading.

25.



Throughout the continuance of this Agreement the Joint Venturers shall —

Operation of conveyors 2

(a)



operate any conveyor constructed by them in a safe and proper

manner;



Operation of any railway2

(b)



in the event that the Joint Venturers construct any railway, operate

that railway in a safe and proper manner and where and to the extent

that they can do so without unduly prejudicing or interfering with

their operations hereunder allow crossing places for roads stock and

other railways and also transport the passengers and carry the freight

of the State and of third parties on the railway subject to and in

accordance with by-laws (which shall include provision for

reasonable charges) from time to time to be made altered and

repealed as provided in Clause 28 and subject thereto or if no such

by-laws are made or in force then upon reasonable terms and at

reasonable charges (having regard to the cost of the railway to the

Joint Venturers) PROVIDED THAT in relation to their use of the

railway the Joint Venturers shall not be deemed to be a common

carrier at common law or otherwise;



Maintenance 2

(c)



at all times keep and maintain in good repair and working order and

condition and where necessary replace all such works installations

plant machinery and equipment and any railway, roads (other than

the public roads referred to in subclause (2) of Clause 13) and water

and power supplies for the time being the subject of this Agreement;



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 33



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Price for ore 2

(d)



use their best endeavours to obtain for all iron ore mined from the

mining lease the best price possible having regard to the specific

market and the market conditions from time to time prevailing and

will not sell any direct shipping ore as fine ore or fines.



Joint Venturers’ wharf and facilities 2

26.



The Joint Venturers and the State recognise with respect to any wharf, port

facilities and services proposed to be established for the purposes of this

Agreement that it may be advantageous for the State to provide all or any

of such works or services and in such case the Joint Venturers and the State

shall together with other users and potential users of that wharf and/or those

facilities or services confer as to the manner in and the conditions upon

which the State should provide such works facilities or services to the

mutual advantage of all. The Joint Venturers shall pay to the State a sum or

sums to be agreed (not exceeding the amount that would have been payable

had the Joint Venturers carried out the said works) towards the cost of the

said works facilities or services provided by the State.



Use of wharf and facilities 2

27.



The Joint Venturers shall subject to and in accordance with by-laws (which

shall include provision for reasonable charges) from time to time to be

made and altered as provided in Clause 28 and subject thereto, or if no such

by-laws are made or in force then upon reasonable terms and at reasonable

charges (having regard to the cost thereof to the Joint Venturers) allow the

State and third parties to use any wharf and port installations wharf

machinery and equipment and wharf and port services and port facilities

constructed or provided by them PROVIDED THAT such use shall not

unduly prejudice or interfere with the Joint Venturers’ operations hereunder

and that such use shall be subject to the prior approval of the Joint

Venturers.



By-laws 2

28.



The Governor in Executive Council may upon recommendation by the

Joint Venturers make alter and repeal by-laws for the purpose of enabling

the Joint Venturers to fulfil the obligations under paragraph (b) of



page 34



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Clause 25 and under Clause 27 upon terms and subject to conditions

(including terms and conditions as to user charging and limitation of the

liability of the Joint Venturers) as set out in such by-laws consistent with

the provisions hereof. Should the State at any time consider that any by-law

made hereunder has as a result of altered circumstances become

unreasonable or inapplicable then the Joint Venturers shall recommend

such alteration or repeal thereof as the State may reasonably require or (in

the event of there being any dispute as to the reasonableness of such

requirement) then as may be decided by arbitration hereunder.

Alteration of works 2

29.



If at any time the State finds it necessary to request the Joint Venturers to

alter the situation of any of the installations or other works erected

constructed or provided hereunder and gives to the Joint Venturers notice

of the request the Joint Venturers shall within a reasonable time after

receipt of the notice but at the expense in all things (including increased

running costs) of the State (unless the alteration is rendered necessary by

reason of a breach by the Joint Venturers of any of their obligations

hereunder) alter the situation thereof accordingly.



Zoning 2

30.



The State shall ensure after consultation with the relevant local authority

that the mining lease and any lands the subject of any Crown Grant lease

licence or easement granted to the Joint Venturers under this Agreement

shall be and remain zoned for use or otherwise protected during the

currency of this Agreement so that the operations of the Joint Venturers

hereunder may be undertaken and carried out thereon without any

interference or interruption by the State or by any State agency or

instrumentality or by any local or other authority of the State on the ground

that such operations are contrary to any zoning by-law regulation or order.



Rating 2

31.



The State 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



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 35



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



be erected or which is occupied in connection with that residence and

except as to any part upon which there stands any improvements that are

used in connection with a commercial undertaking not directly related to

the mining of iron ore) shall for rating purposes under the Local

Government Act 1960, be deemed to be on the unimproved value thereof

and no such lands shall be subject to any discriminatory rate PROVIDED

THAT nothing in this clause shall prevent the Joint Venturers making the

election provided for by section 533B of the Local Government Act 1960.

No discriminatory rates 2

32.



Except as provided in this Agreement the State shall not impose, nor shall

it 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 Joint Venturers in the conduct of their business hereunder

nor will the State take or permit to be taken by any such State authority any

other discriminatory action which would deprive the Joint Venturers of full

enjoyment of the rights granted and intended to be granted under this

Agreement.



Resumption for the purposes of this Agreement 2

33.



The State may as and for a public work under the Public Works Act 1902,

resume any land required for the purposes of this Agreement and

notwithstanding any other provisions of that Act may sell lease or

otherwise dispose of that land to the Joint Venturers and the provisions of

subsections (2) to (7) inclusive of section 17 and 17A of that Act shall not

apply to or in respect of that land or the resumption thereof. The Joint

Venturers shall pay to the State on demand the costs of and incidental to

any land resumed at the request of and on behalf of the Joint Venturers.



No resumption 2

34.



Subject to the performance by the Joint Venturers of their obligations under

this Agreement the State shall not during the currency hereof without the

consent of the Joint Venturers resume nor suffer nor permit to be resumed

by any State instrumentality or by any local or other authority of the State



page 36



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



any of the works installations plant equipment or other property for the

time being belonging to the Joint Venturers and the subject of or used for

the purpose of this Agreement or any of the works on the lands the subject

of any lease or licence granted to the Joint Venturers in terms of this

Agreement AND without such consent (which shall not be unreasonably

withheld) the State shall not create or grant or permit or suffer to be created

or granted by any instrumentality or authority of the State as aforesaid any

road right-of-way water right or easement of any nature or kind whatsoever

over or in respect of any such lands which may unduly prejudice or

interfere with the Joint Venturers’ operations hereunder.

Assignment 2

35.



(1)



Subject to the provisions of this Clause the Joint Venturers may at

any time assign mortgage charge sublet or dispose of to an

associated company as of right, or to any other company or persons

with the consent of the Minister the whole or any part of the rights of

the Joint Venturers hereunder (including their rights to or as the

holder of the mining lease or any other lease licence easement grant

or other title) and of the obligations of the Joint Venturers hereunder

subject however in the case of an assignment subletting or

disposition to the assignee sublessee or disponee (as the case may

be) executing in favour of the State (unless the Minister otherwise

determines) 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 Joint Venturers to be complied with observed or

performed in regard to the matter or matters the subject of such

assignment subletting or disposition.



(2)



Notwithstanding anything contained in or anything done under or

pursuant to subclause (1) the Joint Venturers 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 their part contained herein and in the mining lease or

any other lease licence easement grant or other title the subject of an

assignment mortgage subletting or disposition under subclause (1)

PROVIDED THAT the Minister may agree to release the Joint

Venturers from such liability where he considers such release will

not be contrary to the interests of the State.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 37



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(3)



Notwithstanding the provisions of the Mining Act, the Transfer of

Land Act 1893 and the land Act, insofar as the same or any of them

may apply —

(a)



no assignment mortgage charge sublease or disposition made

or given pursuant to this Clause of or over the mining lease or

any other lease licence easement grant or other title granted

hereunder or pursuant hereto by the Joint Venturers or any

assignee sublessee or disponee who has executed and is for

the time being bound by deed of covenant made pursuant to

this Clause; and



(b)



no transfer assignment mortgage or sublease made or given in

exercise of any power contained in any such mortgage or

charge



shall require any approval or consent other than such consent as may

be necessary under this Clause and no equitable mortgage or charge

shall be rendered ineffectual by the absence of any approval or

consent (otherwise than as required by this Clause) or because the

same is not registered under the provisions of the Mining Act.

Variation 2

36.



(1)



The parties hereto may from time to time by agreement in writing

add to substitute for cancel or vary all or any of the provisions of this

Agreement or of any lease licence easement grant or other title

granted hereunder or pursuant hereto for the purpose of more

efficiently or satisfactorily implementing or facilitating any of the

objects of this Agreement.



(2)



The Minister shall cause any agreement made pursuant to

subclause (1) in respect of any addition substitution cancellation or

variation of the provisions of this Agreement to be laid on the Table

of each House of Parliament within 12 sitting days next following its

execution.



(3)



Either House may, within 12 sitting days of that House after the

agreement has been laid before it pass a resolution disallowing the

agreement, but if after the last day on which the agreement might

have been disallowed neither House has passed such a resolution the

agreement shall have effect from and after that last day.



page 38



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Force majeure 2

37.



This Agreement shall be deemed to be made subject to any delays in the

performance of the obligations hereunder and to the temporary suspension

of continuing obligations hereunder that may be caused by or arise from

circumstances beyond the power and control of the party responsible for

the performance of those obligations including without limiting the

generality of the foregoing delays or any such temporary suspension as

aforesaid caused by or arising from act of God force majeure earthquakes

floods storms tempest washaways fire (unless caused by the actual fault or

privity of the party responsible for such performance) act of war act of

public enemies riots civil commotions strikes lockouts stoppages restraint

of labour or other similar acts (whether partial or general) acts or omissions

of the Commonwealth shortages of labour or essential materials reasonable

failure to secure contractors delays of contractors or factors due to overall

world economic conditions or factors that could not reasonably have been

foreseen PROVIDED ALWAYS that the party whose performance of

obligations is affected by any of the said causes shall promptly give notice

to the other party of the event or events and shall use its best endeavours to

minimise the effects of such causes as soon as possible after the

occurrence.



Power to extend periods 2

38.



Notwithstanding any provision of this Agreement the Minister may at the

request of the Joint Venturers from time to time extend or further extend

any period or vary or further vary any date referred to in this Agreement or

in any approved proposal hereunder for such period or to such later date as

the Minister thinks fit whether or not the period to be extended has expired

or the date to be varied has passed.



Determination of Agreement 2

39.



(1)



In any of the following events namely if —

(a)



As at 06 Dec 2017



(i)



the Joint Venturers make default which the State

considers material in the due performance or

observance of any of the covenants or obligations to

the State herein or in the mining lease or any other

Version 01-d0-01

Published on www.legislation.wa.gov.au



page 39



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



lease licence easement grant or other title or document

granted or assigned under this Agreement on their part

to be performed or observed; or

(ii)



the Joint Venturers abandon or repudiate this

Agreement or their operations under this Agreement



and such default is not remedied or such operations resumed

within a period of 180 days after notice is given by the State

as provided in subclause (2) or, if the default or abandonment

is referred to arbitration, then within the period mentioned in

subclause (3); or

(b)



the Joint Venturers or either of them go into liquidation (other

than a voluntary liquidation for the purpose of reconstruction)

and unless within 3 months from the date of such liquidation

the interest of that Joint Venturer is assigned to the other Joint

Venturer or to an assignee approved by the Minister under

Clause 35



this Agreement shall cease and determine —

(I)



where paragraph (a) of this subclause is applicable, on the

expiration of 180 days after the notice therein referred

to or the expiration of the period referred to in

subclause (3) as the case may be;



(II)



where paragraph (b) of this subclause is applicable, on the

expiration of 3 months from the date of the liquidation



without further notice or action by the State.

(2)



page 40



The notice to be given by the State in terms of paragraph (a) of

subclause (1) shall specify the nature of the default or other ground

so entitling the State to exercise such right of determination and shall

be given to the Joint Venturers and all such assignees mortgagees

chargees and disponees for the time being of the Joint Venturers’

said rights to or in favour of whom or by whom an assignment

mortgage charge or disposition has been effected in terms of

Clause 35 whose name and address for service of notice has

previously been notified to the State by the Joint Venturers or any

such assignee mortgagee chargee or disponee.



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(3)



(a)



If the Joint Venturers contest the alleged default abandonment

or repudiation referred to in paragraphs (a) and (b) of

subclause (1) the Joint Venturers shall within 60 days after

notice given by the State as provided in subclause (2) refer the

matter in dispute to arbitration.



(b)



If the question is decided against the Joint Venturers, the Joint

Venturers shall comply with the arbitration award within a

reasonable time to be fixed by that award PROVIDED THAT

if the arbitrator finds that there was a bona fide dispute and

that the Joint Venturers were not dilatory in pursuing the

arbitration, the time for compliance with the arbitration award

shall not be less than 90 days from the date of such award.



Effect of cessation or determination of Agreement 2

40.



(1)



(2)



On the cessation or determination of this Agreement —

(a)



except as otherwise agreed by the Minister the rights of the

Joint Venturers to in or under this Agreement and the rights of

the Joint Venturers or of any assignee of the Joint Venturers

or any mortgagee to in or under the mining lease and any

other lease licence easement grant or other title or right

granted hereunder or pursuant hereto (but excluding townsite

lots which have been granted to or acquired by the Joint

Venturers and which are no longer owned by them) shall

thereupon cease and determine but without prejudice to the

liability of either of the parties hereto in respect of any

antecedent breach of default under this Agreement or in

respect of any indemnity given hereunder;



(b)



the Joint Venturers shall forthwith pay to the State all moneys

which may then have become payable or accrued due;



(c)



save as aforesaid and as otherwise provided in this Agreement

neither of them the State and the Joint Venturers shall have

any claim against the other of them with respect to any matter

or thing in or arising out of this Agreement.



Upon the cessation or determination of this Agreement except as

otherwise determined by the Minister all buildings erections and

other improvements erected on any land then occupied by the Joint



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 41



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



Venturers under the mining lease or any other lease, licence,

easement, grant or other title made hereunder for the purpose hereof

shall become and remain the absolute property of the State without

the payment of any compensation or consideration to the Joint

Venturers or any other party and freed and discharged from all

mortgages and other encumbrances and the Joint Venturers shall do

and execute all such deeds documents and other acts matters and

things (including surrenders) as the State may reasonably require to

give effect to the provisions of this subclause.

(3)



(a)



In the event of the Joint Venturers immediately prior to the

cessation or determination of this Agreement or subsequently

thereto desiring to remove any of their fixed or moveable

plant and equipment or any part thereof from any part of the

land occupied by them at the date of such cessation or

determination, but without limiting the rights of the Joint

Venturers to remove any such plant or equipment before the

cessation or determination of this Agreement, they shall give

to the State notice of such desire and thereby grant to the State

the right or option exercisable within 3 months thereafter to

purchase in situ such fixed or movable plant and equipment at

a fair valuation to be agreed between the State and the Joint

Venturers or failing agreement determined by arbitration

hereunder.



(b)



The provisions of this subclause shall not apply to plant and

equipment which at the date of cessation or determination of

this Agreement are on any lands (within the mining lease or

any other lease, licence, easement, grant or other title made

hereunder) which following the cessation or determination of

this Agreement are to be included by the State in Mineral

Lease 4SA or otherwise leased or granted by the State to

Hamersley pursuant to the provisions of the Agreement dated

30 July 1963 approved by the Iron Ore (Hamersley Range)

Agreement Act 1963 and any amendments thereto from time

to time.



Environmental protection 2

41.



Nothing in this Agreement shall be construed to exempt the Joint Venturers

from compliance with any requirement in connection with the protection of



page 42



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



the environment arising out of or incidental to their activities hereunder that

may be made by the State or by any State agency or instrumentality or any

local or other authority or statutory body of the State pursuant to any Act

from time to time in force.

Indemnity 2

42.



The Joint Venturers shall indemnify and keep indemnified the State and its

servants agents and contractors in respect of all actions suits claims

demands or costs of third parties arising out of or in connection with any

work carried out by or on behalf of the Joint Venturers pursuant to this

Agreement or relating to their operations hereunder or arising out of or in

connection with the construction maintenance or use by the Joint Venturers

or their servants agents contractors or assignees of the Joint Venturers’

works or services the subject of this Agreement or the plant apparatus or

equipment installed in connection therewith PROVIDED THAT subject to

the provisions of any other relevant Act such indemnity shall not apply in

circumstances where the State, its servants, agents, or contractors are

negligent in carrying out work for the Joint Venturers pursuant to this

Agreement.



Commonwealth licences and consents 2

43.



(1)



The Joint Venturers shall from time to time make application to the

Commonwealth or to the Commonwealth constituted agency,

authority or instrumentality concerned for the grant to them of any

licence or consent under the laws of the Commonwealth necessary to

enable or permit the Joint Venturers to enter into this Agreement and

to perform any of their obligations hereunder.



(2)



On request by the Joint Venturers the State shall make

representations to the Commonwealth or to the Commonwealth

constituted agency authority or instrumentality concerned for the

grant to the Joint Venturers of any licence or consent mentioned in

subclause (1) or for the grant to the Joint Venturers of a licence or

licences under Commonwealth law for the export of iron ore in such

quantities and at such rate or rates as shall be reasonable having

regard to the terms of this Agreement and the capabilities of the Joint

Venturers and in a manner or terms not less favourable to the Joint

Venturers (except as to rate or quantity) than the State has given or



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 43



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



intends to give in relation to such licence or licences to any other

exporter of iron ore from the said State.

(3)



The Joint Venturers shall be in default hereunder if at any time they

fail to obtain any licence or licences under Commonwealth law for

the export of iron ore as may be necessary for the purpose of

enabling the Joint Venturers to fulfil their obligations hereunder or if

any such licence is withdrawn or suspended by the Commonwealth

and such failure to obtain or such withdrawal or suspension (as the

case may be) is due to some act or default by the Joint Venturers or

to the Joint Venturers not being bona fide in their application to the

Commonwealth or otherwise having failed to use their best

endeavours to have the licence granted or restored (as the case may

be) but save as aforesaid if at any time any necessary licence is not

granted or any licence granted to the Joint Venturers shall he

withdrawn or suspended by the Commonwealth and so that as a

result thereof the Joint Venturers are not for the time being permitted

to export at least the tonneage they have undertaken with the State

they will export then the Joint Venturers shall not be obliged to

export that tonneage during the period such licence is not granted or

is withdrawn or suspended. The State shall at all times be entitled to

apply on behalf of the Joint Venturers (and is hereby authorised by

the Joint Venturers so to do) for any licence or licences under

Commonwealth law for the export or iron ore as may from time to

time be necessary for the purposes of this Agreement.



Subcontracting 2

44.



The State shall ensure that without affecting the liabilities of the parties

under this Agreement the Joint Venturers and the State shall have the right

from time to time to entrust to third parties the carrying out of any portions

of the operations which it is authorised or obliged to carry out hereunder.



Stamp duty exemption 2

45.



(1)



The State shall exempt from any stamp duty which but for the

operation of this Clause would or might be assessed and chargeable

on —

(a)



page 44



this Agreement;



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(b)



any instrument executed by the State pursuant to this

Agreement granting to or in favour of the Joint Venturers or

any of them or any permitted assignee any tenement lease

licence easement or other right or rights; and



(c)



any assignment sublease or disposition (other than by way of

mortgage or charge) made in conformity with the provisions

of subclause (1) of Clause 35



PROVIDED THAT this subclause shall not apply to any instrument

or other document executed or made more than 7 years from the date

hereof.

(2)



If prior to the date on which the Bill referred to in Clause 3 to ratify

this Agreement is passed as an Act stamp duty has been assessed and

paid on any instrument or other document referred to in

subclause (1) the State when such Bill is passed as an Act shall on

demand refund any stamp duty paid on any such instrument or other

document to the person who paid the same.



Arbitration 2

46.



(1)



Any dispute or difference between the parties arising out of or in

connection with this Agreement the construction of this Agreement

or as to the rights duties or liabilities of a party hereunder or as to

any matter to be agreed upon between the Joint Venturers and the

State 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 the arbitration of two arbitrators one to be

appointed by each party the arbitrators to appoint their umpire before

proceeding in the reference and every such arbitration shall be

conducted in accordance with the provisions of the Commercial

Arbitration Act 1985 and notwithstanding section 20(1) of that Act

each party may be represented by a duly qualified legal practitioner

or other representative.



(2)



Except where otherwise provided in this Agreement, the provisions

of this Clause shall not apply to any case where the State the

Minister or any other Minister in the Government of the said State is

by this Agreement given either expressly or impliedly a

discretionary power.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 45



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



(3)



The arbitrators or umpire (as the case may be) of any submission to

arbitration hereunder are hereby empowered upon the application of

either of the parties to grant in the name of the Minister any interim

extension of any period or variation of any date referred to herein

which having regard to the circumstances may reasonably be

required in order to preserve the rights of that party or of the parties

hereunder and an award may in the name of the Minister grant any

further extension or variation for that purpose.



Consultation 2

47.



The Joint Venturers shall during the currency of this Agreement consult

with and keep the State fully informed on a confidential basis concerning

any action that the Joint Venturers propose to take with any third party

(including the Commonwealth or any Commonwealth constituted agency

authority instrumentality or other body) which might significantly affect

the overall interest of the State under this Agreement.



Notices 2

48.



Any notice consent or other writing authorised or required by this

Agreement to be given or sent shall be deemed to have been duly given or

sent by the State 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 prepaid post or handed to the Joint Venturers at their

addresses in the said State hereinbefore set forth or other address or

addresses in the said State nominated by the Joint Venturers to the Minister

from time to time for the purpose of this Clause and by the Joint Venturers

if signed on their behalf by any person or persons authorised by the Joint

Venturers or by their solicitors as notified to the State from time to time

and forwarded by prepaid post or handed to the Minister and except in the

case of personal service any such notice consent or writing shall be deemed

to have been duly given or sent on the day on which it would be delivered

in the ordinary course of post.



Expenditure indemnity 2

49.



Hamersley hereby agrees to indemnify the State (which expression shall

include the State’s instrumentalities and authorities) and hold it harmless



page 46



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



from and against all losses costs and expenses incurred or suffered by the

State in carrying out its obligations under this Agreement or any approved

proposal where those losses costs and expenses arise as a direct result of

default by the Joint Venturers in the performance of their obligations under

this Agreement (other than the obligations under Clause 23).

Term 2

50.



Subject to the provisions of Clause 39, this Agreement shall expire on the

date that is 30 years from the date of approval of the proposals made

pursuant to Clause 7.



Applicable law 2

51.



This Agreement shall be interpreted according to the law for the time being

in force in the State of Western Australia.

THE SCHEDULE

WESTERN AUSTRALIA

MINING ACT 1978

IRON ORE (CHANNAR JOINT VENTURE)

AGREEMENT ACT 1987

MINING LEASE



MINING LEASE No.

The Minister for Minerals and Energy a corporation sole established by the

Mining Act 1978 with power to grant leases of land for the purposes of mining

in consideration of the rents hereinafter reserved and of the covenants on the

part of the Lessee described in the First Schedule to this lease and of the

conditions hereinafter contained and pursuant to the Mining Act 1978 (except as

As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 47



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



otherwise provided by the Agreement (hereinafter called “the Agreement”)

described in the Second Schedule to this lease) hereby leases to the Lessee the

land more particularly delineated and described in the Third Schedule to this

lease for iron ore subject however to the exceptions and reservations set out in

the Fourth Schedule to this lease and to any other exceptions and reservations

which subject to the Agreement are by the Mining Act 1978 and by any Act for

the time being in force deemed to be contained herein to hold to the Lessee this

lease for a term of thirty years commencing on the date set out in the Fifth

Schedule to this lease (subject to sooner determination of the said term upon

cessation or determination of the Agreement) upon and subject to such of the

provisions of the Mining Act 1978 except as otherwise provided by the

Agreement as are applicable to mining leases granted thereunder and to the

terms covenants and conditions set out in the Agreement and to the covenants

and conditions herein contained or implied and any further conditions or

stipulations set out in the Sixth Schedule to this lease the Lessee paying therefor

the rents and royalties as provided in the Agreement PROVIDED ALWAYS

that this lease and any renewal thereof shall not be determined or forfeited

otherwise than in accordance with the Agreement.

In this Lease —

— “Lessee” includes the respective successors and permitted assigns

of each Lessee.





The liability of the Lessee hereunder shall be joint and several.







Reference to an Act includes all amendments to that Act for the

time being in force and also any Act passed in substitution

therefor or in lieu thereof and to the regulations and by-laws

for the time being in force thereunder.

FIRST SCHEDULE



CMIEC (CHANNAR) PTY. LTD. a company incorporated in Western Australia

and having its registered office at 140 St George’s Terrace, Perth as to

40 (40/100ths) shares CHANNAR MINING PTY. LIMITED a company

incorporated in Western Australia and having its registered office at

191 St George’s Terrace, Perth as to 60 (60/100th) shares.



page 48



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



SECOND SCHEDULE

The Agreement made between the State of Western Australia, CMIEC (Channar)

Pty. Ltd. and Channar Mining Pty. Limited and Hamersley Iron Pty. Limited and

ratified by the Iron Ore (Channar Joint Venture) Agreement Act 1987 and any

amendments to that Agreement.

THIRD SCHEDULE

(Description of land:)

Locality:

Mineral Field:



Area, etc.:



Being the land delineated on Survey Diagram No.

recorded in the Department of Mines, Perth.

FOURTH SCHEDULE

All petroleum as defined in the Petroleum Act 1967 on or below the surface of the

land the subject of this lease is reserved to the Crown in right of the State of

Western Australia with the right of the Crown in right of the State of Western

Australia and any person lawfully claiming thereunder or otherwise authorised to

do so to have access to the land the subject of this lease for the purpose of

searching for and for the operations of obtaining petroleum (as so defined) in any

part of the land.

FIFTH SCHEDULE

(Date of commencement of the lease).

SIXTH SCHEDULE

(Any further conditions or stipulations).



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 49



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



In witness whereof the Minister for Minerals and Energy has

affixed his seal and set his hand

hereto

this

day of

19 .

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 said

THE HONOURABLE BRIAN

THOMAS BURKE, M.L.A.



BRIAN BURKE



in the presence of:



D. PARKER

MINISTER FOR MINERALS AND ENERGY



THE COMMON SEAL of

CMIEC (CHANNAR) PTY. LTD.

was hereunto affixed by

authority of the Directors



(C.S.)



in the presence of:



Director



ZHENG SHIQUAN



Director



YAN DESHUN



page 50



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 1

Iron Ore (Channar Joint Venture) Agreement



THE COMMON SEAL of

CHANNAR MINING PTY. LIMITED

was hereunto affixed by

authority of the Directors



(C.S)



in the presence of:



Director



M. A. O’LEARY



Director



P. KNOWLES



THE COMMON SEAL of

HAMERSLEY IRON PTY.

LIMITED was hereunto

affixed by authority

of the Directors in



(C.S.)



the presence of:



Director



M. A. O’LEARY



Director



C. J. S. RENWICK



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 51



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



Schedule 2 — 2017 variation agreement

[s. 3]

[Heading inserted: No. 13 of 2017 s. 7.]

2017



THE HONOURABLE MARK McGOWAN

THE STATE OF WESTERN AUSTRALIA

and

CHANNAR MINING PTY. LIMITED

ACN 009 127 039

SINOSTEEL CHANNAR PTY LTD

ACN 009 277 249

and

HAMERSLEY IRON PTY. LIMITED

ACN 004 558 276



IRON ORE (CHANNAR JOINT VENTURE) AGREEMENT 1987

RATIFIED VARIATION AGREEMENT



[Solicitor's details]



page 52



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



THIS AGREEMENT is made this 29th day of September 2017



BETWEEN



THE HONOURABLE MARK McGOWAN, BA LLB MLA, Premier of the

State of Western Australia, acting for and on behalf of the said State and its

instrumentalities from time to time (hereinafter called the "State") of the first

part,

AND

CHANNAR MINING PTY. LIMITED ACN 009 127 039 of Level 22,

Central Park, 152-158 St Georges Terrace, Perth, Western Australia and

SINOSTEEL CHANNAR PTY LTD ACN 009 277 249 of Level 41, 108 St

Georges Terrace, Perth, Western Australia (hereinafter called the

"Joint Venturers" in which term shall be included their successors and

permitted assigns) of the second part,

AND

HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 22,

Central Park, 152-158 St Georges Terrace, Perth, Western Australia (hereinafter

called "Hamersley") of the third part.

RECITALS:

A.



The State, the Joint Venturers and Hamersley are parties to the

agreement dated 27 October 1987, which is referred to in this

Agreement as the "Principal Agreement".



B.



The parties wish to vary the provisions of the Principal

Agreement on the terms and conditions set out in this Agreement.



THE PARTIES AGREE AS FOLLOWS:

1.



Ratification and operation

(1) This Agreement, other than this clause, does not come into

operation except in accordance with subclause (2).

(2) This Agreement, other than this clause, comes into operation on

the day on which it is ratified by an Act of the Parliament of



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 53



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



Western Australia ("Operative Date") unless, before that day, it

terminates under subclauses (4) or (5).

(3) The State must introduce in the Parliament of Western Australia

before 31 October 2017 or a later date agreed by the parties to

this Agreement a Bill to ratify this Agreement and must

endeavour to secure its passage as an Act.

(4) If by 31 December 2017 this Agreement has not been ratified by

an Act of the Parliament of Western Australia then, unless the

parties to this Agreement otherwise agree, this Agreement

terminates on that day and no party hereto will have any claim

against any other party hereto with respect to any matter or thing

arising out of, done, performed, or omitted to be done or

performed under this Agreement.

(5) The parties agree that if the Principal Agreement is otherwise

determined in accordance with its provisions on a day prior to the

Operative Date, then this Agreement shall also terminate on and

from that day and no party hereto will have any claim against any

other party hereto with respect to any matter or thing arising out

of, done, performed, or omitted to be done or performed under

this Agreement.

2.



Variations of the Principal Agreement

The Principal Agreement is hereby varied as follows:

(1)



in clause 1 by:

(a)



deleting the definitions of "direct shipping ore",

"fine ore", "fines" and "f.o.b. revenue"; and



(b)



inserting in the appropriate alphabetical positions

the following new definitions:

"Hamersley Range 1963 Agreement" means the

agreement approved by and scheduled to the Iron

Ore (Hamersley Range) Agreement Act 1963, as

from time to time added to, varied or amended;

"Variation Agreement" means the variation

agreement made on or about 3 October 2017

between the Honourable Mark McGowan,



page 54



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



Premier of the State of Western Australia acting

for and on behalf of the said State and its

instrumentalities from time to time, the Joint

Venturers and Hamersley;

"Variation Date" means the date on which

clause 2 of the Variation Agreement comes into

operation;

(2)



in clause 15 by:

(a)



in subclause (5) inserting after the words

"consent of" the following:

"the Minister for Minerals and Energy, acting

with the concurrence of the Minister, and"; and



(b)



in paragraph (a) of subclause (7) deleting the

words "agreement (as amended from time to

time) ratified by the Iron Ore (Hamersley Range)

Agreement Act 1963" and substituting:

"Hamersley Range 1963 Agreement";



(3)



in clause 22 by:

(a)



inserting after the

following:



words



"Clause 23"



the



"or pursuant to the proviso to paragraph (a) of

subclause (7) of Clause 15"; and

(b)



inserting after the last sentence of Clause 22 the

following additional sentence:

"The parties acknowledge that rental paid by the

Joint Venturers pursuant to this Clause in respect

of any period or part thereof prior to the

Variation Date in relation to iron ore upon which

royalty was payable pursuant to the proviso to

paragraph (a) of subclause (7) of Clause 15 shall

be treated for all purposes as rental paid in

respect of iron ore upon which royalty was

payable pursuant to Clause 23.";



(4)

As at 06 Dec 2017



in clause 23 by:

Version 01-d0-01

Published on www.legislation.wa.gov.au



page 55



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



(a)



deleting subclause (1)

following:



and



substituting



the



"The Joint Venturers shall during the continuance

of this Agreement pay to the State royalty in

accordance with the Hamersley Range 1963

Agreement on all iron ore from the mining lease

(other than iron ore shipped solely for testing

purposes and iron ore on which royalty is paid by

Hamersley pursuant to the proviso to

paragraph (a) of subclause (7) of Clause 15) as if

such iron ore were produced under a mineral

lease granted pursuant to the abovementioned

agreement."; and

(b)

(5)



deleting subclauses (2), (3) and (4);



by inserting after clause 23 a new Clause as follows:

"Blending

23A. The Joint Venturers may blend iron ore mined

from the mining lease with iron ore mined

pursuant to the Hamersley Range 1963

Agreement."



(6)



in clause 31 by:

(a)



deleting "(except as to any part upon which a

permanent residence shall be erected or which is

occupied in connection with that residence and

except as to any part upon which there stands any

improvements that are used in connection with a

commercial undertaking not directly related to

the mining of iron ore)" and substituting:

"(except as to any part of land upon which is

situated a specified improvement as referred to

below)"; and



(b)



page 56



inserting after the last sentence of clause 31 the

following additional sentence:



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



"For the purpose of this Clause the following

improvements are specified improvements:

(a) accommodation,

recreation

administration

facilities

associated buildings; or



or

and



(b) maintenance workshops existing

within 100 metres of facilities of the

type listed in paragraph (a) above.";

(7)



in clause 41 by inserting after the words "pursuant to any

Act" the following:

"(including under the Environmental Protection

Act 1986)";



(8)



by deleting clause 50 and substituting the following new

clause:

"Term of Agreement and completion of productive

mining

50.



(1) Subject to the provisions of Clause 39, this

Agreement

shall

expire

on

22 February 2028.

(2) The Joint Venturers may, provided they are

not in default of their obligations under this

Agreement, give notice to the Minister not

later than 22 February 2027 of their desire to

have the provisions of this Agreement

extended for such period not exceeding

5 years as may be nominated in such notice.



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 57



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



(3) The Minister may, if satisfied that the Joint

Venturers require the Agreement to be

extended for the additional period nominated

in a notice given under subclause (2) to:

(a) complete any productive mining

activities then the subject of approved

proposals; or

(b) decommission a mine or mines

(including ceasing production and

removing

infrastructure,

plant,

equipment and services comprising and

associated with the mine or mines) and

rehabilitate the minesite or minesites,

extend the term of this Agreement for such

additional period.

(4) For the purposes of this clause "productive

mining activities" means activities for the

mining and recovery of iron ore.";

(9)



by inserting after clause 50 the following new clause:

"50A. Mining lease and lease I163654 are deemed

amended upon endorsement in registers

(1) The respective terms of the mining lease and

lease I163654 (originally special lease

3116/11553) shall be deemed to be extended

upon and from the respective date of

endorsement referred to in subclause (2) so

as to in each case expire on

22 February 2028 or such later date agreed

by the Minister pursuant to Clause 50(3) as

being the date of expiry of this Agreement,

subject to the sooner determination of their

respective terms in accordance with their

provisions or upon the cessation or

determination of the Agreement.



page 58



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



(2) As soon as practicable after the Variation

Date the State shall cause a notation or other

endorsement to be made in the register

maintained under:

(a) section 103F of the Mining Act that the

mining lease is extended from the date

of such endorsement and by such

endorsement pursuant to this Clause

and as contemplated by this Clause; and

(b) section 48 of the Transfer of Land

Act 1893 that lease I163654 is extended

from the date of such endorsement and

by such endorsement pursuant to this

Clause and as contemplated by this

Clause.

For the avoidance of doubt, the Director

General of Mines and the Registrar of Titles

are authorised to make the abovementioned

endorsements in the respective registers that

they administer without any further

formalities,

approvals

or

other

preconditions."; and

(10) in clause 51 by adding the following after "State of

Western Australia":

"and the parties to this Agreement submit to the

jurisdiction of the courts of Western Australia in relation to

any action or proceeding to settle any dispute or question

arising out of or in connection with this Agreement".



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 59



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



EXECUTED AS A DEED.



SIGNED by THE HONOURABLE )

MARK McGOWAN, in the )

presence of:

)

[Signature]

.....................................................

Signature of THE

HONOURABLE MARK

McGOWAN



[Signature]

.......................................................

Signature of witness

TRENA McDONALD

...........................................................

Name of witness (block letters)

EXECUTED

by

CHANNAR

MINING

PTY.

LIMITED

ACN 009 127 039 in accordance with

section 127(1) of the Corporations

Act 2001 (Cth) by authority of its

directors:

[Signature]

..........................................................

Signature of director



)

)

)

)

)

)

[Signature]

.................................................

Signature of director/company

secretary*

*delete whichever is not applicable



PAUL SHANNON

..........................................................

Name of director (block letters)



MICHAEL GOLLSCHEWSKI

......................................................

Name of director/company

secretary* (block letters)

*delete whichever is not applicable



page 60



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987

Schedule 2

2017 variation agreement



EXECUTED by SINOSTEEL

CHANNAR

PTY

LTD

ACN 009 277 249 in accordance with

section 127(1) of the Corporations

Act 2001 (Cth) by authority of its

directors:



)

)

)

)

)

)



[Signature]

..........................................................

Signature of director



[Signature]

.......................................................

Signature of director/company

secretary*

*delete whichever is not applicable



IAN HOLDING

.......................................................

Name of director/company

secretary* (block letters)



SUN XIAOXUAN

..........................................................

Name of director (block letters)



*delete whichever is not applicable



EXECUTED by HAMERSLEY

IRON

PTY.

LIMITED

ACN 004 558 276 in accordance with

section 127(1) of the Corporations

Act 2001 (Cth) by authority of its

directors:

[Signature]

......................................................

Signature of director



)

)

)

)

)

)

[Signature]

...................................................

Signature of director/company

secretary*

*delete whichever is not applicable



PAUL SHANNON

......................................................

Name of director (block letters)



MICHAEL GOLLSCHEWSKI

...................................................

Name of director/company

secretary* (block letters)

*delete whichever is not applicable



[Schedule 2 inserted: No. 13 of 2017 s. 7.]



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 61



Iron Ore (Channar Joint Venture) Agreement Act 1987



Notes

1



This is a compilation of the Iron Ore (Channar Joint Venture) Agreement

Act 1987 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

61 of 1987



Assent



13 of 2017



5 Dec 2017



Commencement



Iron Ore (Channar Joint

13 Nov 1987 13 Nov 1987 (see s. 2)

Venture) Agreement

Act 1987

Reprint 1: The Iron Ore (Channar Joint Venture) Agreement Act 1987 as at 5 Dec 2003

Standardisation of

19 of 2010

28 Jun 2010 11 Sep 2010 (see s. 2(b) and

Formatting Act 2010 s. 4

Gazette 10 Sep 2010 p. 4341)

Iron Ore (Channar Joint

Venture) (Hamersley

Range) Agreements

Amendment Act 2017 Pt. 2

2



6 Dec 2017 (see s. 2(b))



Marginal notes in the Agreement have been represented as bold headnotes in this

reprint but that does not change their status as marginal notes.



page 62



Version 01-d0-01

Published on www.legislation.wa.gov.au



As at 06 Dec 2017



Iron Ore (Channar Joint Venture) Agreement Act 1987



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)

2017 variation agreement ...................................................................................... 3

the Agreement ....................................................................................................... 3

the Joint Venturers ................................................................................................ 3



As at 06 Dec 2017



Version 01-d0-01

Published on www.legislation.wa.gov.au



page 63