Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980
This Act was repealed by the State Agreements Legislation Repeal Act 2013 s. 3 (No. 1 of 2013) as at 28 Aug 2013 (see s. 2 and Gazette 27 Aug 2013 p. 4051).
Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980
This Act was repealed by the State Agreements Legislation Repeal Act 2013 s. 3 (No. 1 of 2013) as at 28 Aug 2013 (see s. 2 and Gazette 27 Aug 2013 p. 4051).
Western Australia
Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980
Contents
1.Short title1
2.Interpretation1
3.Ratification of Agreement1
4.Amendment of other Agreements2
Schedule — Variation agreement
Notes
Compilation table7
Western Australia
Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980
An Act relating to an agreement between the State of Western Australia and The Broken Hill Proprietary Company Limited, Australian Iron & Steel Proprietary Limited and Dampier Mining Company Limited.
This Act may be cited as the Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980 1.
In this Act unless the contrary intention appears —
the Agreement means the agreement a copy of which is set forth in the Schedule to this Act;
the other Agreements means —
(a)the agreement set forth in the Schedule to the Broken Hill Proprietary Company’s Integrated Steel Works Agreement Act 1960 as amended by the Broken Hill Proprietary Company’s Integrated Steel Works Agreement Act Amendment Act 1973; and
(b)the agreement set forth in the Schedule to the Iron Ore (The Broken Hill Proprietary Company Limited) Agreement Act 1964.
The Agreement is hereby approved and ratified.
4.Amendment of other Agreements
It is hereby declared that the other Agreements are amended as provided for in the Agreement.
Schedule — Variation agreement
[s. 2]
[Heading amended by No. 19 of 2010 s. 4.]
THIS AGREEMENT is made the 23rd day of April, 1980 BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, K.C.M.G., O.B.E., M.L.A., 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 THE BROKEN HILL PROPRIETARY COMPANY LIMITED a company duly incorporated under the Companies Statutes of the State of Victoria and having its registered office in the State of Western Australia at 37 Saint George’s Terrace, Perth (hereinafter called “B.H.P.”) of the second part AUSTRALIAN IRON & STEEL PROPRIETARY LIMITED a company duly incorporated under the Companies Statutes of the State of New South Wales and having its registered office in the State of Western Australia at 37 Saint George’s Terrace, Perth (hereinafter called “A.I.S.”) of the third part and DAMPIER MINING COMPANY LIMITED a company duly incorporated under the Companies Statutes of the State of Western Australia and having its registered office in the said State at 37 Saint George’s Terrace, Perth (hereinafter called “Dampier”) of the fourth part.
WHEREAS:
(a)the State and B.H.P. are parties to the agreement between them dated the 18th day of November 1960 defined in section 3 of the Broken Hill Proprietary Company’s Integrated Steel Works Agreement Act 1960 (which agreement in the form printed in that Act is hereinafter referred to as “the 1960 Agreement”);
(b)by the agreement dated the 24th day of November 1964 and made between the State of the one part and B.H.P. of the other part defined in section 2 of the Iron Ore (The Broken Hill Proprietary Company Limited) Agreement Act 1964 (which agreement in the form printed in that Act is hereinafter referred to as “the 1964 Agreement”) B.H.P. (inter alia) undertook certain additional processing obligations to those under the 1960 Agreement and the parties thereto also varied the 1960 Agreement in manner therein set forth;
(c)by an agreement dated the 18th day of March 1966 B.H.P. assigned certain of its rights and obligations under the 1960 Agreement and the 1964 Agreement to A.I.S. and assigned certain of its other rights and obligations under those Agreements to Dampier;
(d)by the agreement dated the 23rd day of May 1973 and made between the State of the first part B.H.P. of the second part and Dampier of the third part which agreement was ratified by and is scheduled to the Broken Hill Proprietary Company’s Integrated Steel Works Agreement Act Amendment Act 1973 (which agreement in the form printed in that Act is hereinafter referred to as “the 1973 Agreement”) the parties thereto further varied the 1960 Agreement;
(e)the 1960 Agreement as varied by the 1964 Agreement and the 1973 Agreement is hereinafter referred to as “the Principal Agreement”; and
(f)the parties hereto desire to vary the Principal Agreement and the 1964 Agreement.
NOW THIS AGREEMENT WITNESSETH:
1.Subject to the context the words and expressions used in this Agreement have the same meanings as they have in and for the purpose of the Principal Agreement and the 1964 Agreement respectively.
2.Subject to the provisions of the agreement referred to in recital (c) hereof, for the purposes of the 1960 Agreement, the 1964 Agreement, the Principal Agreement and this Agreement the expression “the Company” shall where the context so admits include A.I.S. and Dampier.
3.The provisions of this Agreement shall not come into operation unless and until a Bill to approve and ratify this Agreement is passed by the Legislature of the said State and comes into operation as an Act.
Variation of Principal Agreement 2
4.The Principal Agreement is hereby varied as to Clause 3 —
by substituting for paragraph (c) the following paragraph —
(c)(i)the Company shall carry out an ongoing programme of investigation into the technical and economic feasibility of establishing steel making facilities within the said State;
(ii)the Company shall keep the State fully informed concerning investigations carried out pursuant to sub‑paragraph (i) of this paragraph and shall when required by the Minister so to do but not more frequently than at three yearly intervals submit a detailed report to the Minister concerning such investigations and shall when so required by the Minister consult with him with respect to such detailed report; and
(iii)if the State and the Company agree that the establishment of steel making facilities within the said State is technically and economically feasible the Company shall after consultation with the Minister establish such steel making facilities either alone or in conjunction with others;.
Acknowledgement by the State concerning the 1960 Agreement 2
5.The State acknowledges that the Company has no further obligations under Clause 6 of the 1960 Agreement.
Variation of 1964 Agreement 2
6.The 1964 Agreement is hereby varied as to Clause 14 — by substituting for paragraph (b) the following paragraph —
(b)by the 31st day of December 1981 and at a cost of not less than twenty million dollars ($20 000 000) to reline and upgrade the blast furnace referred to in the said agreement to increase the technical and cost efficiency of the said blast furnace; and
Acknowledgement by the State concerning the 1964 Agreement 2
7.The State acknowledges that the Company has no further obligations under paragraph (c) of Clause 14 of the 1964 Agreement.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.
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SIGNED by the said THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, K.C.M.G., O.B.E., M.L.A. in the presence of — |
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CHARLES COURT |
PETER JONES
MINISTER FOR RESOURCES DEVELOPMENT
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THE COMMON SEAL OF THE BROKEN HILL PROPRIETARY COMPANY LIMITED was hereunto affixed by authority of the Board of Directors — |
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[C.S.] |
DIRECTOR. D. S. ADAM
SECRETARY. G. D. STEPHENSON
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THE COMMON SEAL OF AUSTRALIAN IRON & STEEL PROPRIETARY LIMITED was hereunto affixed in the presence of: |
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[C.S.] |
DIRECTOR. D. S. ADAM
SECRETARY. G. D. STEPHENSON
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THE COMMON SEAL OF DAMPIER MINING COMPANY LIMITED was hereunto affixed by authority of Board of Directors — |
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[C.S.] |
DIRECTOR. D. S. ADAM
SECRETARY. G. D. STEPHENSON
1This is a compilation of the Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980 |
19 of 1980 |
15 Oct 1980 |
15 Oct 1980 |
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Reprint of the Broken Hill Proprietary Company Limited Agreements (Variation) Act 1980 as at 15 Nov 2002 |
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Standardisation of Formatting Act 2010 s. 4 |
19 of 2010 |
28 Jun 2010 |
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341) |
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This Act was repealed by the State Agreements Legislation Repeal Act 2013 s. 3 (No. 1 of 2013) as at 28 Aug 2013 (see s. 2 and Gazette 27 Aug 2013 p. 4051) |
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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 termProvision(s)
the Agreement2
the other Agreements2
