Western Australia
Barrow Island Amendment Act 2013
CONTENTS
1.Short title2
2.Commencement2
3.Act amended2
4.Long title amended2
5.Section 3 amended2
6.Section 5 amended2
7.Section 9 amended2
8.Schedule 2 inserted2
Schedule 2 — 2013 variation agreement
Western Australia
Barrow Island Amendment Act 2013
An Act to amend the Barrow Island Act 2003.
[Assented to 18 December 2013]
The Parliament of Western Australia enacts as follows:
This is the Barrow Island Amendment Act 2013.
This Act comes into operation as follows —
(a)sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)the rest of the Act — on the day after that day.
This Act amends the Barrow Island Act 2003.
In the long title in the 2nd bullet point delete “300” and insert:
332
(1)In section 3 before the 1st alphabetical definition insert in numerical order:
2013 variation agreement means the agreement a copy of which is set out in Schedule 2;
(2)In section 3 in the definition of the Agreement:
(a)delete “and” (2nd occurence) and insert:
and, except in section 5(1),
(b)delete “provisions;” and insert:
provisions and by the 2013 variation agreement;
After section 5(1) insert:
(2A)The 2013 variation agreement is ratified.
In section 9(1) delete “300” and insert:
332
Note:The heading to amended section 9 is to read:
No more than 332 ha in total of uncleared land to be subject of leases, licences or easements
After Schedule 1 insert:
Schedule 2 — 2013 variation agreement
[s. 3]
2013
THE HONOURABLE COLIN JAMES BARNETT
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
CHEVRON (TAPL) PTY LTD
ABN 18 081 647 047
MOBIL AUSTRALIA RESOURCES COMPANY PTY LIMITED
ABN 38 000 113 217
SHELL DEVELOPMENT (AUSTRALIA) PROPRIETARY LIMITED
ABN 14 009 663 576
OSAKA GAS GORGON PTY LTD
ABN 13 139 074 847
TOKYO GAS GORGON PTY LTD
ABN 16 138 592 042
CHUBU ELECTRIC POWER GORGON PTY LTD
ABN 94 140 107 464
GORGON GAS PROCESSING AND INFRASTRUCTURE PROJECT AGREEMENT 2003
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 21st day of October 2013
BETWEEN
THE HONOURABLE COLIN JAMES BARNETT MLA., Premier of the State of Western Australia acting for and on behalf of the said State and instrumentalities thereof from time to time (State)
AND
CHEVRON (TAPL) PTY LTD ABN 18 081 647 047 of Level 24, 250 St Georges Terrace, Perth, Western Australia, MOBIL AUSTRALIA RESOURCES COMPANY PTY LIMITED ABN 38 000 113 217 of 12 Riverside Quay, Southbank, Melbourne, Victoria, SHELL DEVELOPMENT (AUSTRALIA) PROPRIETARY LIMITED ABN 14 009 663 576 of Level 3, 2 Victoria Avenue, Perth, Western Australia, OSAKA GAS GORGON PTY LTD ABN 13 139 074 847 of Level 16, 108 St Georges Terrace, Perth, Western Australia, TOKYO GAS GORGON PTY LTD ABN 16 138 592 042 of Level 21, Exchange Plaza, 2 The Esplanade, Perth, Western Australia and CHUBU ELECTRIC POWER GORGON PTY LTD ABN 94 140 107 464 of Level 22, St Martins Tower, 44 St Georges Terrace, Perth, Western Australia (together with their successors and permitted assigns collectively called the "Joint Venturers").
RECITALS
A.The State and the Joint Venturers are now the parties to the agreement dated 9 September 2003, the execution of which by the State was ratified by the Barrow Island Act 2003 and which as subsequently varied by agreement dated 9 September 2009 is referred to in this Agreement as the "Principal Agreement".
B.The State and the Joint Venturers wish to vary the Principal Agreement on the terms and conditions of this Agreement.
THE PARTIES AGREE as follows:
1.Subject to the context, the words and expressions used in this Agreement have the same meanings respectively as they have in and for the purpose of the Principal Agreement.
2.(1)This Agreement, other than this clause and clause 1, does not come into operation except in accordance with subclause (2).
(2)This Agreement, other than this clause and clause 1, comes into operation on the day on which it is ratified by an Act of the Parliament of Western Australia unless, before that day, it terminates under subclause (4).
(3)The State must introduce in the Parliament of Western Australia before 31 December 2013, or a later date agreed between the parties to this Agreement, a Bill to ratify this Agreement and must endeavour to secure its passage as an Act.
(4)If by 30 June 2014 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.
3.The Principal Agreement is hereby varied as follows:
(1)in clause 1 in the definition of "Gas Processing Area" by deleting "300" and substituting "332";
(2)in clause 5(1) by deleting "300" and substituting "332";
(3)in clause 6 by inserting after subclause (11) the following new subclause:
"(12)If the Minister considers it reasonable and appropriate to do so the Minister may approve pursuant to clause 8(7) (including as applying pursuant to clause 10(3)) variations to any approved proposals to which a subclause (10) permission relates to provide for the grant (including by variation of any existing titles) to the Joint Venturers under the LA Act and in accordance with this Agreement of leases, licences and easements in respect of land within the Gas Processing Area beyond that otherwise allowed by the subclause (10) permission."; and
(4)in clause 22(1) by deleting " 300" and substituting "332".
EXECUTED as a deed.
SIGNED by THE HONOURABLE)
COLIN JAMES BARNETT)[Signature]
in the presence of:)
[Signature]
Witness:
Name: Nicole Henderson
EXECUTED by CHEVRON (TAPL) PTY )
LTD in accordance with section 127(1) of the )
Corporations Act 2001 (Cth) by authority of its)
Directors:)
[Signature][Signature]
Signature of DirectorSignature of Director/Secretary
Roy J. KrzywosinskiMarcia H Decter
Name of DirectorName of Director/Secretary
EXECUTED by MOBIL AUSTRALIA)
RESOURCES COMPANY PTY LIMITED)
by its undersigned Attorney who has not)
received any notice of revocation of the Power )
of Attorney under which this deed is signed:)
[Signature][Signature]
Signature of AttorneySignature of Witness
Luke P MusgraveRobyn Eileen Susan Wheatland
Name of AttorneyName of Witness
EXECUTED by SHELL DEVELOPMENT )
(AUSTRALIA) PROPRIETARY LIMITED)
in accordance with section 127(1) of the )
Corporations Act 2001 (Cth) by authority of its)
Directors:)
[Signature][Signature]
Signature of DirectorSignature of Director/Secretary
Cassandra Jane ChinkinPeter Lorbeer
Name of DirectorName of Director/Secretary
EXECUTED by OSAKA GAS )
GORGON PTY LTD in accordance )
with section 127(1) of the Corporations)
Act 2001 (Cth) by authority of its)
Directors:)
[Signature][Signature]
Signature of DirectorSignature of Director/Secretary
Yasuo KatoKeiji Takemori
Name of DirectorName of Director/Secretary
EXECUTED by TOKYO GAS )
GORGON PTY LTD in accordance )
with section 127(1) of the Corporations)
Act 2001 (Cth) by authority of its)
Directors:)
[Signature][Signature]
Signature of DirectorSignature of Director/Secretary
Koichi TanimuraChris Rumley
Name of DirectorName of Director/Secretary
EXECUTED by CHUBU )
ELECTRIC POWER GORGON)
PTY LTD in accordance with section)
127(1) of the Corporations Act 2001)
(Cth) by authority of its Directors:)
[Signature][Signature]
Signature of DirectorSignature of Director/Secretary
Yuta KanoAkira Mikami
Name of DirectorName of Director/Secretary
