Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021
Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021
Western Australia
Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021
Contents
1.Short title2
2.Commencement2
3.Act amended2
4.Section 3 amended2
5.Section 4 amended2
6.Section 6 amended3
7.Schedule 2 inserted3
Schedule 2 — 2020 variation agreement
Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021
An Act to amend the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017.
[Assented to 17 August 2021]
The Parliament of Western Australia enacts as follows:
This is the Railway (BBI Rail Aus Pty Ltd) Agreement Amendment Act 2021.
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 Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017.
(1)In section 3 delete the definition of Agreement.
(2)In section 3 insert in alphabetical order:
2020 variation agreement means the agreement a copy of which is set out in Schedule 2;
Agreement means the scheduled agreement —
(a)as varied from time to time in accordance with its terms; and
(b)as varied by the 2020 variation agreement;
After section 4(1) insert:
(1A)The 2020 variation agreement is ratified.
In section 6(2) after “scheduled agreement” insert:
or the 2020 variation agreement
After Schedule 1 insert:
Schedule 2 — 2020 variation agreement
[s. 3]
2020
THE HONOURABLE MARK McGOWAN
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
BBI RAIL AUS PTY LTD
ABN 44 604 857 392
AND
TODD PETROLEUM MINING COMPANY LIMITED
NZBN 9429040945767
TODD OFFSHORE LIMITED
NZBN 9429030115989
TODD MINERALS LIMITED
NZBN 9429030762596
RAILWAY (BBI RAIL AUS PTY LTD) AGREEMENT 2017
RATIFIED VARIATION AGREEMENT
[Solicitor’s details]
THIS AGREEMENT is made this 10 day of September 2020
BETWEEN
THE HONOURABLE MARK McGOWAN, BA, LLB, 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 ("the State") of the first part,
AND
BBI RAIL AUS PTY LTD ABN 44 604 857 392 of Level 3, 151 Macquarie Street, Sydney, New South Wales ("the Company") of the second part,
AND
TODD PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 of Level 15, The Todd Building, 95 Customhouse Quay, Wellington, New Zealand, TODD OFFSHORE LIMITED NZBN 9429030115989 of Level 15, The Todd Building, 95 Customhouse Quay, Wellington, New Zealand and TODD MINERALS LIMITED NZBN 9429030762596 of Level 15, The Todd Building, 95 Customhouse Quay, Wellington, New Zealand (each a "Guarantor" and collectively "the Guarantors") of the third part.
RECITALS
A.The State, the Company and the Guarantors are the parties to the agreement dated 23 January 2017 ratified by and scheduled to the Railway (BBI Rail Aus Pty Ltd) Agreement Act 2017 and 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 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 30 September 2020 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 2021 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 varied as follows:
(1)in clause 1 by deleting the word "and" after the definition of "SRL spur line Operation Date" and inserting the following definitions after the definition of "this Agreement", "hereof" and "hereunder":
"Variation Agreement" means the variation agreement made on or about 16 September 2020 between the Honourable Mark McGowan, Premier of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, the Company and the Guarantors; and
"Variation Date" means the date on which clause 2 of the Variation Agreement comes into operation;
(2)in clause 11(1) by deleting "31 March 2019" and substituting "31 March 2022";
(3)by inserting after clause 11(5) the following new subclause:
"(6)The provisions of clause 27 shall not apply to this clause.";
(4)in clause 12(6) by deleting “1 October 2019” and inserting “1 October 2022”;
(5)by inserting after clause 19(4) the following new subclause:
"(5)The Company acknowledges that nothing in this Agreement shall be taken to limit the rights of the State to enact general legislation in substitution for or modification of, in whole or in part, the provisions of this Agreement (including clauses 9 and 10) relating to local participation."; and
(6)in clause 28(2) by deleting “The” and substituting “After the Variation Date, the”;
EXECUTED as a deed.
SIGNED by THE HONOURABLE)
MARK McGOWAN)[Signature]
in the presence of:)
[Signature]
Signature of witness
NADEEN LYN ROBERTS
Name of witness
|
EXECUTED by BBI RAIL AUS PTY LTD ABN 44 604 857 392 in accordance with section 127(1) of the Corporations Act 2001 (Cth) by authority of its directors:
[Signature] ……………………………………… Signature of director
JONATHON TERENCE YOUNG ……………………………………… Full name of director (block letters) |
) ) ) ) )
|
[Signature] …………………………………… Signature of director
NICHOLAS CURTIS …………………………………… Full name of director (block letters) |
|
EXECUTED by TODD PETROLEUM MINING COMPANY LIMITED NZBN 9429040945767 in accordance with section 180 of the Companies Act 1993 (New Zealand) by authority of its directors:
[Signature] ……………………………………… Signature of director
CHRISTOPHER BRIAN HALL ……………………………………… Full name of director (block letters) |
) ) ) ) ) ) )
|
[Signature] …………………………………… Signature of director
JONATHON TERENCE YOUNG …………………………………… Full name of director (block letters) |
|
EXECUTED by TODD OFFSHORE LIMITED NZBN 9429030115989 in accordance with section 180 of the Companies Act 1993 (New Zealand) by authority of its directors:
[Signature] ……………………………………… Signature of director
MICHAEL JOHN TODD ……………………………………… Full name of director (block letters) |
) ) ) ) ) )
|
[Signature] …………………………………… Signature of director
HENRY ALEXANDER BRYAN TAIT …………………………………… Full name of director (block letters) |
|
EXECUTED by TODD MINERALS LIMITED NZBN 9429030762596 in accordance with section 180 of the Companies Act 1993 (New Zealand) by authority of its directors:
[Signature] ……………………………………… Signature of director
CHRISTOPHER BRIAN HALL ……………………………………… Full name of director (block letters) |
) ) ) ) )
|
[Signature] …………………………………… Signature of director
JONATHON TERENCE YOUNG …………………………………… Full name of director (block letters) |
© State of Western Australia 2021. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2021. By Authority: GEOFF O. LAWN, Government Printer