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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CENTRAL QUEENSLAND
COAL ASSOCIATES
AGREEMENT VARIATION
BILL 1996
Queensland
CENTRAL QUEENSLAND COAL
ASSOCIATES AGREEMENT VARIATION
BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Making of agreement authorised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 5
AGREEMENT
1996
A BILL
FOR
An Act to authorise the making of an agreement amending the
agreement made under the Central Queensland Coal Associates
Agreement Act 1968
s1 4 s2
Central Queensland Coal Associates Agreement
Variation
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Central Queensland Coal Associates 3
Agreement Variation Act 1996. 4
of agreement authorised 5
Making
2.(1) The Premier is authorised, for the State, to make an agreement with 6
the parties named in the agreement in the schedule. 7
(2) The agreement must be substantially in the form set out in the 8
schedule. 9
(3) The Premier must notify the date of making the agreement by gazette 10
notice. 11
12
5
Central Queensland Coal Associates Agreement
Variation
CHEDULE 1
¡S
AGREEMENT 2
section 2 3
AN AGREEMENT made the day of 1996 4
BETWEEN the Honourable ROBERT BORBIDGE in his capacity as the 5
Premier of Queensland, for and on behalf of the Government of the State of 6
Queensland of the first part 7
AND BHP AUSTRALIA COAL PTY LTD ACN 010 595 721 8
(formerly Utah Development Company), a company duly incorporated 9
according to law and having its registered office at Level 13, Riverside 10
Centre, 123 Eagle Street, Brisbane, Queensland ("BHPAC") 11
MITSUBISHI DEVELOPMENT PTY LTD ACN 009 779 873, a 12
company duly incorporated according to law and having its registered office 13
at Level 22, Riverside Centre, 123 Eagle Street, Brisbane, Queensland 14
("Mitsubishi") 15
AUSTRALIAN MUTUAL PROVIDENT SOCIETY ARBN 008 387 16
371, a body corporate duly constituted according to law having its principal 17
office at A.M.P. Place, 10 Eagle Street, Brisbane, Queensland ("AMP") 18
UMAL CONSOLIDATED LIMITED ACN 000 767 386 (formerly 19
Utah Mining Australia Limited), a company duly incorporated according to 20
law and having its registered office at Level 13, Riverside Centre, 123 Eagle 21
Street, Brisbane, Queensland ("UCL") 22
BHP QUEENSLAND COAL LIMITED ARBN 010 506 073, a 23
company duly incorporated according to law and having its registered office 24
at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland 25
("BHPQ") 26
QCT RESOURCES LIMITED ACN 010 808 705, a company duly 27
incorporated according to law and having its registered office at 10th Floor, 28
307 Queen Street, Brisbane, Queensland ("QRL"); and 29
6
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
QCT INVESTMENT PTY LTD ACN 010 487 831, a company duly 1
incorporated according to law and having its registered office at 8th Floor, 2
410 Queen Street, Brisbane, Queensland ("QCT Investment"); and 3
QCT MINING PTY LTD ACN 010 487 840, a company duly 4
incorporated according to law and having its registered office at 8th Floor, 5
410 Queen Street, Brisbane, Queensland ("QCT Mining") of the second 6
part 7
(hereinafter with their and each of their successors and permitted assigns 8
referred to as "the Continuing Companies"); and 9
PANCONTINENTAL COAL PTY LIMITED ACN 010 168 484, a 10
company duly incorporated according to law and having its registered office 11
at Level 36, Gateway, 1 Macquarie Place, Sydney, New South Wales 12
("Pancontinental Coal"); and 13
BOWEN BASIN MINERALS PROPRIETARY LIMITED ACN 14
010 636 174, a company duly incorporated according to law and having its 15
registered office at Level 36, Gateway, 1 Macquarie Place, Sydney, New 16
South Wales ("Bowen Basin Minerals") of the third part 17
(hereinafter with their and each of their successors and permitted assigns 18
referred to as "the Selling Companies"). 19
WHEREAS:-- 20
A. Utah Development Company and Mitsubishi on the 28th day of 21
January, 1969 entered into an agreement with the State of Queensland 22
relating to the development of certain coal deposits in Queensland 23
(which agreement as amended by further agreements made between 24
the Honourable Johannes Bjelke-Petersen in his capacity as the 25
Premier of Queensland, for and on behalf of the State of Queensland 26
of the one part and Utah Development Company and Mitsubishi of the 27
other part and dated 18th June, 1970, 11th June, 1971, 23rd October, 28
1973 and 27th May, 1976 and by further agreements made between 29
the Honourable Johannes Bjelke-Petersen in his capacity as the 30
Premier of Queensland, for and on behalf of the State of Queensland 31
of the one part and Utah Development Company, Mitsubishi, AMP 32
7
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
and UCL of the other part dated 1st February, 1977 and 1
16th February, 1984 and by further agreement made between the 2
Honourable Johannes Bjelke-Petersen in his capacity as the Premier of 3
Queensland, for and on behalf of the State of Queensland of the one 4
part and Utah Development Company, Mitsubishi, AMP UCL, 5
Pancontinental Mining Limited ("Pancontinental"), Bell Coal Pty Ltd 6
("Bell"), General Electric Minerals, Inc., UB Minerals, Inc. ("UB 7
Minerals"), Bowen Basin Minerals, Inc., QCT Investment and QCT 8
Mining of the other part dated 2nd April, 1984 and by further 9
agreement made between the Honourable Johannes Bjelke-Petersen in 10
his capacity as the Premier of Queensland, for and on behalf of the 11
State of Queensland of the one part and BHPAC (then known as Utah 12
Development Company Limited), Mitsubishi, AMP, UCL, 13
Pancontinental, Bell, BHPQ (then known as Utah Queensland Coal 14
Limited "UQCL"), UB Minerals, Bowen Basin Minerals, QCT 15
Investment and QCT Mining of the other part dated 30th September, 16
1986 and by further agreement made between Theo Russell Cooper in 17
his capacity as the Premier of Queensland, for and on behalf of the 18
Government of the State of Queensland of the first part and BHPAC 19
(then known as BHP-Utah Coal Limited "BUCL"), Mitsubishi, 20
AMP, UCL, Pancontinental, BHPQ (then known as Utah Queensland 21
Coal Limited), Bowen Basin Minerals, QCT Investment and QCT 22
Mining of the second part and Bell and UB Minerals of the third part 23
dated 27 September, 1989, and by a further agreement made between 24
Wayne Keith Goss in his capacity as the Premier of Queensland, for 25
and on behalf of the State of Queensland of the one part and BHPAC 26
(then known as BHP Australia Coal Limited), Mitsubishi, AMP, 27
UCL, BHPQ (then known as Utah Queensland Coal Limited), Bowen 28
Basin Minerals, QCT Investment, QCT Mining, Pancontinental and 29
Pancontinental Coal of the other part dated 30 November 1992 and by 30
a further agreement made between Wayne Keith Goss is his capacity 31
as the Premier of Queensland, for and on behalf of the State of 32
Queensland of one part and BHPAC, Mitsubishi, AMP, UCL, 33
BHPQC, Bowen Basin Minerals, QCT Investment, QCT Mining and 34
Pancontinental Coal of the other part dated 16 May 1995 is referred to 35
as "the Agreement"; 36
8
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
B. The Agreement was authorised by the Central Queensland Coal 1
Associates Agreement Act 1968 (the "Principal Act"); 2
C. By way of universal succession Utah Development Company has 3
merged into BHPAC, a company incorporated in the State of 4
Louisiana, United States of America and then known as Utah 5
Development Company Limited with the consequence that BHPAC as 6
the successor of Utah Development Company has all the assets and 7
liabilities of Utah Development Company including its benefits and 8
obligations under the Agreement, and pursuant to the Louisiana 9
Business Corporation Law and the Companies (Queensland) Code, 10
BHPAC (then known as Utah Development Company Limited) has 11
transferred its place of incorporation to the State of Queensland. 12
D. By way of universal succession General Electric Minerals, Inc. has 13
merged into BHPQ (then known as Utah Queensland Coal Limited), a 14
company incorporated in the State of Nevada, United States of 15
America with the consequence that BHPQ as the successor of General 16
Electric Minerals, Inc. has all the assets and liabilities of General 17
Electric Minerals, Inc. including its benefits and obligations under the 18
Agreement. 19
E. By way of universal succession Bowen Basin Minerals, Inc., merged 20
into Bowen Basin Minerals, a company incorporated in the State of 21
Queensland, Australia with the consequence that Bowen Basin 22
Minerals as the successor of Bowen Basin Minerals, Inc. has all the 23
assets and liabilities of Bowen Basin Minerals, Inc. including its 24
benefits and obligations under the Agreement. 25
F. Bell and UB Minerals transferred their entire interests in the benefits 26
and obligations under the Agreement to various of the Continuing 27
Companies and Selling Companies in 1989. 28
G. The interests held by the Continuing Companies and the Selling 29
Companies in the operations carried on pursuant to the Agreement are 30
as follows:-- 31
BHPAC 35.47% 32
Mitsubishi 13.33% 33
9
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
AMP 8.61% 1
UCL 0.75% 2
Pancontinental Coal 3.00% 3
BHPQ 8.50% 4
Bowen Basin Minerals 2.56% 5
QCT Investment 12.00% 6
QCT Mining 15.78% 7
H. Pancontinental Coal wishes to transfer its 3% interest in the benefits 8
and obligations made under the Agreement (including its rights to or 9
as the holder of a 3.00% interest in any lease, licence, easement, grant 10
or other title granted to it pursuant thereto) to BHPAC, Mitsubishi and 11
to QRL which has been nominated by QCT Mining and QCT 12
Investments to take their shares of this percentage interest to be held by 13
them respectively as follows:-- 14
BHPAC 1.56475% 15
Mitsubishi 0.46403% 16
QRL 0.97122% 17
3.00000% 18
I. Bowen Basin Minerals wishes to transfer its 2.56% interest in the 19
benefits and obligations made under the Agreement (including its 20
rights to or as the holder of a 2.56% interest in any lease, licence, 21
easement, grant or other title granted to it pursuant thereto) to BHPAC, 22
Mitsubishi and to QRL which has been nominated by QCT Mining 23
and QCT Investments to take their shares of this percentage to be held 24
by them respectively as follows:-- 25
BHPAC 1.33525% 26
Mitsubishi 0.39597% 27
QRL 0.82878% 28
2.56000% 29
10
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
J. As a consequence of the transfers referred to in Recitals H and I the 1
Continuing Companies and QRL will hold all of the interests in the 2
operations carried on pursuant to the Agreement as follows:-- 3
BHPAC 38.37% 4
Mitsubishi 14.19% 5
AMP 8.61% 6
UCL 0.75% 7
BHPQ 8.50% 8
QCT Investment 12.00% 9
QCT Mining 15.78% 10
QRL 1.80% 11
K. Section 4(1) of the Principal Act, provides, inter alia, that the 12
Agreement may be varied pursuant to agreement between the Premier 13
of Queensland and the Companies (as defined in the Agreement being, 14
as at the date of this Agreement, between the Continuing Companies 15
and the Selling Companies) under the authority of any Act; 16
L. The making of this Agreement is authorised by the Parliament of the 17
State of Queensland expressed in the Act entitled the "Central 18
Queensland Coal Associates Agreement Variation Act 1996"; 19
M. In consideration of the foregoing recitals the parties hereto desire to 20
vary the Agreement in the manner hereinafter set forth. 21
NOW IT IS HEREBY AGREED as follows:-- 22
A. QCT Resources Limited ACN 010 808 705, a body corporate duly 23
constituted at law having its registered office at Level 10, 307 Queen 24
Street, Brisbane, shall be added as a party and then the term "the 25
Companies" wherever it appears in the Agreement shall be deemed to 26
refer to and include the Continuing Companies and QRL and shall 27
exclude the Selling Companies. 28
11
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
B. The Agreement shall be and is hereby varied by deleting Clauses 11 1
and 12 of Part IX and substituting the following in lieu thereof:-- 2
"11. Nothing in this Agreement contained or implied shall constitute a 3
partnership between the State and the Companies or any of them or between 4
the Companies. Any right or liability of the Companies under this 5
Agreement or any lease or licence granted pursuant to the provisions of this 6
Agreement is several and proportional to their respective interests being 7
thirty eight point three seven per centum (38.37%) as to BHP Australia 8
Coal Pty Ltd, fourteen point one nine per centum (14.19%) as to Mitsubishi 9
Development Pty Ltd, eight point six one per centum (8.61%) as to 10
Australian Mutual Provident Society, zero point seven five per centum 11
(0.75%) as to Umal Consolidated Pty Ltd, eight point five per centum 12
(8.50%) as to BHP Queensland Coal Limited, twelve per centum (12%) as 13
to QCT Investment Pty Ltd, fifteen point seven eight per centum (15.78%) 14
as to QCT Mining Pty Ltd and one point eight per centum (1.80%) as to 15
QCT Resources Limited. 16
12. The State shall grant any lease or licence pursuant to the provisions of 17
this Agreement to the Companies as tenants in common in the proportions 18
specified by the Companies in the application for any such lease or licence. 19
Provided that if any such lease or licence is granted without any application 20
therefor or if any such application does not specify the proportions then the 21
grant shall be made to the Companies in the proportions of thirty eight point 22
three seven per centum (38.37%) to BHP Australia Coal Pty Ltd, fourteen 23
point one nine per centum (14.19%) as to Mitsubishi Development Pty Ltd, 24
eight point six one per centum (8.61%) as to Australian Mutual Provident 25
Society, zero point seven five per centum (0.75%) as to Umal Consolidated 26
Pty Ltd, eight point five per centum (8.50%) as to BHP Queensland Coal 27
Limited, twelve per centum (12%) as to QCT Investment Pty Ltd, fifteen 28
point seven eight per centum (15.78%) as to QCT Mining Pty Ltd and one 29
point eight per centum (1.80%) as to QCT Resources Limited." 30
12
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
C. These presents are supplemental to the Agreement and subject only to 1
such modifications as may be necessary to make the Agreement 2
consistent with these presents the Agreement shall remain in full force 3
and effect and shall be read and construed and be enforceable as if the 4
terms of these presents were inserted in the Agreement by way of 5
addition thereto. 6
D. Upon the making of this Agreement the provisions thereof shall have 7
the force of law as though enacted in the Central Queensland Coal 8
Associates Agreement Variation Act 1996. 9
E. (1) This Agreement may be executed in two or more counterparts, one 10
by the Premier of Queensland, and one or more than one by each of 11
the Companies, together with such copies of the counterparts as the 12
parties may require. It shall become binding upon all parties hereto and 13
shall take immediate effect when, the Premier of Queensland having 14
executed a counterpart, the Premier of Queensland is notified in the 15
manner provided in paragraph (2) of this Clause that another 16
counterpart or counterparts thereof has or have been executed by the 17
Companies, notwithstanding that no exchange of counterparts has then 18
occurred. 19
(2) Notification pursuant to paragraph (1) hereof shall be made by 20
letter or by facsimile from BHPAC addressed to: 21
The Honourable the Premier of Queensland, 22
Premier's Department, 23
Executive Building, 24
100 George Street, 25
Brisbane, Queensland 4000 26
Facsimile No. 07 3221 1496 27
and shall be effective, where given by letter, on delivery to the 28
aforesaid address, or where given by facsimile, upon the date indicated 29
on the facsimile transmission report. 30
(3) Without prejudice to the full operation of the foregoing, the parties 31
agree that, as soon as practicable after this Agreement becomes 32
binding and takes effect, they will arrange for each of the counterparts 33
13
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
together with such copies of the counterparts as the parties may require 1
to be executed by all parties hereto. 2
F. Each of the Attorneys executing this Agreement hereby respectively 3
acknowledges that he has at the time of executing this Agreement no 4
notice of the revocation of the power of attorney under the authority of 5
which he executes this Agreement. 6
G. The parties to this Agreement agree that on and from the date when 7
this Agreement takes effect each of the Selling Companies will be 8
released and discharged from all those duties, obligations and liabilities 9
it has under the Agreement except to the extent of its interest 10
thereunder assigned by it to the Continuing Companies (other than 11
UCL, BHPQ, QCT Investment, QCT Mining and AMP) but not 12
otherwise. 13
IN WITNESS WHEREOF the parties hereto have executed this 14
Agreement the day and year first hereinbefore written. 15
Signed by 16
}
Premier of the State of Queensland, 17
for and behalf of the said State in the 18
presence of
Signed by 19
}
a duly constituted Attorney of BHP 20
AUSTRALIA COAL PTY LTD in 21
the presence of
Signed by 22
}
a duly constituted Attorney of 23
MITSUBISHI DEVELOPMENT 24
PTY LTD in the presence of
14
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
Signed by 1
}
a duly constituted Attorney of 2
AUSTRALIAN MUTUAL 3
PROVIDENT SOCIETY in the 4
presence of
Signed by 5
}
a duly constituted Attorney of UMAL 6
CONSOLIDATED PTY LTD in the 7
presence of
Signed by 8
}
a duly constituted Attorney of BHP 9
QUEENSLAND COAL LIMITED in 10
the presence of
Signed by 11
}
a duly constituted Attorney of QCT 12
RESOURCES LIMITED in the 13
presence of
Signed by 14
}
a duly constituted Attorney of QCT 15
INVESTMENT PTY LTD in the 16
presence of
Signed by 17
}
a duly constituted Attorney of QCT 18
MINING PTY LTD in the presence of
Signed by 19
}
a duly constituted Attorney of 20
PANCONTINENTAL COAL PTY 21
LIMITED in the presence of
15
Central Queensland Coal Associates Agreement
Variation
SCHEDULE (continued)
Signed by 1
}
a duly constituted Attorney of 2
BOWEN BASIN MINERALS 3
PROPRIETARY LIMITED in the 4
presence of
5
© State of Queensland 1996
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