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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Diamond (Argyle Diamond Mines Joint
Venture) Agreement Amendment Bill 2001
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 2 amended 2
5. Part II heading amended 3
6. Section 3A replaced and section 3B inserted 3
7. Schedule 4 inserted 3
page i
71--1
Western Australia
LEGISLATIVE ASSEMBLY
Diamond (Argyle Diamond Mines Joint
Venture) Agreement Amendment Bill 2001
A Bill for
An Act to amend the Diamond (Argyle Diamond Mines Joint Venture)
Agreement Act 1981.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Diamond (Argyle Diamond Mines
Joint Venture) Agreement Amendment Act 2001.
page 1
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 2
2. Commencement
This Act comes into operation on the 28th day after the day on
which it receives the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Diamond (Argyle
Diamond Mines Joint Venture) Agreement Act 1981*.
[* Act No. 108 of 1981.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 118.]
10 4. Section 2 amended
Section 2 is amended as follows:
(a) by deleting the definitions of "Schedule", "section" and
"subsection";
(b) by inserting after the definition of "the Company" the
15 following definition --
"
"the first supplementary agreement" means the
agreement a copy of which is set out in
Schedule 3;
20 ";
(c) by deleting the definition of "the Supplementary
Agreement" and inserting the following definition
instead --
"
25 "the second supplementary agreement" means the
agreement a copy of which is set out in
Schedule 4.
".
page 2
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 5.
5. Part II heading amended
The heading to Part II is amended by inserting after
"AGREEMENT" --
" AND SUPPLEMENTARY AGREEMENTS ".
5 6. Section 3A replaced and section 3B inserted
Section 3A is repealed and the following sections are inserted
instead --
"
3A. First supplementary agreement
10 The first supplementary agreement is approved and
ratified.
3B. Second supplementary agreement
The second supplementary agreement is approved and
ratified.
15 ".
7. Schedule 4 inserted
After Schedule 3 the following Schedule is inserted --
"
Schedule 4
20 [s. 2]
THIS AGREEMENT is made the 15th day of October 2001
BETWEEN
THE HONOURABLE GEOFFREY IAN GALLOP BEc, MA,
MPhi1, DPhi1, MLA, Premier of the State of Western Australia,
25 acting for and on behalf of the said State and its instrumentalities from
time to time (hereinafter called "the State") of the one part
AND
page 3
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
CAPRICORN DIAMONDS LIMITED ACN 009 102 621,
ASHTON ARGYLE HOLDINGS PTY LIMITED
ACN 083 175 991 and AML NOMINEES LIMITED
ACN 006 378 329 each of 2 Kings Park Road, West Perth, Western
5 Australia (hereinafter called "the Joint Venturers") of the other
part
WHEREAS:
(a) the State and the Joint Venturers are now the parties to the
agreement ratified by the Diamond (Argyle Diamond Mines
10 Joint Venture) Agreement Act 1981 which agreement has been
varied by the agreement ratified by the Diamond (Ashton Joint
Venture) Agreement Amendment Act 1983 and which (as so
varied) is hereinafter called "the Principal Agreement";
(b) pursuant to Clause 18 of the Principal Agreement Mining Lease
15 No. 275SA (hereinafter called "the Ellendale Mining Lease")
has been granted in respect of the area defined in the Principal
Agreement as the Ellendale mining area; and
(c) the Joint Venturers desire to sell the Ellendale Mining Lease
and for such purpose the parties hereto desire to further vary the
20 Principal Agreement and the Ellendale Mining Lease as
provided herein.
NOW THIS AGREEMENT WITNESSES --
1. Subject to the context words and phrases used in this
Agreement have the same meanings respectively as they have in
25 and for the purpose of the Principal Agreement.
2. The State shall 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 30 June 2002 or such later
date as the parties hereto may agree.
30 3. (1) The provisions of this Agreement other than this Clause
and Clauses 1 and 2 shall not commence to operate until
the Bill referred to in Clause 2 has been passed by the
Parliament of Western Australia and comes into
operation as an Act.
page 4
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
(2) If before 30 June 2002 or such later date as may be
agreed pursuant to Clause 2 the said Bill has not come
into operation as an Act then unless the parties hereto
otherwise agree this Agreement shall cease and determine
5 and no party hereto shall 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) On the said Bill coming into operation as an Act all
10 provisions of this Agreement shall operate and take effect
notwithstanding the provisions of any Act or law.
4. In clauses 5 and 6 of this Agreement, "Sale Date" means the
date on which the Ellendale Mining Lease is transferred by the
Joint Venturers to -
15 (a) Kimberley Diamond Company NL (ACN 061 899 634)
pursuant to the Asset Sale Agreement dated
5 September 2001 and made between Argyle Diamond
Mines Pty Limited (ACN 008 912 418) as manager for
the Argyle Diamond Mines Joint Venture, the Joint
20 Venturers and the said Kimberley Diamond Company
NL;
(b) any other party that the Minister responsible for the
administration of the Principal Agreement shall consent
to.
25 5. Subject to Clause 6 of this Agreement, the Principal Agreement
and the Ellendale Mining Lease are respectively varied with
effect on and from the Sale Date as follows --
(A) The Principal Agreement:
(1) Clause 1 --
30 (a) by deleting the definition of "Ellendale
mining area";
(b) in the definition of "mining leases" --
(i) by amending the definition to be a
definition of "mining lease";
page 5
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
(ii) by deleting "or mining leases"; and
(iii) by deleting "Clauses 15 and 18" and
substituting the following --
"Clause 15";
5 (c) in the definition of "ore", by deleting
"leases" and substituting the following --
"lease";
(d) in the definition of "relevant town" --
(i) by deleting "and the Ellendale mining
10 area respectively"; and
(ii) by deleting "in either case".
(2) by deleting Clause 9.
(3) by deleting Clause 18.
(4) by deleting Clause 19.
15 (5) Clause 20 --
by deleting "or the Ellendale mining area".
(6) Clause 21 --
(i) by deleting subclause (2);
(ii) in subclause (3), by deleting "subclauses (1)
20 and (2)" and substituting the following --
"subclause (1)".
(7) by deleting Clause 23.
(8) Clause 24A --
(i) by deleting "and the Ellendale mining area
25 respectively"; and
(ii) by deleting "relevant" in both cases where it
occurs in paragraph (a).
page 6
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
(9) Clause 32 --
by deleting "leases" and substituting the
following --
"lease".
5 (10) Clause 37(1)(a) --
by deleting "leases" and substituting the
following --
"lease".
(11) Clause 37(2) --
10 by deleting "leases" and substituting the
following --
"lease".
(12) Clause 37(3)(a)
by deleting "leases" and substituting the
15 following --
"lease".
(13) Clause 41(1)(a)(i) --
by deleting "leases" and substituting the
following --
20 "lease".
(14) Clause 42 --
in subclauses (1)(a) and (2), by deleting "leases"
and substituting the following --
"lease".
page 7
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
(B) The Ellendale Mining Lease:
(1) in the heading, by deleting the following --
"Diamond (Ashton Joint Venture) Agreement
Act 1981".
5 (2) in the body of the lease --
(i) by deleting "(except as otherwise provided
by the Agreement described in the Second
Schedule to this lease)".
(ii) by deleting "subject to the Agreement".
10 (iii) by deleting "except as otherwise provided
by the Agreement".
(iv) by deleting "for the time being and from
time to time" and substituting the
following --
15 "and royalties for the time being and
from time to time respectively".
(v) by deleting "and the royalties as provided in
the Agreement with the right during the
currency of the Agreement and in
20 accordance with the provisions of the
Agreement to take successive renewals of
the term each for a further period of 21 years
upon the same terms and conditions subject
to the sooner determination of the said term
25 upon cessation or determination of the
Agreement PROVIDED ALWAYS that this
lease and any renewal thereof shall not be
determined or forfeited otherwise than in
accordance with the Agreement.".
30 (3) by deleting the Second Schedule.
page 8
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
(4) by inserting at the end of the Third Schedule the
following --
"The boundary of the land being identical to the external boundaries
of the following former contiguous surveyed mineral claims:
04/2230 04/2277 04/2308 04/2731 04/10420 04/10439
04/2231 04/2278 04/2309 04/2732 04/10421 04/10440
04/2232 04/2279 04/2310 04/2733 04/10422 04/10441
04/2233 04/2283 04/2311 04/2736 04/10423 04/10442
04/2234 04/2284 04/2419 04/5270 04/10424 04/10443
04/2235 04/2285 04/2420 04/9016 04/10425 04/10444
04/2236 04/2286 04/2421 04/9022 04/10426 04/10445
04/2238 04/2287 04/2470 04/9023 04/10427 04/10446
04/2239 04/2289 04/2471 04/9024 04/10428 04/10447
04/2240 04/2290 04/2472 04/9025 04/10429 04/10448
04/2241 04/2291 04/2474 049028 04/10430 04/10449
04/2242 04/2292 04/2475 04/9029 04/10431 04/10450
04/2243 04/2293 04/2476 04/9030 04/10432 04/10451
04/2244 04/2302 04/2477 04/9031 04/10433 04/10452
04/2246 04/2303 04/2480 04/10415 04/10434 04/10456
04/2247 04/2304 04/2481 04/10416 04/10435 04/10457
04/2249 04/2305 04/2582 04/10417 04/10436 04/10458
04/2250 04/2306 04/2583 04/10418 04/10437 04/10735
04/2269 04/2307 04/2584 04/10419 04/10438 04/10736.".
5 (5) by deleting Conditions 8 and 9 of the Schedule of
Conditions attached to the lease.
page 9
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
6. From and including the Sale Date the Ellendale Mining Lease
(as amended by this Agreement) shall continue in force and
effect under and subject to the Mining Act 1978
(notwithstanding the provisions of section 73 of that Act
5 restricting the area of land in respect of which a mining lease
may be granted) and the provisions of the Principal Agreement
shall no longer apply to the Ellendale Mining Lease which shall
thenceforth be assigned to the West Kimberley Mineral Field
and be designated Mining Lease 04/372 on the tenement
10 register maintained under the Mining Act 1978 in lieu of the
designation Mining Lease No. 275SA.
7. If the transfer of the Ellendale Mining Lease referred to in
Clause 4 of this Agreement is not effected by
31 December 2002 or such later date as the parties hereto may
15 agree, this Agreement shall on that date cease and thenceforth
have no effect.
IN WITNESS WHEREOF this Agreement has been executed by
the parties as a Deed.
SIGNED by THE HONOURABLE )
20 GEOFFREY IAN GALLOP in the ) Geoff Gallop
presence of: )
C M Brown
Minister for State Development
THE COMMON SEAL of )
25 CAPRICORN DIAMONDS LIMITED ) C.S.
is affixed to this document in the presence of: )
Director T J Appleby
Secretary/Director Francis T Hoare
THE COMMON SEAL of )
30 ASHTON ARGYLE HOLDINGS PTY ) C.S.
LIMITED is affixed to this document: )
in the presence of: )
Director T J Appleby
Secretary/Director Francis T Hoare
page 10
Diamond (Argyle Diamond Mines Joint Venture) Agreement Amendment
Bill 2001
s. 7
THE COMMON SEAL of )
AML NOMINEES LIMITED ) C.S.
is affixed to this document: )
in the presence of: )
5 Director E W J Tyler
Secretary/Director T J Appleby
".
page 11
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