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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Nickel Refinery (BHP Billiton Nickel West
Pty Ltd) (Termination of Agreements)
Agreement Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. Terms used in this Act 2
4. Ratification and operation of termination
agreement 2
5. Validation of renewal of special mineral leases 2
Schedule 1 -- Termination agreement
Schedule 2 -- Variation agreement
Defined Terms
276--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Nickel Refinery (BHP Billiton Nickel West
Pty Ltd) (Termination of Agreements)
Agreement Bill 2008
A Bill for
An Act --
· to ratify an agreement, as varied by a subsequent agreement,
between the State and BHP Billiton Nickel West Pty Ltd that
provides for the termination of an agreement made on
19 January 1968 and subsequently varied, and an agreement
made on 4 November 1970 and subsequently varied, between the
State and BHP Billiton Nickel West Pty Ltd (under its former
name, Western Mining Corporation Limited); and
· to validate the renewal of certain mineral leases.
The Parliament of Western Australia enacts as follows:
page 1
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
s. 1
1. Short title
This is the Nickel Refinery (BHP Billiton Nickel West Pty Ltd)
(Termination of Agreements) Agreement Act 2008.
2. Commencement
5 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.
3. Terms used in this Act
10 In this Act --
"scheduled agreement" means the agreement of which a copy
is set out in Schedule 1;
"termination agreement" means the scheduled agreement as
varied by the variation agreement;
15 "variation agreement" means the agreement of which a copy
is set out in Schedule 2.
4. Ratification and operation of termination agreement
(1) The termination agreement is ratified.
(2) Without limiting or otherwise affecting the application of the
20 Government Agreements Act 1979, the termination agreement
operates and takes effect despite any other enactment or other
law.
5. Validation of renewal of special mineral leases
(1) In this section --
25 "Minister for Mines" means the Minister referred to in
clause 5A of the principal agreement;
page 2
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
s. 5
"principal agreement" has the meaning "the Agreement" is
given in the Nickel Refinery (Western Mining Corporation
Limited) Agreement Act 1968 section 2;
"special mineral leases" means mineral leases 15/149, 15/150
5 and 15/151, as listed in the schedule to the scheduled
agreement.
(2) Any power exercised or purportedly exercised --
(a) by the Minister under clause 16 of the principal
agreement for the purposes of extending the period
10 within which the Minister for Mines may exercise power
under clause 5A(1)(b) of the principal agreement in
relation to the special mineral leases; or
(b) by the Minister for Mines under clause 5A(1)(b) of the
principal agreement for the purposes of granting a
15 second renewal of each of the special mineral leases for
a term that expires on 31 December 2028,
is declared to have been validly exercised for those purposes.
page 3
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
Schedule 1 -- Termination agreement
[s. 3]
2007
5
THE HONOURABLE ALAN JOHN CARPENTER
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
10
BHP BILLITON NICKEL WEST PTY LTD
ACN 004 184 598
___________________________________________________________
15
NICKEL REFINERY (WESTERN MINING CORPORATION LIMITED)
AGREEMENT 1968
NICKEL REFINERY (WESTERN MINING CORPORATION LIMITED)
20 AGREEMENT 1970
TERMINATION AGREEMENT
___________________________________________________________
25 [Solicitor's details]
page 4
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
Agreement
Date 27 November 2007
5 Parties
THE HONOURABLE ALAN JOHN CARPENTER, MLA., 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)
10
and
BHP BILLITON NICKEL WEST PTY LTD ACN 004 184 598 of 152-158
St Georges Terrace, Perth, Western Australia (the Company).
15
Recitals
A. The State and the Company are the parties to the agreement dated
19 January 1968, which agreement was approved by the Nickel Refinery
(Western Mining Corporation Limited) Agreement Act 1968, and has
20 been varied by the following agreements:
(a) the agreement dated 4 November 1970 approved by the Nickel
Refinery (Western Mining Corporation Limited) Agreement Act
Amendment Act 1970;
(b) the agreement dated 29 March 1974 approved by the Nickel
25 Refinery (Western Mining Corporation Limited) Agreement Act
Amendment Act 1974;
(c) an agreement dated 15 May 1995;
page 5
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
(d) an agreement dated 27 November 2001; and
(e) an agreement dated 7 May 2002,
and as so varied is hereinafter called "the Principal Agreement".
The agreement dated 4 November 1970 referred to in paragraph (a)
5 above has been varied by the agreements referred to in paragraphs (b),
(c), (d) and (e) above and an agreement dated 31 December 1976 and as
so varied is hereinafter called "the Supplemental Agreement".
B. The State and the Company wish to terminate the Principal Agreement
and the Supplemental Agreement in the manner and on the terms and
10 conditions set out in this Agreement.
NOW THIS AGREEMENT WITNESSES:
Definitions
1. In this Agreement subject to the context:
"Agreement Mineral Leases" means the mineral leases listed in the
15 first column of the schedule, each having a corresponding original date
of grant and current renewed term expiry date as specified in the second
and third columns, respectively, of the schedule;
"Concentrator" means nickel concentrator and associated facilities
located at Durkin Road, Kambalda, Western Australia constructed
20 pursuant to the Principal Agreement on the land comprised in mineral
leases 15/140, 15/141, 15/149, 15/150, mining leases 26/317 and 26/491
and certificate of title volume 2611 folio 582 being lot 13 on deposited
plan 48932;
"Excluded Mineral Leases" means the mineral leases defined as such
25 by, and set out in the schedule to, the Principal Agreement and known
to the parties as the St Ives mineral leases;
"EP Act" means the Environmental Protection Act 1986;
"Mining Act" means the Mining Act 1978;
"Refinery" means the nickel refinery and associated facilities located at
30 270 Patterson Road, Kwinana, Western Australia constructed pursuant
to clause 4 of the Principal Agreement on the land comprised in
page 6
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
certificate of title volume 2210 folio 520 being lot 5 on deposited plan
18088 and certificate of title volume 2210 folio 520;
"Reserve" means reserve no. 33948 being land adjacent to the Smelter
and which is reserved under Part 4 of the Land Administration Act 1997
5 for the purpose of government requirements;
"Secondly Excluded Mineral Leases" means the mineral leases
defined as such by the Principal Agreement being mineral leases
15/158, 15/159 and 15/160, each having an original date of grant of
1 January 1967 and a current renewed term expiry date of
10 31 December 2008 and known to the parties as the Long/Victor mineral
leases;
"Smelter" means the nickel smelter plant and associated facilities
located at Smelterman Road, Kalgoorlie, Western Australia constructed
pursuant to clause 6 of the Supplemental Agreement on the land
15 comprised in certificate of title volume 1670 folio 313 being lot 100 on
deposited plan 212288 and portion of Hampton Location 100 marked
ROW on certificate of title volume 1670 folio 311; and
"State Agreements" means the Principal Agreement and the
Supplemental Agreement.
20 Interpretation
2. (1) In this Agreement:
(a) clause headings do not affect interpretation or
construction;
(b) words in the singular shall include the plural and words
25 in the plural shall include the singular according to the
requirements of the context;
(c) one gender includes the other genders;
(d) reference to an Act includes the amendments to that Act
for the time being in force and also any Act passed in
30 substitution or in lieu of that Act and the regulations for
the time being in force thereunder;
page 7
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
(e) reference to any other document includes that document
as from time to time added to, varied or amended and
notwithstanding any change in the identity of the
parties;
5 (f) reference to a clause or schedule is a reference to a
clause or schedule to this Agreement, and a reference to
a subclause or paragraph is a reference to a subclause of
the or paragraph of the clause or subclause as the case
may be in, or in relation to, which the reference is
10 made; and
(g) "including" means "including, but not limited to".
(2) Nothing in this Agreement shall be construed to exempt the
State or the Company from compliance with or to require the
State or the Company to do anything contrary to any law
15 relating to native title or any lawful obligation or requirement
imposed on the State or the Company as the case may be
pursuant to any law relating to native title.
(3) Nothing in this Agreement shall be construed to exempt the
Company from compliance with any requirement in connection
20 with the protection of the environment arising out of or
incidental to their activities under this Agreement that may be
made by or under the EP Act.
Ratification and Operation
3. (1) The State shall introduce and sponsor a Bill in the Parliament of
25 Western Australia to ratify this Agreement and shall endeavour
to secure its passage as an Act prior to 30 June 2008 or such
later date as the parties may agree.
(2) The provisions of this Agreement, other than this clause and
clauses 1 and 2, shall not come into operation until the Bill
30 referred to in subclause (1) has been passed by the Parliament
of Western Australia and comes into operation as an Act.
(3) On the said Bill coming into operation as an Act ("the
Operative Date") all the provisions of this Agreement will
operate and take effect despite any enactment or other law.
page 8
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
Termination of the State Agreements
4. (1) The State Agreements (including the State's option to purchase
under clause 11(b)(iii) of the Principal Agreement) are hereby
terminated with effect on and from the Operative Date.
5 (2) Notwithstanding subclause (1):
(a) the Company shall remain liable for any antecedent
breach or default under the State Agreements; and
(b) the provisions of clauses 5B and 5C of the Principal
Agreement shall be deemed to subsist in their
10 applications to or in relation to the Excluded Mineral
Leases and to the Secondly Excluded Mineral Leases.
(3) (a) The Agreement Mineral Leases shall continue in force
only under and, except as provided in paragraph (b),
subject to the provisions of the Mining Act and, for the
15 avoidance of doubt, shall cease to have the benefit of
the rights and privileges conferred by the State
Agreements.
(b) For the period from and including the Operative Date
up to and including the anniversary of the date of grant
20 of each lease immediately subsequent to the date of this
Agreement, the holder of the Agreement Mineral
Leases shall not be required to comply with expenditure
obligations imposed by or under the Mining Act in
relation to the Agreement Mineral Leases.
25 (c) On application to the mining registrar under the Mining
Act made within 3 months after the Operative Date by
the holder of the Agreement Mineral Leases, the State
shall cause an endorsement to be made in the register
maintained under section 103F of the Mining Act for,
30 and on and in respect of, each of the Agreement
Mineral Leases that the provisions of this subclause
apply to the lease, that the date of expiry of the current
renewed term of the lease is as set out in the schedule
and that section 78(2) of the Mining Act applies to the
35 lease so that the holder may make an application under
page 9
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
that subsection for a renewal of the lease on the expiry
of the current renewed term.
(4) On and from the Operative Date, the operations of the
Concentrator, the Refinery and the Smelter shall cease to have
5 the benefit of rights and privileges conferred by the State
Agreements and, except as provided herein in relation to the
Agreement Mineral Leases upon which the Concentrator is
located, be governed by the laws from time to time in force in
Western Australia.
10 Additional land requirements for Smelter and associated operations
5. (1) Subject to this clause, the State agrees that it will not sell or
otherwise dispose of land contained within the Reserve (except
to the Company pursuant to this clause) during a period of
10 years from the Operative Date without first giving the
15 Company notice of its intention to do so.
(2) The Company may from time to time and if and when it
demonstrates to the State that it has a reasonable need therefor
for the purpose of the Smelter purchase from the State an estate
in fee simple (free from all encumbrances but subject to the
20 usual reservations for Crown land) in such part of the Reserve
as the parties may agree.
(3) If and when the State gives to the Company notice of its
intention to sell any part of the Reserve as mentioned in
subclause (1) then:
25 (a) if the Company within 14 days after the giving of the
notice satisfies the State that it has an immediate need
for the whole or any part of the land described in the
notice the State will sell to the Company and the
Company will purchase from the State an estate in fee
30 simple (unencumbered but subject to the usual
reservations for Crown land) in that part of the Reserve
which the State is satisfied the Company has an
immediate need for; or
page 10
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
(b) if the Company within 14 days after the giving of the
notice satisfies the State that it is reasonably likely that
the Company will have a reasonable need for the whole
or any part of the land mentioned in the notice within
5 the period of 5 years next ensuing the State will not
within that period sell that part of the Reserve otherwise
than to the Company and in the meantime will hold that
part subject to this clause.
(4) The purchase price of each part of the Reserve (if any) which is
10 purchased by the Company pursuant to this clause shall be at
such price and on such terms and conditions as are reasonable
and as the parties by mutual agreement shall determine and
unless otherwise required by the State such purchase price shall
be paid on vacant possession of the land being given by the
15 State to the Company.
(5) There shall be excepted and reserved to the State such part or
parts (if any) of the Reserve as are or may from time to time be
required by the State for road, rail or other public purposes and
any reference to the Reserve in this clause 5 shall be read as
20 subject to such exception and reservation.
(6) The Company acknowledges:
(a) that the State has granted interests in land contained
within the Reserve to third parties;
(b) subject to this clause, that the State may in future grant
25 interests in land contained in the Reserve to third
parties;
(c) that the Company shall not have any entitlement to
purchase any land contained in the Reserve which is
subject to an existing or future third party interest; and
30 (d) that this clause does not require the State to resume any
land comprising part of the Reserve that is the subject
of an estate or interest that has been granted prior to the
date of this Agreement or in accordance with this
clause.
page 11
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
Indemnity
6. (1) (a) For the avoidance of doubt and notwithstanding
clause 4(1) the Company will indemnify and keep
indemnified the State and its employees, agents and
5 contractors in respect of all actions, suits, claims,
demands or costs of third parties arising out of or in
connection with any work carried out by the Company
pursuant to the State Agreements or relating to its
operations under the State Agreements or arising out of
10 or in connection with the construction, maintenance or
use by the Company or its employees, agents,
contractors or assignees of the Company's works or
services the subject of the State Agreements or the
plant, apparatus or equipment installed in connection
15 with the State Agreements.
(b) The indemnity in this subclause (1) remains in force for
a period ending on the date that is 20 years from:
(i) a date to be agreed between the parties;
or
20 (ii) if the parties fail to agree a date under
paragraph (i), a date to be determined by the
State,
as being the date of cessation of all operations
(including as expanded or otherwise modified)
25 originally established under and pursuant to the State
Agreements (including the Smelter, the Concentrator
and the Refinery).
(2) (a) The Company will indemnify and keep indemnified the
State and its employees, agents and contractors in
30 respect of all actions, suits, claims, demands or costs of
third parties arising out of or in connection with any
works or activities of the Company or its employees,
agents or contractors or its assignees on and subsequent
to the Operative Date relating to operations (including
35 as expanded or otherwise modified) that were originally
established under or pursuant to the State Agreements
page 12
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
(including the Smelter, the Concentrator and the
Refinery).
(b) The indemnity in this subclause (2) remains in force for
a period ending on the same date as the indemnity in
5 subclause (1).
SCHEDULE
Agreement Mineral Leases
Mineral Lease Original Grant Date Current Expiry
Date
15/131 1/1/1967 31/12/2008
15/140 1/1/1967 31/12/2008
15/141 1/1/1967 31/12/2008
15/142 1/1/1967 31/12/2008
15/149 1/1/1966 31/12/2007
15/150 1/1/1966 31/12/2007
15/151 1/1/1966 31/12/2007
15/346 1/1/1973 31/12/2014
15/347 1/1/1973 31/12/2014
15/367 1/1/1976 31/12/2017
15/368 1/1/1976 31/12/2017
15/369 1/1/1976 31/12/2017
15/370 1/1/1976 31/12/2017
15/371 1/1/1976 31/12/2017
15/372 1/1/1976 31/12/2017
15/375 1/1/1976 31/12/2017
15/376 1/1/1976 31/12/2017
15/377 1/1/1976 31/12/2017
15/378 1/1/1976 31/12/2017
15/379 1/1/1976 31/12/2017
page 13
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
Mineral Lease Original Grant Date Current Expiry
Date
15/380 1/1/1976 31/12/2017
15/381 1/1/1976 31/12/2017
15/382 1/1/1976 31/12/2017
15/383 1/1/1976 31/12/2017
15/384 1/1/1976 31/12/2017
15/385 1/1/1976 31/12/2017
15/386 1/1/1976 31/12/2017
15/387 1/1/1976 31/12/2017
15/388 1/1/1976 31/12/2017
15/389 1/1/1976 31/12/2017
15/482 1/1/1976 31/12/2017
15/483 1/1/1976 31/12/2017
15/484 1/1/1976 31/12/2017
15/485 1/1/1976 31/12/2017
15/486 1/1/1976 31/12/2017
15/487 1/1/1976 31/12/2017
15/488 1/1/1976 31/12/2017
15/489 1/1/1976 31/12/2017
15/490 1/1/1976 31/12/2017
15/491 1/1/1976 31/12/2017
15/492 1/1/1976 31/12/2017
15/493 1/1/1976 31/12/2017
15/494 1/1/1976 31/12/2017
15/495 1/1/1976 31/12/2017
15/498 1/1/1976 31/12/2017
15/499 1/1/1976 31/12/2017
15/500 1/1/1976 31/12/2017
15/501 1/1/1976 31/12/2017
15/502 1/1/1976 31/12/2017
page 14
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Termination agreement Schedule 1
Mineral Lease Original Grant Date Current Expiry
Date
15/504 1/1/1976 31/12/2017
15/506 1/1/1976 31/12/2017
15/507 1/1/1976 31/12/2017
15/508 1/1/1976 31/12/2017
15/509 1/1/1976 31/12/2017
15/510 1/1/1976 31/12/2017
15/511 1/1/1976 31/12/2017
15/512 1/1/1976 31/12/2017
15/513 1/1/1976 31/12/2017
15/514 1/1/1976 31/12/2017
15/515 1/1/1976 31/12/2017
15/516 1/1/1976 31/12/2017
15/517 1/1/1976 31/12/2017
15/518 1/1/1976 31/12/2017
15/519 1/1/1976 31/12/2017
15/520 1/1/1976 31/12/2017
15/521 1/1/1976 31/12/2017
15/522 1/1/1977 31/12/2017
15/523 1/1/1976 31/12/2017
15/524 1/1/1976 31/12/2017
15/525 1/1/1976 31/12/2017
15/526 1/1/1976 31/12/2017
15/527 1/1/1976 31/12/2017
15/528 1/1/1976 31/12/2017
15/529 1/1/1976 31/12/2017
15/530 1/1/1976 31/12/2017
15/531 1/1/1976 31/12/2017
15/532 1/1/1976 31/12/2017
15/533 1/1/1976 31/12/2017
page 15
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 1 Termination agreement
Mineral Lease Original Grant Date Current Expiry
Date
15/534 1/1/1976 31/12/2017
15/535 1/1/1976 31/12/2017
EXECUTED as a deed.
5 SIGNED by THE HONOURABLE ) [Signature]
ALAN JOHN CARPENTER )
in the presence of: )
[Signature]
10 __________________________________
Name: RUTH YOUNG
THE COMMON SEAL of ) [C.S.]
15 BHP BILLITON NICKEL WEST )
PTY LTD ACN 004 184 598 was )
hereunto affixed in accordance with its )
constitution in the presence of: )
20 [Signature]
__________________________________
Director
Name: IAN C EDNEY
25 [Signature]
__________________________________
Director/Secretary
Name: FIONA SMITH
page 16
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Variation agreement Schedule 2
Schedule 2 -- Variation agreement
[s. 3]
2008
5 THE HONOURABLE ALAN JOHN CARPENTER
PREMIER OF THE STATE OF WESTERN AUSTRALIA
AND
10 BHP BILLITON NICKEL WEST PTY LTD
ACN 004 184 598
___________________________________________________________
15 NICKEL REFINERY (WESTERN MINING CORPORATION LIMITED)
AGREEMENT 1968
NICKEL REFINERY (WESTERN MINING CORPORATION LIMITED)
AGREEMENT 1970
20
VARIATION OF TERMINATION AGREEMENT
___________________________________________________________
25 [Solicitor's details]
page 17
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 2 Variation agreement
THIS AGREEMENT is made this 12 day of May 2008
BETWEEN
5 THE HONOURABLE ALAN JOHN CARPENTER, MLA., 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)
and
BHP BILLITON NICKEL WEST PTY LTD ACN 004 184 598 of
10 152-158 St Georges Terrace, Perth, Western Australia (the Company).
RECITALS
A. The State and the Company are the parties to the agreement
dated 27 November 2007 ("the Termination Agreement") and
15 in respect of which the State is obliged to introduce and sponsor
a Bill in the Parliament of Western Australia to ratify its terms
in accordance with clause 3(1) of the Termination Agreement.
B. Subsequent to the execution of the Termination Agreement, the
Minister for Mines as referred to in clause 5A(1)(b) of the
20 Principal Agreement granted pursuant to that clause a second
renewal of each of the terms of:
(1) mineral leases 15/149, 15/150 and 15/151 for a further
period of 21 years commencing on 1 January 2008;
and
25 (2) mineral leases 15/131, 15/140, 15/141 and 15/142 for
a further period of 21 years commencing on
1 January 2009,
(these 7 mineral leases are referred to herein as "the Renewed
Mineral Leases").
page 18
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Variation agreement Schedule 2
C. The State and the Company wish to vary the Termination
Agreement in the manner and on the terms and conditions set
out in this Agreement to clarify the application of clause 4(3) of
the Termination Agreement to the Renewed Mineral Leases.
5
NOW THIS AGREEMENT WITNESSES:
1. In this Agreement, subject to the context, words or phrases to
which meanings are given in the Termination Agreement shall
have the same respective meanings in this Agreement as are
10 given to them in the Termination Agreement.
2. The Termination Agreement is hereby varied as follows:
(1) in clause 1 by:
(a) inserting before the definition of "Agreement
Mineral Leases" the following new definition:
15 "Agreement" means this Agreement
as varied by the agreement made on
or about 6 May 2008 between the
State and the Company;
(b) inserting before the definition of "Reserve" the
20 following new definition:
"Renewed Mineral Leases" means
mineral leases 15/131, 15/140,
15/141, 15/142, 15/149, 15/150 and
15/151;
25 (2) in clause 4(3)(c) by deleting the words "date of expiry
of the current renewed term of the lease is as set out in
the schedule and" and substituting the following:
"current expiry date of the lease is as set out in the
schedule and, except in respect of the Renewed
30 Mineral Leases,"
and
page 19
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Schedule 2 Variation agreement
(3) in the schedule by:
(a) deleting "31/12/2008" as the current expiry
date for each of mineral leases 15/131, 15/140,
15/141 and 15/142 and substituting
5 "31/12/2029"; and
(b) deleting "31/12/2007" as the current expiry
date for each of mineral leases 15/149, 15/150
and 15/151 and substituting "31/12/2028".
10 EXECUTED as a deed.
SIGNED by THE HONOURABLE ) [Signature]
ALAN JOHN CARPENTER )
in the presence of: )
15
[Signature]
__________________________________
Name: BARBARA LEBER
20 THE COMMON SEAL of ) [C.S.]
BHP BILLITON NICKEL WEST )
PTY LTD ACN 004 184 598 was )
hereunto affixed in accordance with its )
constitution in the presence of: )
25
[Signature]
__________________________________
Director
Name: CHRIS CAMPBELL
30
[Signature]
__________________________________
Director/Secretary
Name: STEPHEN GEORGE HOOPER
35
page 20
Nickel Refinery (BHP Billiton Nickel West Pty Ltd) (Termination of
Agreements) Agreement Bill 2008
Defined Terms
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 Term Provision(s)
Minister for Mines .......................................................................................5(1)
principal agreement......................................................................................5(1)
scheduled agreement ........................................................................................ 3
special mineral leases...................................................................................5(1)
termination agreement...................................................................................... 3
variation agreement.......................................................................................... 3
page 21
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