Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 2]
AN AGREEMENT under seal made the 27th day of July One thousand nine hundred
and sixty-six BETWEEN THE HONOURABLE DAVID BRAND M.L.A. Premier and Treasurer
of the State of Western Australia acting for and on behalf of the said State
and its instrumentalities (hereinafter referred to as “the State”)
of the one part AND LESLIE SALT CO. a company incorporated under the
provisions of the statutes of the State of Delaware United States of America
and having its registered office in the State of Western Australia at Port
Hedland (hereinafter called “the Company” which term shall include
the successors and assigns of the Company including where the context so
admits the assignees and appointees of the Company under clause 21
hereof) of the other part.
WHEREAS the parties hereto desire to enter into this Agreement with the
objects of the establishment and carrying on at and in the vicinity of Port
Hedland of a solar salt industry and such other allied mining and ancillary
industries as may conveniently be carried on in conjunction with a solar salt
industry and such other industries as may be approved by the Minister and
doing all acts matters and things to attain and to facilitate the
abovementioned object.
NOW THIS AGREEMENT WITNESSETH and the parties hereto COVENANT AND AGREE with
one another as follows: —
Definitions 3
1. In this Agreement subject to the
context —
“associated company”
means —
(a) any
company notified in writing by the Company to the Minister and which is
incorporated in the United Kingdom the United States of America or any State
or Territory of the Commonwealth of Australia and which is:
(i)
a subsidiary of the Company within the meaning of
section 6 of the Companies Act 1961 ; or
(ii)
a company in which the Company holds not less than thirty
per cent. (30%) of the issued ordinary share capital; or
(b) any
company approved in writing by the Minister for the purposes of this Agreement
which is associated directly or indirectly with the Company in its business or
operations hereunder;
“Director of Engineering” means the
Director of Engineering for the time being in the Public Works Department of
the State of Western Australia or the officer for the time being discharging
the duties of that office;
“Harbour Authority” means the
Department of the Government of the said State or other authority (statutory
or otherwise) having the control of the harbour at Port Hedland;
“Minister” means the Minister of the
Crown to whose administration the ratifying Act is for the time being
committed and otherwise the Minister for Industrial Development;
“loading time” means the period from
the time a ship berths at the wharf until the time the ship leaves the wharf
face;
“month” means calendar month;
“notice” means notice in writing;
“person” or “persons”
includes bodies corporate;
“production site” means the land at or
in the vicinity of Port Hedland in the said State comprising approximately
48,000 acres or thereabouts delineated and edged in blue and shown on the plan
marked “A” and initialled by or on behalf of the parties hereto
for the purposes of identification other than the public roads shown on such
plan and such other land as the parties may agree upon from time to time;
“quarter” means each of the periods of
three months expiring on the respective last days of March June September and
December in each year;
“ratifying Act” means the Act referred
to in subclause (1) of clause 2 hereof;
“said State” means the State of
Western Australia;
“shipped” includes removal from the
work sites by ship or any other means;
“stockpile area” means the land at
Port Hedland in the said State delineated and edged in red and subject to
survey shown on the plan marked “B” and initialled by or on behalf
of the parties hereto for the purposes of identification and such other land
as the parties hereto may agree upon from time to time;
“this Agreement” “hereof
” and “hereunder” include this Agreement as from time to
time added to varied or amended;
“ton” means a ton of two thousand two
hundred and forty (2240) lbs. net dry weight;
“wharf” means the wharf to be
constructed east of the Government jetty in the port of Port Hedland;
“work sites” includes the production
site stockpile area and the land comprised in or the subject of any lease
license or easement granted or given hereunder other than any grant or lease
under clause 10 hereof;
“year” means a year commencing on the
1st day of July;
reference in this Agreement to an Act shall
include the amendments to such Act for the time being in force and also any
Act passed in substitution therefor or in lieu thereof and the regulations for
the time being in force thereunder;
marginal notes shall not affect the interpretation
or the construction of this Agreement 3 .
Ratifying Act 3
2. (1) The State shall
introduce and sponsor a Bill in the Parliament of Western Australia to ratify
this Agreement before the 31st day of October, 1966, or such later day (if
any) as the parties hereto may agree upon. If the Bill is not so passed as an
Act before the 30th day of November, 1966 (or such later day (if any) as the
parties hereto may agree upon) this Agreement shall be of no force or effect
and neither of the parties hereto shall have any claim against the other of
them with respect to any matter or thing arising out of done performed or
omitted to be done or performed under this Agreement.
(2) If the Bill to
ratify this Agreement is passed as an Act before the 30th day of November,
1966 (or such later day as aforesaid) the following provisions of this clause
shall notwithstanding the provisions of any Act or law thereupon operate and
take effect namely: —
(a) the
provisions of clauses 3 and 4, subclause (1) of clause 5,
clause 6, clauses 10, 11, 12, 13, 15 and 16, subparagraph (i)
of paragraph (b) and paragraph (c) of clause 18,
subclause (2) of clause 20, and clauses 23 and 24 shall take
effect as though the same had been brought into force and had been enacted by
the ratifying Act;
(b)
subject to paragraph (a) of this subclause the State and the Minister
respectively shall have all the powers discretions and authorities necessary
or requisite to enable them to carry out and perform the powers discretions
authorities and obligations conferred or imposed upon them respectively
hereunder;
(c) the
State may by agreement acquire or compulsorily take or resume as for a public
work within the meaning of the Public Works Act 1902 , any land or any
estate or interest in land which in the opinion of the State is reasonably
required for the objects of this Agreement and may thereafter dispose or deal
with the same in accordance with or for the purposes of this Agreement apart
from the provisions of that Act or any other Act AND when any land is to be so
compulsorily taken or resumed under the powers conferred by this paragraph the
provisions of subsections (2) to (7) inclusive of section 17 and
section 17A of the Public Works Act 1902 , shall not apply to or in
respect of the land or to the taking or in any other manner whatsoever;
(d) all
land the subject of any lease hereunder shall for the purposes of the Mining
Act 1904 , be deemed to be “Private Land” as defined by
section 136 of that Act;
(e) with
effect from the day the ratifying Act is passed all those portions of the
roads as at that day lie within the production site shall be closed and all
rights of way over those portions of the roads so closed shall cease and all
those portions of the roads so closed shall revest in Her Majesty as of her
former estate.
Production Site 3
3. As soon as conveniently may be after the coming
into operation of the ratifying Act the State shall on the written application
of the Company cause the production site or so much of it as the Company in
that application specifies to be leased to the Company under either the
provisions of the Land Act 1933 , or the Mining Act 1904 , as the
Company requests and the relevant Act shall, notwithstanding any of the
provisions thereof, be deemed to be so amended varied and modified as to
enable the lease to be granted on the following terms and conditions
namely: —
(a) for
a term of thirty-one (31) years commencing from a day to be agreed upon by the
parties hereto;
(b) at a
rental computed at the rate of $4 per one hundred (100) acres per annum;
(c)
subject to the payment by the Company of the royalties hereinafter mentioned
and to the due and punctual performance by the Company of its obligations
hereunder;
(d)
subject to the condition that the Company shall be entitled (provided the
right of re-entry contained in the lease and the renewal thereof (as the case
may be) has not been exercised) to the option —
(i)
to renew the lease for a further term of twenty-one (21)
years and on the expiry thereof;
(ii)
to further renew the lease for a further term of eleven
(11) years;
on the same terms and
conditions as are contained in paragraphs (b), (c), (e), (g), (h) and (i)
of this subclause; and
(e)
subject to the condition that the Company will permit the public access to and
from —
(i)
the tidal inlets between Cooke Point and six (6) miles
east thereof for fishing and recreational purposes; and
(ii)
the high ground at the north end of and partially
enclosed by the crystallisers of the Company;
provided that such
access does not unduly interfere with the works of the Company or its
operations hereunder;
(f) that
the cost of any survey required by the State be paid by the Company;
(g) that
the Company shall provide crossing places for persons vehicles and stock at
such places across the channels shown on Plan “A” as may be agreed
from time to time between the parties hereto;
(h)
subject to the reservations required in Crown Leases pursuant to the Petroleum
Act 1936 ; and
(i)
otherwise on such terms and conditions as are reasonably
required to give effect to the provisions and objects of this Agreement.
Stockpile Area 3
4. (1) As soon as
conveniently may be after the coming into operation of the ratifying Act the
State shall cause the stockpile area to be reclaimed so
that —
(a) the
elevation of the surface thereof is nowhere less than 23 feet above Admiralty
Chart datum; and
(b) the
stockpile area has a peripheral levee of not less than 28 feet above Admiralty
Chart datum of a design to be mutually agreed upon.
(2) Upon the
completion of the reclamation of the stockpile area the State shall
cause: —
(a) a
calculation to be made of the actual cost to the State of the reclamation of
the stockpile area in accordance with the specifications referred to in
paragraphs (a) and (b) of sub-clause (1) of this clause;
(b) the
stockpile area to be leased to the Company on the following terms and
conditions: —
(i)
for a term co-terminous with the term (including
renewals) of the lease of the production site;
(ii)
the annual rental for the period of the lease shall be
the greater of: —
(A) The annual sum required to amortise the
costs and expenses of reclamation calculated in accordance with
paragraph (a) of this subclause or at the rate of sixteen thousand
dollars ($16,000) per acre of the area of the stockpile area (whichever is the
lesser) together with interest thereon computed at the rate of 5¼ per
centum per annum over the period of the lease apart from the period of any
renewal thereof, or
(B) Eight thousand dollars ($8,000) per
annum;
the first payment to
be made on the first anniversary of the date of the commencement of the lease.
(iii)
The annual rental during the period of any renewal shall
be the greater of —
(A) the aggregate sum of one (1) cent per
ton of all salt produced at the production site and shipped in the relevant
year, or
(B) Eight thousand dollars ($8,000) per
annum;
(iv)
the due and punctual performance by the Company of its
obligations hereunder;
(v)
the maintenance by the Company to the satisfaction of the
Minister for the peripheral levee referred to in paragraph (b) of
subclause (1) of this clause;
(vi)
the provision of ingress to and egress from the stockpile
area for trucks which are carrying salt to the stockpile area;
(vii)
the grant in favour of the Company of an easement or
license in respect of so much of the land along the southern boundary of the
general storage area (which area is delineated and hatched in blue on the plan
marked “B”) as is reasonably required by the
Company —
(A) to enable the Company to erect a
conveyor to convey the salt from the stockpile area to the wharf; and
(B) for the purpose of the servants workmen
agents and contractors of the Company entering upon the land the subject of
the easement or license to enable them to construct use and maintain that
conveyor at all times;
(viii)
that the cost of any survey required by the State be paid
by the Company;
(ix)
subject to the reservations required in Crown Leases
pursuant to the Petroleum Act 1936 ; and
(x)
otherwise on such terms and conditions as are reasonably
required to give effect to the provisions and objects of this Agreement.
State’s Obligations 3
5. (1) The State
shall:
Design of wharf 3
(a)
subject to the provisions of clause 29 hereof and notwithstanding the
Bill referred to in clause 2 has not been introduced at the request of
the Company proceed with the design and specifications of the wharf in such
manner as may be mutually agreed upon by the parties hereto;
Construction of wharf 3
(b)
construct or cause to be constructed the wharf to be not less than six hundred
(600) feet in length and mooring dolphins in such position as to provide a
berth of a total length of not less than nine hundred and fifty (950) feet AND
construct or cause to be constructed the wharf sufficiently wide to permit the
installation thereon of such travelling bulk loading facilities as will enable
ships berthed thereat to be loaded with salt at the rate of three thousand
(3,000) tons per hour AND complete the construction of the wharf and dredge
the berth and the seabed as provided in paragraph (c) of this subclause
to such a stage that both the wharf and the berth are usable for the export of
salt from the stockpile area within twentyeight (28) months from the request
of the Company to proceed with the design of the wharf as provided in
paragraph (a) of this subclause or within twentyfour (24) months of the
date the Company requests the State to proceed with the construction of the
wharf whichever is the later.
Dredging 3
(c)
dredge the berth at the wharf to a depth of not less than forty (40) feet
below Admiralty Chart datum and to a width of two hundred (200) feet and to a
length of nine hundred and fifty (950) feet and dredge the seabed between that
berth and the periphery of the turning basin (which is dredged or is to be
dredged in accordance with the proposals as finally approved pursuant to the
Agreement scheduled to Act No. 97 of 1964 of the Parliament of the said
State) to —
(i)
the same depth to which that turning basin is dredged at
the date the wharf is completed,
or
(ii)
nineteen (19) feet below Admiralty Chart datum,
whichever is the
deeper and thereafter from time to time during the continuance of this
Agreement dredge the berth and seabed so as to maintain such original
respective depths;
Loading facilities — License 3
(d) upon
request by the Company cause the Company to be granted a license to use the
wharf for the construction of such travelling bulk loading facilities for the
Company’s exclusive use as are reasonably required by the Company
therefor and shall not acquire (unless by purchase) any property in the
travelling bulk loading facilities by reason of being affixed to the wharf and
the State shall permit the Company to remove the same;
Priority to ships loading salt 3
(e)
provided that the company complies strictly with the provisions of
paragraph (c) of subclause (2) of this clause and at all times uses
methods and facilities reasonably expeditious by world standards for the
loading of salt all ships requiring the berth at the wharf for the purpose of
loading salt produced from the production site shall be entitled at all times
to the use of the wharf in priority to all other ships including ships owned
or chartered by the State provided that if in any year the aggregate loading
time of ships loading salt at the wharf exceeds two thousand four hundred
(2,400) hours then the Company shall not thereafter for that year be entitled
to any priority hereunder;
Flood protection 3
(f)
grant permission for the company to construct a flood protection levee in
accordance with plans and specifications first approved by the Minister at or
approximately at and across the northern end of the strip of land between the
Company’s crystallisers;
By-laws 3
(g) at
the request of the Company recommend the Governor in Executive Council to make
alter and repeal by-laws for the purpose of —
(i)
making any ship liable to pay to the Company any loss
sustained or incurred by the Company by reason of the failure of the master
charterers or owners of that ship to give the priority provided by
paragraph (e) of subclause (1) of this clause save and except where that
failure was due to Act of God or circumstances beyond the control of the
master charterers or owners of the ship or the exercise of the ordinary and
necessary authority of the Port Authority or Harbour Master with respect to
the directions and control of that ship;
(ii)
enabling the Company to operate trains for the carriage
of salt upon the railway constructed on the land the subject of any lease or
license granted under subclause (3) of Clause 11 hereof;
(iii)
suspending the public right of way over that portion of a
public road where it crosses the Company’s railway whenever any engine
wagon or van is approaching and within a distance of a quarter of a mile from
that crossing and at all other times limiting the public right of crossing the
line of the Company’s railway unless done with all convenient speed, and
without stopping or continuing thereon.
Company’s obligations 3
(2) The Company shall:
Costs of the design of the wharf 3
(a) at
all reasonable times at the request of the State whilst the wharf is being
designed and the specifications being drawn make available on the
Company’s behalf a person for consultation with the officers servants or
agents of the State in respect of the design of the wharf or of the
specifications therefor;
Travelling bulk loading facilities 3
(b)
construct the travelling bulk loading facilities referred to in
paragraph (b) of subclause (1) of this clause (initially with a
capacity of not less than fifteen hundred (1,500) tons per hour) to the
satisfaction of the State in accordance with the plans and specifications
therefor approved by the State and in particular in such manner that the
loading or unloading of cargoes for other persons who may from time to time
require the use of the wharf shall not be unduly restricted whilst salt is not
being loaded at the wharf AND the Company shall in the event of it removing
the whole or any part of the travelling bulk loading facilities restore to the
satisfaction of the State that part of the wharf used or occupied by the
travelling bulk loading facilities or to which the same was affixed;
Notice to ensure priority to ships loading salt 3
(c) at
all times and from time to time —
(i)
give reasonable notice to the Harbour Authority of the
periods respectively required at the wharf by ships engaged in transporting
salt produced at the production site;
(ii)
give not less than eight (8) days notice to the Harbour
Authority of the respective dates and times a ship is expected to arrive at
and depart from the wharf;
(iii)
give immediate notice to the Harbour Authority of any
change in the date or time referred to in paragraph (ii) of this
subclause.
Charges 3
(d) pay
to the State in respect of the use by ships berthing at the wharf to load salt
an annual charge of sixty thousand dollars ($60,000) for each of the twenty
(20) years next following the day of completion of the wharf and which
payments will be made on the relevant anniversaries of the day of completion
of the wharf the first of which shall be paid by the Company on the first
anniversary of the day of completion of the wharf.
Day of completion of wharf 3
(3) It is agreed by
and between the parties hereto that the wharf shall be deemed to be completed
upon the day stated in the notice given by the Director of Engineering to the
Company certifying that the wharf and the dredging referred to in
paragraphs (b) and (c) respectively of subclause (1) of this clause are
completed and the date so stated shall be conclusive evidence between the
parties hereto of the completion of the wharf on that day.
The day so stated in that notice is herein
referred to as the “day of completion of the wharf”.
License to pump salt 3
6. Upon the written request of the Company for the
grant of a license to permit the Company to pump salt in the form of slurry to
the stockpile area from the washing and stacking area adjacent to the
crystallisers the State will at the cost of the Company cause the route to be
surveyed which the State (after consultation with the officers of the Company)
considers most practicable and convenient for the purpose of so pumping that
salt without prejudicing or interfering with the use of public roads in the
area the route traverses and will as soon as practicable after the completion
of that survey cause a license over the surveyed route to be granted to the
Company on such terms and conditions as are reasonably required to give effect
to the objects and provisions of this Agreement.
The license will be enjoyed by the Company for so
long as the Company is the lessee of both the production site and stockpile
area for the purposes of the Company —
(a)
entering (by its servants agents and contractors) upon the surveyed
route —
(i)
to lay all such necessary pipes and construct all such
necessary apparatus as will enable the Company to pump the salt in form of
slurry from the washing and stacking area to the stockpile area;
(ii)
to renew from time to time and at all times to maintain
those pipes in good order and condition and doing all acts and things
incidental to all or any of the said purposes, and
(b)
using those pipes for the passage of salt in the form of slurry.
Company’s obligations 3
7. Provided that the Company has given the notice
to the State referred to in clause 29 hereof —
(a) the
Company will not later than the 30th day of June, 1967 commence to construct
and thereafter will diligently proceed with the construction and establishment
on the work sites of a solar salt plant at a total estimated cost of
$7,000,000. Such plant shall be designed to produce one million tons of salt
per annum and shall initially be capable of producing and loading into the
holds of ships at the wharf not less than 475,000 tons of salt per annum. The
construction and establishment of the plant on the work sites and the
provision of necessary ancillary works, buildings, plant, equipment and
services for the production of salt and for the loading of salt into ships at
the wharf with a capacity of 475,000 tons per annum shall be completed by the
30th day of June, 1972;
(b) the
Company undertakes that it will progressively increase the capacity of the
solar salt plant until the plant shall be capable of producing not less than
one million tons of salt per annum and that the construction and establishment
of the plant and necessary ancillary works, buildings, plant, equipment and
services with a capacity of one million tons of salt per annum shall be
completed by the 30th day of June, 1975;
(c) The
Company undertakes initially to install on the wharf bulk loading facilities
which will enable ships berthed thereat to be loaded with salt at the rate of
not less than One thousand five hundred (1,500) tons per hour.
Royalty 3
8. (1) Throughout the
continuance of this Agreement the Company shall pay to the State a royalty on
all salt produced at the work sites and shipped computed as set out
hereunder: —
Rate per ton
|
On the first 500,000 tons in any year ........................... |
5 cents |
|
On the second 500,000 tons in any year ....................... |
6.25 cents |
|
On all tonnages in excess of 1,000,000 tons in any year
........................................................................ |
|
Tonnages shall be ascertained at Port Hedland in such manner as the parties
hereto may from time to time agree upon.
Returns 3
(2) Within the
fourteen (14) days next following each quarter (commencing with the quarter
next following the first shipment of salt produced at the work sites), the
Company shall furnish to the Minister a return showing the quantity of all
salt produced at the work sites and shipped in that quarter and shall not
later than one month next following that quarter pay to the State the royalty
payable in respect of the salt produced and shipped in that quarter.
Wharfage 3
(3) Throughout the
continuance of this Agreement the company shall pay to the State on the salt
which is loaded into ships at the wharf the wharfage charges set out
hereunder: —
Rate per ton
|
On the first 500,000 tons in any year ......................... |
12.5 cents |
|
On the second 500,000 tons in any year .................... |
7.5 cents |
|
On all tonnages in excess of 1,000,000 tons in any year
..................................................................... |
|
A fair and reasonable reduction will be made in the above wharfage charges if
under any agreement with the State a company has agreed to contribute (either
directly or indirectly) to the cost of the wharf or dredging referred to in
paragraph (c) of subclause (1) of clause 5 or to make any
contribution towards the maintenance thereof or either of such works.
Other charges 3
(4) Subject to the
provisions of subclause (1) of clause 20 hereof the State may make
or cause to be made against vessels using the wharf the usual charges from
time to time prevailing in respect of services rendered to vessels by the
State or any agency instrumentality or local or other authority of the State
and may charge vessels using the wharf such conservancy and pilotage charge or
dues as are payable from time to time pursuant to the provisions of any Act
and 40 per cent. of any berthage charge payable under any Act.
Inspection of Records 3
(5) Throughout the
continuance of this Agreement the Company shall permit a nominee of the
Minister to inspect at all reasonable times the books of account and records
of the Company relative to the production of salt on the work sites and any
sale or shipment thereof and to take copies or extracts therefrom so far as is
necessary for the purpose of determining the revenue payable in respect of
salt shipped or sold hereunder. The Company will take reasonable steps to
satisfy the State either by the certificate of a competent independent party
acceptable to the State or otherwise to the Minister’s reasonable
satisfaction as to all relevant weights and will give due regard to any
objection or representation made by the Minister or his nominee as to any
particular weight of that salt which may affect the amount of royalty payable
hereunder.
Escalation 3
9. (1) Notwithstanding
anything herein contained it is hereby agreed by and between the parties
hereto in order to provide for the equitable performance of this contract in
the event of the price of salt (as hereinafter defined) on the
14th, 21st, 28th, 35th, 42nd, 49th and 56th anniversaries of the
commencement date (being the day of the commencement of the term of the lease
of the production site) exceeding the price of salt on the 7th anniversary day
of the commencement date, then the percentage by which the price of salt on
the relevant anniversary day exceeds the price of salt on the 7th anniversary
day of the commencement date shall be calculated and the several amounts
mentioned herein and payable by the Company to the State as —
(a)
rental under paragraph (b) of clause 3;
(b)
rental under subparagraph (iii) of paragraph (b) of
subclause (2) of clause 4;
(c)
royalty under subclause (1) of clause 8; and
(d)
wharfage charges under subclause (3) of clause 8;
shall be increased by the percentage so calculated and such increased amounts
in respect of those items shall be payable by the Company to the State during
the seven (7) years next following the relevant anniversary day.
(2) For the purposes
of this clause the price of salt on the 7th anniversary day of the
commencement date and on each of the aforesaid anniversary days means the
average price of salt shipped from the production site during the previous
year payable by the purchaser or purchasers thereof to the Company less all
export duties taxes and fees payable to the Commonwealth on the export of salt
and the costs and expenses properly incurred and payable by the Company from
the time the salt is shipped to the time the salt is delivered to and accepted
by the purchaser or purchasers including —
(a)
ocean freight;
(b)
marine insurance;
(c) port
and handling charges at the port of discharge;
(d) all
costs properly incurred in delivering the salt from the port of discharge to
the purchaser as evidenced by relevant invoices;
(e) all
weighing, sampling, analysis, inspection and representation costs;
(f) all
shipping agency charges after shipment; and
(g) all
import taxes imposed or levied by the country or the port of discharge.
(3) Throughout the
continuance of this Agreement the Company shall use its best endeavours to
obtain for the salt produced at the production site the best price possible
having regard to market conditions from time to time prevailing.
Housing 3
10. (1) Subject to the
provisions of this clause the State will on the written application made from
time to time by the Company for land for housing purposes grant to the Company
in such locality as land is available therefor a lease of such vacant lots as
the Company requests on the following terms and conditions
namely: —
(a) for
a term of five years commencing from a day to be agreed upon by the parties
hereto;
(b) at a
rental sufficient to reimburse a reasonable proportion of the costs (if any)
incurred by the State in the preparation of the land for subdivision;
(c) that
the Company will within eighteen months of the commencement of the term of
each lease complete on the land the subject of that lease the erection of
living accommodation for occupation by a family or single persons at a cost of
not less than $7,000;
(d) that
on the expiration of the term of the lease and subject to the due and punctual
observance and performance of all the covenants agreements and conditions on
the Company’s part therein contained, on the request of the Company
grant to it an estate in fee simple in the land the subject of the lease at a
price not exceeding two hundred dollars ($200) plus Crown Grant and survey
fees;
(e) that
the Company will not sell transfer assign sub-let or mortgage charge or
encumber any lease without the consent of the State first had and obtained
PROVIDED THAT the consent of the State shall not be required to the transfer
assignment or sub-lease of a lot to an employee of the Company nor to any
mortgage where the Company has complied with paragraph (c) of this clause
in relation to that lot;
(f) that
the Company will pay to the relevant local authority (when requested by the
local authority so to do) such amount (at the date hereof estimated not to
exceed $420) as the local authority reasonably requires at the time of the
grant of the lease to enable it to supply or make available the usual
services;
(g)
otherwise on such terms and conditions as are reasonably required to give
effect to the provisions and objects of this Agreement.
(2) The State shall
not be required to lease to the Company during the currency of this Agreement
more than fifty lots nor more than ten lots in any one year. The request for
each lot shall be made by the Company at least three months before the Company
requires the lease of that lot to be granted to it. In the event of the State
consenting under the provisions of paragraph (e) of subclause (1) of
this clause to a transfer or an assignment of the lot the State shall not be
required to lease another lot in lieu of the lot so transferred or assigned.
Road and Rail Transport 3
11. (1) Subject to the
provisions of subclause (2) of this clause the State agrees that it shall
be lawful for the Company to use for the carriage of salt on any public road
between the production site and the stockpile area prime movers and two
trailers the combined length of which shall not exceed eighty-five (85) feet
in length notwithstanding any provision in any Act to the contrary.
(2) The right
conferred by subclause (1) of this clause shall operate until the tenth
anniversary of the day of the first shipment of salt and thereafter until
determined by not less than three years’ notice in writing by the
Minister. Such notice may be given to expire on the tenth anniversary of the
day of the first shipment of salt or it any time thereafter.
(3) Upon the written
request of the Company for the grant of a lease to enable the company to
construct a railway from the production site to the stockpile area the State
will at the cost of the Company cause a route to be surveyed which the State
(after consultation with the officers of the Company) considers most
practicable and convenient therefor and will as soon as practicable after the
completion of that survey at the cost and expense of the Company in all things
(including the acquisition and resumption of the lands over which the route
passes) cause a lease (including renewals) of the surveyed route (other than
any part thereof declared dedicated or proclaimed as a public road) to be
granted to the Company for so long as the Company is the lessee of both the
production site and the stockpile area for the sole purpose of the Company
constructing and operating a railway on the leased land and on such terms and
conditions as are reasonably required to give effect to the objects and
provisions of this Agreement. In respect of any part of a public road over
which the railway operates the State will cause the Company to be granted a
license to operate its railway over that part of the public road on such terms
and conditions as are reasonably required to give effect to the provisions and
objects of this Agreement.
Sea Water 3
12. (1) The Company
may without charge draw sea water from the Indian Ocean for all or any one or
more of its operations in respect of the production of salt on the work sites
and the Company may discharge at high water mark residual brines resulting
from those operations into tidal inlet or inlets at points adjacent to the
Company’s crystallisers and the State shall grant to the Company any
necessary easement or license for the purposes over Crown lands upon such
terms and conditions as shall be reasonable having regard to the requirements
of the Company under this clause and the overall development and use by others
of those Crown lands.
(2) Subject to the
Company’s compliance with the Mining Act 1904 , and all other
relevant statutes and regulations for the time being in force the Company if
and when it becomes economical so to do shall have the right to the exclusion
of any other person to recover any chemicals in the brines.
Rights of Ingress and Egress 3
13. The State shall from time to time on the
written application of the Company grant to the Company a license or licenses
over Crown lands for the purpose of the Company by its servants agents
contractors invitees and customers enjoying the right of ingress to and egress
from all or any one or more part or parts of the work sites for a term or
terms respectively concurrent with the term (including renewals) of the lease
of the production site and on such terms and conditions as shall be reasonable
having regard to the requirements of the Company in respect of its obligations
to construct maintain operate and inspect the improvements from time to time
constructed or installed on the work sites and to the overall development and
use by others of those Crown lands.
Export License 3
14. If at any time or times under Commonwealth law
an export license is required by the Company for the export of salt then on
written request by the Company the State shall make representation to the
Government of the Commonwealth of Australia for the grant to the Company of a
license or licenses under Commonwealth law for the export of salt in such
quantities and at such rate or rates as shall be reasonable having regard to
the tonnage of salt being produced by the Company at such time or times as a
license is so required and to all contracts made or likely to be made by the
Company for the export or supply of salt from the work sites.
Diversion of fresh water 3
15. (1) To enable the
Company to successfully operate it will be necessary to prevent fresh or rain
water from entering the concentrating and crystallising areas and accordingly
the Company desires the right to divert from time to time the fresh or rain
water flowing in the Ridley River and other watercourses from their respective
normal courses. The State acknowledges the necessity of such diversions and
will so far as practicable having regard to the users of the surrounding land
permit the Company to make such diversions subject to and in accordance with
the provisions set out in subclause (2) of this clause.
(2) When and as often
as the Company anticipates that it desires to make a diversion for the purpose
aforesaid and where such diversion may affect lands outside the work sites it
shall before commencing any such diversion immediately submit to the Minister
in duplicate its proposals (which shall include all plans and specifications)
in respect of the diversion it is desirous of making and shall also give to
the Minister such further information and plans in respect of the diversion as
the Minister from time to time reasonably requires in respect of the
diversion. As soon as reasonably possible after the Minister has been given
the Company’s proposals and such further information and plans which he
may require the Minister shall either inform the Company in
writing —
(i)
that he has approved of the Company’s proposals as
submitted by the Company or as amended by him whereupon the Company shall be
at liberty (subject to the provisions of subclause (3) of this clause) to
proceed with the making of the diversion in the manner submitted or as amended
by the Minister (as the case may be); or
(ii)
that he has disapproved of the Company’s proposals
or as amended or qualified by any further information and plans (as the case
may be). Within the month next following the receipt of this disapproval the
Company may elect by notice to the Minister to refer to arbitration the
dispute as to the reasonableness of the Minister’s disapproval and
within the month following such election shall refer such dispute to
arbitration. If by the award on arbitration the dispute is decided against the
Company then the Company shall not be at liberty to proceed to make such
diversion but if the question is decided in favour of the Company the award
will take effect as an approval by the Minister and the Company shall be at
liberty (subject to the provisions of subclause (3) of this clause) to
proceed to make such diversion in accordance with the terms of the award.
(3) Before the Company
commences to proceed with the making of the diversion referred to in the
immediately preceding subclause the Company shall enter into a Deed of
Covenant with the State in such form as the Minister in his absolute
discretion determines covenanting to indemnify the Crown in right of the State
against all claims costs and expenses which may at any time or times be made
against the Crown in the right of the State in respect of that diversion or
arising out of or incidental to or in consequence of that diversion.
Limitation of Liability 3
16. Where the Company from time to time constructs
a levee or other works on the production site for or incidental to the
production of salt and thereafter a third party makes improvements to lands or
becomes the owner of improvements so made on lands adjacent to the production
site and subsequent to those improvements being made the Company removes
(either wholly or partly) or fails to maintain or to repair that levee or
other works and in consequence thereof the third party suffers sustains or
incurs damage to those improvements or any part thereof then notwithstanding
any Act or any rule of law or equity to the contrary the Company shall not be
liable for those damages to any person or persons whatsoever.
Employees 3
17. The parties hereto acknowledge the principle
that in the operation of a solar salt plant all employees during their
respective normal working hours are not continuously or fully engaged in the
performance or discharge of their respective duties and hence from time to
time there is or could be a surplus in the number of employees required by the
Company. To avoid this so happening and to maintain so far as practicable full
employment for all its employees at all times the Company proposes to use
employees whilst not engaged in the performance or discharge of their
respective duties to assist in the loading of ships at wharf with salt
produced at the work sites and in the supervision thereof and to perform or
discharge such other duties as may be assigned to them from time to time by
the Company. To enable the foregoing objectives to be put into practice the
State will at the request of the Company made to it from time to time use
reasonable endeavours to assist in the implementation and achievement of these
objectives.
Default 3
18. The parties hereto covenant and agree with
each other as follows: —
(a) that
in any of the following events namely if the Company fails in any year after
the 30th June, 1975 to ship at least 475,000 tons of salt and furthermore the
average of the tonnage shipped in that year and in the previous three years is
less than 475,000 tons a year or if the Company makes default in the due and
punctual performance of any of the covenants agreements or obligations to the
State herein or in any lease sub-lease easement license or other title or
document granted or assigned under this Agreement on its part to be performed
or observed and shall fail to remedy that default within reasonable time after
notice specifying the default is given to it by the State (or if the alleged
default is contested by the Company and promptly submitted to arbitration
within a reasonable time fixed by the arbitration award where the question is
decided against the Company the arbitrator finding that there was a bona fide
dispute and that the Company had not been dilatory in pursuing the
arbitration) or if the Company abandons or repudiates its operations under
this Agreement or if the Company goes into liquidation (other that a voluntary
liquidation for the purpose of reconstruction) or if the Company gives the
notice referred to in subclause (2) of clause 29 hereof then and in
any of such events the State may by notice given to the Company determine this
Agreement and the rights of the Company hereunder and under any lease license
easement or right granted or demised hereunder or pursuant hereto and upon
receipt by the Company of that notice this Agreement and the rights of the
Company hereunder and under any lease license easement or right granted or
demised hereunder or pursuant hereto shall determine PROVIDED HOWEVER that if
the Company fails to remedy any default after notice is given to the Company
specifying the default or within the time fixed by the arbitration award as
aforesaid and the Company has not given notice to the State under
subclause (2) of clause 29 hereof the State instead of determining
this Agreement as aforesaid because of such default may itself remedy such
default or cause the same to be remedied (for which purpose the State by its
agents workmen or otherwise shall have full power to enter upon lands occupied
by the Company and to make use of all plant and machinery equipment and
installations thereon) and the costs and expenses incurred by the State
remedying or causing to be remedied such default shall be a debt payable by
the Company to the State on demand made by the State:
Effect of determination of Agreement 3
(b) that
on the cessation or determination of this Agreement:
(i)
except as otherwise agreed by the Minister the rights of
the Company to in or under this Agreement and the rights of the Company or any
assignee of the Company or any mortgagee to in or under any lease license
easement or right granted or demised hereunder or pursuant hereto shall
thereupon cease and determine but without prejudice to the liability of either
of the parties hereto in respect of any antecedent breach or default under
this Agreement AND the Company shall without further consideration but
otherwise at the request and cost of the State transfer or surrender to the
State or the Crown all land the subject of any lease license easement or right
granted or demised hereunder or pursuant hereto AND the Company hereby
irrevocably constitutes and appoints the Minister or such person as he may
from time to time nominate the true and lawful attorney of the Company to
execute the transfer or surrenders aforesaid;
(ii)
the Company shall forthwith pay to the State all moneys
which may then have become payable or accrued due;
(iii)
save as aforesaid and as provided in paragraph (c)
of this clause and subclause (2) of clause 29 hereof neither of the
parties hereto shall have any claim against the other with respect to any
matter or thing in or arising out of this Agreement;
(c) that
on the cessation or determination of any lease license easement or right
granted or demised hereunder or pursuant hereto by the State to the Company or
(except as otherwise agreed by the Minister) to an associated company or other
assignee of the Company under clause 21 hereof the improvements and
things other than plant equipment erected on the relevant land and provided
for in connection therewith shall remain or become the absolute property of
the Crown without compensation and freed and discharged from all mortgages and
encumbrances and the Company will do and execute such documents and things
(including surrenders) as the State may reasonably require to give effect to
this provision AND the Company hereby irrevocably constitutes and appoints the
Minister or such person as he may from time to time nominate the true and
lawful attorney of the Company to execute those documents and things
(including surrenders). In the event of the Company prior to such expiration
or determination or subsequent thereto deciding to remove its plant equipment
or any of them from any land the Company shall not do so without first
notifying the State in writing of its decision and thereby granting to the
State the right or option exerciseable within three (3) months thereafter to
purchase at valuation in situ the said plant equipment or any of them. Such
valuation will be mutually agreed or in default of agreement shall be made by
such competent valuer as the parties hereto may appoint or failing agreement
as to such appointment then by two competent valuers one to be appointed by
each party or by an umpire appointed by such valuers should they fail to
agree;
(d) the
provisions of this clause shall not apply to any land or the improvements
thereon the subject of a grant of an estate in fee simple granted to the
Company pursuant to the provisions of paragraph (d) of subclause (1)
of clause 10 hereof nor to any land or the improvements thereon the
subject of a lease granted under the provisions of such subclause to which the
Company at the date of cessation or determination of this Agreement is
entitled to a grant of an estate in fee simple under the provisions of
paragraph (d) of that subclause.
Salt for use in Australia 3
19. The Company acknowledges the desire of the
State to have available a constant and reliable source of supply of salt for
use in Australia. To attain this object the Company, subject to the fulfilment
of its overseas contracts will use its best endeavours to have such quantities
of salt available at all times during the currency of this Agreement for sale
for use in Australia as will meet reasonable demands therefor made on the
Company from time to time at a price which is competitive in the Australian
market provided that such price is not less than that which the Company is
receiving or able to receive for similar quantities of salt sold on similar
terms and conditions for use outside Australia.
Use of Channel Approach 3
20. (1) During the
course of the negotiation of this Agreement the State informed the Company
that the State would require the Company to pay to “the Joint
Venturers” referred to in the Agreement scheduled to the
Iron Ore (Mount Goldsworthy) Agreement Act 1964 (No. 97 of 1964)
fair and reasonable charges for the use of the “channel approach”
referred to in paragraph (e) of subclause (4) of clause 9 of
the said Agreement and as a result thereof certain negotiations took place
between the Company and the Joint Venturers and the Company has informed the
State that the Company and the Joint Venturers have agreed that the Company
shall pay to the Joint Venturers certain charges for the right to use the said
“channel approach” by the Company and by ships transporting or
about to transport salt from the work sites. The State covenants with the
Company that during the continuance of this Agreement the State shall not
impose or levy nor permit nor authorise any agency or instrumentality of the
State or any local or other authority to impose or levy (either directly or
indirectly) on the Company, or on any ship transporting or about to transport
salt produced from the work sites, any charge in relation to the use of the
said “channel approach” by the Company or by any ship as aforesaid
irrespective of the tonnage of salt shipped from the work sites and
irrespective of whether or not the Company, under its agreement with the Joint
Venturers, remains under any obligation to make or to continue to make any
payment to the Joint Venturers PROVIDED THAT subject to paragraph (b) of
subclause (2) of this clause where the State has incurred any cost or
expense in maintaining the said “channel approach” nothing in this
subclause shall operate to prevent the State from imposing a reasonable charge
or levy on the Company or on ships transporting or about to transport salt
from the work sites.
Restrictions on resumption 3
(2) The State further
covenants with the Company that the State: —
(a)
having regard to the particular nature of the industry proposed to be
established by the Company under this Agreement and subject to the performance
by the Company of its obligations hereunder shall not resume or suffer or
permit to be resumed by any State instrumentality or by any local or other
authority of the said State any portion of the work sites the resumption of
which would unreasonably impede the Company’s activities nor shall the
State create or permit or suffer to be created or granted by an
instrumentality or authority of the said State as aforesaid any road right of
way or easement of any nature or kind whatsoever over or in respect of the
work sites which may unduly prejudice or interfere with the Company’s
operations hereunder without the consent in writing of the Company first
having been obtained which consent shall not be arbitrarily or unreasonably
withheld;
No discriminatory taxes or charges 3
(b)
except as provided in this Agreement shall not impose nor permit nor authorise
any of its agencies or instrumentalities or any local or other authority of
the State to impose discriminatory taxes rates or charges of any nature
whatsoever on or in respect of the titles property or other assets products
materials or services used or produced by or through the operations of the
Company in the conduct of the Company’s business hereunder nor shall the
State take or permit to be taken by any such State authority any other
discriminatory action which would deprive the Company of full enjoyment of the
rights granted and intended to be granted under this Agreement;
Upgrading of roads 3
(c)
shall at the request and cost of the Company (except where and to the extent
that the Commissioner of Main Roads agrees to bear the whole or part of the
cost involved) widen upgrade or realign any public road over which the State
has control subject to the prior approval of the said Commissioner to the
proposed work;
Rating 3
(d)
notwithstanding the provisions of any Act or anything done or purported to be
done under any Act the valuation of all lands (whether of a freehold or
leasehold nature) the subject of this Agreement (except as to any part upon
which a permanent residence shall be erected or which is occupied in
connection therewith) shall for rating purposes be deemed to be on the
unimproved value thereof and no such lands shall be subject to any
discriminatory rate;
Labour conditions 3
(e)
during the currency of this Agreement and subject to compliance with its
obligations hereunder the Company shall not be required to comply with the
labour conditions imposed by or under any Act in regard to any lease of any
land within the work sites.
Assignment 3
21. (1) Subject to the
provisions of this clause and of clause 10 hereof the Company may at any
time —
(a)
assign mortgage charge sublet or dispose of to any associated company as of
right and to any other company or person with the consent in writing of the
Minister the whole or any part of the rights of the Company hereunder
(including its rights to or as the holder of any lease license easement grant
or other title) and of the obligations of the Company hereunder, and
(b)
appoint as of right an associated company or with the consent in writing of
the Minister any other company or person to exercise all or any of the powers
functions and authorities which are or may be conferred on the Company
hereunder
subject however to the assignee or (as the case may be) the appointee
executing in favour of the State a deed of covenant in a form to be approved
by the Minister to comply with observe and perform the provisions hereof on
the part of the Company to be complied with observed or performed in regard to
the matter or matters so assigned or (as the case may be) the subject of the
appointment.
(2) Notwithstanding
anything contained in or anything done under or pursuant to subclause (1)
of this clause the Company unless the Minister otherwise agrees shall at all
times during the currency of this Agreement be and remain liable for the due
and punctual performance and observance of all the covenants and agreements on
its part contained herein and in any lease license easement grant or other
title the subject of an assignment under the said subclause (1).
Arbitration 3
22. Any dispute or difference between the parties
arising out of or in connection with this Agreement or any agreed amendment or
variation thereof or agreed addition thereto or as to the constructions of
this Agreement or any such amendment variation or addition as to the rights
duties or liabilities of either party hereunder or as to any matter to be
agreed upon between the parties under this Agreement shall in default of
agreement between the parties and in the absence of any provision in this
Agreement to the contrary be referred to and settled by arbitration under the
provisions of the Arbitration Act 1895 .
Variation 3
23. The parties hereto may from time to time by
mutual agreement in writing add to, vary or cancel all or any of the
provisions of the Agreement or any lease license easement or right granted or
demised hereunder or pursuant hereto for the purpose of more efficiently or
satisfactorily implementing or facilitating any of the objects of this
Agreement or for altering the provisions of clause 10 hereof.
Force Majeure 3
24. This agreement shall be deemed to be made
subject to any delays in the performance of obligations under this Agreement
and to the temporary suspension of continuing obligations hereunder which may
be occasioned by or arise from circumstances beyond the power and control of
the party responsible for the performance of such obligations including delays
or any such temporary suspension as aforesaid caused by or arising from Act of
God force majeure floods storms tempests washaways fire (unless caused by the
actual fault or privity of the Company) act of war act of public enemies riots
civil commotions strikes lockouts stoppages restraint of labour or other
similar acts (whether partial or general) shortages of labour or essential
materials reasonable failure to secure contractors delays of contractors and
inability (common in the salt export industry) to profitably sell salt or
factors due to overall world economic conditions or factors which could not
reasonably have been foreseen PROVIDED ALWAYS that the party whose performance
of obligations is affected by any of the said causes shall minimise the effect
of the said causes as soon as possible after their occurrence.
Continuance of Agreement 3
25. (1) If the Company
is desirous of a further continuance of this Agreement (whether in the same or
any varied or modified form) and if the parties hereto have not at least
fifteen (15) months prior to the expiration of the second term of renewal of
the leases easements and licenses of the lands comprised in the work sites and
of the lands (if any) whereon the residences of the Company’s employees
are constructed (hereinafter referred to as “the expiration of the
second renewal”) agreed upon the terms and conditions in respect of a
further agreement for the production at and shipment of salt from the work
sites then the State shall at least fourteen (14) months prior to the
expiration of the second renewal make the Company such written offer
(hereinafter called “the offer”) of the terms and conditions of
the further agreement as it deems reasonable and unless the Company
has —
(i)
within the month next following the receipt of the offer
accepted it (either in the form so offered or as modified or varied by
negotiation between the parties hereto), or
(ii)
within the fourteen days next following the receipt of
the offer referred that offer or the part or parts thereof which the Company
considers unreasonable to arbitration (as provided in subclause (2)
hereof)
the State may at the expiration of that month proceed as in manner set out in
subclause 3 of this clause.
(2) Within the
fourteen (14) days next following the receipt of the offer the Company may
elect by notice to the State to refer to arbitration any dispute concerning
the reasonableness of the State’s offer or any part or parts thereof and
will within fourteen (14) days next following such election refer to
arbitration that dispute. Unless the Company within the fourteen (14) days
next following the receipt by it of the award on arbitration by notice to the
State accepts the offer as varied or modified by the award on arbitration the
State may proceed as in manner set out in subclause (3) of this clause.
(3) If the Company has
not accepted the offer or the offer as varied or modified by the award on
arbitration subject to and in accordance with the provisions set out in
subclause (1) or (2) respectively of this clause then the State may enter
into an agreement for the production and shipment of salt from the work sites
with any other person on terms and conditions more favourable on the whole
than the offer made by the State or in the event of the offer having been
submitted to arbitration the offer as varied or modified by the award on
arbitration provided the State has first offered to the Company the right of
first refusal of such terms and conditions and such offer is not accepted by
the Company within a reasonable time.
Notices 3
26. Any notice consent request or other writing
authorised or required by this Agreement to be given or sent shall be deemed
to have been duly given or sent by the State if signed by the Minister or by
any senior officer of the Civil Service of the said State acting by the
direction of the Minister and forwarded by pre-paid registered post to the
Company at its registered office for the time being in the said State and by
the Company if signed on its behalf by an officer of the Company or by any
person or persons authorised by the Company in that behalf or by its
solicitors as notified to the State from time to time and forwarded by
pre-paid registered post to the Minister AND any such notice consent or
writing shall be deemed to have been duly given or sent on the day on which it
would be delivered in the ordinary course of post.
Relevant Law 3
27. (1) This Agreement
shall be interpreted according to the law for the time being in force in the
said State.
(2) All payments made
or to be made under this Agreement shall be made in the State of Western
Australia in Australian currency unless otherwise agreed. All sums mentioned
herein are in Australian currency.
Expiration of Agreement 3
28. This Agreement shall expire on the expiration
or sooner determination of the leases easements and licenses (including the
respective renewals thereof) of the lands comprised in the work sites but
without prejudice to the right of action of either party hereto in respect of
any breach of the covenants agreements and conditions herein contained.
Conditions 3
29. (1) This Agreement
is conditional upon the Company at any time prior to the 31st day of December,
1966 giving notice to the Minister that: —
(a) the
Company has entered into or intends to enter into contracts or arrangements
satisfactory to the Company for the sale by the Company of salt; and
(b) The
Company has made or is about to make arrangements satisfactory to the Company
for financing by any means the works referred to in clause 7 hereof and
that the Company proposes to proceed with such works.
Determination by Company 3
(2) Notwithstanding
anything herein contained the Company may at any time give notice to the State
that matters have arisen which make the completion or continuance of the works
impracticable or uneconomic and desires to determine this Agreement whereupon
this Agreement will then cease and determine and the State may enforce all or
any one or more of its rights remedies or powers set out in
paragraphs (b) and (c) of clause 18 hereof PROVIDED
THAT —
(a) if
the State has completed the construction of the wharf the Company shall remain
liable to pay to the State the annual charge of sixty thousand dollars
($60,000) for each of the twenty (20) years following the day of completion of
the wharf as provided by paragraph (d) of subclause (2) of
clause 5 hereof; and
(b) if
the construction of the wharf has been commenced but is not completed when the
Company gives the State the notice aforesaid then the State at the request of
the Company will use reasonable endeavours to cancel the contract for the
construction of the wharf and the Company will if the contract be cancelled
indemnify the State against all demands claims costs and expenses so incurred
in respect of or incidental to —
(i)
the construction of the wharf to the date the contract is
cancelled; and
(ii)
the cancellation of the contract for the construction of
the wharf
limited however to so
many of the payments (including part of any if necessary) as are payable under
and in accordance with the provisions of paragraph (d) of
subclause (2) of clause 5 hereof as will be sufficient to so
indemnify the State. If the State after using reasonable endeavours to cancel
the contract fails so to do the Company will remain liable to pay to the State
the annual charge of Sixty Thousand Dollars ($60,000) as provided under and in
accordance with the provisions of paragraph (d) of subclause (2) of
clause 5 hereof.
30. The State shall exempt from any stamp duty
which but for the operation of this clause would or might be chargeable
on —
(a) this
Agreement;
(b) any
instrument executed by the State pursuant to this Agreement granting to or in
favour of the Company or any permitted assignee of the Company any lease
license easement or right granted or demised hereunder or pursuant hereto;
PROVIDED THAT this clause shall not apply to any instrument or other document
executed or made more than seven years from the date hereof.
IN WITNESS whereof this Agreement has been
executed by or on behalf of the parties hereto the day and year first
hereinbefore mentioned.
|
SIGNED SEALED AND DELIVERED by THE HONOURABLE
DAVID BRAND, M.L.A., in the presence of —
|
|
DAVID BRAND |
C. W. Court
Minister for Industrial Development.
|
SIGNED SEALED AND DELIVERED for and on behalf of LESLIE SALT CO. by its duly
authorised officer in the presence of —
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|
Harry E. Kellogg
[L.S.] Secretary
SHELDON ALLEN
President.
