Under the Rail Transport Agreement 1987 (varying the Mount Newman Agreement), the obligation of the Mount Newman Participants to negotiate contractual arrangements for rail carriage of iron ore arises before the third party commences mining operations. The definition of 'third party' as 'a person operating a mine producing iron ore products' describes the person whose ore will be carried at the time of carriage, but does not limit the right to negotiate to persons already in production. Definitions in schedules should not be treated as imposing significant limitations on substantive rights established by operative provisions unless clearly expressed.
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