An Act to ratify approve and otherwise give effect to an Agreement between the Premier for and on behalf of the State of Victoria and John Lysaght (Australia) Limited with respect to the Establishment in Western Port of Steel Works for the Production of Iron and Steel and other Products, to authorize the Construction of certain Port Facilities, to make Provision with respect to the Reclamation of certain Land and for other purposes.
WHEREAS John Lysaght (Australia) Limited a Company incorporated in the State of New South Wales and registered as a foreign company in the State of Victoria desires to establish an integrated steel works on certain lands at Western Port:
AND WHEREAS the operation of the steel works requires the establishment of adequate port facilities in Western Port:
AND WHEREAS an Agreement to facilitate the establishment of the steel works and port facilities has been entered into between the Premier of the State of Victoria and John Lysaght (Australia) Limited:
AND WHEREAS the Agreement is expressed to be subject to ratification by the Parliament of Victoria:
AND WHEREAS it is expedient in the public interest to ratify validate approve and otherwise give effect to the Agreement and to make other provisions as hereinafter provided:
s. 1
This Act may be cited as the Western Port (Steel Works) Act 1970.
This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.
In this Act unless inconsistent with the context or subject-matter-
S. 2(1)(a) amended by No. 82/1995 s. 199.
"the Agreement" means the Agreement a copy of which is set out in the Schedule and includes the Agreement as varied from time to time; and
expressions used in this Act have the meanings respectively assigned to them in the Agreement.
This Act shall bind the Crown.
The Agreement is hereby ratified validated approved and given effect.
The following provisions of this sub-section shall be read as in aid of and not in derogation from the provisions of sub-section (1)-
the Premier and Ministers of the State of Victoria and all public statutory corporations and all officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and to give such approvals as are provided for by the Agreement;
the Agreement shall take effect notwithstanding anything in any other Act or in any proclamation regulation Order in Council by-law lease licence authority permit or agreement under any other Act and every Act proclamation regulation Order in Council by-law lease licence authority permit or agreement shall by virtue of this Act be deemed to be modified to the extent necessary to give full force and effect to the Agreement but not further or otherwise and shall be read and construed and take effect accordingly;
the provisions of the Agreement relating to the revocation of part of the temporary reservation of land for public purposes referred to in paragraph (j) of sub-clause (1) of clause 5 of the Agreement shall by force of this Act and without further authority take effect.
Notwithstanding anything to the contrary in any other Act lease licence proclamation reservation declaration or dedication of or with respect to any unalienated land of the Crown the Governor in Council may upon such conditions as he thinks fit grant to the Company any lease easement licence or other authority necessary or expedient to enable the Company to develop the Reclamation Area or any land owned by the Company in the vicinity of the Reclamation Area.
s. 4
S. 4A
inserted by No. 82/1995 s. 200.
The Agreement may be varied by agreement between the Premier of Victoria and the Company with the approval of the Governor in Council by Order in Council containing particulars of the variation published in the Government Gazette.
s. 4A
Unless and until each House of Parliament passes a resolution in accordance with sub-section (6) disallowing an Order in Council varying the Agreement, the provisions of the agreement making the variation shall have the force of law on and after the date on which the order was published in the Government Gazette as though the provisions of the agreement were expressly enacted in this Act.
An Order in Council made under sub-section (1) must, on publication in the Government Gazette, be judicially noticed and that publication is conclusive evidence of the variation to the Agreement set out in the Order.
A copy of each Order in Council made under sub-section (1) must be laid before both Houses of Parliament on or before the sixth sitting day after the publication of the Order in the Government Gazette.
An Order in Council made under sub-section (1) is disallowed if each House of Parliament passes a resolution in accordance with sub-section (6).
A resolution to disallow an Order in Council made under sub-section (1) is passed in accordance with this sub-section if-
notice of the resolution is given in each House of the Parliament on or before the 18th day on which that House sits after the Order in Council is laid before that House; and
the resolution is passed on or before the 12th day on which that House sits after the notice of resolution has been given in that House.
The power of each House to pass a resolution disallowing an Order in Council under this section is not affected by the prorogation or dissolution of the Parliament or of either House of the Parliament or of either House of the Parliament and, if there is such a prorogation or dissolution, the calculation of days on which a House has sat must be made as if there had been no such prorogation or dissolution.
s. 4A
Notice of a resolution to disallow an Order in Council may be expressed to apply to all or any part of the particulars of the variation contained in the Order in Council and a resolution to disallow all or any part of those particulars shall take effect according to its tenor.
If a resolution is passed disallowing part only of the particulars of the variation contained in an Order in Council, the particulars not disallowed shall be of no effect unless and until each of the Premier of Victoria and the Company gives notice to the other expressing an intention to be bound by the particulars not disallowed, or by part of those particulars, and, if notice is so given, the particulars, or part of the particulars, take effect accordingly.
If an Order in Council is disallowed by Parliament in accordance with sub-section (6), the disallowance has the like effect to the repeal of an enactment.
This section is in addition to and not in derogation from the power conferred by the Agreement for the Premier of Victoria and the Company to enter agreements and arrangements for better giving effect to the provisions of the Agreement.
In section 7 of the Marine Act 1958 for the words "all public wharfs" there shall be substituted the words "all public and private wharfs".
s. 5
THE SCHEDULE
THIS AGREEMENT is made the 19th day of December One Thousand Nine Hundred and Sixty-nine BETWEEN The Honourable Sir HENRY EDWARD BOLTE in his capacity as the Premier for the time being of the State of Victoria and for and on behalf of the said State of the one part and JOHN LYSAGHT (AUSTRALIA) LIMITED a Company incorporated under the Companies Act of the State of New South Wales, the registered office of which in the State of Victoria is situate at 70 Clarendon Street, South Melbourne (hereinafter called "the Company") of the other part.
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WHEREAS:
I. The Company desires to establish on the western shore of Western Port a plant for the production of steel products and to be able to expand the size and scope of operations at the Plant Site to include integrated steel works for the production of iron and steel and other products.
II. The State, for the purpose of furthering and promoting industrial development within the State and of encouraging the decentralization of industry within the State, desires to facilitate the establishment of the Plant.
III. To accomplish the respective desires of the parties to this Agreement, it is necessary that certain grants rights and powers essential to the establishment and operation of the Plant be made and conferred on the Company.
IV. The parties have entered into this Agreement to make and confer the said grants rights and powers and to provide for other matters.
NOW IT IS HEREBY AGREED as follows:
PART I-PRELIMINARY
1. This Agreement shall be of no force or effect unless it is ratified validated approved and otherwise given effect by an Act of the Parliament of Victoria on or before 31st March, 1970, or such later date as is agreed between the parties to this Agreement.
"Associated Companies" means subsidiary companies of the Company, The Broken Hill Proprietary Company Limited and its subsidiary companies and Guest, Keen and Nettlefolds Limited and its subsidiary companies;
"the Act" means the Act of the Parliament of Victoria ratifying validating approving and otherwise giving effect to this Agreement;
"Chief Engineer" means the Chief Engineer of Ports and Harbors for the State of Victoria, or a person authorized by him in writing to act for him either generally or in relation to any particular matter under this Agreement;
"clause" means clause of this Agreement;
"commencing date" means the date on which the Act comes into operation;
"commissioning date" means the date on which goods or materials in respect of which charges would be payable under clause 6 are first received or dispatched over a wharf;
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"Company" means John Lysaght (Australia) Limited;
"foreshore" means so much of the land temporarily reserved for public purposes by Orders in Council dated 12th July, 1937 and 14th August, 1963 and published in the Government Gazette on 21st July, 1937 and 21st August, 1963 respectively as is within the Reclamation Area;
"Minister" means the Minister of Public Works;
"the Plant" means the facilities constructed or to be constructed in accordance with the provisions of this Agreement on the Plant Site and all additions and alterations to those facilities;
"Plant Site" means-
lands within the area described in the First Schedule to this Agreement which at the date of this Agreement are owned by the Company or by a subsidiary of the Company;
any other lands owned by the Company or by a subsidiary of the Company being lands within that area or not further than half a mile from the nearest boundary of that area which the Company acquires after the date of this Agreement and which the Company has by notice in writing to the Minister declared to be part of the Plant Site; and
the Reclamation Area;
"Reclamation Area" means the area described in the Second Schedule to this Agreement;
"the State" means the State of Victoria;
"wharf" means-
except in clause 7 of this Agreement, a wharf jetty landing place or berth constructed or to be constructed by the Company under this Agreement and additions or alterations to it and a wharf jetty landing place or berth acquired by the company under clause 7; and
in clause 7 of this Agreement, a wharf jetty landing place or berth constructed by the State under that clause.
Sch.
PART II-OBLIGATIONS OF THE COMPANY
complete as soon as possible and in any event not later than 31st December, 1973 the construction of a part of the Plant comprising a cold reduction mill and associated facilities for the production of galvanized and uncoated steel sheet and coil in a variety of qualities and sizes and having a planned initial capacity of not less than 500,000 tons per year;
complete the construction of a part of the Plant comprising a hot strip mill not later than 31st December, 1980, or such other date as is agreed between the parties to this Agreement;
in connexion with the construction maintenance operation and use of the Plant reclaim or complete the reclamation of the Reclamation Area at its own cost and in a manner approved by the Minister and in accordance with plans and specifications approved by him and also in accordance with the law relating to the control of pollution and the preservation of marine life for the time being in force;
construct operate and maintain the Plant in accordance with good industry practices, standards and specifications and in accordance with the law for the time being in force;
maintain the wharves in accordance with good industry practices standards and specifications and in accordance with the law for the time being in force to the satisfaction of the Chief Engineer; and
pay to the State the amounts required to be paid under this Agreement.
PART III-OBLIGATIONS OF THE STATE
by virtue of the Act (and without the necessity for any other authority approval permit licence or consent other than any authority approval permit licence or consent required under the Town and Country Planning Act 1961 or the Local Government Act 1958 in connexion with the construction operation or maintenance of a building or structure) authorize-
the performance by the Company of the covenants contained in paragraphs (a) (b) and (c) of clause 4; and
Sch.
the Company to own and, subject to the Port Rules for the time being applicable to Western Port, manage maintain and control the wharves together with all loading shipping and handling facilities and equipment on the wharves and to have exclusive right to the wharves subject to the right of the Chief Engineer to enter on and inspect the wharves and loading shipping and handling facilities and equipment on the wharves;
authorize the Company at the cost of the Company to construct or extend a wharf or wharves the aggregate length of which does not exceed-
3,000 feet before the commencement of the construction of a hot strip mill; or
4,000 feet after the commencement of the construction of a hot strip mill-
subject to and in accordance with plans and specifications approved by the Minister and at such place or places within and along the eastern boundary of the Plant Site and within a distance of 4,000 feet from the south eastern corner of the Plant Site as is or are determined by the Company after consultation with the Chief Engineer or at such other place or places within and along the eastern boundary of the Plant Site as is or are approved by the Minister;
if the Company has, before the date referred to in clause 12 or before such later date as is determined by the Premier under that clause, commenced the expansion of the Plant constructed pursuant to paragraphs (a) and (b) of clause 4 by commencing the construction and establishment of a fully integrated steel works for the production of steel-authorize the Company at the cost of the Company to construct or extend subject to and in accordance with plans and specifications approved by the Minister a wharf or wharves at such place or places within and along the eastern boundary of the Plant Site as is or are determined by the Company after consultation with the Chief Engineer but so that the total length of the wharf or wharves constructed under this paragraph and the last preceding paragraph shall not exceed 10,500 feet;
upon reasonable notice being given to the Minister by the Company, forthwith take steps to carry out at the cost of the State within such time as is agreed between the parties to this Agreement such dredging as will provide such approach channels and berthing and turning areas as are from time to time reasonably required by the Company in connexion with its wharves and operations on the Plant Site;
maintain such approach channels and berthing and turning areas as are provided under the last preceding paragraph, to the depths to which they were dredged providing that the State shall not be responsible for removing spillage from vessels using the Company's wharves or for removing other deposits caused by the operations of the Company on the Plant Site;
Sch.
instal and maintain adequate navigation aids for day and night navigation;
facilitate through the State Rivers and Water Supply Commission and ensure the provision to the Company at such points on the boundary of the Plant Site as are agreed between the Commission and the Company of an adequate supply of water for the purposes of the construction and operation of the Plant;
provide such public roads connecting the Plant Site with the principal roads in the locality as are adequate for the purposes of the construction and commercial operation of the Plant;
permit the Company-
to draw sea-water without charge from the Western Port and subject to any law relating to the discharge of sea-water into Western Port for the time being in force to discharge sea-water into Western Port for or in connexion with its operations on the Plant Site and in connexion with such withdrawal or discharge to instal structures and outlets in accordance with plans and specifications approved by the Minister on such part of the Plant Site as is agreed between the parties to this Agreement; and
subject to and in accordance with the law for the time being in force to discharge effluent other than sea-water into Western Port;
revoke the temporary reservation of so much of the lands temporarily reserved for public purposes by Orders in Council dated the 12th July, 1937 and 14th August, 1963 and published in the Government Gazettes on 21st July, 1937 and 21st August, 1963 respectively as is within the Reclamation Area;
upon the surrender by the Company to the State of land or lands suitable for reservation as open spaces or for public recreational purposes and having an aggregate area that is not less than the area of the Foreshore, grant the Foreshore to the Company in fee simple:
Sch.
Provided that-
the grant shall be subject to the right of the State to dispose of material in such part or parts of the Foreshore and in such manner as is agreed between the Chief Engineer and the Company;
the grant shall contain a covenant by the Company to reclaim the Foreshore in accordance with plans and specifications approved by the Minister but subject to sub-paragraph (i) of this paragraph;
the grant shall authorize the use of the Foreshore for purposes associated with the steel industry or for such other purposes as are from time to time authorized by the Governor in Council and not otherwise;
the State shall not be required to grant access to the Foreshore;
the Company shall pay the costs of any survey undertaken in connexion with the grant;
the requirement to make a contribution to the Assurance Fund established under the Transfer of Land Act 1958 and the fees applicable to Crown grants under the Land Act 1958 shall apply to the grant; and
the grant shall be subject to such other reasonable covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;
upon the Company being registered as proprietor of the land described in the certificates of title specified in Part I of the Third Schedule close and cause to become unalienated land of the Crown the road lying south of allotment 58 in the Parish of Tyabb;
upon the Company being registered as the proprietor of the land described in the certificates of title specified in Part II of the Third Schedule close and cause to become unalienated land of the Crown the road lying west of allotments 78C and 78D in the Parish of Tyabb;
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authorize the Governor in Council to grant not later than two years after the date of this Agreement in fee simple to the Company the Reclamation Area (other than the Foreshore) for the consideration of $700,000 provided that-
the Company shall pay the consideration by ten equal annual instalments, $70,000 being payable on the date of the grant and $70,000 on the anniversary of that date in each of the succeeding nine years;
the Company shall give the State such security for the payment of the consideration as the State requires;
the grant shall be subject to the right of the State to dispose of material in such part or parts of the Reclamation Area (other than the Foreshore) and in such manner as is agreed between the Chief Engineer and the Company;
the grant shall contain a covenant by the Company to reclaim the Reclamation Area (other than the Foreshore) in accordance with plans and specifications approved by the Minister but subject to sub-paragraph (iii) of this paragraph;
the grant shall be subject to a condition that if any part of the Reclamation Area (other than the Foreshore) is not reclaimed to the satisfaction of the Minister within a period of 99 years after the date of this Agreement the grant as to any such part shall be revoked and that part of the Reclamation Area (other than the Foreshore) shall become unalienated land of the Crown and the consideration paid by the Company in respect of that part shall be repayable to the Company;
the grant shall authorize the use of the Reclamation Area (other than the Foreshore) for purposes associated with the steel industry or for such other purposes as are from time to time authorized by the Governor in Council and not otherwise;
the State shall not be required to grant access to the Reclamation Area (other than the Foreshore);
the Company shall pay the costs of any survey undertaken in connexion with the grant;
Sch.
the requirement to make a contribution to the Assurance Fund established under the Transfer of Land Act 1958 and the fees applicable to Crown grants under the Land Act 1958 shall apply to the grant; and
the grant shall be subject to such other reasonable covenants conditions reservations exceptions and provisions as the Governor in Council thinks fit;
enable the Governor in Council to grant to the Company any title to or any easement right or privilege over any Crown land for any purposes which in his opinion are necessary or expedient to facilitate the operations of the Company;
permit the Company in such areas of Western Port used or to be used for navigation routes as are approved by the Minister to carry out such dredging operations as are approved by the Minister to enable the Company to obtain material as fill for the Reclamation Area;
permit the Company in such manner and to such level as is determined by the Minister to deposit in an area or areas from time to time designated by the Minister after consultation with the Company being such areas as are the closest reasonably available and suitable areas to the Plant Site, 150,000,000 cubic yards of such waste materials as are approved by the Minister and are suitable for the purposes of reclaiming that area or those areas;
assist the Company to obtain to such area or areas as are from time to time made available to the Company under the last preceding paragraph reasonable access by road or rail and any necessary services;
ensure that there shall be provided-
to the boundary of the Plant Site a suitable rail link by which rail facilities constructed by the Company at its cost within its boundaries may be connected to the Victorian Railways network;
adequate rail motive power and rolling stock and suitable rail services to ensure the satisfactory movement of materials products and equipment to and from the Plant;
rail transportation services for the conveyance of employés of the Company or its site contractors to and from the Plant-
under such conditions as are agreed between the Victorian Railways Commissioners and the Company;
facilitate through the State Electricity Commission of Victoria and ensure the provision to the Company and to any of the associated companies that are operating on the Plant Site at a point on the boundary of the Plant Site as is agreed between the Commission and the Company of an adequate supply of electricity for construction and operation purposes under such conditions and at such rates as are agreed between the Commission and the Company; and
Sch.
authorize the Company and its associated companies to generate electricity for the requirements of the Company and its associated companies on the Plant Site and permit the Company and its associated companies to use electricity so generated in parallel with the system operated by the State Electricity Commission on such terms and conditions as are agreed between the Company and the Commission.
Where the Company has given notice to the Minister under paragraph (d) of sub-clause (1) of this clause the Chief Engineer shall before the State enters into a contract for dredging referred to in the notice consult with the Company as to the terms and conditions of the proposed contract.
PART IV-FINANCIAL
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