Western Port (Steel Works) Act 1970

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

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-

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;

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:

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;

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;

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-

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

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.