The Wagerup agreement is hereby varied as follows —
6 The Wagerup agreement is hereby varied as follows —
By deleting clause 7 and substituting the following clause —
“7.
The provisions of Clause 9E of the principal agreement shall apply mutatis mutandis to any proposed modification or expansion of the production capacity of the Wagerup refinery beyond a capacity of 2 million tonnes of alumina per annum or such greater capacity as the Minister may agree Provided that no such modification or expansion shall exceed a capacity of 4 million tonnes of alumina per annum.
In respect of any proposed modification or expansion of the Wagerup refinery beyond a capacity of 2 million tonnes of alumina per annum the Minister shall refer the proposal to the Environmental Protection Authority.”.
Clause 10 —
by deleting subclauses (4), (6), (7) and (8);
by deleting subclause (5) and substituting the following subclause —
“(5) (a) The Company shall in respect of transport by rail pursuant to this Agreement pay freight charges as agreed with the Railways Commission.
The Company and the Railways Commission shall enter into a freight agreement embodying the terms and conditions under which commodities are to be carried by the Railways Commission pursuant to this Agreement and for all other related matters insofar as they are not provided for in this Agreement and from time to time may add to, substitute for or vary the freight agreement (and the freight agreement as entered into, added to, substituted or varied shall if the Company and the Railways Commission so agree operate retrospectively) and may provide for variation of the obligations referred to in this clause. The provisions of clause 28 of the principal agreement in their application to this Agreement shall not apply to the freight agreement as entered into, added to, substituted or varied pursuant to this subclause or to any variation with respect to this clause pursuant to this subclause.”.
Clause 11 —
in paragraph (a), by deleting “the Commissioner of Transport under the Transport Commission Act 1966” and substituting the following —
“the Minister responsible for the administration of the Transport Co‑ordination Act 1966”;
in paragraphs (b) and (c), by deleting “Transport Commission Act” and substituting in each place the following —
“Transport Co‑ordination Act”.
IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned.
SIGNED by the said THE | BRIAN BURKE |
D. PARKER
MINISTER FOR MINERALS AND ENERGY
THE COMMON SEAL OF ALCOA | (C.S.) |
DIRECTOR R. A. G. VINES
SECRETARY P. SPRY‑BAILEY
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