(1) The Company shall, for the purposes of this Agreement as far as it is reasonable and economically practicable —
9F (1) The Company shall, for the purposes of this Agreement as far as it is reasonable and economically practicable —
use the services of engineers, surveyors, architects and other professional consultants resident and available within the said State;
use labour available within the said State;
when calling for tenders and letting contracts for works materials plant equipment and supplies ensure that Western Australian manufacturers and contractors are given fair and reasonable opportunity to tender or quote; and
give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors when letting contracts or placing orders for works materials plant equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere.
The Company shall from time to time during the implementation of an approved proposal under clause 9E of this Agreement when requested by the Minister submit a report concerning its implementation of the provisions of subclause (1) of this clause.”.
Clause 10 —
subclause (4) —
by deleting “in respect of each financial year freight charges based upon the total tonnage of ore transported as aforesaid in that year as set out in the first column of the first part of the Schedule to this clause at the rates per ton mile set out in the second column of such Part; and substituting the following —
“freight charges as agreed with the Railways Commission”;
by inserting after subclause (4) the following subclause —
“(4a) 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 clause 10 hereof. The provisions of clause 28 of 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 clause 10 hereof pursuant to this subclause.”;
by deleting subclauses (5), (6), (7), (8), (9), (10) and (11) and the Schedule to clause 10 and clause 10A.
Clause 13 —
subclauses (2) and (3) —
by deleting “Conservator of Forests” and “Conservator” wherever they occur and substituting in each place the following —
“Executive Director”;
subclause (4) —
by deleting “Forest Department” in both cases where it occurs and substituting in each place the following —
“Department of Conservation and Land Management”.
Clause 14 subclause (1) —
by deleting “Electricity” and substituting the following —
“Energy”.
Clause 17 subclause (7) —
by deleting “prior to the 31st day of December 1986”;
by inserting after “Company” the following —
“and any assignee of an interest in the separate mineral lease”.
Clause 18 —
by inserting after “mining activities” the following —
“under this Agreement”.
Clause 20 —
by inserting after “Company’s business” the following —
“with respect to bauxite, gallium or by‑products”.
Clause 24 subclause (2) —
by deleting “the Board constituted under the State Transport Co‑ordination Act 1933” and substituting the following —
“the Minister responsible for the administration of the Transport Co‑ordination Act 1966”.
By inserting after clause 25 the following clause —
“25A. (1) Notwithstanding anything contained or implied in the mineral lease or any separate mineral lease or the Mining Act 1978 the State subject to the provisions of this clause may grant to or register in favour of persons other than the Company mining tenements under the Mining Act 1978 or pursuant to the Second Schedule to that Act in respect of the area subject to the mineral lease or any separate mineral lease for minerals other than bauxite unless the Minister for Mines determines that such grant or registration is likely unduly to prejudice or interfere with the current or prospective operations of the Company hereunder or an assignee of an interest in a separate mineral lease with respect to bauxite assuming the taking by the Company or assignee as the case may be of reasonable steps to avoid the prejudice or interference or is likely to reduce the Company’s or assignee’s economically extractable bauxite reserves.
(a) In respect of any application for a mining tenement whether made under the Mining Act 1904 or the Mining Act 1978 in respect of an area the subject of the mineral lease or a separate mineral lease the Minister shall consult with the Company and any assignee of an interest in the separate mineral lease with respect to the significance of bauxite deposits in, on or under the land the subject of the application and any effect the grant of a mining tenement pursuant to such application might have on the current or prospective bauxite operations of the Company (and any assignee as aforesaid) under this Agreement.
Where the Minister, after taking into account any matters raised by the Company or assignee in his consultation with it or them, determines that the grant or registration of the application is likely to have the effect on the operations of the Company or assignee or the reserves of bauxite referred to in subclause (1) of this clause he shall, by notice served on the Warden to whom the application was made, refuse the application, whether or not the application has been heard by the Warden.
Where the Minister does not refuse an application for a mining tenement pursuant to subclause (2) of this clause such application shall be disposed of under and in accordance with the Mining Act 1978 or pursuant to the Second Schedule to that Act as the case may require and the Company or any assignee of an interest in a separate mining lease may exercise in respect of the application any right that it may have under that Act to object to the granting of the application. Any mining tenement granted pursuant to such application shall, in addition to any covenants and conditions that may be prescribed or imposed, be granted subject to such conditions as the Minister for Mines may determine having regard to the matters the subject of the consultation with the Company or assignee pursuant to subclause (2)(a) of this clause.
(a) On the grant of any mining tenement pursuant to an application to which this clause applies the land the subject thereof shall thereupon be deemed excised from the mineral lease and the leased area or separate mineral lease as the case may be (with abatement of future rent in respect of the area excised).
On the expiration or sooner determination of any such mining tenement or, where that mining tenement is —
a prospecting licence or exploration licence and a substitute tenement is granted in respect thereof pursuant to an application made under section 49 or section 67 of the Mining Act 1978; or
a mining tenement granted pursuant to the Second Schedule to the Mining Act 1978 and a substitute title is granted pursuant to that Schedule,
on the expiration or sooner determination of the substitute title the land the subject of such mining tenement or substitute title as the case may be shall thereupon be deemed to be part of the land in the mineral lease and shall be subject to the terms and conditions of the mineral lease or the separate mineral lease as the case may be and this Agreement.”.
Clause 31 —
by deleting “Arbitration Act 1895” and substituting the following —
“Commercial Arbitration Act 1895, and notwithstanding section 20(1) of that Act each party may be represented by a duly qualified legal practitioner or other representative”.
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