Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978

to Bunbury and/or Kwinana all alumina for shipment by sea produced from the Wagerup refinery;

from Bunbury and/or Kwinana to the Wagerup refinery all the Company’s requirements of bulk materials required for the operations of the refinery including caustic soda and fuel oil; and

the Company’s requirements of lime, limestone and starch if the parties agree that the tonneages distances and economics warrant the use of rail.

The provisions of subclause (1) of this clause shall not apply during any period in which the State for any reason shall be unable to transport the Company’s daily requirements by rail.

The Company may, subject to clause 14 —

transport bauxite to the Wagerup refinery by conveyor; and

transport caustic soda, and gaseous and liquid fuels by pipeline.

The Company shall, if required by the State, advance to the State a sum or sums to be agreed between the parties towards the cost of the State providing locomotives, brakevans and wagons for the purposes of this Agreement and of upgrading the existing railway from Wagerup to Bunbury and/or Kwinana according to a mutually acceptable programme. Any advances made pursuant to this paragraph shall be repaid on terms and conditions (including the rates of interest) to be agreed between the parties at the time.

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.

The Company shall in accordance with plans and specifications agreed upon between the Company and the Railways Commission at its own cost provide, maintain, and renew as necessary loading and unloading facilities sufficient at all times to meet train operating requirements and terminal equipment (including weighing devices, communication systems and fixed site radio equipment, sidings, shunting loops, spurs and other connections) together with a staff adequate to ensure the proper operation of all such loading and unloading facilities and terminal equipment.

Subject to subclauses (4) (5) and (6) of this clause the Railways Commission shall at its own cost provide maintain and service all railways, locomotives, brakevans and wagons necessary and suitable for the purposes of this Agreement.

The Company shall provide to the satisfaction of the Railways Commission adequate notice in advance of its requirements (including anticipated tonneages in each year) as to the use of the railways to enable the Railways Commission to make arrangements to meet those requirements and shall thereafter give not less than 18 months prior notice of any significant change in those requirements. In particular the Company shall agree with the Railways Commission the pattern of working including weekly and monthly despatches.