Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978

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 suppliers manufacturers and contractors are given 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 currency of this Agreement when requested by the Minister submit a report concerning its implementation of the provisions of subclause (1) of this clause.

The parties recognise that as a consequence in part of the progressive development of the Company’s operations hereunder the need will progressively develop in the Wagerup region for additional sewerage treatment works water supply headworks main drainage educational hospital and police services. The Company accepts the principle of fair and reasonable sharing by it whether by way of capital contribution or otherwise of the costs of establishing and extending such works and services having regard to the benefits flowing to the State, the community, the Company and others therefrom.

For the purposes of this clause the “Wagerup region” refers to established townships in the vicinity of the Wagerup refinery and the immediate neighbourhoods of those towns, and such other areas as the Minister and the Company may from time to time agree.

bauxite, or any other substance required for the operation of the Wagerup refinery, or

alumina or any other substance produced as the result of the operations of the Wagerup refinery,

The provisions of subclause (1) of this clause shall not apply in respect of the construction of any road, conveyor or pipeline, on land owned by the Company, but nothing in this subclause shall exempt the Company from compliance with the provisions of any Act from time to time in force relating thereto.

Any railway to be constructed pursuant to subclause (1) of this clause shall subject to the approved proposal be constructed by the Railways Commission at the cost of the Company and the provisions of section 96 of the Public Works Act 1902 shall not apply to such construction. Any such railway shall for all purposes, be deemed to be constructed under the authority of a special Act passed on the date of the said approved proposal and in accordance with section 96(1) of the Public Works Act.

The State shall grant to the Company on such terms as the parties hereto shall agree such, easements over Crown land as may be necessary to enable the Company to proceed with construction pursuant to this clause.

The Company shall in respect of works constructed on easements granted pursuant to subclause (4) of this clause, take such measures as may be necessary to protect such works and to prevent injury or damage to the public.

Subject to subclause (1) the State shall grant to the Company pursuant to the provisions of the Rights in Water and Irrigation Act 1914, a licence or licences to permit the Company to obtain water from above and/or below the surface of the Wagerup refinery site up to a specified maximum annual quantity in respect of each such source Provided However that the State may after consultation with the Company, having regard to the water requirements of the Company, amend such licence from time to time.

The parties recognise that as development of the Company’s water resources pursuant to subclause (1) of this clause will be at the expense of the Company, the Company will at all times be entitled to a first call on surface water from sources situate within the Wagerup refinery site. Subject to the foregoing, should at any time there not be available for any cause (including an amendment of any licence granted under subclause (2) of this clause) an adequate supply of water for the Company’s requirements, the State will promptly use reasonable endeavours to establish an alternative or supplementary supply and the Company will contribute a fair and reasonable proportion of the costs involved.