Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978

be responsible for the cost of the construction and maintenance of all private roads which shall be used in its operations hereunder;

at its own cost make such provision as shall ensure that all persons and vehicles (other than those engaged upon the Company’s operations and its invitees and licensees) are excluded from use of any such private roads; and

at any place where such private roads are constructed by the Company so as to cross any railways or public roads provide such reasonable protection as may be required by the Commissioner of Main Roads or the Railways Commission as the case may be.

The State shall maintain or cause to be maintained public roads over which it has control (and which may be used by the Company) to a standard similar to comparable public roads maintained by the State.

In the event that the Company’s operations require the use of a public road which is inadequate for the purpose, or result in excessive damage or deterioration of any public road (other than fair wear and tear) the Company shall pay to the State the whole or an equitable part of the total cost of any upgrading required or of making good the damage or deterioration as may be reasonably required by the Commissioner of Main Roads having regard to the use of such road by others.

The Minister may, notwithstanding the provisions of the Local Government Act 1960 and the Land Act 1933, for the purpose of the Company’s operations under this Agreement after consultation with the relevant local authority and the Minister for Lands close and dispose of to the Company on such terms and conditions as the Minister considers appropriate —

those portions of the roads on the plan marked “A” referred to in clause 1 as are coloured blue; and

those portions of other roads bounded on either side by land owned by the Company as the Company may from time to time require to be closed.

If the Minister is of the opinion that the closure of portions of any road referred to in subclause (4) of this clause prevents or impedes —

reasonable public access —

from the Armadale‑Bunbury Road (also known as the South Western Highway) to the Bunbury Highway (also known as the Old Coast Road); or

from the Armadale‑Bunbury Road to the Darling escarpment; or

between areas north and south of the Wagerup refinery site;

any owner or occupier of land abutting or contiguous to such road from having reasonable access to a public road, the Minister may require the Company to construct or, where applicable upgrade, at its own expense to a standard similar to comparable public roads constructed by the State or local authority as the case may be, a road or roads to provide such access.

The parties hereto further covenant and agree with each other that —

for the purposes of determining whether and the extent to which —

the Company is liable to any person or body corporate (other than the State); or

an action is maintainable by any such person or body corporate

for the purposes of this clause the terms “municipality” “street” and “care control and management” shall have the meaning which they respectively have in the Local Government Act 1960.