The State shall —
2 The State shall —
introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31st December, 1978; and
to the extent reasonably necessary for the purposes of this Agreement but subject to the provisions of clause 13 (2) of the principal agreement where applicable allow the Company to enter upon Crown lands.
Ratification and operation 2
3. (1) The provisions of this Agreement other than this clause and clauses 1 and 2 shall not come into operation until the Bill referred to in clause 2 has been passed by the Parliament of Western Australia and comes into operation as an Act.
If before 31st December, 1978 the said Bill is not passed then unless the parties hereto otherwise agree this Agreement shall then cease and determine and neither of the parties hereto shall have any claim against the other of them with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement.
On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.
Refinery 2
4. The Company shall, subject to the approval by the State of the environmental review and management programme, commence to construct the Wagerup refinery at the Wagerup refinery site and thereafter continue such construction and —
within 3 years of the date upon which the environmental review and management programme is approved, complete and have in operation the first stage of the Wagerup refinery with a capacity to produce not less than 200 000 tonnes of alumina per annum, and
within 15 years of the date upon which the first stage of the Wagerup refinery is completed and in operation pursuant to paragraph (a) of this clause, expand the Wagerup refinery to have a capacity to produce approximately 2 000 000 tonnes of alumina per annum.
PROVIDED THAT if the Company shall in writing reasonably demonstrate to the Minister that it has used its best endeavours to negotiate, on terms reasonably acceptable to the Company, the finance required to construct or, as the case may be, expand the Wagerup refinery and to complete, on terms reasonably acceptable to the Company, the sales contracts necessary for the sale of alumina produced at the Wagerup refinery to make the Company’s project economically practicable, but because of prevailing finance and/or market conditions it has been unsuccessful, the Minister shall grant the Company such extensions of time as are appropriate to the situation PROVIDED FURTHER that nothing in this clause shall limit the effect of clause 29 of the principal agreement or clause 11 of the Pinjarra Agreement.
Mining Plan 2
5. The Company after consultation with the Conservator of Forests will prepare and submit to the State not later than two years after the 30th day of June, 1978 a plan in reasonable detail of its proposed mining operations upon areas of State Forest and Crown land during the succeeding ten years and such plan after like consultation shall be reviewed and resubmitted thereafter at yearly intervals.
Environment, Environmental Review and Management Programme 2
6. (1) On or before 30th June, 1978 the Company shall submit to the Minister for approval by the State a detailed environmental review and management programme as to measures to be taken in respect of the Company’s undertakings pursuant to clause 4 and the mining operations associated therewith for the protection and management of the environment including rehabilitation and/or restoration of the mined areas and areas used for the disposal of red mud, the prevention of the discharge of tailings, slimes, pollutants or overburden and the minimization of salt release into the surrounding country, water courses, lakes or underground water supplies and the prevention of soil erosion.
Continuous programme of investigation and research 2
The Company shall implement the environmental review and management programme approved under subclause (1) of this clause and any variation thereof that the State may approve from time to time and shall carry out continuous investigations and research (including monitoring and the study of sample areas to ascertain the effectiveness of the measures it is taking pursuant to the approved environmental review and management programme for the protection and management of the environment.
Reports 2
The Company shall, during the currency of this Agreement, at yearly intervals commencing twelve months after the environmental review and management programme is approved submit an interim report to the State concerning investigations and research carried out pursuant to subclause (2) of this clause and at 3 yearly intervals commencing from such date submit a detailed report to the State on the result of the investigations and research during the previous 3 years.
Additional information 2
The State may require the Company to submit such additional information as may be reasonably required in respect of all or any of the matters the subject of the detailed report.
Environment. Further expansion of refinery 2
7. If the Company proposes to expand the refinery beyond a capacity of 2 000 000 tonnes per annum to any capacity not exceeding 4 000 000 tonnes per annum the provisions of clause 6 shall apply mutatis mutandis in respect of the Company’s proposed expansion and the mining operations associated therewith.
State Energy Commission. Establishment of facilities 2
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