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s 4

1987 Variation Agreement

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Part IWagerup

4 1987 Variation Agreement

The Agreement is amended in accordance with the 1987 Variation Agreement.

[Section 4 inserted: No. 86 of 1987 s.15.]

[Parts II and III omitted under the Reprints Act 1984 s. 7(4)(e).]

Schedule — Alumina Refinery (Wagerup) Agreement

[s. 2]

[Heading amended: No. 19 of 2010 s. 4.]

THIS AGREEMENT made the 18th day of April, 1978 BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E., M.L.A. Premier of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities (hereinafter referred to as “the State”) of the one part and ALCOA OF AUSTRALIA LIMITED the name whereof was formerly Western Aluminium No Liability, later Alcoa of Australia (W.A.) N.L. and later ALCOA OF AUSTRALIA (W.A.) LIMITED a company duly incorporated under the Companies Statutes of the State of Victoria and having its principal office in that State at 535 Bourke Street, Melbourne and having its registered office in the State of Western Australia at Hope Valley Road, Kwinana (hereinafter referred to as “the Company” which term shall include its successors and permitted assigns) of the other part.

WHEREAS:

(a)

The parties are the parties to —

(i)

the agreement between them defined in section 2 of the Alumina Refinery Agreement Act 1961‑1974 of the State of Western Australia (which agreement is hereinafter referred to as “the principal agreement”);

(ii)

the agreement between them defined in section 1A of the Alumina Refinery (Pinjarra) Agreement Act 1969‑1976 of the State of Western Australia (which agreement is hereinafter referred to as “the Pinjarra agreement”);

(b)

the Company has pursuant to the principal agreement established at Kwinana a refinery, a berth and other services and facilities relating thereto;

(c)

the Company has pursuant to the Pinjarra agreement established near Pinjarra a refinery and related facilities for the production and shipment of alumina and at Bunbury a berth and other services and facilities relating thereto;

(d)

the Company desires to establish an additional refinery with an ultimate planned capacity of 4 000 000 tonnes of alumina per annum at or near Wagerup and related facilities for the production of alumina from bauxite mined from within mineral leases granted pursuant to the principal agreement and for the shipment of such alumina;

(e)

it is desired to make provision for the grant of additional rights to and the undertaking of additional obligations by the Company as hereinafter provided;

(f)

it is desired to amend the principal agreement and the Pinjarra agreement as hereinafter provided.

NOW THIS AGREEMENT WITNESSETH:

Interpretation 2

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Section 4 — 1987 Variation Agreement — Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 (Western Australia) — Barrister AI