In this Agreement subject to the context —
1 In this Agreement subject to the context —
“advise”, “apply”, “approve”, “approval”, “consent”, “certify”, “direct”, “notify”, “request”, or “require”, means advise, apply, approve, approval, consent, certify, direct, notify, request, or require in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning;
“approved proposal” means a proposal approved or determined under this Agreement;
“Bunnings softwood plantations” means —
land as at the date of this Agreement which is owned by Bunnings or its related bodies corporate in the said State on which trees of Pinus species radiata or pinaster are grown;
land on which trees of Pinus species radiata or pinaster are grown and in respect of which Bunnings or its related bodies corporate has, at the date of this Agreement, a contractual right to acquire sawlogs; and
lands on which trees of Pinus species radiata or pinaster are grown and which after the date of this Agreement are owned by Bunnings or its related bodies corporate or in respect of which Bunnings or its related bodies corporate has, after the date of this Agreement, a contractual right to acquire sawlogs;
“CALM Act” means the Conservation and Land Management Act 1984;
“Clause” means a clause of this Agreement;
“Commonwealth” means the Commonwealth of Australia and includes the Government for the time being thereof;
“EP Act” means the Environmental Protection Act 1986;
“Executive Director” means the Executive Director of the Department of Conservation and Land Management referred to in section 38(1) of the CALM Act;
“local authority” means the council of a municipality that is a city, town or shire constituted under the Local Government Act 1960;
“log timber” means sawlog quality timber comprising Pinus species radiata and pinaster grown in State softwood forest and felled for the purpose of the agreement referred to in subclause (1) of Clause 10;
“management plans” means management plans published under section 60 of the CALM Act;
“Minister” means the Minister in the Government of the State for the time being responsible for the administration of the Act to ratify this Agreement and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Company and includes the successors in office of the Minister;
“Minister for Planning” means the Minister in the Government of the State for the time being responsible for the administration of the Town Planning and Development Act 1928;
“month” means calendar month;
“notice” means notice in writing;
“person” or “persons” includes bodies corporate;
“pine log sawmill” means the sawmill and ancillary buildings on the sawmill site;
“public road” means a road as defined by the Road Traffic Act 1974;
“related bodies corporate” means bodies corporate related within the meaning of that term in section 50 of the Corporations Act 1989 of the Commonwealth to Bunnings or WESFI as the case may require;
“said State” means the State of Western Australia;
“sawmill site” means the land at Dardanup shown coloured red on the plan marked “A” initialled by or on behalf of the parties hereto for the purpose of identification;
“scheduled works” means the expansion in stages, pursuant to market demand, of the pine log sawmill as outlined in the Schedule to this Agreement;
“State Energy Commission” means The State Energy Commission of Western Australia as described in section 7 of the State Energy Commission Act 1979;
“State softwood forest” means any land in the Swan, Central and Southern Forest Regions as those areas are at the date of this Agreement defined under the relevant management plans on which trees of Pinus species radiata or pinaster are grown and which is held or occupied by the Executive Director under the CALM Act or in respect of which an agreement for harvesting and selling softwood on that land has been made between the Executive Director and another person under or pursuant to the CALM Act, but not including any land the subject of Bunnings softwood plantations or WESFI softwood plantations;
“subclause” means subclause of the Clause in which the term is used;
“this Agreement” “hereof” and “hereunder” refer to this Agreement (including the Schedule) whether in its original form or as from time to time added to varied or amended;
“WESFI softwood plantations” means —
land as at the date of this Agreement which is owned by WESFI or its related bodies corporate in the said State on which trees of Pinus species radiata or pinaster are grown;
land on which trees of Pinus species radiata or pinaster are grown and in respect of which WESFI or its related bodies corporate has, at the date of this Agreement, a contractual right to acquire sawlogs.
lands on which trees of Pinus species radiata or pinaster are grown and which after the date of this Agreement are owned by WESFI or its related bodies corporate or in respect of which WESFI or its related bodies corporate has, after the date of this Agreement, a contractual right to acquire sawlogs.
Interpretation
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