(1) The Company shall —
13 (1) The Company shall —
be responsible for the cost of the construction and maintenance of all its private roads used in its activities hereunder;
at its own cost erect signposts and take other steps that may be reasonable in the circumstances to prevent any persons and vehicles other than those engaged upon the Company’s activities and its invitees and licensees from using the private roads; and
at any place where any private roads are constructed by the Company so as to cross any railways or public roads provide at its cost such reasonable protection and signposting as may be required by the Commissioner of Main Roads or the Railways Commission as the case may be.
Maintenance of public roads
The State shall maintain or cause to be maintained those public roads under the control of the Commissioner of Main Roads or a local authority which may be used by the Company for the purposes of this Agreement to a standard similar to comparable public roads maintained by the Commissioner of Main Roads or a local authority as the case may be.
Upgrading of public roads
(a) In the event that for or in connection with the Company’s activities hereunder the Company or any person engaged by the Company uses or wishes to use a public road (whether referred to in subclause (2) or otherwise) which is inadequate for the purpose, or any use by the Company or any person engaged by the Company of any public road results in excessive damage to or deterioration thereof (other than fair wear and tear) then the Company shall pay to the State or the local authority as the case may require 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 public road by others.
It is declared and agreed for the purposes of this subclause that the Executive Director supplying log timber to the sawmill site pursuant to the agreement referred to in subclause (1) of Clause 10 is not a person engaged by the Company referred to in paragraph (a) of this subclause.
Transport permits
14. Subject to the observance of all statutory requirements by the Company, the Executive Director and persons carting logs for the Company or the Executive Director (as the case may require), those persons shall be issued with extra‑mass and overlength vehicle permits by the Commissioner of Main Roads appropriate to the road transport routes used by the Company, the Executive Director or other persons aforesaid as the case may be and as may be required to enable the efficient cartage of logs to the sawmill site.
Power
15. (1) The Company shall confer with the State Energy Commission with respect to the Company’s power requirements from time to time for the Company’s operations at the sawmill site.
The Company and the State Energy Commission shall enter into arrangements for the provision of power to the sawmill site if required during the currency of this Agreement on the terms and conditions to be negotiated between them.
Water
16. The water requirements of the Company for its operations at the sawmill site shall be obtained in accordance with the provisions of the Water Authority Act 1984 or other relevant Act.
No discriminatory rates
17. Except as provided in this Agreement the State shall not impose, nor shall it permit or authorise any of its agencies or instrumentalities or any local or other authority of the State to impose discriminatory taxes rates or charges of any nature whatsoever on or in respect of the titles property or other assets products materials or services used or produced by or through the Company’s pine log sawmill operations on the sawmill site nor will the State take or permit to be taken by any such authority any other discriminatory action which would deprive the Company of full enjoyment of the rights granted and intended to be granted under this Agreement.
Zoning
18. (1) The State shall ensure after consultation with the local authority having jurisdiction in respect of the sawmill site that the sawmill site shall be and remain zoned for use or otherwise protected during the currency of this Agreement so that the activities of the Company hereunder may be undertaken and carried out thereon without any interference or interruption by the State or by any State agency or instrumentality or by any local or other authority of the State on the ground that such activities are contrary to any zoning by‑law regulation or order.
Surrounding land
(a) The State shall ensure in respect of the land shown coloured blue on the said plan marked “A” that the zoning thereof shall not be changed during the currency of this Agreement to a zoning that is determined by the Minister for Planning, after consultation with the Minister and the relevant local authority, to be incompatible with or likely to restrict or adversely affect the activities of the Company under this Agreement.
The Minister may in his discretion extend the provisions of paragraph (a) of this subclause from time to time to include some or all of the land shown coloured brown on the said plan marked “A”.
In relation to the lands to which this subclause applies the State shall have due regard to the Preston Industrial Park Structure Plan as adopted by the Minister for Planning from time to time.
Resumption for the purposes of this Agreement
The State may as and for a public work under the Public Works Act 1902, resume the whole or any part or parts of the land referred to in paragraph (a) of subclause (2) and any land to which the provisions of that paragraph are extended pursuant to paragraph (b) of subclause (2) where the Minister determines that the same should be acquired for the purpose of providing land for a buffer to the sawmill site and notwithstanding any other provisions of that Act the State may sell lease or otherwise dispose of that land to the Company or other person and the provisions of subsections (2) to (7) inclusive of section 17 and section 17A of that Act shall not apply to or in respect of that land or the resumption thereof.
Assignment
19. (1) Subject to the provisions of this Clause the Company WESFI or Bunnings may at any time assign mortgage charge sublet or dispose of to any company or persons with the consent of the Minister the whole or any part of their respective rights hereunder and of their respective obligations hereunder subject however in the case of an assignment subletting or disposition to the assignee sublessee or disponee (as the case may be) executing in favour of the State (unless the Minister otherwise determines) a deed of covenant in a form to be approved by the Minister to comply with observe and perform the provisions hereof on the part of the Company WESFI or Bunnings as the case may require to be complied with observed or performed in regard to the matter or matters the subject of such assignment subletting or disposition.
Notwithstanding anything contained in or anything done under or pursuant to subclause (1) the Company WESFI or Bunnings as the case may be shall at all times during the currency of this Agreement be and remain liable for the due and punctual performance and observance of all the covenants and agreements on its part contained in this Agreement PROVIDED THAT the Minister may agree to a release from such liability where the Minister considers such release will not be contrary to the interests of the State.
Variation
20. (1) The parties to this Agreement may from time to time by agreement in writing add to substitute for cancel or vary all or any of the provisions of this Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating any of the objects of this Agreement.
The Minister shall cause any agreement made pursuant to subclause (1) to be laid on the Table of each House of Parliament within 12 sitting days next following its execution.
Either House may, within 12 sitting days of that House after the agreement has been laid before it pass a resolution disallowing the agreement, but if after the last day on which the agreement might have been disallowed neither House has passed such a resolution the agreement shall have effect from and after that last day.
Force majeure
21. This Agreement shall be deemed to be made subject to any delays in the performance of the obligations under this Agreement and to the temporary suspension of continuing obligations under this Agreement that may be caused by or arise from circumstances beyond the power and control of the party responsible for the performance of those obligations including without limiting the generality of the foregoing delays or any such temporary suspension as aforesaid caused by or arising from act of God force majeure earthquakes floods storms tempest washaways fire (unless caused by the actual fault or privity of the party responsible for such performance) act of war act of public enemies riots civil commotions strikes lockouts stoppages restraint of labour or other similar acts (whether partial or general) acts or omissions of the Commonwealth shortages of labour or essential materials reasonable failure to secure contractors delays of contractors or inability (common in the pine products industry) to sell profitably pine products or factors due to overall world economic conditions or factors due to action taken by or on behalf of any government or governmental authority (other than the State or any authority of the State) or factors that could not reasonably have been foreseen PROVIDED ALWAYS that the party whose performance of obligations is affected by any of the said causes shall promptly give notice to the other party of the event or events and shall use its best endeavours to minimise the effects of such causes as soon as possible after the occurrence.
Power to extend periods
22. Notwithstanding any provision of this Agreement the Minister may at the request of the Company from time to time extend or further extend any period or vary or further vary any date referred to in this Agreement or in any approved proposal for such period or to such later date as the Minister thinks fit whether or not the period to be extended has expired or the date to be varied has passed.
Determination of Agreement
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