In this Agreement —
2 In this Agreement —
monetary references are references to Australian currency unless otherwise specifically expressed;
power given under any clause other than Clause 22 to extend any period or date shall be without prejudice to the power of the Minister under Clause 22;
clause headings do not affect the interpretation or construction;
words in the singular shall include the plural and words in the plural shall include the singular according to the requirements of the context; and
reference to an Act includes the amendments to that Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder.
Ratification of Agreement
3. 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 1 July 1992 or such later date as the parties hereto may agree.
Commencement and operation of Agreement
4. (1) The provisions of this Agreement other than this Clause and Clauses 1, 2 and 3 shall not commence to operate until the Bill referred to in Clause 3 has been passed by the Parliament of Western Australia and comes into operation as an Act.
If before 1 July 1992 or such later date as may be agreed pursuant to Clause 3 the said Bill has not come into operation as an Act then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party hereto 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 coming into operation as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.
Company to submit proposals
5. (1) The Company shall on or before 30 September 1992 and subject to EP Act and to the provisions of this Agreement submit to the Minister to the fullest extent reasonably practicable its detailed proposals for the scheduled works which proposals shall include plans where appropriate and specifications where reasonably required by the Minister and shall include the location, area, lay‑out, design, quantities, materials and time programme for the commencement and completion of construction or the provision (as the case may be) of each of the following matters, namely —
the expansion in stages of the pine log sawmill to a log input capacity of 400,000 cubic metres per year in accordance with the scheduled works;
personnel requirements and recruitment policies;
transport;
power supply;
water supply;
use of local labour professional services manufacturers suppliers contractors and materials and measures to be taken with respect to the engagement and training of employees by the Company, its agents and contractors in connection with the scheduled works; and
an environmental management programme as to measures to be taken, in respect of the Company’s obligations under the EP Act, for the protection and management of the environment in relation to its activities under this Agreement.
Order of proposals
The proposals pursuant to subclause (1) may with the approval of the Minister or if so required by him shall be submitted separately and in any order as to the matter or matters mentioned in one or more of paragraphs (a) to (g) of subclause (1).
Use of existing infrastructure
The proposals pursuant to subclause (1) may with the approval of the Minister and that of any other parties concerned instead of providing for the construction of new facilities or equipment or the provision of new services of the kind therein mentioned provide for the use by the Company of any existing facilities equipment or services of such kind belonging to the Company or, upon reasonable terms and conditions, of any other existing facilities equipment or services of such kind.
Additional submissions
At the time when the Company submits the said proposals it shall submit to the Minister details of any services (including any elements of the project investigations design and management) and any works materials plant equipment and supplies that it proposes to consider obtaining from or having carried out or permitting to be obtained from or carried out outside Australia together with its reasons therefor and shall, if required by the Minister, consult with the Minister with respect thereto.
Marketing and financial arrangements
At the time when the Company submits the said proposals it shall furnish to the Minister’s reasonable satisfaction —
details of marketing arrangements demonstrating the Company’s ability to profitably sell or use pine log products and by‑products manufactured at the pine log sawmill;
details of the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and
confirmation of the readiness of the Company to embark upon and proceed to carry out the operations referred to in those proposals.
Consideration of proposals
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