Notwithstanding the provisions of the principal Agreement —
4 Notwithstanding the provisions of the principal Agreement —
Upgrading of salt installations 4
The company shall, in accordance with a programme approved by the Minister, not later than the 31st day of December, 1979 and at an additional cost of $2 500 000, upgrade the Company’s common salt installations to improve both their efficiency and their security against the elements and have such work completed by the 31st day of December, 1980 to the satisfaction of the Minister.
Shipment of common salt 4
The Company shall during the continuance of this Agreement produce from the mineral lease and ship common salt at a rate of not less than 700 000 tons during each of the years ending 31st March, 1980, 1981 and 1982 and thereafter at a rate of not less than 500 000 tons per annum
Relief from potash obligations 4
The Company is relieved from its obligations under the principal Agreement in respect of potash, subject to compliance with each of the following conditions —
Investigation and report on utilisation of resource 4
The Company shall during the currency of this Agreement continue to investigate the full utilisation of the resource the subject of the mineral lease and shall report thereon to the reasonable satisfaction of the Minister at intervals of three years, the first report being due on the 31st day of December, 1981.
Third party participation 4
In the event that the State notifies the Company that a third party wishes to utilise any part of the said resource (other than common salt) the Company shall, if it does not wish to proceed with the utilisation of such part of the said resource, consult and co‑operate with the Minister and the third party on fair and reasonable conditions of usage of such part of the said resource and of access to the Company’s established facilities by the third party. If any dispute arises as to the terms and conditions under which such use shall take place, the Minister shall determine the position on the basis that the terms of any arrangement between the State, the Company and such third party shall not unduly interfere with or jeopardise the established works operation or markets of the Company and shall not be more favourable on the whole than those granted to the Company having regard to the area or part of the said resource made available to such third party PROVIDED THAT the decision of the Minister as aforesaid may at the option of the Company be referred to arbitration hereunder. The parties hereto agree to enter into any variation of this Agreement or the principal Agreement that may be necessary to give effect to the decision of the Minister or to an award made on an arbitration.
Maintenance of Langbeinite plant 4
The Company shall continue to maintain its plant referred to in paragraph (a) of subclause (1) of clause 9 of the principal Agreement until such time as the Minister is satisfied that such plant is unsuitable for use by either the Company or a third party under this subclause.
Interpretation 4
5. The provisions of the principal Agreement shall be read and construed subject to the provisions of this Agreement.
IN WITNESS WHEREOF this Agreement has been executed the day and year first hereinbefore written.
SIGNED by the said THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E., M.L.A., in the presence of | CHARLES COURT. |
ANDREW MENSAROS,
Minister for Industrial
Development.
THE COMMON SEAL OF TEXADA MINES PTY. LIMITED was hereunto affixed by the authority of the Directors and this instrument signed and countersigned by | [C.S.] |
Director Ian H. CARNE.
Secretary R. DICKINSON.
[Third Schedule inserted: No. 5 of 1979 s. 4.]
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