Onslow Solar Salt Agreement Act 1992

“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;

“base rate” means with respect to rental the rates specified in subclause (3) of Clause 10 and subclause (2) of Clause 13, and with respect to royalty the rate specified in subclause (1) of Clause 11;

“Clause” means a clause of this Agreement;

“commencement date” means the date the Bill referred to in Clause 3 comes into operation as an Act;

“Commonwealth” means the Commonwealth of Australia and includes the Government for the time being thereof;

“Company’s workforce” means the persons connected directly with the Company’s activities under this Agreement, whether or not such persons are employed by the Company (and the dependants of those persons);

“EP Act” means the Environmental Protection Act 1986;

“evaporites” means minerals chemicals elements salts and substances which are or have been deposited from aqueous solutions as a result of extensive or total evaporation of the solvent or changes in temperature of the solvent and includes all products derived from the evaporation of sea water sea water concentrates or brine including but not limited to the chlorides sulphates carbonates bromides and iodides of any of sodium potassium magnesium lithium or boron and any double or complex salts that can be obtained therefrom and any substances that develop through metamorphism of other evaporites and any elements gases or organic substances contained in evaporite salts;

“Land Act” means the Land Act 1933;

“Mining Act” means the Mining Act 1978;

“mining leases” means the mining leases granted pursuant to Clause 10 and includes any renewal thereof and according to the requirements of the context shall describe the area of land demised as well as the instrument by which it is demised;

“Minister” means the Minister of 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 Mines” means the Minister of the Government of the State for the time being responsible for the administration of the Mining Act;

“month” means calendar month;

“notice” means notice in writing;

“person” or “persons” includes bodies corporate;

“private road” means a road (not being a public road) constructed by the Company in accordance with an approved proposal or agreed by the parties hereto to be a private road for the purposes of this Agreement;

“project site” means any land leased or the subject of a licence held by the Company pursuant to this Agreement including land coloured blue or red on the plan marked “A” initialled by or on behalf of the parties hereto for the purpose of identification;

“public road” means a road defined by the Road Traffic Act 1974;

“State” means the State of Western Australia;

“salt” means the evaporite sodium chloride;

“State Energy Commission” means The State Energy Commission of Western Australia as described in section 7 of the State Energy Commission Act 1979;

“subclause” means subclause of the Clause in which the term is used;

“this Agreement” “herein” “hereof” and “hereunder” refer to this Agreement whether in its original form or as from time to time added to varied or amended;

“transport” means the transport of salt from the project site;

“wharf” means the private wharf to be constructed by the Company within the Port of Onslow.

Interpretation