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s 2

(1) In this Agreement —

In force

2 (1) In this Agreement —

(a)

monetary references are references to Australian currency unless otherwise specifically expressed;

(b)

power given under any clause other than Clause 31 to extend any period or date shall be without prejudice to the power of the Minister under Clause 31;

(c)

clause headings do not affect the interpretation or construction;

(d)

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

(e)

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 and operation

3. (1) The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and shall endeavour to secure its passage as an Act prior to 31 December 1992.

(2)

The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation until the Bill referred to in subclause (1) has been passed by the Parliament of Western Australia and comes into operation as an Act.

(3)

If before 31 December 1992 the said Bill has not commenced to operate 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.

(4)

On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

Initial obligations of the Company

4. (1) The Company shall continue its field and office engineering, environmental, market and finance studies and other matters necessary to enable it to finalise and to submit to the Minister the detailed proposals referred to in Clause 5.

(2)

The Company shall keep the State fully informed in writing quarterly as to the progress and results of its operations under subclause (1).

(3)

The Company shall co‑operate with the State and consult with the representatives or officers of the State regarding matters referred to in subclause (1) and any other relevant studies in relation to that subclause that the Minister may wish to undertake.

Company to submit proposals

5. (1) Subject to and in accordance with the EP Act and any approvals and licences required under that Act the Company shall on or before 31 December 1993 (or by such extended date as the Minister may allow as hereinafter provided) and subject to the provisions of this Agreement submit to the Minister to the fullest extent reasonably practicable its detailed proposals (including plans and specifications where reasonably required by the Minister) with respect to the establishment and operation of a salt field having a nominal capacity of 1,500,000 tonnes of salt per annum for transportation from the land the subject of the mining lease within the area coloured blue on the said plan marked “A”, and transportation and shipment of salt produced therefrom, which proposals 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 —

(a)

the extraction and production of salt from within the project site;

(b)

roads;

(c)

workforce accommodation;

(d)

township requirements including provision of utilities and services and social infrastructure;

(e)

water supply;

(f)

electricity supply;

(g)

sewerage and drainage;

(h)

transport storage and ship loading of salt;

(i)

air services and facilities;

(j)

any other works, services or facilities desired by the Company;

(k)

use of local labour professional services manufacturers suppliers contractors and materials and measures to be taken with respect to the recruitment and training by the Company, its agents and contractors;

(l)

port facilities (including dredging and third party use);

(m)

any leases, licences or other tenures of land required from the State; and

(n)

an environmental management programme as to measures to be taken, in respect of the Company’s activities under this Agreement, for the rehabilitation, protection and management of the environment.

Order of proposals

(2)

Each of the proposals pursuant to subclause (1) may with the approval of the Minister or shall if so required by the Minister be submitted separately and in any order as to the matter or matters mentioned in one or more of paragraphs (a) to (n) of subclause (1).

Additional submissions

(3)

At the time when the Company submits the said proposals it shall —

(a)

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;

(b)

furnish to the Minister’s satisfaction evidence of —

(i)

marketing arrangements demonstrating the Company’s ability to profitably sell or use salt in accordance with the said proposals;

(ii)

the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and

(iii)

the readiness of the Company to embark upon and proceed to carry out operations referred to in the said proposals.

Consideration of proposals

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