(1) The State shall exempt from any stamp duty which but for the operation of this Clause would or might be assessed and chargeable on —
38 (1) The State shall exempt from any stamp duty which but for the operation of this Clause would or might be assessed and chargeable on —
this Agreement;
instruments of transfer dated 9 October 1992 under the Mining Act by Gulf Holdings Pty Limited to the Company of Exploration Licence Nos. 08/372, 08/335 and 08/373;
any instrument executed by the State pursuant to this Agreement granting to or in favour of the Company or any permitted assignee any tenement lease licence easement or other right or rights; and
assignments made by the Company in conformity with the provisions of subclause 1 of Clause 27,
PROVIDED THAT this subclause shall not apply to any instrument or other document executed or made more than 2 years from 31 December 1992.
If prior to 31 December 1994 stamp duty has been assessed and paid on any instrument or other document or transaction referred to in subclause (1) the State when such Bill is passed as an Act shall on demand refund any stamp duty paid on any such instrument or other document or transaction to the person who paid the same.
Arbitration
39. (1) Any dispute or difference between the parties arising out of or in connection with this Agreement the construction of this Agreement or as to the rights duties or liabilities of either party under this Agreement or as to any matter to be agreed upon between the parties under this Agreement shall in default of agreement between the parties and in the absence of any provision in this Agreement to the contrary be referred to and settled by arbitration under the provisions of the Commercial Arbitration Act 1985 and notwithstanding section 20(1) of that Act each party may be represented before the arbitrator by a duly qualified legal practitioner or other representative.
Except where otherwise provided in this Agreement, the provisions of this Clause shall not apply to any case where the State the Minister or any other Minister in the Government of the State is by this Agreement given either expressly or impliedly a discretionary power.
The arbitrator of any submission to arbitration under this Agreement is hereby empowered upon the application of either of the parties to grant in the name of the Minister any interim extension of any period or variation of any date referred to herein which having regard to the circumstances may reasonably be required in order to preserve the rights of that party or of the parties under this Agreement and an award may in the name of the Minister grant any further extension or variation for that purpose.
Consultation
40. The Company shall during the currency of this Agreement consult with and keep the State fully informed on a confidential basis concerning any action that the Company proposes to take with any third party (including the Commonwealth or any Commonwealth constituted agency authority instrumentality or other body) which might significantly affect the overall interest of the State under this Agreement.
Notices
41. Any notice consent or other writing authorised or required by this Agreement to be given or sent shall be deemed to have been duly given or sent by the State if signed by the Minister or by any senior officer of the Public Service of the said State acting by the direction of the Minister and forwarded by prepaid post or handed to the Company at its address hereinbefore set forth or other address in the said State nominated by the Company to the Minister and by the Company if signed on its behalf by any person or persons authorised by the Company or by its solicitors as notified to the State from time to time and forwarded by prepaid post or handed to the Minister and except in the case of personal service any such notice consent or writing shall be deemed to have been duly given or sent on the day on which it would be delivered in the ordinary course of post.
Term of Agreement
42. Subject to the provisions of subclause (6) of Clause 6 and Clauses 32 and 33, this Agreement shall expire on the expiration or sooner determination or surrender of the mining leases.
Applicable law
43. This Agreement shall be interpreted according to the law for the time being in force in the State of Western Australia.
THE SCHEDULE
WESTERN AUSTRALIA
MINING ACT 1978
ONSLOW SALT AGREEMENT 1992
MINING LEASE
MINING LEASE NO. S.A.
The Minister for Mines a corporation sole established by the Mining Act 1978 with power to grant leases of land for the purposes of mining in consideration of the rents and royalties reserved by the Agreement described in the Second Schedule to this lease (hereinafter called “the Agreement”) and of the covenants on the part of the Lessee described in the First Schedule to this lease and of the conditions hereinafter contained and pursuant to the Mining Act 1978 (except as otherwise provided by the Agreement) hereby leases to the Lessee the land more particularly delineated and described in the Third Schedule to this lease for evaporites as defined in the Agreement subject however to the exceptions and reservations set out in the Fourth Schedule to this lease and to any other exceptions and reservations which subject to the Agreement are by the Mining Act 1978 and by any Act for the time being in force deemed to be contained herein to hold to the Lessee this lease for a term of twenty‑one years commencing on the date set out in the Fifth Schedule to this lease upon and subject to such of the provisions of the Mining Act 1978 except as otherwise provided by the Agreement as are applicable to mining leases granted thereunder and to the covenants and conditions herein contained or implied and any further conditions or stipulations set out in the Sixth Schedule to this lease the Lessee paying therefor the rents and royalties as provided in the Agreement with the right during the currency of the Agreement and in accordance with the provisions of the Agreement to take two successive renewals of the term each for a further period of twenty one years upon the same terms and conditions subject to the sooner determination of the said term upon cessation or determination of the Agreement PROVIDED ALWAYS that this lease and any renewal thereof shall not be determined or forfeited otherwise than in accordance with the Agreement.
In this Lease —
— “Lessee” includes the respective successors and permitted assigns of each Lessee.
— If the Lessee be more than one the liability of the Lessee hereunder shall be joint and several.
— Reference to an Act includes all amendments to that Act and to any Act passed in substitution therefor or in lieu thereof and to the regulations and by‑laws for the time being in force thereunder.
FIRST SCHEDULE
ONSLOW SALT PTY LTD A.C.N. 050 159 558 a company incorporated in the State of Western Australia and having its registered office at Suite 6, 18 Harvest Terrace, West Perth
SECOND SCHEDULE
The Agreement made between the STATE OF WESTERN AUSTRALIA and ONSLOW SALT PTY LTD and ratified by the Onslow Salt Agreement Act 1992.
THIRD SCHEDULE
(Description of Land:)
Locality:
Mineral Field: Area, etc:
Being the land delineated on Survey Diagram No. and recorded in the Department of Minerals and Energy, Perth.
FOURTH SCHEDULE
All petroleum as defined in the Petroleum Act 1967 on or below the surface of the land the subject of this lease is reserved to the Crown in right of the State of Western Australia with the right of the Crown in right of the State of Western Australia and any person lawfully claiming thereunder or otherwise authorised to do so to have access to the land the subject of this lease for the purpose of search for and for the operations of obtaining petroleum (as so defined) in any part of the land.
FIFTH SCHEDULE
(Date of Commencement of the Mining Lease)
SIXTH SCHEDULE
(Any further conditions or stipulations)
IN witness whereof the Minister for Mines has affixed his seal and set this hand hereto this 2nd day of November 1992
SIGNED by the said THE HONOURABLE CARMEN MARY LAWRENCE in the presence of:
MINISTER FOR STATE DEVELOPMENT Ian TAYLOR
THE COMMON SEAL of ONSLOW SALT PTY LTD ONSLOW SALT PTY LTD was A.C.N. 050 159 558 hereunto affixed by authority [C.S.] of the Directors in the presence of:
____________________
Director (George Neville Lewis HAMMOND)
____________________
Director/Secretary (Russell Leon HALPERN)
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