Uranium (Yeelirrie) Agreement Act 1978

use the services of engineers, surveyors, architects and other professional consultants resident and available within the said State;

use labour available within the said State;

when calling for tenders and letting contracts for works materials plant equipment and supplies ensure that Western Australian suppliers manufacturers and contractors are given reasonable opportunity to tender or quote; and

give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors when letting contracts or placing orders for works materials plant equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere.

The Corporation shall from time to time during the currency of this Agreement when requested by the Minister submit a report concerning its implementation of the provisions of subclause (1) of this Clause.

The Corporation shall at its cost and in collaboration with the State continue to search for underground water within the mining areas. Where appropriate the Corporation shall employ and retain experienced groundwater consultants. The Corporation shall furnish to the Minister details of the results of its investigations and copies of the reports of such consultants as they become available.

If in the opinion of the Minister, the details and reports of the consultants pursuant to subclause (2) of this Clause indicate that any source of underground water in the mining areas is likely to be inadequate or unsuitable to supply the Corporation’s daily water requirements the parties hereto shall collaborate and agree on a programme which shall be carried out by and at the cost of the Corporation to search for water inside and outside the mining areas. The State may at its discretion require the Corporation to extend such water search to provide a quantity of water greater than that required to supply the Corporation’s daily water requirements, but in that event, the cost of such search shall be shared by the parties hereto in such a manner as may be agreed to be fair in all the circumstances.

If the investigations referred to in subclauses (2) and (3) of this Clause prove to the satisfaction of the Minister the availability of any suitable underground water source in or near the mining areas which can continue to be drawn on by the Corporation without seriously affecting the water level in that water source beneath the mining areas or adjacent areas or the availability of water in the adjacent areas the State shall grant to the Corporation a licence to develop and draw from that source without cost, the Corporation’s daily water requirements on such terms and conditions as are necessary to ensure good water resource management as the Minister may from time to time require and during the continuance of this Agreement grant renewals of any such licence PROVIDED HOWEVER that should that source prove hydrologically inadequate to meet the Corporation’s daily water requirements, the State may on at least 6 months prior notice to the Corporation (or on at least 48 hours prior notice if in the opinion of the Minister an emergency situation exists) limit the amount of water which may be taken from that source at any one time or from time to time to the maximum which that source is hydrologically capable of meeting as aforesaid.

The Corporation shall provide at its cost or with finance arranged by it and construct to standards and in accordance with designs approved by the State in accordance with the relevant approved proposal all necessary bores valves pipelines meters tanks equipment and appurtenances necessary to draw transport use and dispose of water drawn from sources licensed to the Corporation under this Clause.

Should the State at any time pursuant to the proviso to subclause (4) of this Clause limit the amount of water to be taken from any water source or if otherwise the Corporation’s daily water requirements cannot be met from any water source on a continuous basis the State shall with all reasonable expedition and in conjunction with and upon the request of the Corporation search for new or additional underground water sources with a view to restoring or ensuring the full quantity of the Corporation’s daily water requirements. The Corporation shall pay to the State a fair and reasonable proportion of the cost of investigating and developing such new and additional water sources as agreed between the Corporation and the State.

The State shall use its best endeavours to supply the Corporation with sufficient water (subject to availability of supply from other sources and to prior commitments if any to third parties) to meet that portion of the Corporation’s daily water requirements not obtainable from the water sources referred to in subclause (4) of this Clause pending the establishment of new and additional water sources pursuant to subclause (6) of this Clause on such terms and conditions as the Minister may determine after consultation with the Corporation.

In the event of water supplies from available underground sources proving insufficient to meet the Corporation’s daily water requirements the Corporation shall notwithstanding the provisions of subclause (4) of this Clause collaborate with the State in an investigation of surface water catchments and storage dams. The Corporation shall if it proposes to utilise such surface water, water catchments and storage dams pay to the State a sum or sums to be agreed towards the cost of such investigation and towards the cost of constructing any water storage dam or dams and reticulation facilities required.

If during the currency of any licence granted under the provisions of this Clause the Minister is of the opinion that it would be desirable for water conservation purposes or water management purposes that sources of water licensed to the Corporation be controlled and operated by the State as part of a regional water supply scheme the Minister may on giving 6 months prior notice to the Corporation of his intention revoke that licence and acquire the Corporation’s water supply facilities for a monetary consideration to be determined by the Minister. Immediately from the revocation of that licence the State shall, subject only to the continued hydrological availability of water from such sources, commence and thereafter continue to supply water to an amount and at a rate required by the Corporation being the amount and rate to which the Corporation was entitled under that revoked licence and the proviso to subclause (4) of this Clause and the provisions of subclause (6) of this Clause shall in like manner apply to this subclause.

The State, after first having due regard to the Corporation’s daily water requirements and to the hydrological adequacy of existing water sources, may in its discretion develop all or any of the surface and/or underground water resources referred to in this Clause or construct any works in connection therewith to a greater capacity than that required to supply the Corporation’s daily water requirements but in that event the Corporation shall pay to the State a share of the cost of the system as so enlarged as may be agreed between the parties to he fair in all the circumstances.

The State may after first having due regard to the Corporation’s daily water requirements and to the hydrological adequacy of the applicable water source, upon not less than 3 months prior notice to the Corporation specifying the identity of the third party including where applicable the State and the estimated maximum daily and total quantity of water to be drawn by that third party and the period over which such drawing is to occur, grant to a third party rights to draw water or itself draw water from that water source PROVIDED HOWEVER that —

where the Corporation has paid (in whole or in part) any moneys in respect of the investigation development and utilisation of that water source the State shall require as a condition of the grant that where the third party is or will be a substantial drawer of water from that water source within 5 years of the commencement date the third party (but not the State) shall reimburse to the Corporation prior to the third party exercising its rights to draw water, a proportion of such moneys as the Minister determines is fair and reasonable; and

where the Corporation draws water from that water source the State shall ensure that it is a condition of the grant to third parties that in the event that the capacity of that water source is reduced, such reduction shall be first applied to the third parties and thereafter if further reduction is necessary the State’s and the Corporation’s requirements shall be reduced in such proportion as may be agreed.

The Corporation shall pay to the State for water supplied by the State pursuant to subclauses (8) and (9) of this Clause a fair price to be agreed between the parties hereto having regard to the actual cost of operating and maintaining the supply and provision for replacement of the water supply facilities. Notwithstanding the foregoing provisions of this subclause, in respect of water supplied by the State to the Corporation as aforesaid for domestic purposes the Corporation shall pay to the State therefor charges as levied from time to time pursuant to the provisions of the Country Areas Water Supply Act 1947.

The Corporation shall to the extent that it is practical and economical design construct and operate all plant required under this Clause so as to ensure the most efficient use of the water supply including the use of brackish or saline water.

The State shall ensure that no rights to mine minerals petroleum or other substances are granted over area of any water source from which the Corporation is drawing water or from time to time have the right to draw water hereunder unless the Minister reasonably determines that such grant is not likely to unduly prejudice or to interfere with the operations of the Corporation hereunder and is not likely to render the water source incapable of supplying the Corporation’s daily water requirements on a continuous basis.

The Corporation may supply water to third parties including the State at a charge to be approved by the Minister after consultation with the Corporation. The Corporation shall have all the powers and authorities with respect to such water as are determined by the Minister which may include all or any of the powers of a water board under the Water Boards Act 1904 and, with the consent of the Minister for Local Government, a local authority under the Local Government Act 1960.

Any reference in the foregoing provisions of this Clause to a licence is a reference to a licence under the Rights in Water and Irrigation Act 1914 and the provisions of that Act relating to water rights and licences shall except where inconsistent with the provisions of this Agreement apply to any water source developed for the Corporation’s purposes under this Agreement.