Uranium (Yeelirrie) Agreement Act 1978

Subject to the by‑laws made under the Government Railways Act 1904 (insofar as those by‑laws are not inconsistent with this Agreement) and subject to the provisions of this Clause the Corporation shall in accordance with its approved proposals consign and the State shall cause the Railways Commission to transport by rail —

from the port of Esperance to the railhead at Leonora all fuel oil and caustic soda in bulk; and

to the railhead at Leonora, insofar as practicable all other bulk commodities required for the Corporation’s operations hereunder and provided such commodities are suitable for carriage in general purpose wagons.

The State shall use its best endeavours to complete the upgrading of the existing railway line between the railhead at Leonora and Kalgoorlie at its cost by not later than 3 months before the date the treatment plant comes into operation to achieve a 20.5 tonne axle load capacity to enable the Railways Commission to transport not less than 53,000 tonnes of caustic soda and 71,000 tonnes of fuel oil per annum.

The Corporation shall at Leonora and Esperance in respect of its operations if required by the Railways Commission pay or arrange finance for the provision (in accordance with plans and specifications approved by the Railways Commission after consultation with the Corporation) and maintenance of such sidings, shunting loops, spurs and other connections as are required solely for its operations hereunder and the provision and maintenance of loading and unloading facilities sufficient to meet train operating requirements and terminal equipment (including weighing devices and communication systems), together with a staff adequate to ensure the proper operation of all such loading and unloading facilities and terminal equipment.

The Corporation shall provide or cause to be provided sufficient wagons (including 10% spares) to a design and specification approved by the Railways Commission to carry all caustic soda and fuel oil from the port of Esperance to Leonora and necessary replacements therefor.

Subject to the provisions of subclauses (3) and (4) of this Clause the Railways Commission shall at its own cost provide, maintain and service all railways, locomotives, brakevans and wagons necessary and suitable for the purposes of this Agreement.

The Corporation shall provide to the satisfaction of the Railways Commission adequate notice in advance of its requirements (including anticipated tonneages in each year) as to the use of the railway to enable the Railways Commission to meet those requirements and shall thereafter give not less than 18 months prior notice of any substantial change in those requirements. In particular the Corporation shall agree with the Railways Commission the pattern of working including weekly and monthly despatches and the hours of working.

All commodities transported by the Railways Commission pursuant to this Clause shall be carried subject to the by‑laws made under the Government Railways Act 1904 (insofar as those by‑laws are not inconsistent with this Agreement) and to the provisions of this Clause and as though accepted for carriage at the owner’s risk pursuant to general condition 2 (b) contained in the Schedule to by‑law 55 as in force at the date hereof.

The Corporation shall pay to the State freight in respect of all commodities specified in the First Schedule hereto carried by the Railways Commission pursuant to this Agreement at the appropriate freight rates and in the manner and subject to the conditions set out in that Schedule.

The Corporation shall as required collaborate with the State in the planning of a road‑rail interchange at Leonora.

The Corporation shall transport its products by road (or such other means as the Minister may approve) from the treatment plant to the port of Fremantle (or to such other port or ports as the Minister may approve) and for this purpose the Commissioner of Transport shall issue licences for road carriage upon request by the Corporation and upon payment of the licence fees prescribed by him under the Transport Commission Act 1966.

caustic soda and fuel oil in bulk by road from Geraldton to the treatment plant; and

insofar as practicable all other bulk commodities by rail from Kewdale to the railhead at Mullewa and thence by road to the treatment plant

If the Minister is satisfied that, on a comparison of the Corporation’s obligations under subclause (2) of Clause 16 and subclauses (1), (3) and (4) of Clause 17 (or any modification thereof proposed by the Railways Commission in consultation with the Corporation under sub‑clause (1) of this Clause) with its obligations under subclause (5) of this Clause (and having regard to the provisions of Clause 19), the obligations of the Corporation under the said subclause (5) might be undertaken by the Corporation more economically to the Corporation; then the Minister shall grant the Corporation’s request.

The Minister shall within 2 months after receipt of the Corporation’s request advise the Corporation of his decision.

If the Corporation disagree with the Minister’s decision the Corporation may refer the matter to arbitration and the award made on any such arbitration shall be binding on the parties hereto.

The conditions applicable to the alternative routes referred to in subclause (1) of this Clause are as follows —

Subject to the by‑laws made under the Government Railways Act 1904 (insofar as those by‑laws are not inconsistent with this Agreement) and subject to the provisions of this Clause the Corporation shall in accordance with its approved proposals consign, and the State shall cause the Railways Commission to transport by rail from Kewdale to the railhead at Mullewa insofar as practicable all bulk commodities (but excluding fuel oil and caustic soda in bulk) required for the Corporation’s operations hereunder and provided such commodities are suitable for carriage in general purpose wagons.

The Corporation shall at Mullewa in respect of its operations if required by the Railways Commission pay or arrange finance for the provision (in accordance with plans and specifications approved by the Railways Commission after consultation with the Corporation) and maintenance of such sidings, shunting loops, spurs and other connections as are required solely for its operations hereunder and the provision and maintenance of loading and unloading facilities sufficient to meet train operating requirements and terminal equipment (including weighing devices and communication systems), together with a staff adequate to ensure the proper operation of all such loading and unloading facilities and terminal equipment.

The Corporation shall transport its requirements of caustic soda and fuel oil in bulk by road from Geraldton to the treatment plant and for this purpose the Commissioner of Transport shall issue licences for road carriage upon request by the Corporation and upon payment of the licence fees prescribed by him under the Transport Commission Act 1966.

The State shall construct or cause to be constructed new public roads suitable for the Corporation’s operations hereunder in accordance with the requirements of the Commissioner of Main Roads as follows —

a sealed road connecting the townsite with Mount Magnet by the shortest practicable route having regard to the provision of access to Sandstone. The State shall use its best endeavours to complete the construction and sealing of such road to a width of not less than 3.7 metres within 3 years of the date of the approved proposals. The Corporation shall pay to the State at the times and in the manner required by the State three quarters of the cost of the construction (including investigation survey and design) and sealing of such road; and

an unsealed road on a route to be determined by the Commissioner of Main Roads after consultation with the Corporation from the townsite to a point on the Leonora‑Yakabindie road being the turn‑off to the Agnew minesite. The Corporation shall pay to the State at the times and in the manner required by the State one half of the cost of the construction (including investigation survey and design) thereof. The State shall use its best endeavours to complete the construction of such road prior to the date that the treatment plant comes into operation.

The Corporation shall if it proceeds pursuant to subclause (5) of this Clause collaborate as required with the State in the planning of a road‑rail interchange at Mullewa.

The Corporation shall if it proceeds pursuant to subclause (5) of this Clause comply with the provisions is of subclauses (1), (3) and (4) of Clause 18 and subclauses (6) (7) (8) and (10) of Clause 17.