(1) The provisions of this Agreement other than Clauses 1, 2, 3 and this Clause shall not come into operation until —
4 (1) The provisions of this Agreement other than Clauses 1, 2, 3 and this Clause shall not come into operation until —
the Bill referred to in Clause 3 has been passed by the Parliament of Western Australia and comes into operation as an Act; and
the Corporation has given the Minister notice that it desires to proceed with the objects of this Agreement.
When this Agreement comes into operation in the manner provided in subclause (1) of this Clause all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.
If before 31st December, 1979 (or such later date as the Minister may at the request of the Corporation approve) the notice referred to in subclause (1) of this Clause is not given, this Agreement will then cease and determine and neither of the parties will have any claim against the other of them with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement.
Creation of temporary reserve
5. (1) The State shall on the commencement date create a temporary reserve over all the Crown land within the red areas on the said plan marked “A”.
As soon as the temporary reserve referred to under subclause (1) of this Clause has been created, the Corporation shall apply for and the State shall grant to it for a period terminating on the date the Corporation surrenders to the state the balance of its blue mineral claims referred to in paragraph (c) of subclause (7) of Clause 21 or the sooner determination of this Agreement, rights of occupancy for the purposes of this Agreement in respect of such land on such terms and conditions as the Minister for Mines may determine.
The provisions of the Mining Act shall be deemed to be modified to permit the creation of the temporary reserve under subclause (1) of this Clause and the grant of the rights of occupancy under subclause (2) of this Clause.
Initial obligations of the Corporation
6. (1) The Corporation shall continue its field and office engineering and metallurgical processing studies and market and finance studies and other matters necessary to enable it to finalise and to submit to the Minister the detained proposals and other matters referred to in subclauses (1) and (4) of Clause 8.
The Corporation shall keep the State fully informed at least quarterly as to the progress and results of its operations under subclause (1) of this Clause. The first quarterly report shall be lodged during the month of April, 1979 and shall be in respect of the quarter ending on the 31st day of March, 1979 and thereafter the quarterly reports shall be in respect of the quarter ending on the last day of the month preceding the month in which they are lodged.
The Corporation shall co‑operate with the State and consult with the representatives or officers of the state regarding matters referred to in subclause (1) of this Clause and any other relevant studies in relation to that subclause that the Minister may wish to undertake.
Metallurgical research plant
7. (1) The Corporation may with the prior approval of the State construct a metallurgical research plant at Kalgoorlie to test ore and to have such plant in operation by 30th June, 1982.
For the purposes of the construction and operation of the metallurgical research plant referred to in subclause (1) of this Clause, the State shall, on application by the Corporation, grant to the Corporation or arrange to have the appropriate authority or other interested instrumentality of the State grant, for such periods and on such terms and conditions (including renewal rights) as shall be reasonable having regard to the requirements of the Corporation —
a special lease under the Land Act of land at a site to be agreed for the said plant;
a pipeline easement for water over a route to be agreed from Addis Street Kalgoorlie to the said plant;
a powerline easement over a route to be agreed to connect with the Corporation’s existing Great Boulder‑Scotia powerline and the said plant;
a tailings licence under the Mining Act for disposal of tailings from the said plant by burial;
a licence under the Transport Commission Act 1888 to transport by road ore and water from the Yeelirrie region to the said plant;
a licence under the Rights in Water and Irrigation Act 1914 to draw water from underground sources in the Yeelirrie region for transport to the said plant for experimental purposes.
Corporation to submit Proposals
8. (1) On or before the 31st December, 1982 (or thereafter within such extended time as the Minister may allow as hereinafter provided) and subject to the provisions of this Agreement the Corporation shall submit to the Minister (having due regard where applicable to the environmental review and management programmes previously submitted by the Corporation and the State’s responses thereto) to the fullest extent reasonably practicable its detailed proposals (which proposals shall include plans where practicable and specifications where reasonably required by the Minister) for a mining and treatment project with a capacity to treat 1.21 million tonnes of ore per year or such other tonneage as the Minister may approve and the transport and shipment through a port or ports within the said State of the products of the treatment plant and for making provision for the necessary work force and associated population required to enable the Corporation to mine ore and to process it at the treatment plant and including 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 —
the mining and treatment of ore including the disposal of tailings;
roads;
railways;
facilities at ports in the said State for the purposes of this Agreement;
housing and township requirements (including site and lay‑out) and including social, civic and engineering services;
water supply;
power generation and distribution;
any leases, licences or other tenures of required from the State;
any other works, services or facilities desired by the Corporation;
airport;
measures for the protection of aboriginal and historic sites;
safety measures, including radiometric measures, for the workforce and associated population and for the transport storage and shipping of the products of the treatment plant;
use of local professional services, labour and materials; and
an environmental management programme as to measures to be taken in respect of the Corporation’s operations under this Agreement for the protection and management of the environment.
The proposals may with the approval of the Minister and shall if so required by the State 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) of this Clause.
The proposals relating to any of the matters mentioned in subclause (1) of this Clause may with the approval of the Minister and that of any third parties concerned instead of providing for the construction of new facilities of the kind therein mentioned provide for the use by the Corporation upon reasonable terms and conditions of any existing facilities of such kind.
At the time when the Corporation submits the said proposals it shall furnish to the reasonable satisfaction of the State evidence of —
the Corporation’s ability to profitably sell the products of the treatment plant or a substantial proportion thereof in accordance with the said proposals;
the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and
the readiness of the Corporation to embark upon and proceed to carry out the operations referred to in the said proposals.
If the Corporation for any reason desires an extension of time beyond the 31st December, 1982 within which to comply with the requirements of subclause (4) of this Clause it may make a request therefor to the Minister not earlier than the 1st October, 1982 or not later than the 30th November, 1982 and with such request shall supply the Minister with details of its endeavours to comply with those requirement if the Minister is satisfied that such endeavours are reasonable in the circumstances and that the Corporation has otherwise duly complied with its obligations hereunder the Minister shall grant an extension of such time for a period of 12 months.
Consideration of Proposals
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