Alumina Refinery Agreement Act 1961 (WA)

Western Australia Alumina Refinery Agreement Act 1961 Reprinted under the Reprints Act 1984 as at 5 September 2014 Western Australia Alumina Refinery Agreement Act 1961 Contents 1. Short title 1 2. Terms used 1 3. Approval and ratification of agreement 2 3A. First supplementary agreement approved and ratified 3 3B. Second supplementary agreement approved 3 3C. Third supplementary agreement approved 3 3D. Fourth supplementary agreement approved 3 3E. Fifth supplementary agreement approved and ratified 3 3F. Effect of sixth supplementary agreement 3 3G. Seventh supplementary agreement approved 3 3H. Effect of eighth supplementary agreement 4 4. Closure of portion of railway and public road 4 6. Declaration as to non‑application of certain Acts and law 4 7. Summary refusal of applications by Minister 5 First Schedule — Alumina Refinery Agreement Second Schedule — First supplementary agreement Third Schedule — Second supplementary agreement Fourth Schedule — Third supplementary agreement Fifth Schedule — Fourth supplementary agreement Sixth Schedule — Fifth supplementary agreement Seventh Schedule — Extract from sixth supplementary agreement Eighth Schedule — Seventh supplementary agreement Notes Compilation table 73 Defined terms Reprinted under the Reprints Act 1984 as at 5 September 2014 Western Australia Alumina Refinery Agreement Act 1961 An Act to approve and ratify an agreement entered into by the State with respect to the establishment of a refinery to produce alumina, and to provide for carrying the agreement into effect and for incidental and other purposes. 1. Short title This Act may be cited as the Alumina Refinery Agreement Act 1961 1. 2. Terms used In this Act, unless the contrary intention appears — agreement means — (a) in sections 3(1) and 4, the agreement of which a copy is set forth in the First Schedule; and (b) except as provided in paragraph (a), the agreement referred to in that paragraph as amended by the first supplementary agreement, the second supplementary agreement, the third supplementary agreement, the fourth supplementary agreement, the fifth supplementary agreement, the sixth supplementary agreement, the seventh supplementary agreement, the eighth supplementary agreement, and the agreement set out in the First Schedule to the Alumina Refinery (Pinjarra) Agreement Act 1969, and if that agreement is altered in accordance with the provisions thereof, includes that agreement as so altered from time to time; eighth supplementary agreement means the agreement of which a copy is set forth in the Schedule to the Alumina Refinery Agreements (Alcoa) Amendment Act 1987; fifth supplementary agreement means the agreement of which a copy is set forth in the Sixth Schedule; first supplementary agreement means the agreement of which a copy is set forth in the Second Schedule; fourth supplementary agreement means the agreement of which a copy is set forth in the Fifth Schedule; second supplementary agreement means the agreement of which a copy is set forth in the Third Schedule; seventh supplementary agreement means the agreement of which a copy is set forth in the Eighth Schedule; sixth supplementary agreement means the agreement set out in the Schedule to the Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978, a copy of clause 18 of which is set forth in the Seventh Schedule; third supplementary agreement means the agreement of which a copy is set forth in the Fourth Schedule. [Section 2 amended: No. 48 of 1963 s. 2; No. 76 of 1966 s. 2; No. 61 of 1967 s. 2; No. 47 of 1972 s. 2; No. 34 of 1974 s. 2; No. 15 of 1978 s. 5; No. 99 of 1986 s. 4; No. 86 of 1987 s. 7.] 3. Approval and ratification of agreement (1) The agreement is approved and ratified. (2) Notwithstanding any other Act or law, the agreement shall be carried out and take effect, as though its provisions had been expressly enacted in this Act. 3A. First supplementary agreement approved and ratified The first supplementary agreement is approved and ratified. [Section 3A inserted: No. 48 of 1963 s. 3; amended: No. 76 of 1966 s. 3.] 3B. Second supplementary agreement approved The second supplementary agreement is approved. [Section 3B inserted: No. 76 of 1966 s. 4.] 3C. Third supplementary agreement approved The third supplementary agreement is approved. [Section 3C inserted: No. 61 of 1967 s. 3.] 3D. Fourth supplementary agreement approved The fourth supplementary agreement is approved. [Section 3D inserted: No. 47 of 1972 s. 3.] 3E. Fifth supplementary agreement approved and ratified The fifth supplementary agreement is approved and ratified. [Section 3E inserted: No. 34 of 1974 s. 3.] 3F. Effect of sixth supplementary agreement The agreement is amended and shall be read and construed in accordance with the provisions of the sixth supplementary agreement. [Section 3F inserted: No. 15 of 1978 s. 6.] 3G. Seventh supplementary agreement approved (1) The seventh supplementary agreement is approved. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the seventh supplementary agreement shall operate and take effect notwithstanding any other Act or law. [Section 3G inserted: No. 99 of 1986 s. 5.] 3H. Effect of eighth supplementary agreement The agreement is amended in accordance with the eighth supplementary agreement. [Section 3H inserted: No. 86 of 1987 s. 8.] 4. Closure of portion of railway and public road (1) After a date to be fixed by proclamation, which date shall not be earlier than the date of the construction of the deviation railway and the deviation road referred to in clause 3(1) of the agreement — (a) so much of the railway made under the Coogee‑Kwinana Railway Act 1952, as is necessary to give effect to the agreement, shall cease to operate; (b) so much of the public road known as the Perth‑Naval Base Road, as is necessary to give effect to the agreement, shall be closed and all rights of way over it shall cease. (2) The proclamation referred to in subsection (1) shall set out — (a) the portion of the line of railway; and (b) the portion of the public road, that shall be closed pursuant to this section. [5. Deleted: No. 31 of 2003 s. 141.] 6. Declaration as to non‑application of certain Acts and law Notwithstanding any other Act or law and without limiting the effect of section 3, it is hereby declared that — (a) the sale and purchase of the land referred to in clause 3A(1) and (2) of the agreement shall be valid and effect shall be given thereto according to the terms thereof, without any approval, consent or permission that may be required in relation to the sale and purchase under any Act or law, being obtained; and (b) the provisions of the Hire-Purchase Act 1959 do not apply to any lease referred to in clause 10A(3)(i) and (ii) of the agreement; and (c) section 96 of the Public Works Act 1902 does not apply to the extension of the railway referred to in clause 10A(1) of the agreement. [Section 6 inserted: No. 61 of 1967 s. 4.] 7. Summary refusal of applications by Minister Where, pursuant to clause 25A(2) of the principal agreement, the Minister by notice refuses an application mentioned in that subclause, the application ceases to have any effect for the purposes of the Mining Act 1978 when that notice is served. [Section 7 inserted: No. 86 of 1987 s. 9.] First Schedule — Alumina Refinery Agreement [s. 2] [Heading inserted: No. 48 of 1963 s. 4; amended: No. 19 of 2010 s. 4.] An Agreement under Seal made the Seventh day of June 1961 BETWEEN THE HONOURABLE CHARLES WALTER MICHAEL COURT O.B.E. M.L.A. Acting Premier and Minister for Industrial Development of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities (hereinafter referred to as "the State") of the one part and WESTERN ALUMINIUM NO LIABILITY a Company duly incorporated under the Companies Statutes of the State of Victoria and having its principal office in that State at 360 Collins Street Melbourne and having its registered office in the State of Western Australia at 55 MacDonald Street Kalgoorlie (hereinafter referred to as "the Company" which term shall include its successors and permitted assigns) of the other part. Ratification and Operation 2 1. (1) The provisions of this Agreement other than the following provisions (in this Clause hereinafter called "the excepted provisions") that is to say this Clause subclause (2) of clause 3 subclause (5) of clause 14 subclause (3) of clause 15 and in so far as they relate to the supply of power to the boundaries of ore bodies subclause (1) and (2) of clause 14 hereof shall not come into operation unless a Bill to ratify this Agreement is passed by the Parliament of Western Australia and comes into operation as an Act before the 31st day of December 1961; provided that the Company will through its own efforts or through the efforts of its General Managers the Western Mining Corporation Limited of 360 Collins Street Melbourne continuously use its best endeavours to raise the finance required for the discharge of its obligations hereunder. (2) The State shall as soon as conveniently may be introduce such a Bill in the said Parliament and such Bill shall contain a provision that this Agreement shall be carried out and take effect as though its provisions had been expressly enacted in the Act being the Ratifying Act as hereinafter defined. (3) If however the Bill referred to in subclause (1) of this clause is not passed or does not come into operation as an Act as therein provided the following clauses of this Agreement shall not or shall cease to operate and neither of the parties hereto shall have any claim against the other of them with respect to any matter or thing arising out of this Agreement but without prejudice to existing rights and obligations separately acquired or imposed. (4) Notwithstanding the coming into operation of the Ratifying Act the State shall not be obliged to perform or to commence to perform any of the obligations on its part hereinafter contained involving the expenditure of money by the State (other than its obligations under the excepted provisions and under clause 9 hereof) prior to the commencement date as hereinafter defined. Interpretation 2 2. In this Agreement unless the context shall otherwise require the following terms shall have the following meanings: — "adjacent" means near to so as not to involve the crossing of more than one public road and one public railway; "associated Company" means: — (a) any Company incorporated within the Commonwealth of Australia the United Kingdom or the United States of America which establishes manufacturing operations on or adjacent to the works site and whose business is or operations are substantially dependent on the products or services of the Company and in which the Company holds directly or indirectly not less than 20 per centum of the issued capital and of which the Company gives notice in writing to the State; (b) any Company of which the Company is a subsidiary Company (as defined in Section 130 of the Companies Act 1943); and (c) any Company which is a subsidiary (defined as aforesaid) of the company referred to in paragraph (b) of this definition. "bulk cargo" means any quantity of alumina or the usual bulk materials used in an alumina industry and being bauxite or alumina for shipment or materials consigned for use by the Company or by any subsidiary Company or by any associated Company in connection with its operations in that industry; "commencement date" means the date referred to in subclause (4) of clause 3 hereof on which the State gives notice to the Company that subclause (4) of clause 1 hereof shall no longer apply; "direct railway" means the railway referred to in subclause (1) of clause 10 hereof; "dry ton" means a ton after the deduction of the moisture content as ascertained in the manner mentioned in subclause (13) of clause 9 hereof; "financial year" means the period of 12 months ending on the 31st day of March or on such other date as the parties may from time to time agree; "Harbour Trust Commissioners" means the body corporate established under the name of the Fremantle Harbour Trust Commissioners pursuant to the Fremantle Harbour Trust Act 1902; "leased area" means the Crown land referred to in, subclause (1) of clause 9 hereof; "Minister" means the Minister for Industrial Development in the Government of the said State his successors in office or other the Minister for the time being responsible under whatsoever title for the administration of industrial development in the said State; "Minister for Mines" means the Minister of the Crown to whose administration the Mining Act 1904 is for the time being committed and includes the Minister for the Crown for the time being acting as Minister for Mines or discharging the duties of his office; "month" means calendar month; "person" or "persons" includes bodies corporate; "production date" means the date upon which the Company after the erection and establishment of the refinery commences the production of alumina therefrom being a date (to be notified in writing by the Company to the State within 1 month of the commencement of such production) not later than the 31st day of March 1967 or being such extended date (if any) as the Minister may allow under subclause (a) of clause 4 hereof; "Railways Commission" means the Western Australian Government Railways Commission established pursuant to the Government Railways Act 1904; "Ratifying Act" means the Act referred to in subclause (1) of clause 1 hereof; "refinery" means the refinery referred to in paragraph (a) of subclause (1) of clause 4 hereof; "subsidiary company" means any Company incorporated within the Commonwealth of Australia the United Kingdom or the United States of America in which the Company either directly or indirectly holds not less than 50 per centum of the issued shares for the time being and of which the Company gives notice in writing to the State; "the said State" means the State of Western Australia; "ton" means a ton of 2 240 pounds weight; "wharf" means the wharf to be constructed by the Company pursuant to clause 5 hereof and includes any jetty structure and the approaches to the wharf; "works site" means the land referred to as the works site in clause 3 hereof; Any reference in this Agreement to an Act means that Act as amended from time to time and includes any Act passed in substitution for that Act and any regulations or by‑laws made and for the time being in force under any such Act. Works Site 2 3. (1) The parties hereto intend that the "works site" for the purposes of this Agreement will consist of the land comprising a total of 137 acres or thereabouts delineated (subject to survey) and coloured red and blue on the plan marked "A" and initialled by or on behalf of the parties hereto for the purposes of identification less however any land required for the purposes of a road and railway passing through or over the land coloured red on the said plan (which road is hereinafter referred to as the "deviation road" and which railway is hereinafter referred to as the "deviation railway") in substitution for the land comprised within the existing road and railway passing through or over the said land coloured red in so far as that land lies between the boundaries of the said land coloured red (hereinafter referred to as "the existing road and railway"). (2) As soon as conveniently may be the State will decide upon the route for the deviation road and for the deviation railway. It will carry out necessary surveys and in relation to the deviation railway will seek the approval of the said Parliament to the making of the deviation railway pursuant to Section 96 of the Public Works Act 1902. (3) As soon as practicable after the said Parliament has approved of the making of the deviation railway and after the completion of necessary surveys for both the deviation road and the deviation railway the State shall commence to construct and shall diligently complete the construction thereof and on such completion shall do all things necessary to amend the relevant Certificate of Title to the said land coloured red on the said plan by including in the said Certificate of Title the land comprised within the existing road and railway and by excluding therefrom any land required for the purposes of the deviation road and the deviation railway. Simultaneously the State will cause the existing road and railway (so far as it passes through or over the said land coloured red on the said plan) to be closed and provision for this purpose will be made in the Bill for the Ratifying Act. (4) When the Company has produced to the State evidence sufficient to prove its intention and ability to construct and establish the refinery the State will give notice to the Company that subclause 4 of clause 1 hereof shall no longer apply and will sell to the Company which will purchase an estate in fee simple free of encumbrances in the land comprised within the works site for a price calculated at the rate of $500 per acre payable on presentation for registration of the transfer or transfers of the works site free of encumbrances notwithstanding that the whole or part of the works site may be subject to the provisions of the Industrial Development (Resumption of Land) Act 1945 and the Industrial Development (Kwinana Area) Act 1952 or either of them; and on such payment the State will give to the Company possession of the works site including the surfacing and rails of the existing road and railway: PROVIDED HOWEVER that the State may authorise the Company at any time and from time to time prior to giving possession as aforesaid to enter upon the works site and the land the subject of the easement referred to in subclause (8) of clause 5 hereof with or without agents and workmen and to carry out surveys and other work including the laying of foundations for and the commencement of construction of the refinery: provided further that if the Company has not completed and established the refinery within the period or extended period referred to in paragraph (a) of clause 4 hereof the Company will at the request in writing of the State sell transfer and give vacant possession of the works site to the State at the price the Company paid to the State therefor. Within three months after any such sale but provided that there is no mortgage or encumbrance affecting the work site at the time of the transfer thereof to the State the Company shall be entitled to remove any improvements effected by it to the works site filling in consolidating and levelling off all excavations. Subject to the last proviso mentioned the Company shall be entitled to mortgage or otherwise encumber the works site for the purpose of obtaining finance to erect and establish the refinery and any finance so obtained shall be expended in the erection and establishment of the Refinery and not otherwise. (5) Before effecting the said transfer of the works site to the Company the State if so requested in writing by the Company shall take all reasonable steps to have ejected from the works site any trespasser who may be residing on any part of the land. (6) The Company will on demand pay to the State as the Company's contribution towards the cost of the construction of the deviation road and of the deviation railway a sum equivalent to the cost which the Company would be likely to incur if during the period when the deviation road and deviation railway are constructed the Company had at its cost caused the construction of a road and railway comparable with the existing road and railway and will on demand pay to the Commissioner of Main Roads (on behalf of the State) such proportion as the Company and the Commissioner may agree of the total cost incurred by the Commissioner in constructing the road approaches to the deviation road from the existing main Perth‑Naval Base Road and of acquiring necessary land for the purpose. (7) It will be the responsibility of the Company to carry out any necessary maintenance to the existing road and railway in so far as the Company requires the same for its own purposes and so long as the Company maintains the existing railway as the Company's siding for the purposes of its operations hereunder the State will maintain rail access to that railway. (8) Notwithstanding the foregoing provisions of this clause the State and the Company may mutually agree upon the excision from the land to be sold and transferred to the Company as the "works site" of such portion or portions thereof as may be divided by the deviation road and/or the deviation railway from the main area of the works site and the balance of the land will then for the purposes of this Agreement become and be deemed the "works site". Construction of Refinery on the Works Site 2 4. (1) The Company hereby covenants and agrees with the State that — (a) The Company will before the 31st of March 1965 commence to erect and thereafter will diligently proceed with the construction and establishment on the works site of a refinery estimated to cost (inclusive of all necessary ancillary buildings works plant equipment services and the wharf referred to in clause 5 hereof and the installation thereon of related or ancillary appliances and facilities for the loading and discharge of vessels there at $10,000,000 and designed to produce and capable of producing not less than 120,000 tons of alumina per annum and shall by the 31st day of March 1967 complete the construction and establishment of the refinery on the works site and provide thereon all necessary ancillary buildings works plant equipment and services for the production of alumina: PROVIDED that if the Company produces to the Minister evidence sufficient to prove that the Company is unable or likely to be unable for reasons outside its control to commence the erection of the refinery before the 31st day of March 1965 but has a reasonable chance of commencing the same within a further period of 12 months the Minister will postpone the date by which the Company must commence the erection of the refinery accordingly and will also postpone the date for the completion and establishment of the refinery to the 31st day of March 1969 or such extended date as may be appropriate under clause 29 hereof. (b) In its construction of the refinery and in equipping and operating the works to be carried on on the works site the Company shall comply with accepted modern practice in relation to refineries for the production of alumina and in so doing will endeavour to avoid as far as is reasonable and practicable the creation of any nuisance. (2) So long as the Company or any subsidiary or associated Company carries out its operations as aforesaid it shall not subject to the provisions of Clause 6 hereof be liable for discharging from the works site effluent as in clause 6 mentioned or smoke dust or gas into the atmosphere or for creating noise smoke dust or gas on the works site if such discharge or creation is necessary for the efficient operations of the Company or of any subsidiary or associated company and is not due to negligence on the part of the Company or any subsidiary or associated company as the case may be. (3) Unless the State has given to the Company the notice referred to in subclause (4) of clause 3 hereof the Company will not be liable in damages for failure to commence or complete the construction of the refinery. Wharf Construction and Facilities 2 5. (1) The parties acknowledge that the Company for the purposes of its operations hereunder will require to construct a wharf into the ocean approximately opposite to the Northern boundary of the works site (or as may be mutually agreed) and for this purpose will require certain rights and easements in relation to the wharf and approaches thereto from the works site. (2) The Company will at its own cost retain and continue to retain the services of Messrs. Maunsell and Partners of London and Melbourne Engineering Consultants and/or other consultants of similar standing and repute to advise and assist the Company in close liaison with the appropriate officers of the Harbour Trust Commissioners with a view to the selection by the Company with the concurrence of such officers of the most suitable location design and methods of construction of a wharf and wharf facilities for the purposes of this agreement. The design of the wharf will be such as to provide for extension thereto if and when required for the Company's operations; PROVIDED HOWEVER that any dispute as to the location design or methods of construction as aforesaid shall be finally determined by the Minister who in making his decision will give due consideration to any unfair burden or added cost or interference with the Company's operations on the works site that might be imposed on the Company by the selection of a location design or method of construction other than one recommended by the Company's consultants. (3) As soon as conveniently may be after the said selection and the commencement date the Company will commence and by the production date will complete the construction of a wharf and approaches thereto approximately opposite to the northern boundary of the works site (or elsewhere as the parties may mutually agree) and the construction or installation of related or ancillary appliances or facilities suitable for the efficient loading and discharge of vessels at the wharf for the purposes of the Company's operations here under. (4) The Company will at all times during the currency of this agreement maintain in good order and condition the wharf and the shore approaches thereto constructed by the Company pursuant to this Agreement. (5) Provided the use of the Company's wharf shall not interfere with the Company's own requirements in regard thereto (a matter which shall be within the sole determination of the Company) the Company will permit its wharf to be used by any other person for the handling of inward and outward cargo belonging to that person. If the Company and the Harbour Trust Commissioners shall from time to time mutually agree upon terms and conditions (including charges) for such handling and if required by the said Commissioners the Company shall act as their agent for and in relation to the collection of such charges and shall remit to the Commissioners the portion thereof which shall be payable to the Commissioners. (6) Any structure or installation erected by the Company (other than removable buildings) on or in the solum or bed of the ocean below low water mark shall at all times belong to and be the property of the State but the State hereby grants to the Company a license during the currency of this agreement to use and occupy and subject to the control of the Harbour Trust Commissioners in the discharge of their statutory functions and powers relating to the movement and berthing of ships to control and manage the wharf free of rental or license fee. (7) Where the consent of the Harbour Trust Commissioners is necessary in regard to extensions or alteration of or the Company's use of the wharf and/or the facilities thereon such consent shall not be arbitrarily or unreasonably withheld. (8) The State simultaneously with the registration of the transfer of the works site will grant to the Company an easement over a strip of land 300 feet wide delineated subject to survey and coloured green on the said plan marked "A" or in such situation as may be necessary to allow access to the said wharf conferring a right of carriageway over and the right to run pipes and wires over under and through such strip of land to provide electrical water fuel and other services necessary for the purposes of this agreement and to instal and erect rails and conveyor systems of all types thereon. (9) Within 6 months after the end or sooner determination of the currency of this agreement the Company may (except in so far as the State and the Company may otherwise in writing mutually agree and subject to the next succeeding subclause) remove and carry away from the wharf any plant equipment and removable buildings on the wharf and shall fill in and consolidate and level off all holes and excavations thereby resulting and if within such period of 6 months the Company fails so to consolidate and level off the State may so consolidate and level off and the Company shall on demand pay to the State the amount of the costs and expenses so incurred and the plant equipment and removable buildings not removed by the Company within the period aforesaid shall become the absolute property of the State. (10) In the event of the Company deciding to remove the said plant equipment and removable buildings it shall not do so without first notifying the State in writing of that decision and thereby granting to the State an option exercisable within 3 months of the service of such notice to purchase at valuation in situ the said plant equipment and removable buildings or any of them. Such valuation if not mutually agreed shall be made by such competent valuer as the parties may appoint or failing agreement as to such appointment then by two competent valuers one to be appointed by each party or by an umpire appointed by such valuers should they fail to agree. (11) The Company will indemnify and keep indemnified the State against all actions claims costs and demands (not being actions claims costs or demands based on or arising out of the negligence of the State its agents servants or third party contractors) arising out of or in connection with the construction maintenance or use of the wharf and the operations on or from the wharf. Effluent 2 6. (1) The residue (commonly known as "red mud") resulting from the refinery operations of the Company on the works site is expected to consist mainly of iron oxide and siliceous sand commonly known as "sands". (2) The Company may and shall to the extent necessary to enable it to complete the filling with sands as provided in subclause (4) of this clause in accordance with accepted modern practice in the alumina industry separately collect on the works site the iron oxide and the sands and will be responsible for the efficient discharge of residue through a pipe or pipes to disposal areas as hereinafter in this clause mentioned. (3) For the purposes of disposal of the red mud — (a) The State will make available within 2 miles from the nearest boundary of the works site an area of not less than 200 acres. (b) Subject to the prior approval in writing of the Minister the Company will purchase a further area comprising land of not less than 500 acres within 2 miles from the works site or within such greater distance as the State may in writing agree but the State will co‑operate with the Company in the selection of a suitable site for this purpose. (4) The Company agrees that the land made available by the State under subclause (3)(a) of this clause will be filled mainly with iron oxide but partly with sands to within two (2) feet of a level or levels to be mutually agreed before the Company commences to fill in other land with iron oxide. When any portion of the land so provided by the State of an area of ten acres or more is so filled the Company will within 2 years or such longer period as the State may nominate thereafter complete the filling of such portion with sands only and will then advise the State in writing of the completion of such filling whereupon the Company's rights and interests in respect of such portion shall cease and determine. The Company shall use reasonable endeavours to ensure that each such portion will support buildings for light industry. (5) The State and the Company will co‑operate from time to time in the discharge of sands at a disposal point or disposal points to be mutually agreed. If and to the extent that such disposal is on or near the foreshore or otherwise within or through the boundaries of the Fremantle Harbour the disposal of sands will be subject to the approval in writing (which shall not be unreasonably withheld) of the Harbour Trust Commissioners and to terms and conditions reasonably imposed from time to time by those Commissioners including provisions relating to the manner place and quantity of disposal. (6) The Company shall at its own cost separately pump the iron oxide and the sands through a pipe or pipes under pressure and conditions which will efficiently discharge the iron oxide and the sands into the agreed disposal areas. The Company shall provide on the works site and maintain adequate pumps pipes and a