Alumina Refinery (Worsley) Agreement Act 1973 (WA)

Western Australia Alumina Refinery (Worsley) Agreement Act 1973 Western Australia Alumina Refinery (Worsley) Agreement Act 1973 Contents 1. Short title 1 2. Commencement 1 3. Execution of Agreement authorised 1 4. Executed Agreement to operate and take effect 2 5. Repeal 2 6. First Supplementary Agreement approved and ratified 2 6A. Second Supplementary Agreement approved and ratified 2 6B. Third Supplementary Agreement approved and ratified 2 6C. Fourth Supplementary Agreement approved and ratified 2 7. Effect of Supplementary Agreement 3 8. Effect of Second Supplementary Agreement 3 9. Effect of Third Supplementary Agreement 3 10. Effect of Fourth Supplementary Agreement 4 11. Minister to seek advice from Minister for the Environment in certain circumstances 4 First Schedule — Alumina Refinery (Worsley) Agreement Second Schedule — First Supplementary Agreement Third Schedule — Second Supplementary Agreement Fourth Schedule — Third Supplementary Agreement Fifth Schedule — Fourth Supplementary Agreement Notes Compilation table 122 Defined terms Western Australia Alumina Refinery (Worsley) Agreement Act 1973 An Act to authorise the execution on behalf of the State of an Agreement with Alwest Pty. Limited and Dampier Mining Company Limited relating to the establishment at or near Worsley of a refinery to produce alumina and for incidental and other purposes. 1. Short title This Act may be cited as the Alumina Refinery (Worsley) Agreement Act 1973 1. 2. Commencement (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent 1. (2) Section 5 shall come into operation on a date to be fixed by proclamation, being a date not earlier than the date on which the Agreement referred to in section 3 is duly executed by all the parties thereto 1. 3. Execution of Agreement authorised The execution by the Premier of the State of Western Australia acting for and on behalf of the State of an Agreement in or substantially in accordance with the form set out in the First Schedule is authorised. [Section 3 amended: No. 10 of 1978 s. 2.] 4. Executed Agreement to operate and take effect When the Agreement referred to in section 3 is duly executed by all the parties thereto, the Agreement shall, subject to its provisions, operate and take effect as though those provisions were enacted in this Act. 5. Repeal The Alumina Refinery (Bunbury) Agreement Act 1970, is hereby repealed. 6. First Supplementary Agreement approved and ratified The Agreement a copy of which is set forth in the Second Schedule, in this Act referred to as the First Supplementary Agreement, is approved and ratified. [Section 6 inserted: No. 10 of 1978 s. 3; amended: No. 95 of 1982 s. 2.] 6A. Second Supplementary Agreement approved and ratified The Agreement a copy of which is set in the Third Schedule, in this Act referred to as the Second Supplementary Agreement, is approved and ratified. [Section 6A inserted: No. 95 of 1982 s. 3.] 6B. Third Supplementary Agreement approved and ratified The Agreement a copy of which is set forth in the Fourth Schedule, in this Act referred to as the Third Supplementary Agreement, is approved and ratified. [Section 6B inserted: No. 63 of 1992 s. 4.] 6C. Fourth Supplementary Agreement approved and ratified The Agreement, a copy of which is set forth in the Fifth Schedule, in this Act referred to as the Fourth Supplementary Agreement, is approved and ratified. [Section 6C inserted: No. 15 of 1995 s. 4.] 7. Effect of Supplementary Agreement Notwithstanding the provisions of section 4, on and after the coming into operation of the Alumina Refinery (Worsley) Agreement Act Amendment Act 1978 1, the Agreement which is referred to in section 3 and which was executed pursuant to that section shall operate and take effect subject to its provisions as those provisions are amended by the First Supplementary Agreement. [Section 7 inserted: No. 10 of 1978 s. 4; amended: No. 95 of 1982 s. 4.] 8. Effect of Second Supplementary Agreement Notwithstanding section 4 but without affecting any agreement made pursuant to clause 24(1) of the Agreement referred to in section 3, that Agreement shall, on and after the coming into operation of the Alumina Refinery (Worsley) Agreement Amendment Act 1982 1, operate and take effect subject to its provisions as those provisions are amended by the First and Second Supplementary Agreements. [Section 8 inserted: No. 95 of 1982 s. 5.] 9. Effect of Third Supplementary Agreement Notwithstanding section 4 but without affecting any agreement made pursuant to clause 24(1) of the Agreement referred to in section 3, that Agreement shall, on and after the coming into operation of the Alumina Refinery (Worsley) Agreement Amendment Act 1992 1, operate and take effect subject to its provisions as those provisions are amended by the First, Second and Third Supplementary Agreements. [Section 9 inserted as section 8: No. 63 of 1992 s. 5; renumbered as section 9: No. 15 of 1995 s. 5.] 10. Effect of Fourth Supplementary Agreement Notwithstanding section 4 but without affecting any agreement made pursuant to clause 24(1) of the Agreement referred to in section 3, that Agreement shall, on and after the coming into operation of the Alumina Refinery (Worsley) Agreement Amendment Act 1995 1, operate and take effect subject to its provisions as those provisions are amended by the First, Second, Third and Fourth Supplementary Agreements. [Section 10 inserted: No. 15 of 1995 s. 6.] 11. Minister to seek advice from Minister for the Environment in certain circumstances (1) Before — (a) making an agreement under clause 12C(2) of the Agreement; or (b) approving amendments to Plan Z under clause 12C(7)(b) of the Agreement, the Minister is to seek advice from the Minister for the Environment as to whether, if not for this Act, any matter to be included in the agreement or in the amendments would be in breach of the Environmental Protection Act 1986. (2) The Minister is to cause — (a) the text of any advice received by the Minister from the Minister for the Environment as a result of seeking advice under subsection (1); (b) the text of any agreement made by the Minister under clause 12C(2) of the Agreement; and (c) a copy of any amendments to Plan Z approved by the Minister under clause 12C(7)(b) of the Agreement, to be laid before each House of Parliament within 12 sitting days of that House after the advice is received, the agreement is made or the amendments are approved by the Minister. (3) In this section — the Agreement means the Agreement referred to in section 3, as amended by the Fourth Supplementary Agreement; Minister for the Environment means the Minister to whom the administration of the Environmental Protection Act 1986 is for the time being committed by the Governor; Plan Z means the plan marked Z referred to in clause 12C(1) of the Agreement. [Section 11 inserted: No. 15 of 1995 s. 6.] First Schedule — Alumina Refinery (Worsley) Agreement [s. 3] [Heading amended: No. 19 of 2010 s. 4.] THIS AGREEMENT is made the day of 197 BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., Premier and Treasurer of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the one part and ALWEST PTY. LIMITED (hereinafter called "Alwest") a Company incorporated under the Companies Act 1961, of Western Australia and having its registered office at 34‑36 Stirling Street, Perth, in the said State and DAMPIER MINING COMPANY LIMITED (hereinafter called "Dampier") a Company also incorporated under the said Act and having its registered office at 37 Saint George's Terrace, Perth (hereinafter collectively called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns and appointees) of the other part. WHEREAS: A. By an agreement made between the State and Alwest dated the 10th day of November, 1970 which was ratified by the Alumina Refinery (Bunbury) Agreement Act 1970 the State agreed to grant to Alwest certain rights to mine bauxite and Alwest undertook, subject to the provisions of the said agreement, to erect an alumina refinery at or near Bunbury in the said State. B. By an agreement dated the 28th day of July, 1971 made between the State, Alwest and Dampier Alwest assigned to Dampier an undivided one half share or moiety in and to all the right title interest claim and demand of Alwest in and under the said Agreement to the intent that the Joint Venturers should thereafter hold the said rights as tenants in common in equal shares. C. Since the date of the said Agreement extensive investigations have been made by Alwest and by the Joint Venturers as to the suitability of an area near Worsley as a refinery site and of the use in the refinery of coal from the Collie coalfield and extensive geological investigations of the bauxite reserves on both Crown and private land within the areas the subject of the said Agreement have been carried out the cost of which exceeds four million dollars ($4,000,000). D. The parties hereto have agreed to enter into this Agreement in substitution for the said Agreement and that on the execution hereof the said Agreement shall be terminated. NOW THIS AGREEMENT WITNESSETH — Interpretation 2 1. In this Agreement subject to the context — "access channel" means the channel to be dredged to provide access for shipping to the new inner harbour at the port of Bunbury; "apply" "approve" "approval" "consent" "certify" "direct" "notify" or "request" mean apply, approve, approval, consent, certify, direct, notify or request in writing as the case may be and the same rule shall apply with regard to derivatives, inflexions and variants of the quoted words; "associated company" means — (a) any company providing for the purposes of this Agreement capital of not less than Two Million Dollars ($2,000,000) which is incorporated or formed within the United Kingdom the United States of America or Australia or such other country as the Minister may approve and which — (i) is promoted by the Joint Venturers or any of them for all or any of the purposes of this Agreement and in which the Joint Venturers or any of them or some other company, acceptable to the Minister hold not less than a twenty five per cent (25%) interest or some lesser interest acceptable to the Minister; or (ii) being a corporation is related within the meaning of that term as used in section 6 of the Companies Act 1961, to any company in which the Joint Venturers or any of them or some other company acceptable to the Minister hold not less than twenty five per cent (25%) of the issued ordinary share capital; and (iii) is notified to the Minister by the Joint Venturers or any of them as being such a company; (b) any company approved in writing by the Minister; "bauxite" means ore which either with or without crushing washing and screening is sold as bauxite or is used for processing into alumina; "Bunbury Port Authority" and "the Authority" means the body corporate established pursuant to the Bunbury Port Authority Act 1909; "commencement date" means the date on which the Joint Venturers give to the Minister the notice mentioned in Clause 2 hereof; "Commonwealth" means the Commonwealth of Australia and includes the Government thereof for the time being; "Conservator of Forests" and "Conservator" means the Conservator of Forests appointed under the Forests Act 1918; "Crown land" means all land of the Crown including — (a) all land dedicated as a State forest under the Forests Act 1918, other than land reserved as State Forest No. 51 as it existed on the 14th May, 1973; (b) all land reserved for the purpose of water conservation; (c) land reserved under the Land Act and numbered 15410, 18534, 19738, 19739, 19740, 19741, 19958, 20063, 20182, 21287, 24791, 26363, 26666, 30394 and 31890; and (d) land reserved under the Forests Act as Timber Reserves and numbered 66/25, 69/25, 131/25, 144/25, 145/25, 146/25, 147/25, 148/25, 151/25, 160/25, 171/25, 172/25 and 189/25, but excluding — (e) land granted or agreed to be granted in fee simple; (f) land held or occupied under the Crown by lease or licence for any purpose other than pastoral or timber purposes; and (g) all other laid reserved under the Land Act or the Forests Act unless the Minister, after consultation with the Environmental Protection Authority established under the Environmental Protection Act 1971, otherwise determines; "inner harbour" means the harbour to be dredged at Bunbury; "Land Act" means the Land Act 1933; "mineral lease" means the mineral lease referred to in Clause 7(1) hereof and includes any renewal thereof; "Mining Act" means the Mining Act 1904; "Minister" means the Minister in the Government of the State for the time being responsible for the administration of this Agreement; "Minister for Mines" means the Minister in the Government of the State for the time being responsible for the administration of the Mining Act; "month" means calendar month; "notice" means notice in writing; "person" or "persons" includes bodies corporate; "production date" means the date on which the regular production of alumina commences at the refinery; "Railways Commission" means the Western Australian Government Railways Commission established pursuant to the Government Railways Act 1904; "refinery" means a refining plant established pursuant to this Agreement in which bauxite is treated to produce alumina; "smelter" means an electrolytic reduction plant for the conversion of alumina to aluminium using alumina produced from bauxite; "special grade bauxite" means ore which is saleable as refractory grade abrasive grade or chemical grade bauxite; "State Electricity Commission" means the State Electricity Commission of Western Australia established pursuant to the State Electricity Commission Act 1945; "stockpile area" means the land to be made available to the Joint Venturers in the Port of Bunbury, in accordance with the terms of this Agreement, for use as a stockpile area; "this Agreement" "hereof" "hereto" and "hereunder" includes this Agreement as from time to time added to varied or amended; "ton" means a ton of two thousand two hundred and forty (2,240) lbs net dry weight unless otherwise specified; "turning basin" means the dredged waters of the inner harbour as developed by the State for the turning and navigation of vessels in the inner harbour; reference in this Agreement to a company includes any joint venture, partnership or other association of companies; monetary references in this Agreement are to Australian currency; power given under any clauses of this Agreement other than Clause 25 hereof to extend or alter any period or date shall be without prejudice to the power of the Minister under the said Clause 25; Reference in this Agreement to an Act shall include the amendments to such Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; Marginal notes shall not affect the interpretation or construction hereof 2; any covenant or agreement on the part of the Joint Venturers hereunder shall be deemed to be a joint and several covenant or agreement as the case may be. Commencement and Operation 2 2. (1) The provisions of this Agreement other than Clause 3 hereof shall not come into operation until the Joint Venturers have given the Minister notice that they desire to proceed with the objects of this Agreement. (2) If before the 30th of June 1974 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 hereto 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. Right to Enter on Crown Land 2 3. (1) The State shall to the extent reasonably necessary for the purposes of this Agreement allow the Joint Venturers to enter upon Crown land and survey possible sites for their operations under this Agreement. Creation of Temporary Reserve 2 (2) The State shall on the execution of this Agreement create a temporary reserve over all the Crown land within the area delineated in blue on this plan marked "X" referred to in Clause 7(1) hereof. Rights of Occupancy 2 (3) As soon as the temporary reserve referred to under subclause (2) of this Clause has been created the Joint Venturers shall apply for and the State shall grant to them for a period terminating with the granting of the mineral lease referred to in Clause 7(1) hereof, or the sooner determination of this Agreement, rights of occupancy for the purposes of this Agreement (including the sole right to search and prospect for bauxite) in respect of such land on such terms and conditions as the Minister for Mines may determine. (4) The provisions of the Mining Act shall be deemed to be modified to permit the creation of the temporary reserve under subclause (2) of this Clause and the grant of the rights of occupancy under subclause (3) of this Clause. Resumptions 2 4. The State may as and for a public work under the Public Works Act 1902, resume any land required for the purposes of this Agreement and notwithstanding any other provisions of that Act may sell lease or otherwise dispose of the same to the Joint Venturers and the provisions of subsections (2) to (7) inclusive of Section 17 and Section 17A of that Act shall not apply to or in respect of that land or the resumption thereof. Obligations of the Joint Venturers 2 5. The Joint Venturers shall — (1) as soon as reasonably possible after the coming into operation of this Agreement commence the construction of a refinery on a site at or near Worsley as may be agreed by the Minister or at such other place as the parties may agree and thereafter continue such construction and within four years from the commencement date complete and have in operation the first stage of the refinery with a capacity to produce not less than two hundred thousand (200,000) tons of alumina per annum (which refinery the Joint Venturers may expand from time to time as they deem appropriate) PROVIDED THAT if the Joint Venturers shall in writing reasonably demonstrate to the Minister that they have used their best endeavours to negotiate the finance required to construct the refinery and to complete the sales contracts necessary for the sale of alumina produced at the refinery to make the Joint Venturers' project economically practicable, but they have been unsuccessful in either of these endeavours, the Minister shall grant the Joint Venturers such extensions of time as are appropriate to the situation PROVIDED FURTHER that nothing in this subclause shall limit the effect of Clause 19 or Clause 25 hereof; Facilities for Transport of Bauxite and Coal 2 (2) transport all bauxite mined within the mineral lease to the refinery and all alumina produced at the refinery to the port of Bunbury and to facilitate such transport and the transport of coal fuel oil caustic soda lime and limestone required by the Joint Venturers for use within the site of the refinery — (a) shall at their expense construct along a route approved by the Minister and in accordance with recognised standards an appropriate conveyor or pipeline between the mineral lease and the refinery and a pipeline between the refinery and the Port of Bunbury with all proper ancillary equipment and without unduly interfering with any existing means of communication (including roads and railways), and/or (b) shall request the Railways Commission, at the expense of and in consultation with the Joint Venturers, to — (i) construct along a route approved by the Commission an appropriate railway having a gauge of 3′ 6″ between the mineral lease via the refinery to a point on the Commission's existing railway system (the precise location of such point to be decided by the Commission) together with all necessary signalling switch and other gear, all proper and usual works and all crossing places as the Commission may reasonably require; (ii) upgrade the Commission's existing railway as may be necessary from the point of connection with the railway referred to in subparagraph (i) above to the port of Bunbury so as to make it adequate for the Joint Venturers' requirements as to the transport of alumina and other products and goods and materials required for the construction operation repair and maintenance of the refinery and ancillary facilities; (c) shall request the Railways Commission at the expense of and in consultation with the Joint Venturers to upgrade the Commission's existing railway so as to make it adequate for the Joint Venturers' requirements as to the transport of coal from the point of connection referred to in paragraph (b) to an agreed point in the Collie coalfield; PROVIDED THAT — (i) in the event of the State or the Railways Commission within five years of the date of this Agreement or within three years of the completion of the upgrading referred to in paragraph (b)(ii) and paragraph (c) of this subclause, whichever period is the longer, receiving contributions towards the cost of those upgradings from other users of the railways involved, then the State or the Commission shall return to the Joint Venturers such part of the moneys advanced by the Joint Venturers for those upgradings as is equitable; (ii) in the event of any other person making use of the railway referred to in paragraph (b)(i) of this subclause within 15 years of the date of this Agreement and moving over that railway in any one year within that period 500,000 tons or more of bulk products the State shall require such other user to make a fair contribution to the cost of the establishment of the railway and from the proceeds of any such contribution or contributions shall return to the Joint Venturers such part of the moneys advanced by the Joint Venturers for the establishment of the railway as shall be equitable; and, in the event of the Joint Venturers electing to have a railway constructed as aforesaid the Joint Venturers shall — Joint Venturers to Notify Requirements 2 (d) provide to the satisfaction of the Railways Commission not less than twelve months in advance of their first requiring the use of rail transport such details of their requirements (including anticipated or provisional annual tonnages) as to the use of the railways as will enable the Commission to make arrangements to meet those requirements and shall thereafter give adequate notice of any change in those requirements; Ancillary Facilities 2 (e) at their cost provide and maintain such sidings, shunting loops, spurs and other connections as they require for their operations under this Agreement and provide and maintain loading and unloading facilities sufficient to meet train operating requirements and terminal equipment (including weighing devices), together with a staff adequate to ensure the proper operation of all such loading and unloading facilities and terminal equipment; (f) ensure that all wagons are properly trimmed and loaded to prescribed tonnages; Rolling Stock 2 (g) provide sufficient wagons (to a design and specification approved by the Railways Commission) to carry all bauxite coal fuel oil caustic soda lime and limestone to the refinery and alumina to the port of Bunbury and necessary replacements therefor except replacements made necessary solely by the negligence of the Commission; Freight Rates 2 (h) pay in respect of all commodities carried in trains operated by the Railways Commission the appropriate freight rates set out or referred to in the First Schedule hereto by monthly payments on the basis of the anticipated or provisional annual tonnage indicated in the forward pattern of working referred to in Clause 5(2)(d) hereof subject to annual adjustment after the expiration of each year with regard to tonnages actually carried and in ascertaining the number of tons actually carried railway weighbridge weights or such alternative method of measuring as is mutually agreed shall be used but in no event shall any allowance be made for moisture contained in the material transported; Costs of dredging 2 (3) (a) (i) advance to the State a sum of one million five hundred thousand dollars ($1,500,000) towards the cost of the dredging in progress in the port of Bunbury for an access channel and turning basin, and for the dredging of a berth for the Joint Venturers in that port and also for the reclamation of adequate areas of land for the establishment of the stockpile area; (ii) advance to the State a sum of four hundred thousand dollars ($400,000) towards the cost of dredging the access channel and turning basin from 36 feet to 40 feet PROVIDED THAT in the event of the State or the Bunbury Port Authority receiving contributions towards the cost of such dredging from other users of the port (other than Alcoa of Australia (W.A.) N.L.) requiring a greater depth than 36 feet the State, having regard to the amount of the contributions of such other users as aforesaid and to the State's existing obligations to refund to Alcoa of Australia (W.A.) N.L. part of any contribution that the Joint Venturers may have made to the cost of such dredging, shall return to the Joint Venturers such part of the said sum of four hundred thousand dollars ($400,000) as is equitable; Additional Dredging 2 (iii) in the event of the Joint Venturers desiring to use vessels requiring a greater depth of water than forty (40) feet and/or a greater width of access channel than four hundred and fifty (450) feet advance to the State a sum to be agreed towards the additional dredging necessary PROVIDED THAT in the event or any such additional dredging being carried out in accordance with this provision the State will to such extent and for such period as is reasonable having regard to the cost of that dredging charge for the use of the additional depth so provided all persons (including the Joint Venturers) having industrial or trading establishments at Bunbury and who in any one year move cargo of 300,000 tons or more (whether inward or outward) through the port of Bunbury in vessels drawing more than forty (40) feet AND the State shall from the proceeds of such charges return to the Joint Venturers the agreed sum; (iv) in the event of their electing to construct a wharf in the port of Bunbury, construct such wharf in accordance with plans and specifications approved by the State; Use of Wharf by Others 2 (v) provided that such use shall not interfere with the Joint Venturers' own requirements in regard thereto, permit any wharf constructed by them to be used by any other person for the handling of inward and outward cargo belonging to that person; the Joint Venturers and the Bunbury Port Authority shall from time to time mutually agree upon terms and conditions (including charges) for such handling and if required by the Authority the Joint Venturers shall act as its agent for and in relation to the collection of such charges and shall remit to the Authority the portion thereof which shall be payable to the Authority; the Joint Venturers may in addition to allowing any other person to use that part of the wharf as aforesaid, permit, in their sole discretion, such other person to use the Joint Venturers' bulk loading and other facilities at the berth on reasonable terms and conditions; Construction of Ship Loader and Conveyor System 2 (b) (i) whether or not the Joint Venturers construct a wharf as aforesaid, if required by the Authority, at a place within the port of Bunbury and in accordance with plans and specifications first approved by the Authority, construct a shiploader and conveyor system at the Joint Venturers' expense capable of loading alumina into ships at a rate of not less than 1,200 tons per hour; (ii) at the sole discretion of the Joint Venturers permit any shiploader and conveyor system constructed at their expense to be used by third parties on reasonable terms and conditions; (iii) in the event of the Bunbury Port Authority's electing to construct the shiploader and conveyor system at the Authority's expense, pay such handling charges for the use of the shiploader and conveyor system as the Authority may from time to time determine; Wharfage 2 (c) (i) throughout the continuance of this Agreement pay to the Bunbury Port Authority a wharfage charge for cargo passing over the wharf at the rate of 15 cents per ton or such other rate as may be agreed in respect of alumina and associated chemicals and by‑products loaded through the shiploader and conveyor system and at rates to be negotiated for all other cargoes; PROVIDED THAT in each calendar year in which the total tonnage of bulk materials passing through the inner harbour exceeds two million (2,000,000) tons the wharfage charge payable by the Joint Venturers on all alumina and associated chemicals and by‑products loaded through the shiploader and conveyor system in excess of eight hundred thousand (800,000) tons shipped in that year shall be reduced by three cents per ton; Handling Charges 2 (ii) pay to the Bunbury Port Authority standard handling charges on all the Joint Venturers cargo other than alumina and associated chemicals and by‑products loaded through the shiploader and conveyor system handled by the Authority but no charge shall be made in respect of liquid caustic and fuel oil if and when a pipeline and related facilities are constructed at the expense of the Joint Venturers to convey these substances from the point of import at Bunbury to the stockpile area or refinery; PROVIDED THAT the wharfage and handling charges (if any) payable pursuant to this Agreement shall be adjusted from time to time in proportion to any increase or decrease in the scale of wharfage and handling charges of the Bunbury Port Authority in respect of locally manufactured goods AND PROVIDED FURTHER that nothing in this Clause shall be taken to imply any exemption from the payment of tonnage rates, conservancy dues or any other charges that would normally be payable by ships using the port of Bunbury; (d) throughout the continuance of this Agreement pay to the Bunbury Port Authority an annual rental to be agreed between the parties for land leased to the Joint Venturers at the port of Bunbury; Red mud 2 (4) not less than two years prior to the estimated production date have submitted to and have had approved by the Minister proposals for the ponding of the red mud that is to be anticipated from 63 years production of alumina at the refinery and such proposals must provide — (a) for the progressive acquisition or leasing of land suitably situated and sufficient in area for residue storage; (b) for the formation of the ponds by constructing raised earth embankments to standards similar to those of an earth dam; (c) for the location, construction and maintenance of the ponds so as to avoid interference to or pollution of underground water, groundwater or the land drainage system and for the establishment of an adequate system of observation wells for testing for such pollution, for the taking of samples from these wells every three months, the submission of such samples to chemical analysis and for producing to the Minister in writing the results of all such analyses; (d) an alternative and satisfactory method of disposal should the particular ponding prove inadequate to prevent pollution; (e) for the progressive and adequate covering of filled ponds with soil and for the landscaping of such covered areas and the planting of trees and shrubs thereon; AND PROVIDED THAT — the Joint Venturers shall not sell or dispose of any land which, pursuant to the requirements of this subclause, has been acquired or leased by the Joint Venturers for the purpose of the disposal of red mud and which has been used for the ponding of red mud and subsequently covered with soil in accordance with the requirements of paragraph (e) of this subclause without having first offered to sell it to the State nor (other than to the State) within twenty‑eight (28) days of any such offer having been made PROVIDED FURTHER THAT should the State notify the Joint Venturers that it desires to acquire any part of such land the Joint Venturers shall sell to the State at fair market value such part of the land as they do not reasonably require for their own industrial purposes; Disposal of Other Waste Materials 2 (5) dispose of all waste materials other than red mud generated within the refinery site in such manner as to prevent the pollution of rivers, groundwater and undergr