Barrow Island Act 2003 (WA)

Western Australia Barrow Island Act 2003 Western Australia Barrow Island Act 2003 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Notes not part of Act 1 Part 2 — Ratification of Agreement 5. Agreement and variation ratified and implementation authorised 1 Part 3 — Use of reserve under the Land Administration Act 1997 6. Leasing parts of reserve 1 7. Licences affecting reserve 1 8. Easements affecting reserve 1 9. No more than 332 ha in total of uncleared land to be subject of leases, licences or easements 1 10. Status and purposes of reserve not affected 1 Part 4 — Conveyance and underground disposal of carbon dioxide 11. Petroleum Pipelines Act 1969 applies to pipelines on Barrow Island for conveyance of carbon dioxide 1 13. Disposal of carbon dioxide underground 1 Part 5A — Indemnification by State for long‑term liability resulting from underground disposal of carbon dioxide 14A. Terms used 1 14B. Notice that Commonwealth representative is satisfied of certain matters 1 14C. Declaration of liability assumption date 1 14D. State to indemnify 1 14E. Payment under indemnity and appropriation 1 14F. Disclosure of information to Commonwealth representative 1 Part 5 — Miscellaneous 14. Requirement to obtain authorisations under other laws not affected 1 15. Limitations on gas processing projects on Barrow Island 1 16. Land used for gas processing project purpose is rateable land 1 17A. Protection from liability for wrongdoing 1 17. Regulations 1 18. Review of Act on cessation of Agreement 1 Schedule 1 — Gorgon Gas Processing and Infrastructure Project Agreement Schedule 2 — 2013 variation agreement Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Barrow Island Act 2003 An Act — * to ratify, and authorise the implementation of, an agreement between the State and the Gorgon joint venturers relating to a proposal to undertake offshore production of natural gas and other petroleum and a gas processing and infrastructure project on Barrow Island; the agreement having been entered into having regard to the need to minimise environmental disturbance on Barrow Island (a class A nature reserve) and providing for the support of conservation programs relating to Barrow Island and other parts of the State; * to make provisions to enable land on Barrow Island (but no more than 332 ha in total of uncleared land) to be used, under the Land Administration Act 1997, for gas processing project purposes; * to make provisions as to the conveyance and underground disposal of carbon dioxide recovered during gas processing on Barrow Island, and for incidental purposes. [Long title amended: No. 24 of 2013 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Barrow Island Act 2003. 2. Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent. [(2) deleted] [Section 2 amended: No. 13 of 2005 s. 48(2).] 3. Terms used In this Act — 2013 variation agreement means the agreement a copy of which is set out in Schedule 2; Barrow Island lease means the petroleum lease dated 27 February 1967 granted under the Petroleum Act 1936 and registered as Number 1H and named "Barrow Island" under that Act and includes that lease as renewed, substituted or varied; Note for this definition: Though repealed by the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum Act 1936 continues to apply to the Barrow Island lease and renewals of it (see the Petroleum and Geothermal Energy Resources Act 1967 s. 134). Barrow Island lessee means the lessee under the Barrow Island lease; BI Act Minister means the Minister to whom the administration of this Act is for the time being committed; CALM Act Minister means the Minister to whom the administration of the Conservation and Land Management Act 1984 is for the time being committed; carbon dioxide means gases consisting predominantly of carbon dioxide recovered during gas processing on Barrow Island; gas means natural gas and other petroleum; gas processing project purpose includes, without limiting the ordinary meaning of the term, any of the following — (a) the conveyance by pipeline of gas or a product of gas processing; (b) the provision of support facilities and services — (i) for any gas processing project on Barrow Island; or (ii) for purposes of the Barrow Island lease; (c) the provision of emergency shelter facilities on Barrow Island; (d) any other purpose ancillary or beneficial to a gas processing project purpose; LA Act means Land Administration Act 1997; LA Act Minister has the meaning given to "Minister" in the LA Act section 3(1); the Agreement means the Gorgon Gas Processing and Infrastructure Project Agreement, a copy of which is set out in Schedule 1, and, except in section 5(1), includes the Agreement as varied from time to time in accordance with its provisions and by the 2013 variation agreement; the reserve means class A reserve no. 11648 comprising the whole of Barrow Island that is reserved under the LA Act section 41 for the purpose of conservation of flora and fauna. [Section 3 amended: No. 24 of 2013 s. 5.] 4. Notes not part of Act Notes in this Act are provided to assist understanding and do not form part of the Act. Part 2 — Ratification of Agreement 5. Agreement and variation ratified and implementation authorised (1) The Agreement is ratified. (2A) The 2013 variation agreement is ratified. (2) The implementation of the Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Agreement operates and takes effect despite any other Act or law. [Section 5 amended: No. 24 of 2013 s. 6.] Part 3 — Use of reserve under the Land Administration Act 1997 6. Leasing parts of reserve (1) The LA Act Minister may, under the LA Act section 79, grant a lease of land that is part of the reserve for a gas processing project purpose, even though that land is part of the reserve, but subject to section 9. (2) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the BI Act Minister for the LA Act Minister to do any of the following in relation to a lease referred to in that subsection — (a) grant the lease; (b) fix the duration of the lease under the LA Act section 79(1)(b); (c) determine an option for the renewal of the lease under the LA Act section 79(3)(a); (d) extend the term of or vary a provision of the lease under the LA Act section 79(4); (e) give an approval under the LA Act section 18(7) in relation to the lease where the lease is granted to a person who is not a party to the Agreement; (f) accept the surrender of the lease under the LA Act section 81(1); (g) order the lease to be forfeited under the LA Act section 35(3); (h) remove fixtures from, or cause improvements to, the leased land under the LA Act section 92(3); (i) grant an option for the lease under the LA Act section 88(1); (j) vary a condition of a sublease of the lease under the LA Act section 81(3). (3) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the CALM Act Minister for the LA Act Minister to determine or vary, under the LA Act section 79(1)(c), a condition of a lease referred to in subsection (1) that relates to or affects the conservation of flora and fauna on the reserve. (4) The LA Act Minister is not to grant a lease referred to in subsection (1) in relation to an area of the reserve that would, if granted, coincide with or overlap the area to which the Barrow Island lease relates, unless the Barrow Island lease — (a) has been surrendered under the Petroleum Act 1936 section 66 in respect of the area to which the lease relates; or (b) is otherwise no longer in force in respect of the area to which the lease relates. Note for this subsection: Though repealed by the Petroleum and Geothermal Energy Resources Act 1967, the Petroleum Act 1936 continues to apply to the Barrow Island lease and renewals of it (see the Petroleum and Geothermal Energy Resources Act 1967 s. 134). (5) For the purposes of granting a lease referred to in subsection (1), the Petroleum Act 1936 section 66 is to be read as enabling the Barrow Island lessee, at any time with the consent of the Governor, to surrender any part of the Barrow Island lease including the natural surface and below the natural surface to a depth specified in the instrument of surrender. (6) The LA Act sections 12 and 14 do not apply to a lease referred to in subsection (1) or a proposed lease of that kind. (7) The LA Act section 18 does not apply to a lease referred to in subsection (1) that is granted to a person who is a party to the Agreement. [Section 6 amended: No. 4 of 2023 s. 103.] 7. Licences affecting reserve (1) The LA Act Minister may, under the LA Act section 91, grant a licence in respect of land that is part of the reserve for a gas processing project purpose, even though that land is part of the reserve, but subject to section 9. (2) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the BI Act Minister and, if the Barrow Island lessee's consent is required under the Barrow Island lease, the Barrow Island lessee for the LA Act Minister to do any of the following in relation to a licence referred to in that subsection — (a) grant the licence; (b) fix or extend the duration of the licence under the LA Act section 91(2)(a); (c) amend a provision of the licence under the LA Act section 91(2)(d). (3) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the CALM Act Minister for the LA Act Minister to determine, under the LA Act section 91(2)(b), or vary, a condition of a licence referred to in subsection (1) that relates to or affects the conservation of flora and fauna on the reserve. (4) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the BI Act Minister for the LA Act Minister to do any of the following in relation to a licence referred to in that subsection — (a) give an approval under the LA Act section 18(7) in relation to the licence where the licence is granted to a person who is not a party to the Agreement; (b) terminate the licence under the LA Act section 91(3). (5) For the purposes of subsection (1), the LA Act section 91(5) is to be read as providing that nothing in that Act prevents the simultaneous existence on the same area of the reserve of — (a) a licence referred to in subsection (1); and (b) a mining, petroleum or geothermal energy right, as that term is defined in the LA Act section 3(1), including a right under the Barrow Island lease. (6) The LA Act sections 12 and 14 do not apply to a licence referred to in subsection (1) or a proposed licence of that kind. (7) The LA Act section 18 does not apply to a licence referred to in subsection (1) that is granted to a person who is a party to the Agreement. [Section 7 amended: No. 35 of 2007 s. 90.] 8. Easements affecting reserve (1) The LA Act Minister may, under the LA Act section 144, grant an easement in respect of land that is part of the reserve for a gas processing project purpose, even though that land is part of the reserve, but subject to section 9. (2) For the purposes of subsection (1) — (a) while the Barrow Island lease is in force — (i) the references in the LA Act Part 8 to the management body are to be read as if they were references to the BI Act Minister; and (ii) the references in the LA Act Part 8 to the lessee or any other person having any interest, right, title, or power in respect of the relevant land are to be read as if they were references to — (I) each person to whom is granted a lease referred to in section 6(1), a licence referred to in section 7(1) or an easement referred to in section 8(1); and (II) if the Barrow Island lessee's consent is required under the Barrow Island lease, the Barrow Island lessee; and (b) when the Barrow Island lease is not in force, the references in the LA Act Part 8 to the management body are to be read as if they were references to the BI Act Minister. (3) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the CALM Act Minister for the LA Act Minister to specify, under the LA Act section 144(1)(b), or vary, a condition of an easement referred to in subsection (1) that relates to or affects the conservation of flora and fauna on the reserve. (4) For the purposes of subsection (1), the LA Act is to be read as requiring the consent of the BI Act Minister for the LA Act Minister to do any of the following in relation to an easement referred to in that subsection — (a) give an approval under the LA Act section 18(7) in relation to the easement where the easement is granted to a person who is not a party to the Agreement; (b) order the easement to be cancelled under the LA Act section 145; (c) order the easement to be forfeited under the LA Act section 35(3). (5) The LA Act sections 12, 14 and 44 do not apply to an easement referred to in subsection (1), or a proposed easement of that kind. (6) The LA Act section 18 does not apply to an easement referred to in subsection (1) that is granted to a person who is a party to the Agreement. [Section 8 amended: No. 4 of 2023 s. 104.] 9. No more than 332 ha in total of uncleared land to be subject of leases, licences or easements (1) The total area of uncleared land made up by the parts of the reserve that are the subject of leases referred to in section 6(1), licences referred to in section 7(1) or easements referred to in section 8(1) is not to exceed 332 ha. (2) In subsection (1) — uncleared land means land that is not cleared at the time of the grant, in relation to the land, of a lease referred to in section 6(1), a licence referred to in section 7(1) or an easement referred to in section 8(1). [Section 9 amended: No. 24 of 2013 s. 7.] 10. Status and purposes of reserve not affected (1) Despite the grant of a lease referred to in section 6(1), a licence referred to in section 7(1) or an easement referred to in section 8(1) — (a) the reserve remains a class A reserve under the LA Act reserved for the purpose of conservation of flora and fauna; and (b) the grant is not to be treated as reducing the area of, or excising an area from, the reserve for the purposes of the LA Act section 42(4). (2) Nothing in this Act affects the operation of the LA Act section 45(3). Part 4 — Conveyance and underground disposal of carbon dioxide 11. Petroleum Pipelines Act 1969 applies to pipelines on Barrow Island for conveyance of carbon dioxide (1) The provisions of the Petroleum Pipelines Act 1969 apply as if there were included in the definition of "petroleum" in section 4(1) of that Act a reference to carbon dioxide. (2) Despite paragraph (b)(ii) of the definition of "pipeline" in section 4(1) of the Petroleum Pipelines Act 1969, that definition is to be treated as including a pipeline for the conveyance of carbon dioxide to a place on Barrow Island for the purpose of disposing of the carbon dioxide in an underground reservoir or other subsurface formation. [12. Deleted: No. 13 of 2005 s. 48(3) 1.] 13. Disposal of carbon dioxide underground (1) A person must not inject carbon dioxide into an underground reservoir or other subsurface formation for the purpose of disposing of the carbon dioxide unless the person has the BI Act Minister's approval under this section to do so. Penalty: $50 000. (2) An application for the BI Act Minister's approval under this section — (a) is to be made in the form and manner approved by the BI Act Minister; and (b) is to be accompanied by particulars of — (i) the position, size, capacity and geological structure of the underground reservoir or other subsurface formation; and (ii) the rate of the proposed disposal of the carbon dioxide, the volume and composition of the carbon dioxide proposed to be disposed of and the expected duration of the proposed disposal; and (iii) the methods proposed to be used for the injection and disposal of the carbon dioxide; and (iv) the capability of the underground reservoir or other subsurface formation to confine the disposed carbon dioxide; and (v) technical advice and data available to the applicant in relation to the proposed disposal; and (c) is to be accompanied by the prescribed fee, if any. (3) The BI Act Minister may, at any time, require the applicant — (a) to give the BI Act Minister, within the time specified by that Minister, further information in writing in connection with the application; or (b) to inform such other persons as the BI Act Minister considers necessary that the application has been made. (4) In considering an application under this section the BI Act Minister may seek, and have regard to, the advice or information of any person on a matter that in the opinion of that Minister is relevant to the proposed disposal. (5) The BI Act Minister is not to give his or her approval under this section unless the BI Act Minister has consulted, and had regard to the advice, if any, of — (a) the LA Act Minister; and (b) the CALM Act Minister; and (c) any other person who is required to be informed under subsection (3)(b) of the application. (6) The BI Act Minister may grant his or her approval under this section subject to any condition or restriction including, without limiting the generality of the Minister's discretion, a condition as to — (a) the payment of money to the State; or (b) indemnification of the State; or (c) the transferability or otherwise of the approval. Part 5A — Indemnification by State for long‑term liability resulting from underground disposal of carbon dioxide [Heading inserted: No. 13 of 2015 s. 4.] 14A. Terms used In this Part — CO2 means carbon dioxide; CO2 disposal management plan has the meaning given in the section 13 approval in clause 1 of the collateral deed; CO2 injection cessation date has the meaning given in the section 13 approval in clause 1 of the collateral deed; CO2 injection operations means the disposal of CO2 recovered during gas processing on Barrow Island undertaken as part of the Project by — (a) injecting that CO2 into the formation as part of a process known as geosequestration; and (b) establishing and operating infrastructure and facilities for that purpose and conducting associated monitoring activities, in accordance with the Agreement and the section 13 approval; CO2 injection site closure notice means a notice issued no earlier than 15 years after the CO2 injection cessation date in accordance with clause 8 of the collateral deed; collateral deed means the CO2 Disposal by Injection — Collateral Deed dated 14 September 2009 executed by the then Joint Venturers (Chevron (TAPL) Pty Ltd (ABN 18 081 647 047), Mobil Australia Resources Company Pty Limited (ABN 38 000 113 217) and Shell Development (Australia) Proprietary Limited (ABN 14 009 663 576)) in favour of the State and given in compliance with condition 2 of the section 13 approval; common law liability means liability for damages — (a) in an amount claimed on the basis of a common law cause of action and either — (i) awarded by a court; or (ii) payable under a settlement, if the settlement was reached with the prior approval of the Commonwealth representative and the BI Act Minister as to the amount; and (b) not arising as a result of a failure by any of the Joint Venturers to act in good faith or without malice, fraud or recklessness; Commonwealth representative means — (a) the Minister of the Commonwealth to whom the administration of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) is from time to time committed; or (b) another Minister or official of the Commonwealth that is from time to time notified to the BI Act Minister by the Minister referred to in paragraph (a); formation has the meaning given in the section 13 approval; Gorgon CO2 means CO2 recovered during processing of gas or other petroleum from the Title Areas or, in accordance with clause 18 of the Gorgon Agreement, from the Greater Gorgon Area, the Barrow Island Lease or other areas and includes flue gas from the treatment plant constructed and operated by the Joint Venturers as part of the Project; Greater Gorgon Area has the meaning given in clause 1 of the Agreement; holding company has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; independent third party means a natural person or entity who is not — (a) the State or the Commonwealth; or (b) any of the Joint Venturers; or (c) a related entity of any of the Joint Venturers; Joint Venturers has the meaning given in the Agreement and includes each of the former Joint Venturers; leakage means the physical leakage of CO2 from the formation into the atmosphere, biosphere or hydrosphere, other than as predicted in the section 13 approval; liability assumption date means the day declared by the BI Act Minister as the liability assumption date by notice under section 14C(1); Project has the meaning given in clause 1 of the Agreement; related entity means — (a) a holding company; or (b) a subsidiary; or (c) a subsidiary of a holding company; or (d) an Associated Entity (as defined in clause 1 of the Agreement); section 13 approval means the document dated 14 September 2009 setting out the conditions and restrictions of the BI Act Minister's approval granted to the then Joint Venturers (Chevron (TAPL) Pty Ltd (ABN 18 081 647 047), Mobil Australia Resources Company Pty Limited (ABN 38 000 113 217) and Shell Development (Australia) Proprietary Limited (ABN 14 009 663 576)) under section 13 to inject CO2 into the formation as varied, added to or substituted for in accordance with condition 19 of that document and, for the avoidance of doubt, includes the collateral deed and the CO2 disposal management plan; subsidiary has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; Title Areas has the meaning given in clause 1 of the Agreement. [Section 14A inserted: No. 13 of 2015 s. 4.] 14B. Notice that Commonwealth representative is satisfied of certain matters (1) The BI Act Minister may, after the expiration of the 15 year period beginning on the CO2 injection cessation date, request the Commonwealth representative to give the BI Act Minister notice that the Commonwealth representative is satisfied in respect of the matters listed in subsection (2). (2) The matters in respect of which the Commonwealth representative must be satisfied are as follows — (a) the Gorgon CO2 injected into the formation is behaving as predicted in the modelling of the plume provided by the Joint Venturers to the BI Act Minister either — (i) as part of the application under section 13 that resulted in the grant of the section 13 approval; or (ii) in subsequent refinements of that modelling accepted by the BI Act Minister in accordance with the section 13 approval, and there is no significant risk of leakage; (b) there is no significant risk that the CO2 in the formation will have a significant adverse impact on the geotechnical integrity of the whole or a part of a geological formation or a geological structure; (c) there is no significant risk that the CO2 in the formation will have a significant adverse impact on the environment, or other geological resources, including groundwater; (d) there is no significant risk that the CO2 in the formation will have a significant adverse impact on human health or safety; (e) for at least 15 years since the CO2 injection cessation date there have not been any operations to inject CO2 into the formation; (f) for at least 15 years since the CO2 injection cessation date there have not been any operations to inject any other substances into the formation other than where that was necessary for legitimate and appropriate plume monitoring and management activities; (g) the BI Act Minister has advised that he or she has issued or is intending to issue a CO2 injection site closure notice in accordance with the section 13 approval. [Section 14B inserted: No. 13 of 2015 s. 4.] 14C. Declaration of liability assumption date (1) The BI Act Minister must, by notice published in the Gazette, declare a particular day as the liability assumption date if — (a) the Commonwealth representative has given the notice requested under section 14B(1); and (b) the BI Act Minister has issued a CO2 injection site closure notice. (2) The liability assumption date must not be earlier than the day on which the notice under subsection (1) is published. [Section 14C inserted: No. 13 of 2015 s. 4.] 14D. State to indemnify The State will indemnify the Joint Venturers for their common law liability to independent third parties arising after the liability assumption date for loss or damage caused by the injection of Gorgon CO2 in the formation where that loss or damage is attributable to an act done, or omitted to be done, in the carrying out of CO2 injection operations under the authority of the section 13 approval. [Section 14D inserted: No. 13 of 2015 s. 4.] 14E. Payment under indemnity and appropriation The payment of any money under the indemnity in section 14D is to be made by the Treasurer and charged to the Consolidated Account, which this section appropriates to the necessary extent. [Section 14E inserted: No. 13 of 2015 s. 4.] 14F. Disclosure of information to Commonwealth representative (1) The BI Act Minister may, at any time, disclose to the Commonwealth representative information or any document that — (a) relates to CO2 injection operations or to a proposal by the Joint Venturers that relates to CO2 injection operations; or (b) is relevant to — (i) a matter listed in section 14B(2); or (ii) the existence (or otherwise) or extent of liability mentioned in section 14D. (2) Subsection (1) applies to information or documents whether given to the BI Act Minister by the Joint Venturers, produced by or on behalf of the BI Act Minister or otherwise obtained by the BI Act Minister. [Section 14F inserted: No. 13 of 2015 s. 4.] Part 5 — Miscellaneous 14. Requirement to obtain authorisations under other laws not affected (1) The grant of — (a) a lease referred to in section 6(1); or (b) a licence referred to in section 7(1); or (c) an easement referred to in section 8(1); or (d) an approval under section 13, does not affect the requirement to obtain under any written law (including the Petroleum Pipelines Act 1969 as modified by section 11) a licence, permit, lease, approval, consent, registration, reservation, exemption or any other kind of authorisation to do an act that would be unlawful if done without the relevant authorisation. (2) A requirement to obtain under the LA Act an authorisation referred to in subsection (1) is subject to the modifications to the LA Act made under Part 3. (3) Nothing in subsection (1) affects the operation of the Agreement. 15. Limitations on gas processing projects on Barrow Island (1) Any gas processing project on Barrow Island must be the subject of a Government agreement as defined in the Government Agreements Act 1979 section 2. (2) Subsection (1) does not apply to gas processing under the Barrow Island lease. (3) After the Barrow Island Coordination Council is formed under clause 13 of the Agreement, a person cannot operate a gas processing project on Barrow Island unless the person is a participant in the Council. 16. Land used for gas processing project purpose is rateable land For the avoidance of doubt in the interpretation of the Local Government Act 1995 section 6.26(2)(a)(i), it is declared that any part of the reserve that, at a particular time, is being used for a gas processing project purpose, is not being used or held for a public purpose. 17A. Protection from liability for wrongdoing (1) An action in tort does not lie against a person for anything that the person has done, in good faith, in the performance or purported performance of a function under this Act. (2) The protection given by subsection (1) applies even though the thing done as described in that subsection may have been capable of being done whether or not this Act had been enacted. (3) Despite subsection (1), the State is not relieved of any liability that it might have for another person having done anything as described in that subsection. (4) In this section a reference to the doing of anything includes a reference to the omission to do anything. [Section 17A inserted: No. 13 of 2015 s. 5.] 17. Regulations The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act. 18. Review of Act on cessation of Agreement (1) In the event that the Agreement ceases under clause 4(1) or 8(6) of the Agreement, the BI Act Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the day on which the Agreement ceases, and in the course of that review that Minister is to consider and have regard to — (a) the need for the continuation of the operation of this Act; and (b) such other matters as appear to that Minister to be relevant to the operation and effectiveness of this Act. (2) The BI Act Minister is to prepare a report based on his or her review made under subsection (1) and, as soon as is practicable after the preparation of the report, is to cause the report to be laid before each House of Parliament. Schedule 1 — Gorgon Gas Processing and Infrastructure Project Agreement [s. 3] THIS AGREEMENT is made this 9th day of September 2003 BETWEEN: THE HONOURABLE GEOFFREY IAN GALLOP, B.Ec., MA., MPhil., DPhil., M.L.A., Premier 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 CHEVRONTEXACO AUSTRALIA PTY. LTD. ABN 29 086 197 757 of Level 24 QV1 Building, 250 St George's Terrace, Perth, Western Australia, TEXACO AUSTRALIA PTY. LTD. ABN 18 081 647 047 of Level 24 QV1 Building, 250 St George's Terrace, Perth, Western Australia, MOBIL AUSTRALIA RESOURCES COMPANY PTY. LIMITED ABN 38 000 113 217 of 12 Riverside Quay, Southbank, Melbourne, Victoria and SHELL DEVELOPMENT (AUSTRALIA) PROPRIETARY LIMITED ABN 14 009 663 576 of Level 28 QV1 Building, 250 St George's Terrace, Perth, Western Australia (hereinafter collectively called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns) of the other part. WHEREAS: A. The Joint Venturers are the holders of the Title Areas (as hereinafter defined) granted under the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and propose to undertake offshore production of natural gas and other petroleum from those areas and a gas processing and infrastructure project as hereinafter defined as the Project on Barrow Island. B. The State, for the purpose of promoting industrial development in Western Australia and the supply of gas to the mainland of Western Australia, desires to facilitate the establishment of the Project upon and subject to the terms of this Agreement. C. The State and the Joint Venturers recognise the need for employment and training opportunities for the Western Australian workforce and for participation in the proposed development by suppliers manufacturers contractors and consultants resident in Western Australia. D. The State and the Joint Venturers acknowledge the high biodiversity value on Barrow Island and the need for this Agreement to provide for net environmental, social and economic benefits for current and future generations and the need for minimisation of environmental impact of the Project on Barrow Island. NOW THIS AGREEMENT WITNESSES: Definitions 1. In this Agreement subject to the context: "advise", "apply", "approve", "approval", "consent", "certify", "direct", "notice", "notify", "request", or "require", means advise, apply, approve, approval, consent, certify, direct, notice, notify, request or require in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning; "Associated Entity" means: (a) in relation to a Joint Venturer other than Shell Development (Australia) Proprietary Limited ("Shell"): (i) a body corporate, partnership or other legal entity which is directly or indirectly controlled by the Joint Venturer; (ii) a body corporate, partnership or other legal entity which directly or indirectly controls the Joint Venturer; or (iii) a body corporate, partnership or other legal entity which is di