Cooper Basin (Ratification) Act 1975 (SA)

South Australia Cooper Basin (Ratification) Act 1975 An Act to ratify and approve a certain Indenture between the State of South Australia and others; and for other purposes. Contents 1 Short title 3 Interpretation 4 Position of Commonwealth Government 5 Amending agreements to be approved by Act 6 Ratification of Indenture 7 Power in Governor to vest lands 8 Modification of application of law of State to certain real property 9 Grant of licences under Petroleum Act 10 Contiguous areas etc 11 Additional powers of Minister 12 Additional rights to licensees 13 Rates, taxes etc 14 Exemptions 15 Remote supervisory control systems 16 Approval of certain things 17 No liability to partition 18 Royalties 19 Non-application of section 24A of Arbitration Act 20 Application of this Act to lands subject to Real Property Act 21 Other Acts or law not affected 22 Regulations Schedule—The Indenture Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Cooper Basin (Ratification) Act 1975. 3—Interpretation (1) In this Act, unless the contrary intention appears— AGL Letter of Agreement means the letter of agreement entered into on 26 May 1971 between The Australian Gas Light Company of the one part and Alliance Petroleum Australia NL, Basin Oil NL, Bridge Oil Ltd (formerly Bridge Oil NL), Delhi International Oil Corporation, Pursuit Oil NL, Reef Oil NL, Santos Ltd, Total Exploration Australia Pty Ltd, and Vamgas NL of the other part and includes all agreements supplementing or amending that agreement— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance; authorised agreement—each of the following is an authorised agreement: (a) the Indenture; (b) the Liquids Agreement; (c) the AGL Letter of Agreement; (d) the Fixed Factor Settlement Agreement; (e) the Right of Way Agreement; (f) the Unit Agreement; (g) the Downstream Agreement; (h) Pipeline Licence No 2; (i) each of the Liquids Sales Contracts; Downstream Agreement means the agreement made on 31 December 1981 between Alliance Petroleum Australia NL, Basin Oil NL, Bridge Oil Ltd, Bridge Oil Developments Pty Ltd, Crusader Resources NL, Delhi Petroleum Pty Ltd, Reef Oil NL, Santos Ltd, South Australian Oil and Gas Corporation Pty Ltd, Total Exploration Australia Pty Ltd, and Vamgas Ltd and includes all agreements supplementing or amending that agreement— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance; Fixed Factor Settlement Agreement means the agreement dated 5 December 1996 between Santos Ltd, Delhi Petroleum Pty Ltd, Santos Petroleum Pty Ltd, Boral Energy Resources Ltd, Vamgas Pty Ltd, Crusader Resources NL, Bridge Oil Developments Pty Ltd, Santos (BOL) Pty Ltd, Reef Oil Pty Ltd, Alliance Petroleum Australia Pty Ltd, and Basin Oil NL and includes all instruments supplementing or amending that agreement— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance; Indenture means the indenture a copy of which is set out in the Schedule and includes appendices forming part of that indenture and, subject to section 5, includes that indenture as amended; liquids means any product (as defined in the Liquids Agreement) to which the Liquids Agreement relates; Liquids Agreement means the Stony Point (Liquids Project) Indenture; Liquids Sales Contracts means the contracts for or in relation to the sale of liquids made by the Producers or any one or more of them before the commencement of the Cooper Basin (Ratification) Amendment Act 2003 and includes all instruments supplementing or amending any such contract— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance; party includes an agent, successor or assign of a party; Pipeline Licence No 2 means the pipeline licence referred to in the Liquids Agreement as Pipeline Licence No 2; Right of Way Agreement means the agreement referred to in the Liquids Agreement as the PASA and Producers (Right of Way) Agreement and includes all instruments supplementing or amending that agreement— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance; Unit Agreement means the agreement entered into on 21 December 1976 between Alliance Petroleum Australia NL, Basin Oil NL, Bridge Oil Ltd, Delhi International Oil Corporation, Pursuit Oil NL, Reef Oil NL, Santos Ltd and Vamgas NL and includes all agreements supplementing or amending that agreement (including supplementary or amending agreements to which a person who is not a party to the principal agreement is a party)— (a) that were made before the commencement of the Cooper Basin (Ratification) Amendment Act 2003; or (b) that are authorised or ratified by an Act; or (c) that are submitted to, and approved by, the Minister as being of only minor significance. (2) Where an expression used in this Act is defined in Clause 1 of the Indenture that expression shall, for the purposes of this Act and unless the contrary intention appears, bear the meaning assigned to it by that clause. 4—Position of Commonwealth Government (1) It is the intention of the Parliament that this Act, so far as it lawfully may, shall be held and construed as applying to the Commonwealth and any agency, instrumentality or authority of the Commonwealth in so far as the Commonwealth or any such agency, instrumentality or authority is or becomes a party to the Indenture. (2) The Petroleum Act 1940 shall apply and have effect to and in relation to the Indenture and to any matter or thing arising thereunder as if there were inserted in subsection (1) of section 6 of that Act after paragraph (iii) of that subsection the following passage: or (iv) the Commonwealth, or any agency, instrumentality or authority of the Commonwealth. (3) The Petroleum Act 1940 shall apply and have effect to and in relation to the Indenture and in any matter or thing arising thereunder as if there were inserted in section 41 of that Act after paragraph (c) the following passage: and (d) if made by the Commonwealth, any agency, instrumentality or authority of the Commonwealth—be signed by such person as the Minister requires. (4) The Petroleum Act 1940 shall apply and have effect to and in relation to the Indenture and any matter or thing arising thereunder as if the expression "person" therein extended to include a reference to the Commonwealth and any agency, instrumentality or authority of the Commonwealth. 5—Amending agreements to be approved by Act (1) No agreement, made on or after the commencement of this Act, purporting to amend the Indenture shall, for the purposes of this Act, have any force or effect until it has been ratified by an Act. (2) Any Act that ratifies an agreement referred to in subsection (1) of this section may provide that the agreement shall be deemed to have been ratified on a day that occurred before the day on which that Act was enacted. 6—Ratification of Indenture (1) The Indenture is hereby approved and ratified. (2) The Premier, the Minister and the Government of the State are hereby authorised, empowered and required to do all things necessary or expedient for the carrying out of and the giving of full effect to the Indenture. 7—Power in Governor to vest lands For the purposes of giving effect to subclause (1) of clause 4 of the Indenture and, notwithstanding any Act or law to the contrary the Governor may grant— (a) an estate in fee simple over the land referred to in that subclause as being delineated in red on the plans annexed to the Indenture as Appendix "A" thereof; and (b) the easements and rights referred to in that subclause. 8—Modification of application of law of State to certain real property To the extent and only to the extent necessary to give effect to the expressed intent of subclause (2) of clause 4 of the Indenture and notwithstanding any Act or law to the contrary every Act or law of the State shall apply and have effect as if the buildings, structures, improvements, plant, equipment and other property referred to in that subclause were chattels. 9—Grant of licences under Petroleum Act (1) Notwithstanding anything in the Petroleum Act 1940 and in lieu of or substitution for any other petroleum production licence under that Act, the Minister is, by this section, authorised to— (a) grant to the Producers referred to in subclause (1) of clause 6 of the Indenture a licence under that Act of the kind and in the form of or to the effect set out in Appendix "B" to the Indenture or in such other form as may be agreed between the Minister and the Producers in order to implement or otherwise give effect, from time to time, to the provisions of the Unit Agreement; and (b) approve the grant of sub-licences in the form of or to the effect set out in Appendix "B" to the Indenture or in such other form as may be agreed between the Minister and the Producers in order to implement or otherwise give effect, from time to time, to the provisions of the Unit Agreement, and that Act shall, subject to this Act, apply and have effect accordingly. (2) However— (a) an application for a petroleum production licence made between 30 October 1997 and 27 February 1999 was required to meet the criteria established by sections 27 and 28 of the Petroleum Act 1940; and (b) no further licence or approval has been, or will be, granted under this section in respect of an application made after 27 February 1999 (but this paragraph does not affect the renewal of a licence or approval granted in respect of an application made before that date). 10—Contiguous areas etc (1) Section 36(1a) of the Petroleum Act 1940 applies and has effect to and in relation to the areas the subject of any licence under that Act the grant of which is authorised under this Act, as if those areas were contiguous areas. (2) Subsection (3) of section 36 of the Petroleum Act 1940 shall apply and have effect to or in relation to the areas the subject of any licence under that Act, the grant of which is authorised by this Act, as if those areas were an area comprised in a licence. 11—Additional powers of Minister In the application of the Petroleum Act 1940 to or in relation to any licence granted under that Act, the grant of which is authorised by this Act, paragraphs (a) and (b) of subclause (6) of clause 6 of the Indenture shall apply and have effect as if they were, mutatis mutandis, enacted in that Act. 12—Additional rights to licensees (1) In addition to and not in derogation from the relevant right conferred on the licensees of licences under the Petroleum Act 1940, the grant of which are authorised by this Act, those licences shall confer on the licensees a right to construct and maintain all facilities being pipelines, pumping stations, tanks and roads as are necessary for the operations to be conducted under the Unit Agreement with respect to any area within the Subject Area not then comprised in any such licence. (2) In this section— the relevant right means the right conferred under section 33 of the Petroleum Act 1940. 13—Rates, taxes etc Notwithstanding any Act or law to the contrary— (a) the imposition or levying of any rate, tax, impost or other charge in contravention of subclause (1) of clause 7 of the Indenture; or (b) the imposition of any rate, tax, levy, impost or other charge in contravention of subclause (2) of clause 7 of the Indenture, shall be void and of no effect. 14—Exemptions The instruments agreed pursuant to clause 9 of the Indenture to be exempt from stamp duties under the laws of the State are and shall be deemed always to have been by force of this section exempt from all duties otherwise chargeable pursuant to the Stamp Duties Act 1923. 15—Remote supervisory control systems The provisions of the Petroleum Act 1940 shall apply and have effect to and in relation to the operation by the Producers of wells, field facilities, gathering systems and trunklines by remote supervisory control systems to the exclusion of section 34 of the Boilers and Pressure Vessels Act 1968 and any other Act or law which would otherwise prevent such operation. 16—Approval of certain things The following things are specifically authorised for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth: (a) the authorised agreements; and (b) anything done (before or after the commencement of this section) by a party, or anyone acting on behalf of a party, under or to give effect to the authorised agreements or any of them; and (c) anything done (before or after the commencement of this section) to give effect to the conditions of Pipeline Licence No 2; and (d) all contracts, arrangements, understandings, practices, acts and things done or made by the Producers or any of them before the commencement of this section and related to the sale or delivery of liquids; (e) a contract, arrangement, understanding, practice, act or thing done or made by the Producers or any of them after the commencement of this section and related to the sale or delivery of liquids if— (i) the Producers have given written notice of it to the Minister; and (ii) the Minister has not, within 60 days after receiving that notice, given notice to the Producers excluding it from the ambit of this section on the ground that it is contrary to the public interest. 17—No liability to partition Notwithstanding any Act or law, every relevant Act or law of the State that is applicable to the partition of real or personal property shall, to the extent necessary to give effect to the expressed intent of clause 11 of the Indenture, apply and have effect accordingly. 18—Royalties Notwithstanding anything in the Petroleum Act 1940, royalties to which clause 12 of the Indenture applies shall be determined, calculated and payable in the manner set out in clause 12 of the Indenture and payment of royalties so determined, calculated and payable shall be a discharge from liability for payment of royalties under that Act. 19—Non-application of section 24A of Arbitration Act Section 24A of the Arbitration Act 1891 shall not apply to or in relation to any submission or agreement to submit to arbitration under or arising out of— (a) the Indenture; and (b) the Unit Agreement and any other agreement relating to the rights and obligations of the Producers as between themselves under the Unit Agreement; and (c) the Sales Contracts; and (d) the Exploration Indenture; and (e) the P.A.S.A. Future Requirements Agreement and any contracts entered into pursuant to the P.A.S.A. Future Requirements Agreement. 20—Application of this Act to lands subject to Real Property Act Notwithstanding the provisions of the Real Property Act 1886, as amended, this Act shall apply to land that is subject to the provisions of that Act. 21—Other Acts or law not affected Except as is expressly or by necessary implication provided by this Act, nothing in this Act affects the operation of any other Act or law. 22—Regulations (1) The Governor may make such regulations as are necessary or expedient for the purpose of giving effect to the provisions or objects of this Act or the Indenture. (2) Without limiting the generality of subsection (1) of this section the Governor may by regulation dispense with, suspend or vary, so far as is necessary, for the purpose of carrying out or giving effect to the Indenture any provision of any Act, by-law, rule or regulation or other provision having the force of law (under whatever authority made) and which in the opinion of the Governor having regard to the representations, if any, of the Producers prevents or impedes or would prevent or impede the carrying out or giving effect to the Indenture and any such regulation shall apply and have effect as if it were enacted in this Act. Schedule—The Indenture THIS INDENTURE made the 16th day of October, 1975 BETWEEN: THE STATE OF SOUTH AUSTRALIA (hereinafter referred to as "the State") of the first part THE MINISTER OF MINES AND ENERGY the Minister administering the Petroleum Act, 1940-1971 and the Mining Act, 1971-1973, a corporation sole pursuant to the provisions of the said Mining Act of the second part SANTOS LIMITED a company incorporated under the laws of the State of South Australia of the third part DELHI INTERNATIONAL OIL CORPORATION a company incorporated under the laws of the State of Delaware, United States of America (hereinafter with its successors and assigns sometimes referred to as "Delhi") of the fourth part ALLIANCE PETROLEUM AUSTRALIA N.L. a company incorporated under the laws of the State of Victoria of the fifth part BASIN OIL N.L. a company incorporated under the laws of the State of New South Wales of the sixth part BRIDGE OIL N.L. a company incorporated under the laws of the State of New South Wales of the seventh part PURSUIT OIL N.L. a company incorporated under the laws of the State of Victoria of the eighth part REEF OIL N.L. a company incorporated under the laws of the State of New South Wales of the ninth part and VAMGAS NO LIABILITY a company incorporated under the laws of the State of New South Wales of the tenth part (the said companies being hereinafter sometimes collectively called "the Producers" which expression shall include their respective successors and assigns). WHEREAS: In recognition of the importance to the State of the operations of the Producers in the provision of State's energy requirements, in the provision of petrochemical feedstock vital to the establishment of a petrochemical industry in the State of South Australia and in the exploration for and development of the State's petroleum resources and in order that such operations may be rationalised so as to optimise the recovery of the State's petroleum reserves, the parties have agreed to enter into this Indenture. NOW THIS DEED WITNESSETH THAT THE PARTIES COVENANT AND AGREE as follows: 1. DEFINED TERMS In this Indenture except where terms are expressly defined hereunder the Acts Interpretation Act, 1915-1972 of the State shall apply to the construction and interpretation of this Indenture as if this Indenture were an Act and in this Indenture unless the context otherwise requires— (1) "Act": any reference in this Indenture to an Act means that Act whether an Act of State or Federal Parliaments as amended from time to time and includes any Act passed in substitution for that Act and regulations or by-laws made and in force under any such Act. (1A) "GST" means the tax payable under the GST law. (1B) "GST component" means a component attributable to a liability to GST. (1C) "GST law" means: (a) A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and (b) the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods and services. (2) "Minister" means the Minister for the time being administering the Petroleum Act, 1940-1971 of the State. (3) "Person" includes any company corporation or other bodies corporate and the Commonwealth of Australia and any agency authority or instrumentality of the State or of the Commonwealth of Australia of whatsoever nature or kind and howsoever named or called. (4) "Petroleum Exploration Licence" means any licence lease or other authority (by whatsoever name called) from time to time issued by the State or Minister and conferring upon the holder thereof the right to explore for petroleum and includes any right title or other interest (other than a Petroleum Production Licence) created out of derived from or arising pursuant to any such licence lease or other authority. (5) "Petroleum Production Licence" means any licence lease or other authority (by whatsoever name called) from time to time issued by the State or Minister and conferring upon the holder thereof the right inter alia to produce petroleum and includes any right title or other interest created out of derived from or arising pursuant to any such licence lease or other authority. (6) "Petroleum Rights" means the sub-licences referred to in Clause 6(1)(b) hereof. (7) "Sales Contracts" means: (a) the Gas Sales Contract in the form of that submitted to the Minister prior to the date hereof and to be entered into between the Producers and the Pipelines Authority of South Australia ("P.A.S.A.") and any agreement approved by the Minister or his predecessor entered into by all of the Producers together with Total Exploration Australia Pty. Ltd. prior to the date hereof for the sale of natural gas and as any of the foregoing may be amended varied or supplemented from time to time; (b) any agreement hereafter entered into between the Producers and P.A.S.A. providing for the supply of natural gas as fuel gas for any petrochemical industry hereafter established in the State and any other agreement or agreements in force from time to time amending varying or supplementing the same; (c) any agreement or agreements or other disposal arrangements entered into by the Producers or any of them from time to time for the sale of liquid hydrocarbons and/or petrochemical feedstock derived from the Unitized Substances or from petroleum recovered from any area comprised in a Petroleum Production Licence granted to the Producers within the Subject Area and areas referred to in clause 6(10) of this Indenture; (d) any agreement or agreements entered into by the Producers or any of them from time to time with an arms length purchaser for the sale of Unitized Substances; and (e) any agreement or agreements entered into between Santos Limited, Delhi, Vamgas No Liability and P.A.S.A. copies of which shall be provided in confidence to the Minister. (8) "Subject Area" means the "Subject Area" as defined in the Unit Agreement. (9) "This Indenture" means this Indenture as the same may be amended added to or varied from time to time in accordance with the provisions of clause 15 hereof. (10) "Unit Agreement" has the same meaning as in the Act. (11) "Unit Facilities" means "Unit Facilities" as defined in the Unit Agreement. (12) "Utilized Substances" means "Unitized Substances" as defined in the Unit Agreement. (13) "the Exploration Indenture" means an Indenture in the form of that submitted to the Minister prior to the date hereof and to be entered into between the Producers together with Total Exploration Australia Pty. Ltd. of the one part and the Minister of the other part relating to expenditure on exploration for petroleum. (14) "the P.A.S.A. Future Requirements Agreement" means an agreement in the form of that submitted to the Minister prior to the date hereof and to be entered into between the Producers (together with Total Exploration Australia Pty. Ltd. and the Commonwealth of Australia) of the first to tenth parts inclusive P.A.S.A. of the eleventh part and the Minister of the twelfth part granting certain pre-emptive rights in respect to the future natural gas requirements of P.A.S.A. (15) "Joint Operating Agreement" means any agreement heretofore or hereafter entered into by or including the Producers or some of them and approved by the Minister governing exploration for and production of petroleum and includes any agreement providing for the installation and as applicable sharing of use of facilities for the handling of petroleum. (16) "Authorised Agreement" has the same meaning as in the Act. 2. RATIFICATION (1) The Government of the State shall as soon as practicable introduce and sponsor a Bill into the Parliament of the State to approve and ratify this Indenture and to provide for carrying it into effect and the said Government will endeavour to secure its passage and have it come into operation as an Act prior to the 31st day of December, 1975 or such later date as the parties hereto may mutually agree. (2) If such a Bill is not so passed so as to come into operation as an Act before the 31st day of December, 1975 or such later date as the parties may as hereinbefore provided agree the Clauses of this Indenture (other than Clause 2(1) and this Clause 2(2)) shall not come into operation and none of the parties hereto will have any claim against any other of them with respect to any matter or thing arising out of done performed or omitted to be done or performed under this Indenture provided always that nothing hereinbefore contained shall (unless otherwise expressly agreed in writing by the Producers) operate or be deemed to operate so as to restrict derogate from or otherwise affect any of the rights or benefits to which the Producers or any of them are at such date entitled whether in respect to Petroleum Exploration Licences Nos. 5 and 6 or Petroleum Production Licences Nos. 1–5 or otherwise. (3) Upon the said Bill commencing to operate as an Act all the provisions of this Indenture shall operate and take effect. (4) If the State should at any time pass any legislation or if any regulation is made which modifies the rights or increases the obligations of the Producers or any of them under the ratifying Act or under this Indenture and if the State upon notification by the Producers fails within a period of six months to rectify such matter then the Producers shall (but without in any way derogating from the rights or remedies of the Producers in respect of a breach of this Indenture) have the right to terminate this Indenture by notice to the State at any time following the expiry of such six month period. 3. INITIAL OBLIGATIONS (1) The performance by the Producers of their obligations under: (a) Clause 3(4)(a) of this Indenture is (unless otherwise notified in writing by the Producers to the State) made subject to: (i) each Producer being satisfied that suitable arrangements have been made for the financing of its and of each of the other Producers obligations under this Indenture and under the Unit Agreement relevant to the Sales Contracts referred to in Clause 1(7)(a) hereof; and (ii) execution of a Deed of Covenant and Release to be made between The Australian Gas Light Company of the first part Norman Egan Connellan of the second part the Producers and Total Exploration Australia Pty. Ltd. of the third to eleventh parts inclusive the State of the twelfth part and P.A.S.A. of the thirteenth part and execution of a deed supplemental thereto whereby certain of the rights and obligations to be acquired pursuant to the agreements and documents referred to in Clause 9(6) hereof are to be subject to the said Deed of Covenant and Release. (2) Performance by the State of its obligations under this Indenture is (with the exception of Clauses 10(1) and 19 hereof) made subject to execution by the Producers of the Unit Agreement the Gas Sales Contract referred to in Clause 1(7)(a) hereof, the Exploration Indenture and the P.A.S.A. Future Requirements Agreement. (3) The Minister undertakes upon presentation of the executed Unit Agreement to grant or procure the grant of all such approvals as may be required in respect thereto pursuant to the Petroleum Act, 1940-1971 of the State. (4) — (a) Upon written notification by the Producers of the due fulfilment of the Conditions Precedent in Clause 3(1)(a) hereof the Producers shall execute (if not already the case): (i) the Gas Sales Contract referred to in Clause 1(7)(a) hereof (ii) the Unit Agreement (iii) the Exploration Indenture and (iv) the P.A.S.A. Future Requirements Agreement 4. LAND AT MOOMBA (1) At the request of the Producers the State shall grant (or procure the grant) to the Producers or as the Producers may direct the fee simple estate of the land delineated in red on the plans annexed hereto as Appendix "A" and delineated in Appendix "C" to the extent not delineated in Appendix "A" and shall grant (or procure the grant of) any easements and rights which the Producers may reasonably require for the purpose of the full enjoyment of the said land. Any such grant of the fee simple estate as aforesaid shall be made free and clear of all easements of whatsoever nature or kind other than as may have been previously advised in writing by the State and expressly agreed by the Producers and shall be made free and clear of all liens, charges and encumbrances. (2) Any and all buildings structures improvements plant equipment or other property of whatsoever nature or kind (and any part of any such buildings structures improvements plant equipment or other such property of whatsoever nature or kind) now or hereafter situate upon or under or forming part of or attached to or annexed to the said land shall notwithstanding any provision of any Act or of any rule of law to a contrary effect be and shall be deemed conclusively to be chattels and shall be owned by and may be transferred mortgaged charged or assigned by the Producers or such of them as are entitled thereto all in accordance with and subject to the provisions of the Unit Agreement or other agreement pursuant to which any of the foregoing may be owned from time to time. (3) The State shall ensure that the said land shall be and remain zoned for use or otherwise protected so as to preserve the use of the said land in respect of petroleum production and treatment and matters ancillary thereto. (4) The said land shall not be declared or included in any water district under the Waterworks Act, 1932-1966 or any re-enactment or amendment thereof. (5) In the event of the Producers and the State hereafter mutually determining that it is desirable to establish a township in the vicinity of Moomba in the State of South Australia the State will give consideration to the provision of additional land for housing and housing accommodation for persons (including their dependants) engaged in the operations of the Producers and any one else (including their dependants) connected directly or indirectly with the Producers operations. If additional land and housing accommodation is to be provided by the State at no cost to the Producers the State shall fix such prices rents or charges as are fair and reasonable in the circumstances for the land and housing accommodation provided by it. The State will provide education health and other facilities normally provided by the State being commensurate with the population and locality of such township. 5. INFRASTRUCTURE AT MOOMBA AND ROADS (1) In this clause "heavy vehicle" means a vehicle which requires a permit in respect of its size or its load or its size and its load from the Road Traffic Board pursuant to sections 140, 141, 142 and 147 of the Road Traffic Act, 1961-1974. (2) Subject to this Clause 5 the State shall at no cost to the Producers maintain and where necessary remake or upgrade that part of the road known as the Strzelecki Track which lies between Lyndhurst and Moomba (hereinafter referred to as "the said road") to enable vehicles other than heavy vehicles to use the said road. (3) Within 24 months of the date of the ratification of this Indenture the State shall remake or upgrade the said road to a standard which would enable the said road to be reinstated for use by vehicles other than heavy vehicles within a reasonable period after the passage of the peak of a flood of equal magnitude to the peak of the flood which occurred during the first half of 1974. (4) In the event of a flood of less than or equal magnitude to the peak of the flood which occurred during the first half of 1974 the State shall ensure that the road is reinstated for use to the standard referred to in Clause 5(3) hereof as soon as is reasonably practicable and in any event the State will endeavour to ensure that the road will be reinstated within eight weeks after the passage of the peak of such flood or such longer period as the State and the Producers may agree. (5) The Producers shall advise the State and the Commissioner of Highways if and when it is proposed to use a heavy vehicle for travel on the said road and upon recei