Forrest Place and City Station Development Act 1985 (WA)

Western Australia Forrest Place and City Station Development Act 1985 Western Australia Forrest Place and City Station Development Act 1985 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Ratification and effect of enabling agreement 1 5. Effect of development plan agreement 1 6. Implementation of agreements and authorisation of statutory bodies 1 7. Demolition of Padbury buildings 1 8. Land may be reserved in strata 1 9. Power to grant easements over reserves 1 10. Public nature of development 1 11. Street closure 1 12. Provisions as to land taken or acquired to implement agreements 1 12A. Rights and obligations in relation to land affected by development plan agreement 1 12B. Endorsements as to rights and obligations 1 13. Reserved land vested in City 1 14. Disposal of land by City 1 15. Expenditure and borrowing by City 1 16. City Station complex 1 17. City not required to call tenders 1 18. Power of City to control access to development site 1 19. Power of Authority relating to leases and easements 1 19A. Limits of Government railways extended for certain purposes 1 20. Agreements to be published and laid before Parliament 1 Schedule — Enabling agreement Notes Compilation table 1 Other notes 1 Defined terms Western Australia Forrest Place and City Station Development Act 1985 An Act to facilitate the redevelopment of land in and in the vicinity of Forrest Place and the City railway station in Perth, and the development of certain facilities over portions of that land, and for related purposes. 1. Short title This Act may be cited as the Forrest Place and City Station Development Act 1985. 2. Commencement This Act shall come into operation on the day on which it is assented to by the Governor. 3. Terms used In this Act, unless the contrary intention appears — agreements means the enabling agreement and the development plan agreement; Authority means the Public Transport Authority of Western Australia established by the Public Transport Authority Act 2003; City means the City of Perth; development plan agreement means the agreement the execution of which is contemplated by clause 4(6) of the enabling agreement, and includes that agreement as amended, varied or added to from time to time by the parties thereto; enabling agreement means the agreement the text of which, other than the Schedules thereto, is set out in the Schedule, and includes that agreement as amended, varied or added to from time to time by the parties thereto; law means a written or other law other than this Act; reserved land means land reserved under Part 4 of the Land Administration Act 1997 in implementation of the agreements. [Section 3 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 29(1); No. 31 of 2003 s. 205(2).] 4. Ratification and effect of enabling agreement (1) The enabling agreement is ratified and the execution of the enabling agreement by or on behalf of the parties thereto shall be deemed to have always been authorised. (2) Each provision of the enabling agreement shall operate and have effect, and shall be deemed to have operated and had effect on and from 1 November 1985, according to its terms notwithstanding any law. (3) Any purported modification of any law contained, or provided for, in a provision of the enabling agreement shall operate and take effect so as to modify that law for the purposes of the enabling agreement, and shall be deemed to have so operated and taken effect on and from 1 November 1985, according to its terms notwithstanding any law. (4) Copies of the Schedules to the enabling agreement shall be made available for inspection by any person free of charge at the office of the City. 5. Effect of development plan agreement (1) When the development plan agreement has been executed each provision of it shall operate and have effect according to its terms notwithstanding any law. (2) Any purported modification of any law contained, or provided for, in a provision of the development plan agreement shall operate and take effect so as to modify that law for the purposes of the development plan agreement. [Section 5 amended: No. 66 of 1986 s. 4.] 6. Implementation of agreements and authorisation of statutory bodies (1) The parties to the agreements are authorised to implement the agreements. (2) Each of the following bodies, namely, the City and the Authority has power to execute all works, perform all acts and do all things necessary or expedient for the implementation of — (a) the agreements; and (b) any agreement entered into, contract made, or undertaking given by that body in implementation of the agreements. (3) In relation to the enabling agreement subsections (1) and (2) shall be deemed to have had effect on and from 1 November 1985 except that, before the commencement of the Public Transport Authority Act 2003 section 205, that effect is to be as if the reference in subsection (2) to the Authority were a reference to the Commission and the Minister for Western Australian Government Railways, within the meaning that those terms had before that commencement. [Section 6 amended: No. 31 of 2003 s. 205(3) and (4).] 7. Demolition of Padbury buildings (1) The City has power to arrange for and supervise the demolition of the buildings and improvements situated on that land being portion of each of Perth Town Lots V10 and V11 and being part of the land on Plan 4845 and being the whole of the land comprised in Certificate of Title Volume 1526 Folio 227, and to act on behalf of the State in arranging and supervising that demolition. (2) Subsection (1) shall be deemed to have had effect on and from 26 September 1985. 8. Land may be reserved in strata The power of the Minister administering the Land Administration Act 1997 under Part 4 of that Act to reserve Crown land shall, in relation to the implementation of the agreements, be construed to include power to reserve land in strata or layers above or below ground level. [Section 8 amended: No. 31 of 1997 s. 29(2).] 9. Power to grant easements over reserves (1) For the purposes of the application of Part 8 of the Land Administration Act 1997 to and in relation to reserved land — [(a) and (b) deleted] (c) section 150(5) of that Act shall be deemed to be amended by inserting after "any purpose" the following — " or may prejudice the implementation of the agreements referred to in the Forrest Place and City Station Development Act 1985 ". (2) The power conferred by Part 8 of the Land Administration Act 1997 shall be construed to include power to grant easements in relation to reserved land that is above or below ground level but not to include power to grant easements under the air space referred to in section 16(1). [Section 9 amended: No. 31 of 1997 s. 29(3) and (4).] 10. Public nature of development For the purposes of any written law the implementation of the agreements shall be deemed to be — (a) a public work; and (b) for a public purpose; and (c) in the public interest. 11. Street closure (1) Notwithstanding Part 5 of the Land Administration Act 1997 the City may prohibit or restrict thoroughfare in a street or public place in its district — (a) by causing fences and barriers to be placed on or across the street or public place; or (b) in any other manner, if, and for such period as, the chief executive officer of the City considers that prohibition or restriction to be necessary or expedient for the implementation of the agreements. (2) Notwithstanding the Land Administration Act 1997 section 58(1) to (3) where it is necessary for the implementation of the agreements for a street that is dedicated to public use to be closed, otherwise than temporarily — (a) the City shall, when it considers the time appropriate, notify the Minister administering the Land Administration Act 1997 that the closure of the street should take effect; and (b) when the notification referred to in paragraph (a) has been given the Minister referred to in that paragraph shall lodge the relevant order with the Registrar of Titles for registration under the Transfer of Land Act 1893; and (c) the street shall be closed on and from the day that order is so registered. (3) The Land Administration Act 1997 section 58(4) applies to the closure of a street under subsection (2) of this section as if it were the closure of a road under that Act. (4) In this section — public place means any place the public is allowed to use, including a street, a way, an alley or a court, whether or not the place is private property; street means a thoroughfare as defined in section 1.4 of the Local Government Act 1995. [Section 11 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 29(5)‑(7); No. 4 of 2023 s. 123.] 12. Provisions as to land taken or acquired to implement agreements (1) Sections 170, 171, 172, 173, 174, and 175 of the Land Administration Act 1997 do not apply to the taking of land in implementation of the agreements. (2) The City shall be the respondent under and for the purposes of Part 10 of the Land Administration Act 1997 in relation to any claim for compensation for the taking of land by the State in implementation of the agreements. (3) Where the notice or transfer under which land is taken or otherwise acquired by the State provides that the land is being taken or acquired in order for it to become reserved land then, upon the notice or transfer taking effect, the land shall, by virtue of this subsection, be revested in Her Majesty as of Her former estate and constituted Crown land within the meaning of that expression in the Land Administration Act 1997. [(4) deleted] (5) Section 135 of the Planning and Development Act 2005 does not apply to or in relation to any subdivision or amalgamation made in implementation of the agreements. (6) A reference in this section to the taking of land is a reference to the taking of the land under Part 9 of the Land Administration Act 1997. [Section 12 amended: No. 66 of 1986 s. 5; No. 31 of 1997 s. 29(8)‑(11); No. 38 of 2005 s. 15.] 12A. Rights and obligations in relation to land affected by development plan agreement (1) In this section — party means a party to the development plan agreement. (2) Where a right or obligation in relation to the land described in an item in the Table is conferred or imposed by the development plan agreement on the party or parties named in that item, the right or obligation shall enure for the benefit of or bind any person who becomes the registered proprietor of the land or any part of the land. Table Item Land description Name of party or parties 1. All that land which, as at 9 August 1986, is Lot 53 the subject of Diagram 69649 and is the whole of the land comprised in Certificate of Title Volume 1737 Folio 328 and which is not reserved land. N.M.L. Nominees (Canberra) Limited 2. All that land which, as at 9 August 1986, is Lot 100 the subject of Diagram 63404, and is the whole of the land comprised in Certificate of Title Volume 1642 Folio 686 and which is not reserved land. The State of Western Australia and City of Perth 3. All that land which, as at 9 August 1986, is portion of each of Perth Town Lots V13, V14, V15 and V16 and is part of the land on Plan 4845 and is the whole of the land comprised in Certificate of Title Volume 1642 Folio 666. The Commonwealth of Australia and Australian Postal Commission. 4. All that land which, as at 9 August 1986, is portions of Perth Town Lots V13, V14, V15 and V16 and is part of the land on Plan 4845 and is the whole of the land comprised in Certificate of Title Volume 1018 Folio 802. Commonwealth Banking Corporation. 5. All that land which, as at 9 August 1986, is Lot 101 the subject of Diagram 62479 and is the whole of the land comprised in Certificate of Title Volume 1669 Folio 980. West Australian Trustees Limited 6. All that land which, as at 9 August 1986, is Lot 100 the subject of Diagram 60166 and is the whole of the land comprised in Certificate of Title Volume 1665 Folio 818. Westpac Investment Management Pty. Ltd. 7. All that land which, as at 9 August 1986, is Lot 100 the subject of Diagram 60166 and is the whole of the land comprised in certificate of Title Volume 1665 Folio 819. City Arcade Pty. Ltd. [Section 12A inserted: No. 66 of 1986 s. 6.] 12B. Endorsements as to rights and obligations (1) The Registrar of Titles shall endorse the title and land register in respect of the land described in an item in the Table to section 12A in such manner as will ensure that a person searching the title to that land receives notice that section 12A(2) applies to that land. (2) An endorsement shall be made under subsection (1) — (a) as soon as practicable after the commencement of section 7 of the Forrest Place and City Station Development Amendment Act 1986; and (b) thereafter, whenever a new Certificate of Title is issued in respect of the land or any part of the land. (3) If the Minister considers that an endorsement made under subsection (1) is no longer serving any useful purpose the Minister may request the Registrar of Titles to remove the endorsement and, on receipt of that request, the Registrar of Titles may remove the endorsement. [Section 12B inserted: No. 66 of 1986 s. 7.] 13. Reserved land vested in City Where the care, control and management of reserved land are placed with the City — (a) the order placing the care, control and management of the land with the City shall not be revoked under Part 4 of the Land Administration Act 1997 except with the consent of the City; and (b) in any case where the City does not have power under any other law to implement a purpose for which the land is reserved, the City is, by virtue of this section, empowered to perform all acts and do all things necessary or expedient for the implementation of that purpose. [Section 13 amended: No. 31 of 1997 s. 29(12).] 14. Disposal of land by City Notwithstanding sections 3.58 and 3.59 of the Local Government Act 1995 the City may, in implementation of the agreements, sell or otherwise dispose of an estate in fee simple, or any lesser estate, in land which is vested in or held by it. [Section 14 amended: No. 14 of 1996 s. 4.] 15. Expenditure and borrowing by City (1) The City is authorised to expend money out of any fund kept by the City in performing the functions conferred upon it by this Act or any other written law or by the agreements with respect to the implementation of the agreements and with respect to the care, control and management of any reserved land placed with the City. (2) Any — (a) act or thing done by the City; or (b) liability incurred by the City; or (c) expenditure made by the City from any fund kept by the City, before the commencement of this Act to facilitate the redevelopment of land in and in the vicinity of Forrest Place and the City railway station, or the development of facilities over portions of that land, or for a related purpose shall be deemed to have always been lawfully and validly done, incurred or made. [Section 15 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 29(13).] 16. City Station complex (1) The Governor may, by Order published in the Gazette, excise an air space as generally depicted in item 2 of the First Schedule to the enabling agreement from the land below it and upon the publication of that order — (a) that air space shall, by virtue of this subsection, be revested in Her Majesty as of Her former estate and constituted Crown land within the meaning of that expression in the Land Administration Act 1997; and (b) where the land below any portion of that air space is under the operation of the Transfer of Land Act 1893, that portion of that air space shall, by virtue of this section, be removed from the operation of that Act. [(2), (3) deleted] (4) Section 135 of the Planning and Development Act 2005 does not apply to or in relation to the air space referred to in subsection (1) of this section or any premises in that air space. [Section 16 amended: No. 31 of 1997 s. 141; No. 16 of 1999 s. 7(2); No. 38 of 2005 s. 15.] 17. City not required to call tenders Regulations made under section 3.57 of the Local Government Act 1995 do not apply to the execution of work or the furnishing of goods in implementation of the agreements. [Section 17 amended: No. 14 of 1996 s. 4.] 18. Power of City to control access to development site (1) For the purposes of section 70A of The Criminal Code — (a) the City shall be deemed to be an occupier of — (i) premises upon which works are being executed in implementation of the agreements; and (ii) premises comprising reserved land the care, control and management of which are placed with the City; and (b) a warning or indication given by an employee of the City in relation to premises referred to in paragraph (a) shall be deemed to be a warning or indication by the City. [(2) deleted] [Section 18 amended: No. 14 of 1996 s. 4; No. 31 of 1997 s. 29(14); No. 70 of 2004 s. 82.] 19. Power of Authority relating to leases and easements (1) The Minister to whom the administration of the Public Transport Authority Act 2003 is for the time being committed by the Governor may approve of the Authority granting under that Act a lease of land in implementation of the agreements that, despite section 15(6) of that Act, is for a period exceeding 50 years. (2) The powers conferred on the Authority by the Public Transport Authority Act 2003 include, in respect of land below the air space referred to in section 16(1), power to grant an easement of support and an easement of support granted by the Authority over that land is not revocable by the Authority. [Section 19 inserted: No. 31 of 2003 s. 205(5).] 19A. Limits of Government railways extended for certain purposes (1) In this section concourse area means the adjoining pedestrian concourses constructed above ground — (a) within Perth Lot 969 and running between Roe, Barrack, and Wellington Streets over the railway line; and (b) within Perth Lot 978 and extending over Wellington Street from Perth Lot 969 for a distance of 45 m. (2) For the purposes of section 74 of the Government Railways Act 1904, and any other provision of that Act or by‑laws made under it that relates to the exercise by a person of powers for maintaining security and order on the Government railways, the concourse area shall be deemed to be within the limits of the Government railways. [Section 19A inserted: No. 6 of 1995 s. 3.] 20. Agreements to be published and laid before Parliament (1) In this section future agreement means — (a) the development plan agreement; or (b) any agreement amending, varying or adding to the enabling agreement or the development plan agreement. (2) The Minister shall cause any future agreement to be — (a) published in the Gazette; and (b) laid on the Table of each House of Parliament, as soon as practicable after the execution of that agreement. (3) It is sufficient compliance with subsection (2)(a) if a future agreement is published in the Gazette without any maps, plans or diagrams that form part of that agreement. Schedule — Enabling agreement [s. 3] [Heading amended: No. 19 of 2010 s. 4.] THIS ENABLING AGREEMENT is made the 1st day of November 1985 BETWEEN: THE HONOURABLE BRIAN THOMAS BURKE M.L.A. Premier of the State of Western Australia acting for and on behalf of the State of Western Australia and its instrumentalities from time to time ("the State") of the first part and CITY OF PERTH of Council House 27‑29 St. George's Terrace Perth a Municipality and body corporate constituted under the Local Government Act 1960 ("the City") of the second part and MINISTER FOR WESTERN AUSTRALIAN GOVERNMENT RAILWAYS a body corporate constituted under the Government Railways Act 1904 ("Minister for Railways") of the third part and THE WESTERN AUSTRALIAN GOVERNMENT RAILWAYS COMMISSION of Westrail Centre West Parade East Perth a body corporate constituted under the Government Railways Act 1904 ("Westrail") of the fourth part RECITALS: A. The Involved Parties agreed in the Deed and the Agreement in Principle to proceed with the design and costing of the Project in accordance with the Agreement in Principle, so that prior to 28 February 1986 the Involved Parties were to be in a position to meet together and determine whether the Project would proceed. B. The Parties have agreed to proceed with the Project and have agreed to enter into this Agreement so that the Design Drawings may be completed and so that part of the Project may be commenced prior to the Due Date. C. The Parties have agreed that the City will continue negotiations with each of the Interested Parties so that the Project may proceed after the Due Date either with or without the participation of some or all of the Interested Parties and the Parties have agreed that the Project will proceed on the Due Date in any event. IT IS AGREED — DEFINITIONS AND INTERPRETATION 1. Definitions In this Agreement unless the contrary intention appears — "advise", "agree", "apply", "approve", "consent", "demand", "direct", "give notice", "notify", "request", or "require", means advise, reach agreement, apply, approve, consent, demand, direct, give 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; "Agreement in Principle" means the Memorandum of Agreement annexed to the Deed; "AHD" means the Australian Height Datum which is the datum surface derived in accordance with the formula for that datum within the Perth Metropolitan Zone as specified by the Surveyor General of Western Australia and set out in the Australian Height Datum (AHD) National Mapping Council of Australia Special Publication 8 (1979) or in any publication amending or in substitution thereof; "Architect" means the architect engaged by the City on its own behalf and as agent for the State for the Project, from time to time; "Armstrong Jones" means Armstrong Jones Management Ltd. of 15 William Street, Perth; "Australia Post" means the Australian Postal Commission which is a body corporate constituted under the Postal Services Act 1975 of the Commonwealth of Australia; "Basement Entry and Exit Ramps" whether referred to separately or together means those parts of the Basement Reserve commencing at ground level north of the northern boundary of the Myer W.A. Land descending into the Basement Reserve, and ascending from the Basement Reserve to ground level and terminating north of the northern boundary of the Northwest Corner Land, which ramps provide access to and from the Basement Reserve; "Basement Plan" means the plan in Item 1 of the First Schedule; "Basement Reserve" means that part of the Reserved Land comprised in the Basement Plan; "Carillon Land" means all that land being Portion of each of Perth Town Lots F14 and F15 and being Lot 101 the subject of Diagram 62479 and being the whole of the land comprised in Certificate of Title Volume 1669 Folio 980; "City Arcade" means City Arcade Pty. Ltd. of 207 Murray Street Perth; "City Arcade Land" means all that land being portion of each of Perth Town Lots F15 and F16 and being Lot 100 the subject of Diagram 60166 and being the whole of the land comprised in Certificates of Title Volume 1665 Folio 818 and Volume 1583 Folio 980; "City Station Complex" means the building to be constructed over the Westrail Land within the City Station Reserve as indicated on the Schematics; "City Station Complex Plan" means the plans in Item 2 of the First Schedule; "City Station Complex Reserve" means that part of the Reserved Land comprised in the City Station Complex Plan; "Clause" means a clause of this Agreement; "Commonwealth Bank" means Commonwealth Banking Corporation a body corporate constituted under the Commonwealth Banks Act 1959 of the Commonwealth of Australia; "Crown" means the Crown in the right of the State of Western Australia; "Deed" means the Deed made on 5 December 1984 between the Involved Parties as varied by subsequent deeds made between the Involved Parties; "Design Drawings" means the drawings plans and data for the Project to be prepared and issued by the Architect prior to 30 November 1985 as varied in accordance with this Agreement which drawings will enable the Parties to proceed with the implementation of the Project; "Dollars" means the local currency of the Commonwealth of Australia in force at the date of execution of this Agreement; "DPA" or "Development Plan Agreement" means the agreement the execution of which is contemplated by Clause 4(6), as amended, varied or added to from time to time by the parties thereto; "Due Date" means 1 February 1986; "Forrest Place Land" means all that land from Wellington to Murray Street as shown in brown on LTO Plan 4845; "Ground Level Plan" means the plan in Item 3 of the First Schedule; "Ground Level Reserve" means that part of the Reserved Land comprised in the Ground Level Plan and includes all escalators and lifts situated on or to be constructed on the land the subject of the Ground Level Reserve in accordance with the Design Drawings; "Indirect Costs" means the fees costs expenses premiums and charges for the Project incurred: (a) by the City and the State in respect of — (i) negotiating with the Interested Parties; (ii) fees payable to the Co‑ordinators of the Project appointed by the City and the State; (iii) public relations promotions and advertising; and (iv) stamp duty and registration at the Office of Titles 1; and (b) by the City in respect of — (i) project professional indemnity Insurance required by Clause 14(2)(c); (ii) legal costs; (iii) surveyor's fees other than those directly incurred by the Architect; and (iv) the costs referred to in paragraph (i) and Item 7 of the Sixth Schedule and such other like fees costs expenses premiums and charges for the Project incurred either before or after the execution of this Agreement but does not include the Project Costs; "Interested Parties" means Commonwealth Bank, Australia Post, Myers W.A., Myer Joint Venture, Armstrong Jones, W.A. Trustees, City Arcade and Westpac; "Involved Parties" means the State, the City, Australia Post, Commonwealth Bank, Westrail, Myer Properties Ltd, City Arcade, Westpac and Armstrong Jones; "Minister" means the Minister in the Government of the State for the time being responsible (under whatsoever title) for the administration of the Act to ratify this Agreement and pending the coming into operation of that Act means the Minister for Planning and includes the successors in office of the Minister; "Myers W.A." means Myer Properties W.A. Ltd, formerly Boans Ltd.; "Myer Joint Venture" means the participants from time to time in a joint venture established for the redevelopment of the Myer W.A. Land; "Myer W.A. Land" means all those pieces of land being — (a) portion of Perth Town Lot V5 and being the whole of the land comprised in Certificate of Title Volume 1153 Folio 540; (b) portion of Perth Town Lot V5 the subject of Diagram 168 and being the whole of the land comprised in Certificate of Title Volume 1164 Folio 909; (c) portion of each of Perth Town Lots V7, V8, V9 & V10 the subject of Diagram 2301 and being the whole of the land comprised in Certificate of Title Volume 1186 Folio 810; (d) portion of each of Perth Town Lots V9 & V10 and being the whole of the land comprised in Certificate of Title Volume 1326 Folio 389; (e) portion of Perth Town Lot V6 and being the whole of the land comprised in Certificate of Title Volume 910 Folio 135 together with the right of carriageway over the portion coloured brown on the map thereon; and (f) portion of Perth Town Lots V7 and V8 and being the whole of the land comprised in deposited diagram 126 and being the whole of the land comprised in Certificate of Title Volume 477 Folio 24; "Northwest Corner Land" means all that land being portion of each of Perth Town Lots VI3, V14, V15 and V16 and being Lot 100 the subject of Diagram 63404 and being the whole of the land comprised in Certificate of Title Volume 1642 Folio 686 limited however to a depth of 12.19 metres but subject to certain mineral and other reservations as set out in Transfer C536780 which are in addition to those reservations to the Crown already contained in the original grant; "Padbury Building Land" means all that land being portion of each of Perth Town Lots V10 and V11 and being part of the land on Plan 4845 and being the whole of the land comprised in Certificate of Title Volume 1526 Folio 227; "Parties" means the parties to this Agreement; "Project" means the development and redevelopment of the Reserved Land certain roads and land contiguous to the Reserved Land in accordance with the Schematics, the Design Drawings and this Agreement and includes all matters and things necessary for or in any way connected with that development and redevelopment; "Project Committee" means a Committee comprising the Minister, the Lord Mayor or Deputy Lord Mayor of the City and the Chairman or Acting Chairman of the Metropolitan Region Planning Authority constituted under and for the purposes of this Agreement; "Project Costs" means the fees costs expenses premiums and charges for the Project and includes the fees costs expenses premiums and charges incurred by the City and the State or either of them in respect of — (a) the production of the Schematics and the Design Drawings; (b) the resumption of any land hereunder; (c) the effecting of the insurance required by Clauses 14(1) and (2)(a) and (b); (d) the amount of SIXTY THOUSAND DOLLARS ($60 000.00) referred to in Clause 12(3); (e) the alterations and changes to Westrail's signalling system referred to in Clause 12(4)(a); (f) the construction of toilet and wash facilities referred to in Clause 12(4)(b); and (g) the implementation and completion of the Project whether incurred before or after the execution of this Agreement and includes any escalation provided for in this Agreement and agreed or approved variations to those fees costs expenses premiums and charges but does not include the Indirect Costs; "Reserved Land" means all that land shown as reserved on the plans in the First Schedule and as may be varied by the Design Drawings; "Schedule" means a Schedule to this Agreement; "Schematics" means the plans, drawings and data contained in the Third Schedule; "Sub-clause" means a Sub-clause of the Clause in which the reference appears; "this Agreement", means this Agreement and includes any Schedule to this Agreement; "Timetable" means the timetable in the Fifth Schedule and includes any variations to the Timetable authorised pursuant to this Agreement; "Upper Level Plan" means the Plan in Item 4 of the First Schedule; "Upper Level Reserve" means that part of the Reserved Land comprised in the Upper Level Plan; "W.A. Trustees" means West Australian Trustees Ltd. of 135 St. George's Terrace, Perth; "Westpac" means Westpac Investment Management Pty. Ltd. a company incorporated in New South Wales having its principal office in Western Australia at 109 St. George's Terrace, Perth; "West Pedestrian Overpass" means that part of the Reserved Land comprised in the Upper Level Plan which crosses over Wellington Street from the Northwest Corner Land to the Horseshoe Bridge; "Westrail Land" means the land hatched on the plan in Item 1 of the Sixth Schedule which is vested in the Minister for Railways on behalf of the Crown pursuant to the Government Railways Act 1904; "Westrail Timetable" means the Timetable in Item 2 of the Sixth Schedule. Interpretation 2 2. (1) In this Agreement unless the contrary intention appears — (a) references to the Parties shall include successors and permitted assigns; (b) the table of contents and the headings, including headings to Schedules are for convenience only and shall not affect the interpretation or construction of this Agreement; (c) a reference to an Act by name is a reference to an Act of the Parliament of Western Australia; and (d) a reference to an Act whether by name or otherwise includes the amendments to the Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the rules, regulations and by‑laws for the time being in force thereunder. 2. (2) This Agreement including any dates and time limits specifie