Iron Ore (Hamersley Range) Agreement Act 1963 (WA)

Western Australia Iron Ore (Hamersley Range) Agreement Act 1963 Western Australia Iron Ore (Hamersley Range) Agreement Act 1963 Contents 1. Short title 1 2. Terms used 1 3. Agreement approved and provisions to take effect 1 3A. First Supplementary Agreement 1 3B. Second Supplementary Agreement 1 3C. Third Supplementary Agreement 1 3D. Fourth Supplementary Agreement 1 3E. Fifth Supplementary Agreement 1 3F. Sixth Supplementary Agreement 1 3G. Seventh Supplementary Agreement 1 3H. Eighth Supplementary Agreement 1 3I. Ninth Supplementary Agreement 1 3J. Tenth Supplementary Agreement 1 4A. Variation of Agreement to increase rates of royalty 1 4B. Variation of Second Supplementary Agreement to increase rates of royalty 1 4C. Eleventh Supplementary Agreement 1 4D. Twelfth Supplementary Agreement 1 4E. State empowered 1 4F. Thirteenth Supplementary Agreement 1 4G. Fourteenth Supplementary Agreement 1 4H. Fifteenth Supplementary Agreement 1 4I. Sixteenth Supplementary Agreement 1 4J. Seventeenth Supplementary Agreement 1 4. By‑laws 1 First Schedule — Iron Ore (Hamersley Range) Agreement Second Schedule — First Supplementary Agreement Third Schedule — Second Supplementary Agreement Fourth Schedule — Third Supplementary Agreement Fifth Schedule — Fourth Supplementary Agreement Sixth Schedule — Fifth Supplementary Agreement Seventh Schedule — Sixth Supplementary Agreement Eighth Schedule — Seventh Supplementary Agreement Ninth Schedule — Eighth Supplementary Agreement Tenth Schedule — Ninth Supplementary Agreement Eleventh Schedule — Tenth Supplementary Agreement Twelfth Schedule — Eleventh Supplementary Agreement Thirteenth Schedule — Twelfth Supplementary Agreement Fourteenth Schedule — Thirteenth Supplementary Agreement Fifteenth Schedule — Fourteenth Supplementary Agreement Sixteenth Schedule — Fifteenth Supplementary Agreement Seventeenth Schedule — Sixteenth Supplementary Agreement Eighteenth Schedule — Seventeenth Supplementary Agreement Notes Compilation table 1 Other notes 1 Defined terms Western Australia Iron Ore (Hamersley Range) Agreement Act 1963 An Act to approve an agreement relating to iron ore deposits at or near the Hamersley Range, and for incidental and other purposes. 1. Short title This Act may be cited as the Iron Ore (Hamersley Range) Agreement Act 1963. 2. Terms used In this Act, unless the contrary intention appears — Agreement means the agreement of which a copy is set out in the First Schedule, and, if that agreement is added to or varied or any of its provisions are cancelled, in accordance with the provisions thereof, includes the agreement as so altered from time to time; Company has the same meaning as it has in, and for the purposes of, the Agreement; Eighth Supplementary Agreement means the agreement a copy of which is set out in the Ninth Schedule; Eleventh Supplementary Agreement means the agreement a copy of which is set out in the Twelfth Schedule; Fifteenth Supplementary Agreement means the agreement a copy of which is set out in the Sixteenth Schedule; Fifth Supplementary Agreement means the agreement of which a copy is set out in the Sixth Schedule; First Supplementary Agreement means the agreement of which a copy is set out in the Second Schedule; Fourteenth Supplementary Agreement means the agreement a copy of which is set out in the Fifteenth Schedule; Fourth Supplementary Agreement means the agreement of which a copy is set out in the Fifth Schedule; Ninth Supplementary Agreement means the agreement a copy of which is set out in the Tenth Schedule; Second Supplementary Agreement means the agreement of which a copy is set out in the Third Schedule; Seventeenth Supplementary Agreement means the agreement a copy of which is set out in the Eighteenth Schedule; Seventh Supplementary Agreement means the agreement of which a copy is set out in the Eighth Schedule; Sixteenth Supplementary Agreement means the agreement a copy of which is set out in the Seventeenth Schedule; Sixth Supplementary Agreement means the agreement of which a copy is set out in the Seventh Schedule; Tenth Supplementary Agreement means the agreement a copy of which is set out in the Eleventh Schedule; Third Supplementary Agreement means the agreement of which a copy is set out in the Fourth Schedule; Thirteenth Supplementary Agreement means the agreement a copy of which is set out in the Fourteenth Schedule; Twelfth Supplementary Agreement means the agreement a copy of which is set out in the Thirteenth Schedule. [Section 2 amended: No. 98 of 1964 s. 2; No. 48 of 1968 s. 2; No. 39 of 1972 s. 2; No. 93 of 1976 s. 2; No. 26 of 1979 s. 2; No. 39 of 1982 s. 2; No. 27 of 1987 s. 4; No. 60 of 1987 s. 4; No. 32 of 1990 s. 4; No. 42 of 1992 s. 4; No. 34 of 2010 s. 6; No. 61 of 2010 s. 4; No. 61 of 2011 s. 4; No. 13 of 2017 s. 9; No. 38 of 2024 s. 11.] 3. Agreement approved and provisions to take effect (1) The Agreement is approved. (2) Notwithstanding any other Act or law, and without limiting the effect of subsection (1), — (a) the Company shall be permitted to enter upon the lands mentioned in paragraph (c) of clause 2 of the Agreement, to the extent, and for the purposes, by that paragraph provided; and (b) the provisions of subclause (2) of clause 3 of the Agreement shall take effect. (3) The provisions of section 96 of the Public Works Act 1902, do not apply to any railway constructed pursuant to the Agreement. (4) The provisions of section 277(5) of the Mining Act 1904 1, do not apply to any renewal of the rights of occupancy granted pursuant to paragraph (a) of clause 2 of the Agreement. 3A. First Supplementary Agreement The First Supplementary Agreement is approved. [Section 3A inserted: No. 98 of 1964 s. 3; amended: No. 48 of 1968 s.3.] 3B. Second Supplementary Agreement (1) The Second Supplementary Agreement is approved. (2) The provisions of subsections (2), (3) and (4) of section 3 apply to the Second Supplementary Agreement, but as though subsection (2)(a) referred to the lands mentioned in paragraph (b) of clause 2, and subsection (4) referred to the rights of occupancy granted pursuant to subclause (1) of clause 6 of the Second Supplementary Agreement. [Section 3B inserted: No. 48 of 1968 s.4.] 3C. Third Supplementary Agreement The Third Supplementary Agreement is approved. [Section 3C inserted: No. 39 of 1972 s. 3.] 3D. Fourth Supplementary Agreement The Fourth Supplementary Agreement is approved. [Section 3D inserted: No. 93 of 1976 s. 3.] 3E. Fifth Supplementary Agreement The Fifth Supplementary Agreement is approved and ratified. [Section 3E inserted: No. 26 of 1979 s. 3.] 3F. Sixth Supplementary Agreement The Sixth Supplementary Agreement is approved and ratified. [Section 3F inserted: No. 39 of 1982 s. 3.] 3G. Seventh Supplementary Agreement (1) The Seventh Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Seventh Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 3G inserted: No. 27 of 1987 s. 5.] 3H. Eighth Supplementary Agreement (1) The Eighth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Eighth Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 3H inserted: No. 60 of 1987 s. 5.] 3I. Ninth Supplementary Agreement (1) The Ninth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Ninth Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 3I inserted: No. 32 of 1990 s. 5.] 3J. Tenth Supplementary Agreement (1) The Tenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Tenth Supplementary Agreement shall operate and take effect notwithstanding any other Act or law. [Section 3J inserted: No. 42 of 1992 s. 5.] 4A. Variation of Agreement to increase rates of royalty (1) In this section — Agreement means the agreement a copy of which is set out in the First Schedule — (a) as varied from time to time in accordance with its provisions; and (b) as varied by these agreements — (i) the First Supplementary Agreement; (ii) the Second Supplementary Agreement; (iii) the Third Supplementary Agreement; (iv) the Fourth Supplementary Agreement; (v) the Fifth Supplementary Agreement; (vi) the Sixth Supplementary Agreement; (vii) the Seventh Supplementary Agreement; (viii) the Eighth Supplementary Agreement; (ix) the Ninth Supplementary Agreement; (x) the Tenth Supplementary Agreement. (2) Clause 10(2)(j) of the Agreement is varied — (a) in subparagraph (ii) by deleting "3.75%" and inserting — 5.625% (b) in subparagraph (iii) by deleting "3.25%" and inserting — 5% (3) Clause 10(2)(j)(ii) and (iii) of the Agreement as varied by subsection (2) operate and take effect despite — (a) any other provision of the Agreement; and (b) any other agreement or instrument; and (c) any other Act or law. (4) Nothing in this section affects the amount of royalty payable under clause 10 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 3. [Section 4A inserted: No. 34 of 2010 s. 7.] 4B. Variation of Second Supplementary Agreement to increase rates of royalty (1) In this section — Second Supplementary Agreement means the agreement a copy of which is set out in the Third Schedule — (a) as varied from time to time in accordance with its provisions; and (b) as varied by these agreements — (i) the Third Supplementary Agreement; (ii) the Fourth Supplementary Agreement; (iii) the Fifth Supplementary Agreement; (iv) the Sixth Supplementary Agreement; (v) the Seventh Supplementary Agreement; (vi) the Eighth Supplementary Agreement; (vii) the Ninth Supplementary Agreement; (viii) the Tenth Supplementary Agreement. (2) Clause 7(4) of the Second Supplementary Agreement is varied by deleting "(j)," and inserting — (j) (as varied by the Iron Ore (Hamersley Range) Agreement Act 1963 section 4A), (3) Clause 7(4) of the Second Supplementary Agreement as varied by subsection (2) operates and takes effect despite — (a) any other provision of the Agreement; and (b) any other agreement or instrument; and (c) any other Act or law. (4) Nothing in this section affects the amount of royalty payable under clause 7(4) of the Second Supplementary Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 3. [Section 4B inserted: No. 34 of 2010 s. 7.] 4C. Eleventh Supplementary Agreement (1) The Eleventh Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Eleventh Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4C inserted: No. 61 of 2010 s. 5.] 4D. Twelfth Supplementary Agreement (1) The Twelfth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Twelfth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4D inserted: No. 61 of 2010 s. 5.] 4E. State empowered (1) The State has power in accordance with clause 10N(9)(a) of the Principal Agreement, as defined in the Eleventh Supplementary Agreement, and as inserted by that Supplementary Agreement. (2) The State has power in accordance with clause 7E(9)(a) of the Principal Agreement, as defined in the Twelfth Supplementary Agreement, and as inserted by that Supplementary Agreement. [Section 4E inserted: No. 61 of 2010 s. 5.] 4F. Thirteenth Supplementary Agreement (1) The Thirteenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Thirteenth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4F inserted: No. 61 of 2011 s. 5.] 4G. Fourteenth Supplementary Agreement (1) The Fourteenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Fourteenth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4G inserted: No. 61 of 2011 s. 5.] 4H. Fifteenth Supplementary Agreement (1) The Fifteenth Supplementary Agreement is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Fifteenth Supplementary Agreement is to operate and take effect despite any other Act or law. [Section 4H inserted: No. 13 of 2017 s. 10.] 4I. Sixteenth Supplementary Agreement (1) The Sixteenth Supplementary Agreement is ratified. (2) The implementation of the Sixteenth Supplementary Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Sixteenth Supplementary Agreement operates and takes effect despite any enactment or other law. [Section 4I inserted: No. 38 of 2024 s. 12.] 4J. Seventeenth Supplementary Agreement (1) The Seventeenth Supplementary Agreement is ratified. (2) The implementation of the Seventeenth Supplementary Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Seventeenth Supplementary Agreement operates and takes effect despite any enactment or other law. [Section 4J inserted: No. 38 of 2024 s. 12.] 4. By‑laws (1) The Governor may make by‑laws, for the purposes of, and in accordance with, the Agreement and the Second Supplementary Agreement. (2) By‑laws made pursuant to this section — (a) shall be published in the Government Gazette; and (b) take effect and have the force of law from the date they are so published or from such later date as is fixed by the by‑laws; and (c) may prescribe penalties not exceeding $100; and (d) are not subject to the provisions of section 36 of the Interpretation Act 1918 2, but shall be laid before each House of Parliament within 6 sittings days of such House next following the publication of the by‑laws in the Government Gazette. [Section 4 amended: No. 98 of 1964 s. 4; No. 48 of 1968 s. 5.] First Schedule — Iron Ore (Hamersley Range) Agreement [s. 2] [Heading inserted: No. 98 of 1964 s. 5; amended: No. 19 of 2010 s. 4.] THIS AGREEMENT under seal made the thirtieth day of July One thousand nine hundred and sixty‑three BETWEEN THE HONOURABLE CRAWFORD DAVID NALDER M.L.A. Acting Premier and Acting Treasurer of the State of Western Australia acting for and on behalf of the said State and instrumentalities thereof from time to time (hereinafter called "the State") of the one part AND HAMERSLEY IRON PTY. LIMITED a company incorporated under the Companies Act 1961 of the State of Victoria and having its registered office and principal place of business in that State at 95 Collins Street Melbourne and its registered office in the State of Western Australia at 37 Saint George's Terrace Perth (hereinafter called "the Company" which expression will include the successors and assigns of the Company including where the context so admits the assignees and appointees of the company under clause 20 hereof) of the other part. WHEREAS: (a) The Company (being satisfied from investigations which prior to the year 1963 cost over three hundred thousand pounds (£300,000) that the mining areas defined in clause 1 hereof contain iron ore of tonnages and grades sufficient to warrant economic recovery and marketing) desires to carry out certain investigations relating to the mining transport by rail and shipment of iron ore from the mining areas and also to the entering into a contract or contracts for the export sale of that ore (b) The Company having commenced already to investigate the feasibility of establishing within the State of Western Australia a plant for secondary processing agrees to review this matter from time to time with a view to its being in a position to submit to the State proposals for such establishment as hereinafter provided (c) The Company agrees to investigate in due course the feasibility of establishing within the State of Western Australia an integrated iron and steel industry and to review this matter from time to time with a view to its being in a position to submit to the State proposals for such establishment as hereinafter provided (d) Conzinc Riotinto of Australia Limited a company incorporated under the Companies Act 1958 of the State of Victoria and having its registered office and principal place of business in that State at 95 Collins Street Melbourne (hereinafter called "the Guarantor Company") has agreed to guarantee that the Company (which is a subsidiary of the Guarantor Company) will complete the expenditure of the sum of five hundred thousand pounds (£500,000) as provided in clause 4(1) hereof. NOW THIS AGREEMENT WITNESSETH: — Interpretation 3. 1. In this Agreement subject to the context — "associated company" means — (a) any company notified in writing by the Company to the Minister which is incorporated in the United Kingdom the United States of America or the Commonwealth of Australia and which is — (i) a subsidiary of the Company within the meaning of the term "subsidiary" in section 6 of the Companies Act 1961; (ii) promoted by the Company for all or any of the purposes of this Agreement and in which the Company holds not less than one million pounds (£1,000,000) of the issued ordinary share capital; (iii) a company in which the Company holds not less than twenty per cent (20%) of the issued ordinary share capital; or (iv) a company which is related within the meaning of that term in the aforesaid section to the Company or to any company in which the Company holds not less than twenty per cent (20%) of the issued ordinary share capital, and (b) any company approved in writing by the Minister for the purposes of this Agreement which is associated directly or indirectly with the Company in its business or operations hereunder; "commencement date" means the date referred to as the commencement date in clause 8(3) hereof; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "Company's wharf" means the wharf to be constructed by the Company pursuant to this Agreement for the shipment of iron ore from the mineral lease or (except for the purposes of the definition of "harbour") other the temporary wharf for the time being approved by the Minister as the Company's wharf for the purposes hereof during the period to which such approval relates; "deposits townsite" means the townsite to be established on or near the mining areas pursuant to this Agreement; "direct shipping ore" means iron ore which has an average pure iron content of not less than sixty per cent (60%) which will not pass through a one half (½) inch mesh screen and which is sold without concentration or other beneficiation other than crushing and screening; "export date" means the earlier of the following dates namely — (a) the date three (3) years after the commencement date; (b) the date when the Company first exports iron ore hereunder (other than iron ore shipped solely for testing purposes); "financial year" means a year commencing on and including the 1st day of July; "fine ore" means iron ore which has an average pure iron content of not less than sixty per cent. (60%) which will pass through a one half (½) inch mesh screen and which is sold without concentration or other beneficiation other than crushing and screening; "fines" means iron ore (not being direct shipping ore or fine ore) which will pass through a one half (½) inch mesh screen; "f.o.b. revenue" means the price for iron ore from the mineral lease the subject of any shipment or sale and payable by the purchaser thereof to the Company or an associated company less all export duties and export taxes payable to the Commonwealth on the export of the iron ore and all costs and charges properly incurred and payable by the Company from the time the ore shall be placed on ship at the Company's wharf to the time the same is delivered and accepted by the purchaser including — (1) ocean freight; (2) marine insurance; (3) port and handling charges at the port of discharge; (4) all costs properly incurred in delivering the ore from port of discharge to the smelter and evidenced by relevant invoices; (5) all weighing sampling assaying inspection and representation costs; (6) all shipping agency charges after loading on and departure of ship from the Company's wharf; and (7) all import taxes by the country of the port of discharge; "harbour" means the port or harbour serving the Company's wharf; "integrated iron and steel Industry" means an industry for the manufacture of iron and steel or for the manufacture of steel from iron ore by a process which does not necessarily involve the production of pig iron or basic iron in the production of steel; "iron ore contracts" means the contract or contracts referred to in clause 5(1) hereof; "Land Act" means the Land Act 1933; "mineral lease" means the mineral lease referred to in clause 9(1) hereof and includes any renewal thereof; "Mining Act" means the Mining Act 1904; "mining areas" means the areas delineated and coloured red on the Plan marked "A" initialled by or on behalf of the parties hereto for the purposes of identification; "Minister" means the Minister in the Government of the said State for the time being responsible (under whatsoever title) for the administration of the Ratifying Act and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Company and includes the successors in office of the Minister; "month" means calendar month; "notice" means notice in writing; "person" or "persons" includes bodies corporate; "port townsite" means the townsite to be established pursuant to this Agreement near the harbour; "Ratifying Act" means the Act to ratify this Agreement and referred to in clause 3 hereof; "said State" means the State of Western Australia; "secondary processing" means concentration or other beneficiation of iron ore other than by crushing or screening and includes thermal electrostatic magnetic and gravity processing; "special lease" means a special lease or license to be granted in terms of this Agreement under the Ratifying Act the Land Act or the Jetties Act 1926 and includes any renewal thereof; "this Agreement" "hereof" and "hereunder" include this Agreement as from time to time added to varied or amended; "ton" means a ton of two thousand two hundred and forty (2,240) lbs. net dry weight; "townsite" in relation to the townsite to be established near the harbour means a townsite (whether or not constituted and defined under section 10 of the Land Act) primarily to facilitate the Company's operations in and near the harbour and for employees of the Company and in relation to the mining areas means such a townsite or townsites or any other townsite or townsites which is or are established by the Company for the purposes of its operations and employees on or near the mining areas in lieu of a townsite constituted and defined under section 10 of the Land Act; "wharf" includes any jetty structure; "year 1" means the year next following the export date and "year" followed immediately by any other numeral has a corresponding meaning; reference in this Agreement to an Act shall include the amendments to such Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; power given under any clause of this Agreement other than clause 24 hereof to extend any period or date shall be without prejudice to the power of the Minister under the said clause 24; marginal notes shall not affect the interpretation or construction hereof 3; the phases in which it is contemplated that this Agreement will operate are as follows — (a) Phase 1 — the period from the execution hereof by the parties hereto until the commencement date; (b) Phase 2 — the period from the commencement date until a plant for secondary processing or an integrated iron and steel industry is established by the Company hereunder or by another company or party as referred to in clause 12 or clause 13 hereof whichever first occurs; (c) Phase 3 — (operative if the Company commences secondary processing before establishing an integrated iron and steel industry hereunder) — the period from the commencement of secondary processing by the Company hereunder until the Company has established an integrated iron and steel industry hereunder which period shall include a continuation of Phase 2 operations; and (d) Phase 4 — the period after the Company has established an integrated iron and steel industry hereunder which period shall include a continuation of Phase 2 operations. Obligations of the State during Phase 1 3. 2. The State shall — (a) upon application by the Company within one (1) month after the execution hereof by the parties hereto (and surrender of the then existing rights of occupancy already granted in respect of any portions of the mining areas) cause to be granted to the Company and to the Company alone rights of occupancy for the purposes of this Agreement (including the sole right to search and prospect for iron ore) over the whole of the mining areas under section 276 of the Mining Act at a rental at the rate of four pounds (£4) per square mile per annum payable quarterly in advance for the period expiring on the 31st December, 1963 and shall then and thereafter subject to the continuance of this Agreement cause to be granted to the Company as may be necessary successive renewals of such last‑mentioned rights of occupancy (each renewal for a period of twelve (12) months at the same rental and on the same terms) the last of which renewals notwithstanding its currency shall expire — (i) on the date of application for a mineral lease by the Company under clause 9(1) hereof; (ii) at the expiration of one month from the commencement date; (iii) on the determination of this Agreement; or (iv) on the day of the receipt by the State of a notice from the Company to the effect that the Company abandons and cancels this Agreement, whichever shall first happen; (b) introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement; (c) to the extent reasonably necessary for the purposes of clauses 4 and 5 hereof allow the Company to enter upon Crown lands (including land the subject of a pastoral lease and survey possible sites for a harbour wharf railway townsite (both in or near the harbour and on or near the mining areas) stockpiling processing and other areas required for the purposes of this Agreement; and (d) at the request and cost of the Company co-operate with the Company in the discharge of its obligations under clause 4(1)(a) hereof. Ratification and operation 3. 3. (1) Clauses 9 10 11 (other than paragraphs (d) and (l) thereof) 12‑22 both inclusive and 24 of this Agreement shall not operate unless and until the Bill to ratify this Agreement as referred to in clause 2(b) hereof is passed as an Act before the fifteenth day of November, 1963 or such later date if any as the parties hereto may mutually agree upon. If the Bill is not so passed before that date or later date (as the case may be) this Agreement will then cease and determine and neither of the parties hereto will have any claim against the other of them with respect to any matter or thing arising out of done performed or omitted to be done or performed under this agreement except as hereinafter provided in clause 11(d) hereof. (2) If the Bill to ratify this Agreement is passed as an Act before the date or later date if any referred to in subclause (1) of this clause the following provisions of this clause shall notwithstanding the provisions of any Act or law thereupon operate and take effect namely — (a) the provisions of subclauses (1) (2) (3) and (4) of clause 9 the proviso to paragraph (a) of subclause (2) of clause 10 subclause (3) of clause 10 paragraphs (a) (f) (g) (h) (i) (k) and (m) of clause 11 and clauses 21 23 24 and 27 shall take effect as though the same had been brought into force and had been enacted by the Ratifying Act; (b) subject to paragraph (a) of this subclause the State and the Minister respectively shall have all the powers discretions and authorities necessary or requisite to enable them to carry out and perform the powers discretions authorities and obligations conferred or imposed upon them respectively hereunder; (c) no future Act of the said State will operate to increase the Company's liabilities or obligations hereunder with respect to rents or royalties; and (d) the State may as for a public work under the Public Works Act 1902 resume any land or any estate or interest in land required for the purposes of this Agreement and may lease or otherwise dispose of the same to the Company. Obligations of Company during Phase 1 3. 4. (1) The Company at an estimated total cost as from the 1st January, 1963 of not less than five hundred thousand pounds (£500,000) shall with all reasonable diligence continue to do or shall carry out and by the 31st December, 1964 (or such extended date if any as the Minister may approve) shall complete the matters hereinafter in this subclause mentioned and everything necessary to enable it to finalise and to submit to the Minister the detailed proposals and other matters referred to in clause 5(1)(a) hereof. The matters first referred to in this subclause are — (a) a thorough geological and (as necessary) geophysical investigation and proving of the iron ore deposits in the mining areas and the testing and sampling of such deposits; (b) a general reconnaissance of the various sites of proposed operations pursuant to the Agreement; (c) a selection of the most suitable route for a railway from the mining areas to a suitable harbour and wharf installation for the export of the iron ore; (d) an engineering investigation of a suitable harbour site (from possible sites at Cape Lambert Dampier Archipelago and Maud Landing) and wharf site therein for the purposes of the Company but having regard to the proper development use and capacity of the harbour as a whole by persons and corporations other than the Company; (e) an investigation of suitable water supplies for the townsites and harbour or port services; (f) the planning of suitable townsite in consultation with the State but having due regard to the general development of the port townsite and (if and to the extent applicable) the deposits townsite for use by others as well as the Company; and (g) metallurgical and market research. (2) The Company shall keep the State fully informed at least quarterly commencing within one (1) quarter after the execution hereof as to the progress and results of the Company's operations under subclause (1) of this clause. (3) If the State concurrently carries out its own investigations and reconnaissances in regard to all or any of the matters mentioned in subclause (1) of this clause or any alternative harbour site the Company shall co-operate with the State therein and so far as reasonably practicable will consult with the representatives or officers of the State and make full disclosures and expressions of opinion regarding matters referred to in this subclause. (4) The Company will employ and retain expert consultant engineers to investigate report upon and make recommendations in regard to the sites for and design of the Company's wharf (including areas for installations stockpiling and other purposes in the harbour area) reasonably required by the Company under this Agreement but in such regard the Company will require the consultant engineers to have full regard for the general development of the harbour area and the dredging thereof and of approaches thereto with a view to the reasonable use by others of the harbour area and approaches and the Company will furnish to the State copies of such report and recommendations. When sub