Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 (WA)

Western Australia Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 Western Australia Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 Contents 1. Short title 1 2A. Term used: current Agreement 1 2. Execution of agreement authorised 1 3. Executed agreement to operate and take effect 2 4. First Variation Agreement 2 5. Second Variation Agreement 2 6. Third Variation Agreement 3 7. Variation of Agreement to increase rates of royalty 4 8. Fourth Variation Agreement 5 9. State empowered under clause 11E(9)(a) 5 10. Fifth Variation Agreement 5 Schedule 1 — Iron Ore (McCamey's Monster) Agreement Schedule 2 — First Variation Agreement Schedule 3 — Second Variation Agreement Schedule 4 — Third Variation Agreement Schedule 5 — Fourth Variation Agreement Schedule 6 — Fifth Variation Agreement Notes Compilation table 183 Western Australia Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 An Act to authorise the execution on behalf of the State of an agreement with Consolidated Gold Fields Australia Limited, Cyprus Mines Corporation, Utah Development Company, Hancock Prospecting Pty. Ltd., Wright Prospecting Pty. Ltd. and M.I.M. Holdings Limited relating to the exploration for and the development and treatment of iron ore and for incidental and other purposes. 1. Short title This Act may be cited as the Iron Ore (McCamey's Monster) Agreement Authorisation Act 1972 1. 2A. Term used: current Agreement In this Act — current Agreement means the agreement referred to in section 2 as varied from time to time. [Section 2A inserted: No. 61 of 2010 s. 39.] 2. Execution of agreement authorised The execution by the Premier of the State of Western Australia acting for and on behalf of the State of an agreement in or substantially in accordance with the form set out in Schedule 1 is authorised. [Section 2 amended: No. 45 of 1986 s. 4.] 3. Executed agreement to operate and take effect (1) When the agreement referred to in section 2 is duly executed by all the parties thereto, the agreement (in this Act called the Principal Agreement) shall, subject to its provisions, operate and take effect as though those provisions were enacted in this Act. (2) To avoid doubt, it is declared that the provisions of the Public Works Act 1902 section 96 do not apply to a railway constructed under the current Agreement. [Section 3 amended: No. 45 of 1986 s. 5; No. 61 of 2010 s. 40.] 4. First Variation Agreement (1) The agreement (in this section called the first Variation Agreement), a copy of which is set out in Schedule 2, is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the first Variation Agreement shall operate and take effect notwithstanding any other Act or law. (3) Without limiting section 3(1), on the commencement of the Iron Ore (McCamey's Monster) Agreement Authorisation Amendment Act 1986 1 the Principal Agreement, as amended by the first Variation Agreement, shall, subject to its provisions, operate and take effect as though those provisions were enacted in this Act. [Section 4 inserted: No. 45 of 1986 s. 6; amended: No. 29 of 1994 s. 8; No. 61 of 2010 s. 41.] 5. Second Variation Agreement (1) The agreement (in this section called the second Variation Agreement), a copy of which is set out in Schedule 3, is ratified and its implementation is authorised. (2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the second Variation Agreement shall operate and take effect notwithstanding any other Act or law. (3) Without limiting section 3(1), on the commencement of the Acts Amendment (Mount Goldsworthy, McCamey's Monster and Marillana Creek Iron Ore Agreements) Act 1994 1, the Principal Agreement, as amended by the first Variation Agreement and the second Variation Agreement, shall, subject to its provisions, operate and take effect as though those provisions were enacted in this Act. [Section 5 inserted: No. 29 of 1994 s. 9; amended: No. 61 of 2010 s. 41.] 6. Third Variation Agreement (1) The agreement (third Variation Agreement) a copy of which is set out in Schedule 4 is ratified. (2) The implementation of the third Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the third Variation Agreement is to operate and take effect despite any other Act or law. (4) Without limiting section 3(1), on the commencement of the Acts Amendment (Iron Ore Agreements) Act 2000 1, the Principal Agreement, as amended by the first Variation Agreement, the second Variation Agreement and the third Variation Agreement, is to operate as if it were enacted in this Act. [Section 6 inserted: No. 57 of 2000 s. 13; amended: No. 61 of 2010 s. 41.] 7. Variation of Agreement to increase rates of royalty (1) In this section — Agreement means the Principal Agreement — (a) as varied from time to time in accordance with its provisions; and (b) as varied by these agreements — (i) the first Variation Agreement; (ii) the second Variation Agreement; (iii) the third Variation Agreement. (2) Clause 31(1) of the Agreement is varied — (a) in paragraph (aa)(ii) by deleting "3.75%" and inserting — 5.625% (b) after paragraph (aa) by inserting — (ab) on iron ore products being fine ore and fines where such fine ore or fines are sold or shipped separately as such — at the rate of 5.625% of the f.o.b. revenue (computed as mentioned in paragraph (a) of this subclause); (ac) on iron ore products being iron ore concentrates — at the rate of 5% of the f.o.b. revenue (computed as mentioned in paragraph (a) of this subclause); (3) Clause 31(1)(aa)(ii) of the Agreement as varied, and clause 31(1)(ab) and (ac) as inserted in the Agreement, 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 31 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 5. [Section 7 inserted: No. 34 of 2010 s. 11.] 8. Fourth Variation Agreement (1) The agreement (fourth Variation Agreement) a copy of which is set out in Schedule 5 is ratified. (2) The implementation of the fourth Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the fourth Variation Agreement is to operate and take effect despite any other Act or law. [Section 8 inserted: No. 61 of 2010 s. 42.] 9. State empowered under clause 11E(9)(a) The State has power in accordance with clause 11E(9)(a) of the current Agreement. [Section 9 inserted: No. 61 of 2010 s. 42.] 10. Fifth Variation Agreement (1) The agreement (fifth Variation Agreement) a copy of which is set out in Schedule 6 is ratified. (2) The implementation of the fifth Variation Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the fifth Variation Agreement is to operate and take effect despite any other Act or law. [Section 10 inserted: No. 62 of 2011 s. 16.] Schedule 1 — Iron Ore (McCamey's Monster) Agreement [s. 2] [Heading inserted: No. 45 of 1986 s. 7; amended: No. 19 of 2010 s. 4.] THIS AGREEMENT made the day of One thousand nine hundred and seventy‑two BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., THE PREMIER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED a company incorporated under the Companies Ordinances of the Australian Capital Territory and having its executive office at Gold Fields House Sydney Cove in the State of New South Wales and its registered office in the State of Western Australia (hereinafter referred to as "the said State") at 156 Saint George's Terrace Perth CYPRUS MINES CORPORATION a corporation incorporated in the State of New York in the United States of America and having its executive offices situate at 1234 Pacific Mutual Building 523 West Sixth Street Los Angeles California in the United States of America UTAH DEVELOPMENT COMPANY a corporation incorporated under the laws of the State of Nevada in the United States of America with its executive offices situate at 550 California Street San Francisco in the said United States of America and having its registered office in the State of Queensland at Pearl Assurance House at the corner of Queen and Eagle Streets Brisbane HANCOCK PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth WRIGHT PROSPECTING PTY LTD a company incorporated in the said State and having its registered office situate at the 14th floor Lombard House 251 Adelaide Terrace Perth and M.I.M. HOLDINGS LIMITED a company incorporated in the State of Queensland and having its registered office situate at 363 Adelaide Street, Brisbane (hereinafter called "the Joint Venturers" which expression shall where the context so admits or requires extend to include the Joint Venturers jointly and each of them severally their and each of their successors and permitted assigns and appointees) of the other part. WHEREAS: (a) The Joint Venturers are exploring and investigating the possibility of the mining areas hereinafter defined containing large deposits of iron ore and as a result of such exploration and investigation the parties believe that in the mining areas there are substantial deposits of iron ore having an average grade of 60% Fe or better. (b) Research is being conducted by the Joint Venturers with the object of establishing satisfactory ore crushing, screening, and upgrading procedures in the treatment of iron ore. (c) The Joint Venturers are conducting engineering studies as to the technical feasibility of the construction of a railway between the mining areas and possible port sites. NOW THIS AGREEMENT WITNESSETH as follows — Definitions 2 1. In this Agreement subject to the context — "apply", "appoint", "approve", "approval", "consent", "certify", "direct", "notify", "require", or "request" means apply, appoint, approve, approval, consent, certify, direct, notify, require, or request in writing as the case may be; "approved proposals" means proposals which are approved by the Minister as provided in paragraph (a) of subclause (1) of Clause 8 and proposals which are deemed to have been approved as provided in paragraph (b) of subclause (6) of Clause 8; "associated company" means — (a) any company notified by the Joint Venturers or any of them to the Minister which has a paid‑up capital of not less than two million dollars and is incorporated in the United Kingdom, the United States of America, or the Commonwealth of Australia and which — (i) is promoted by the Joint Venturers or any of them for all or any of the purposes of this Agreement and in which the Joint Venturers or any of them hold not less than twenty per centum of the issued ordinary share capital or — (ii) is related within the meaning of the term "subsidiary" in section 6 of the Companies Act 1961 to any company in which the Joint Venturers or any of them hold not less than twenty per centum of the issued ordinary share capital and — (b) any other company which the Minister approves as an associated company for the purposes of this Agreement. "Clause" means a clause of this Agreement. "commencement date" means the date on which this Agreement is executed by all the parties hereto; "Commission" means the State Electricity Commission of Western Australia; "Commonwealth" means the Commonwealth of Australia and includes the Government thereof for the time being; "direct shipping ore" means iron ore which has an average pure iron content of not less than sixty per centum which will not pass through a 6 millimetre mesh screen and which is sold without concentration or other beneficiation other than crushing and screening; "export date" means the date on which the ship carrying the first shipment of iron ore products shipped by the Joint Venturers under this Agreement (other than iron ore shipped solely for testing purposes) sails from the port at which it has been loaded; "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 centum which will pass through a 6 millimetre 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 6 millimetre mesh screen; "f.o.b. revenue" means the price for iron ore products the subject of any shipment or sale which is payable by the purchaser thereof to the Joint Venturers or an associated company, less all export duties and export taxes payable on such iron ore products and less all costs and charges properly incurred and payable on such iron ore products by the Joint Venturers or an associated company to the State or a third party from the time when the iron ore products are placed on ship at the Joint Venturers' wharf to the time when the iron ore products are delivered and accepted by the purchaser, there being included in such costs and charges — (1) ocean freight; (2) marine insurance; (3) port and handling charges at port of discharge; (4) costs of delivery from port of discharge to a smelter nominated by the purchaser; (5) weighing, sampling, assaying, inspection and representation costs incurred on discharge or delivery; (6) shipping agency charges; (7) import taxes payable to the country of the port of discharge; (8) demurrage incurred after loading and at port of discharge; and (9) such other costs and charges as the parties (having regard inter alia to such matters as the parties to and the bona fide nature of the transaction as the result of which the cost or charge was incurred) shall agree to include or failing agreement as fixed by arbitration as hereinafter provided. For the purpose of this definition — (a) the Minister may from time to time in respect of any of the costs or charges mentioned in items (1) to (9) (inclusive) above incurred in relation to any particular shipment or sale notify the Joint Venturers that he does not regard the cost or charge as being properly incurred and in that event should the Joint Venturers disagree with the Minister's decision they may refer the matter in question to arbitration as hereinafter provided but unless and until it is otherwise determined such cost or charge shall be treated as being not properly incurred and if otherwise determined the State will refund to the Joint Venturers any royalty paid by the Joint Venturers on the basis that the charge was not properly incurred; (b) notwithstanding anything contained in this definition to the contrary, a cost or charge as set out in items (1) to (8) inclusive or this definition shall not (unless and until the Minister so determines) be deemed to be properly incurred if such charge is directly or indirectly imposed upon or incurred by the Joint Venturers or an associated company pursuant to an arrangement entered into between the Joint Venturers and the State; (c) in the event of the parties failing to agree to the inclusion of a cost or charge which might be included pursuant to item (9) and referring the matter to arbitration then unless and until it is otherwise determined such cost or charge shall be excluded but if it is determined that the same should be included the State shall refund to the Joint Venturers any royalty paid by reason of the same having been excluded; "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" means iron ore from the mining areas; "iron ore concentrates" means products (whether in pellet or other form) resulting from secondary processing but does not include metallised agglomerates; "iron ore pellets" means iron ore in pellet or other form produced by pelletisation or a more advanced reduction or other treatment or process from iron ore mined on the mineral lease; "iron ore products" is an inclusive term covering iron ore of all grades obtained from the mineral lease and also all products produced by secondary and tertiary processing any part of such iron ore; "Joint Venturers' wharf" means any wharf utilised by the Joint Venturers for the purpose of shipping iron ore products produced as the result of the operation of this Agreement and whether the same be a wharf constructed by or on behalf of the Joint Venturers a wharf used by the Joint Venturers in conjunction with another or others (including the State) or any temporary structure approved by the Minister as the Joint Venturers' wharf for the time being for the purposes of this Agreement; "Land Act" means the Land Act 1933; "locally used ore" means iron ore used by the Joint Venturers or an associated company within the Commonwealth for secondary processing or in an integrated iron and steel industry or any plant for the production of steel; "metallised agglomerates" means products resulting from the reduction of iron ore or iron ore concentrates by any method whatsoever and having an iron content of not less than eighty‑five percentum; "mineral lease" means the mineral lease or mineral leases referred to in Clause 11(1) and includes any renewal thereof and where the context so permits shall describe the area of land demised as well as the instrument by which it is demised; "mine townsite" means a townsite or townsites established by the Joint Venturers on or near the mining areas pursuant to this Agreement and may include any existing townsite approved by the Minister; "Mining Act" means the Mining Act 1904; "mining areas" means the area delineated and coloured blue on the plan marked "A" initialled by or on behalf of the parties for the purpose of identification and comprising Temporary Reserves Nos. 4194H, 4326H, 5004H and 5006H; "Minister" means the Minister of the Government of the said State for the time being responsible for the administration of this Agreement; "Minister for Mines" means the Minister in the Government of the said State for the time being responsible for the administration of the Mining Act; "month" means calendar month; "notice" means notice in writing; "ore" means iron ore; "parties" means the parties to this Agreement; "person" or "persons" includes bodies corporate; "the port" means a new port to be established in implementation of proposals made by the Joint Venturers pursuant to Clause 7 whether the same be established by the Joint Venturers exclusively or by them in conjunction with another or others (including the State) and should no such new port be established the term means any existing port developed or used by the Joint Venturers for the purposes of this Agreement by arrangement with another or others (including the State) and in either case the term extends to and includes as well as the land upon which the Joint Venturers' wharf is erected also the adjacent land serving the Joint Venturers' wharf and the adjacent land on which it is proposed to locate or on which could be located or in fact is located secondary and tertiary processing plants crushing grinding and screening facilities stockpiling yards electric power generating plant petroleum storage and other ancillary facilities; "port townsite" means the townsite to be expanded or developed near the port; "said State" means the State of Western Australia; "secondary processing" means the concentration or other beneficiation of iron ore otherwise than by crushing or screening and includes thermal electrostatic magnetic and gravity processing and the production of pellets iron ore concentrates metallised agglomerates and sponge iron; "steel" means steel in the form of steel billets or manufactured steel products; "tertiary processing" means the production of pig iron by blast furnace smelting the production of steel by any means whatsoever and the further processing of steel into special shapes and alloys; "this Agreement" "hereof" and "hereunder" includes this Agreement as from time to time added to varied or amended; "tonne" means a tonne of one thousand kilograms net dry weight; "Transfer of Land Act" means Transfer of Land Act 1893; "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. Interpretation 2 2. (1) In this Agreement — (a) monetary references are references to Australian currency unless otherwise specifically expressed; (b) power given under any clause other than Clause 46 to extend any period or date shall be without prejudice to the power of the Minister under Clause 46; (c) marginal notes do not affect the interpretation or construction 2; and (d) reference to an Act includes the amendments to that 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. (2) Where any provision of this Agreement constitutes an Agreement or undertaking by one of the parties to make a payment or to perform some act or to carry out some obligation or to assume some responsibility or liability or to grant some right concession or advantage that party shall by its execution hereof be deemed to have covenanted and agreed with the other party accordingly. (3) The State and the Minister shall be deemed to have power and authority to exercise all such powers and discretions and to do all such other acts matters and things as may be required or be necessary to be exercised or done in order to carry out and give effect to the provisions of this Agreement and in particular the State and the Minister shall be deemed to have power — (i) to close or vary the alignments or boundaries of any public road and — (ii) to resume as and for a public work any land or other estate right or interest in land. Effect on existing Acts 2 3. (1) As from the date hereof all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any other Act or any law to the contrary and for the purposes of this Agreement and without limiting the generality of the foregoing the undermentioned Acts shall be deemed modified and amended to the extent indicated namely — (a) the Mining Act — by deleting Sections 277 and 282 thereof; (b) the Land Act — (i) by deleting subsections (1) and (2) of Section 45A thereof and by substituting the following — "45A. (1) Notwithstanding anything contained in the last preceding Sections of this Part (Part IV) of this Act the Governor may dispense with the requirements thereof as to the sale of town or country lands and may approve of any lot being offered for sale or for leasing in the manner prescribed in subsection (2) of this Section; (2) Upon the Governor signifying approval pursuant to subsection (1) of this Section in respect of any such lands the Minister may offer the said lands or any part thereof for sale or may grant leases or licences thereof for such price or prices and for such period or periods (including rights of renewal) and upon and subject to such other terms and conditions and in such form as the Minister may think fit provided that the price period or other terms and conditions shall not be inconsistent with the provisions of any agreement executed by the Premier of the State of Western Australia acting for and on behalf of the said State pursuant to the authority in that behalf given by an Act of the Parliament of the said State." (ii) by deleting the proviso to Section 116 thereof; (iii) by deleting Sections 135 and 143 thereof; (c) the Public Works Act — by deleting subsections (2) to (7) inclusive of Section 17 thereof and also the whole of Section 17A thereof; (d) Section 82 of the Mining Act and Section 81D of the Transfer of Land Act shall not apply to a mortgage or charge in the form commonly known as a floating charge given by the Joint Venturers or an associated company pursuant to Clause 40 or to a transfer or assignment in exercise of a power of sale contained in any such mortgage or charge; (e) no lease sublease licence or other title or right granted or assigned under or pursuant to this Agreement shall be subject to or capable of partition and the provisions of Part XIV of the Property Law Act 1969 shall not apply thereto. Right to enter Crown land 2 4. To the extent reasonably necessary for the purpose of the investigations and studies and subject to the adequate protection of the environment (including flora and fauna) and the affected land and improvements thereon the State shall permit the Joint Venturers to enter into and upon Crown land other than the mining areas (including the lands the subject of a pastoral lease) and to survey possible sites for their proposed operations under this Agreement. Rights of occupancy of mining areas 2 5. As soon as practicable after the commencement date the State shall upon application by the Joint Venturers cause to be granted to the Joint Venturers the sole and exclusive right to search and prospect for iron ore in the mining areas (but excluding therefrom any existing prospecting areas, claims, leases, or authorised holdings under the Mining Act and any land alienated or in the course of alienation and any land reserved (not being Crown land within the meaning of the Mining Act)) by granting to the Joint Venturers rights of occupancy pursuant to section 276 of the Mining Act over the Temporary Reserves contained in the mining areas for the period and upon and subject to the following terms and conditions — Existing rights to be surrendered 2 (a) the rights of occupancy shall be granted subject to the condition precedent that the Joint Venturers acquire by transfer all existing rights of occupancy in respect of the mining areas and surrender them to the Minister for Mines; Period of rights of occupancy 2 (b) the rights of occupancy shall be for a period expiring five years after the commencement date; Consideration for rights of occupancy 2 (c) the Joint Venturers shall within one month after the commencement date and thereafter on the first and every subsequent anniversary of the commencement date during the continuance of the period of the rights of occupancy pay to the State as consideration for the rights of occupancy in advance an annual fee of one thousand dollars for each Temporary Reserve comprised in the mining areas and in addition ten dollars and four cents for each square kilometre or part of a square kilometre of the mining areas for the time being subject to the rights of occupancy; Obligation to prospect 2 (d) the Joint Venturers shall (in so far as they have not already done so) at their expense and in accordance with a programme first approved by the Minister for Mines prospect the mining areas to the satisfaction of the Minister for Mines during the term of such rights; Reports 2 (e) the Joint Venturers shall during the term of the rights of occupancy furnish to both the Minister and the Minister for Mines an annual report on all operations carried out in the mining areas by or on behalf of the Joint Venturers; Other mining tenements 2 (f) the Minister for Mines may grant to any person (including the Joint Venturers) mining tenements pursuant to the Mining Act for any mineral other than iron ore within the mining areas if the Minister is satisfied that such grant would be unlikely to materially prejudice or interfere with the Joint Venturers' operations under this Agreement; Determination of occupancy 2 (g) the rights of occupancy shall forthwith cease and determine on the happening of any of the following events namely — (i) upon the Joint Venturers by notice to the Minister relinquishing the same; or (ii) upon the period of the rights of occupancy expiring by effluxion of time; or (iii) upon the State granting to the Joint Venturers a mineral lease pursuant to Clause 11 (notwithstanding that the instrument of such lease may not be issued); or (iv) upon the Joint Venturers making default in the due and punctual payment of any annual fee payable pursuant to paragraph (c) of this Clause and failing to comply with a notice from the State specifying such default and calling upon the Joint Venturers to remedy the same within a period of fourteen days of the service of such notice; or (v) upon the Joint Venturers making default in the due performance or observance of any of the other of the terms and conditions upon and subject to which the rights of occupancy were granted and failing to comply with a notice from the State specifying such default and calling upon the Joint Venturers to remedy the same within a period of fourteen days of the service of such notice; and Surrender of areas 2 (h) notwithstanding the provisions of paragraph (b) of this Clause the Joint Venturers may from time to time (with abatement of future annual fees in respect of the area surrendered but without abatement of annual fees already paid or annual fees which have become due and have been paid in advance) surrender to the State all or any portion or portions (of reasonable size and shape) of the mining areas. Investigations and studies 2 6. (1) The Joint Venturers shall insofar as they have not already done so to the satisfaction of the Minister, commence forthwith and carry out at their expense (with the assistance of experienced consultants where appropriate) — (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 reconnaissance of sites of the operations proposed pursuant to this Agreement together with the preparation of suitable maps and drawings; (c) an engineering investigation of the route for a railway from the mining areas to the port or (in consultation with the owner) to connect with any existing or proposed railway operated or to be operated by any other party under an agreement with the State; (d) a general survey and preliminary engineering investigation of possible port sites in the vicinity of Port Hedland, Cape Lambert and the Dampier Archipelago including Legendre Island; (e) a study of the technical and economic feasibility of the mining transporting handling and shipping of iron ore from the mining areas; (f) the planning for the development of a suitable mine townsite and a suitable port townsite (including design of housing utilities and associated facilities and social cultural and civic facilities) in consultation with the State having due regard to the possible or probable use of the same by others as well as the Joint Venturers; (g) the investigation, in areas approved by the Minister (which approval shall not be unreasonably withheld) of suitable water supplies for mining industrial and mine townsite purposes; (h) metallurgical and market research; and (i) an assessment of the environmental effects likely to result from operations pursuant to this Agreement together with outlines of proposals to minimise any deleterious effects on the environment; Port investigations 2 (2) After consultation with the Minister concerning the result of the investigations and surveys mentioned in paragraph (d) of subclause (1) of this Clause the Joint Venturers shall employ or retain experienced consultant engineers to investigate report upon and make recommendations as to the best overall development of a port at such location as appears to be most suitable. The Joint Venturers shall require such engineers when making such report and recommendations to have full regard for the general development of the port with a view to its reasonable use by others and the Joint Venturers shall furnish to the State copies of such reports and recommendations. When submitting to the Minister pursuant to Clause 7 detailed proposals in regard to the matters mentioned in this subclause the Joint Venturers shall so far as reasonably practicable ensure that the detailed proposals — (a) do not materially depart from the reports and recommendations of such engineers; (b) provide for the best overall development of the port so far as the same relates to th