Western Australia: Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 (WA)

Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 Reprinted under the Reprints Act 1984 as at 18 March 2011 Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 Contents Part I — Preliminary 1. Short title 2 2. Terms used 2 Part II — Ratification of Agreement and supplementary agreements 3. Agreement 3 3A. First supplementary agreement 3 3B. Second supplementary agreement 3 3C. Third supplementary agreement 3 4. By‑laws 3 5. Money Lenders Act 1912 not to apply 4 Part III — Mining tenements and rights as to minerals 6. Terms used and application of this Part 5 7. Registration and validity of certain mineral claims 6 8. Certain entitlements of Company declared and protected 8 9. Certain rights etc. of others extinguished etc. 10 10. Marking out of certain land, effect of 12 11. Saving of certain pending applications 13 12. Validity of mining lease under Agreement 14 13. Certain mineral claims and mining tenements continued in force 15 Part IV — Security of diamond mining and processing areas 14. Terms used 17 15. Designated areas, declaration of 18 16. Unauthorised possession of diamonds in designated areas 19 17. Entering and leaving designated areas 19 18. Security officer may direct etc. persons in designated area 21 19. Stopping etc. people etc. in or near designated areas 23 20. Searching etc. vehicles etc. in designated areas 23 21. Detaining and searching people in designated areas 23 22. Emergency action excepted from s. 17 to 20 and 21(1)(c) 26 23. Powers of police under s. 21 additional to others 27 24. Evidentiary provisions 27 25. Restitution order for diamonds on conviction 27 26. Security and Related Activities (Control) Act 1996 to apply 27 27. Offences under other Acts not excluded 28 28. Protection from liability for security officers etc. 28 29. Regulations 28 Schedule 1 — Mineral claims Schedule 2 — Diamond (Argyle Diamond Mines Joint Venture) Agreement Schedule 3 — First supplementary agreement Schedule 4 — Second supplementary agreement Schedule 5 — Third supplementary agreement Notes Compilation table 149 Defined terms Reprinted under the Reprints Act 1984 as at 18 March 2011 Western Australia Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 An Act to ratify and authorise the implementation of an agreement between the State of Western Australia and CRA Exploration Pty. Limited, Ashton Mining Limited, Tanaust Proprietary Limited, A.O. (Australia) Pty. Limited and Northern Mining Corporation N.L. and CRA Limited relating to the mining, marketing and processing of diamonds and to matters related thereto; to make provisions as to rights in respect of certain land and minerals to which the Agreement relates and as to the security of operations carried on pursuant to or for the purposes of the Agreement; and for incidental and other purposes. Part I — Preliminary 1. Short title This Act may be cited as the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 1. [Section 1 inserted: No. 12 of 1983 s. 2.] 2. Terms used In this Act unless the contrary intention appears — Agreement means the agreement a copy of which is set out in Schedule 2 and, except in section 3(1), includes that agreement as altered from time to time in accordance with its provisions and by the first supplementary agreement, the second supplementary agreement and the third supplementary agreement; Company means CRA Exploration Pty. Limited, a company incorporated in the State of New South Wales; first supplementary agreement means the agreement a copy of which is set out in Schedule 3; Joint Venturers has the same meaning as that expression has in and for the purposes of the Agreement; second supplementary agreement means the agreement a copy of which is set out in Schedule 4; third supplementary agreement means the agreement a copy of which is set out in Schedule 5. [Section 2 amended: No. 12 of 1983 s. 3; No. 39 of 2001 s. 4; No. 37 of 2008 s. 4.] Part II — Ratification of Agreement and supplementary agreements [Heading amended: No. 39 of 2001 s. 5.] 3. Agreement (1) The Agreement is hereby ratified. (2) The implementation of the Agreement is authorised. 3A. First supplementary agreement The first supplementary agreement is approved and ratified. [Section 3A inserted: No. 39 of 2001 s. 6.] 3B. Second supplementary agreement The second supplementary agreement is approved and ratified. [Section 3B inserted: No. 39 of 2001 s. 6.] 3C. Third supplementary agreement The third supplementary agreement is ratified. [Section 3C inserted: No. 37 of 2008 s. 5.] 4. By‑laws (1) The Governor may, on the recommendation of the Joint Venturers, make by‑laws in accordance with and for the purposes referred to in the Agreement. (2) By‑laws made pursuant to this section — (a) are not subject to section 36 of the Interpretation Act 1918 2 but — (i) shall be published in the Gazette; and (ii) shall take effect and have the force of law from the date they are so published or from a later date provided for in the by‑laws; (b) may provide that contravention of or failure to comply with a by‑law constitutes an offence and provide penalties not exceeding a fine of $100 for offences against the by‑laws. 5. Money Lenders Act 1912 not to apply (1) Subject to subsection (2), the Money Lenders Act 1912 3 does not apply to or in relation to any loan made, before the termination date as defined in section 6(1), to or by a party to the Agreement, or to or in relation to any contract or security relating to such a loan. (2) Subsection (1) does not prevent the application of the Money Lenders Act 1912 3 to or in relation to a loan made by a party to the Agreement to a person who is not a party to the Agreement, or to or in relation to any contract or security relating to such a loan, unless the loan is made for the purposes of, or for purposes incidental to, the implementation of the Agreement. (3) In this section — loan has the meaning given to that expression by section 2 of the Money Lenders Act 1912 3; party to the Agreement means the Joint Venturers, or any of them, or CRA Limited, a company incorporated in Victoria. [Section 5 amended: No. 12 of 1983 s. 5.] Part III — Mining tenements and rights as to minerals 6. Terms used and application of this Part (1) In this Part unless the contrary intention appears — court includes a tribunal or person acting judicially, administratively or otherwise and, without limiting the generality of the foregoing, includes a warden presiding at a warden's court or acting or adjudicating in any other capacity; Department means the Department of Mines 4 of the Public Service of the State; marking out includes marking off; Mining Act 1904 includes the regulations made thereunder; Mining Act 1978 includes the regulations made thereunder; Minister and warden — (a) before the coming into operation of section 3 of the Mining Act 1978, have the same meanings as those expressions have, respectively, in and for the purposes of the Mining Act 1904 5; (b) after the coming into operation of section 3 of the Mining Act 1978, have the same meanings as those expressions have, respectively, in and for the purposes of that Act; subject land means the area within the surveyed boundaries described on the plan marked "A" (initialled by or on behalf of the parties to the Agreement for the purposes of identification) which area is coloured blue on that plan for the purposes of identification and for those purposes only; temporarily reserved land means the land that was, immediately before the coming into operation of this Act, comprised in temporary reserves 7216H, 7217H, 7311H and 7323H but does not include any portion of the subject land; temporary reserve means a reserve created under section 276 of the Mining Act 1904 5; termination date means the date of the cessation or determination of the Agreement in accordance with the terms thereof or of the determination of the Agreement by agreement between the parties thereto. (2) A reference to the marking out of land includes a reference to the occupation of and marking out of land or the taking possession of and marking out of land. (3) The provisions of this Part apply notwithstanding any law or the provisions of any other Act or any regulation. 7. Registration and validity of certain mineral claims (1) The applications recorded in a register kept in the Department as — (a) applications by the Company for mineral claims with the designations MC 80/6787, MC 80/6788, MC 80/7854 and MC 80/7855, respectively; and (b) applications by the Company for mineral claims with the respective designations set out in Schedule 1; and (c) applications by the Company for mineral claims with the designations MC 80/6834, MC 80/6835 and MC 80/6836, respectively, are deemed to be and always to have been validly and effectually made and received for the purposes of the Mining Act 1904 5. (2) On the coming into operation of this Act — (a) each application mentioned in subsection (1)(a) is, by operation of this subsection, approved under and for the purposes of the Mining Act 1904 5 for the whole of the area the subject of the application; and (b) the whole of the area the subject of each application mentioned in subsection (1)(a) shall, by operation of this subsection, cease to be temporarily reserved pursuant to section 276 of the Mining Act 1904 5; and (c) a mineral claim for diamonds with the appropriate designation mentioned in subsection (1)(a) is, by operation of this subsection, registered in the name of the Company under and for the purposes of the Mining Act 1904 5 for the whole of the area the subject of each of the applications mentioned in subsection (1)(a). (3) The mineral claims registered by operation of subsection (2) shall be subject to the same conditions as were imposed on the approval of the application recorded in a register kept in the Department as an application for a mineral claim with the designation MC 80/6792. (4) the approval of each of the applications mentioned in subsection (1)(b) under and for the purposes of the Mining Act 1904 5 is deemed to be and always to have been valid and effectual according to its tenor, and in each case, on the coming into operation of this Act — (a) such portion or portions of the area the subject of the application as are temporarily reserved under section 276 of the Mining Act 1904 5 shall, by operation of this subsection, cease to be so reserved; (b) a mineral claim with the appropriate designation set out in Schedule 1 is, by operation of this subsection, registered in the name of the Company under and for the purposes of the Mining Act 1904 5 in accordance with the terms on which the application was so approved and subject to the conditions imposed when the application was so approved. (5) Such entries may be made in registers and on documents, and such certificates or other documents may be issued, as may be appropriate to record and evidence the approvals, cessations of reservation and registrations effected by subsection (2), the conditions imposed by subsection (3), and the cessations of reservation and registrations effected by subsection (4). (6) The approval of each of the applications mentioned in subsection (1)(c) under and for the purposes of the Mining Act 1904 5 and the registration in each case of a mineral claim in the name of the Company with the appropriate designation mentioned in subsection (1)(c) are deemed to be and always to have been valid and effectual according to their tenor. (7) The mineral claims registered by operation of subsections (2) and (4) and the mineral claims the registration of which is mentioned in subsection (6) are deemed to be and always to have been valid mineral claims under and for the purposes of the Mining Act 1904 5. (8) The following matters, that is to say — (a) the validity or effect of — (i) an application mentioned in this section; or (ii) an approval or registration effected by, or mentioned in, this section; or (b) the validity of a mineral claim registered by operation of, or mentioned in, this section, shall not be liable to be challenged, appealed against, reviewed, quashed, or called in question by or in any proceedings before a court whether instituted before or after the coming into operation of this Act. 8. Certain entitlements of Company declared and protected (1) Without limiting any other right, title, interest, benefit or entitlement the company may have in or in respect of the subject land or any minerals found thereupon, or the effect of section 7, it is hereby expressly declared — (a) that on and from the coming into operation of this Act the Company has exclusive possession of the subject land for the purposes of the Mining Act 1904 5 and the Mining Act 1978; and (b) that — (i) all diamonds found upon the subject land before the coming into operation of this Act excluding diamonds removed from the subject land before 15 October 1979 by a person other than the Company; and (ii) all diamonds found upon the subject land after the coming into operation of this Act but before the relevant date, shall be the absolute property of the Company, and the entitlement of the Company to such possession and such property shall not be liable to be challenged, appealed against, reviewed, quashed, or called in question by or in any proceedings before a court whether instituted before or after the coming into operation of this Act. (2) Subsection (1) does not — (a) apply to or in relation to the possession after the relevant date of the subject land; or (b) apply on or after the relevant date to or in relation to diamonds found before the relevant date upon the subject land but not removed from that land before that date; or (c) affect any right, title, interest, benefit or entitlement of the Joint Venturers or any of them. (3) In this section relevant date means — (a) the date of the grant of a mining lease of the subject land pursuant to clause 15 of the Agreement; or (b) the termination date, whichever is the earlier. 9. Certain rights etc. of others extinguished etc. (1) Any right, title, interest, benefit or entitlement that is held — (a) immediately before the coming into operation of this Act; and (b) under and for the purposes of the Mining Act 1904 5; and (c) by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; and (d) in or in respect of the subject land or any portion thereof or in or in respect of any mineral found thereupon, is, by operation of this subsection, extinguished and deemed never to have existed. (2) Any right, title, interest, benefit or entitlement that might, but for this subsection, vest or otherwise be acquired — (a) under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978; and (b) in or by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; or (iii) a person acting for or on behalf of the Company or the Joint Venturers or any of them; and (c) in or in respect of the subject land or any portion thereof or in or in respect of any mineral found thereupon; and (d) by reason of any act, matter or thing done or commenced before the coming into operation of this Act, or after the coming into operation of this Act but before the relevant date, shall not so vest or be so acquired. (3) In subsection (2) relevant date means the termination date unless the portion of land in question is surrendered to the State under clause 15(5) of the Agreement in which case relevant date means, in relation only to that portion of land, the date on which that surrender takes effect. (4) Any right, title, interest, benefit or entitlement that is held — (a) immediately before the coming into operation of this Act; and (b) under and for the purposes of the Mining Act 1904 5; and (c) by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; and (d) in or in respect of the temporarily reserved land or any portion thereof or in or in respect of any mineral found thereupon, is, by operation of this subsection, extinguished and deemed never to have existed. (5) Any right, title, interest, benefit or entitlement that might, but for this subsection, vest or otherwise be acquired — (a) under and for the purposes of the Mining Act 1904 5 or the Mining Act 1978; and (b) in or by any person other than — (i) the Company; or (ii) the Joint Venturers or any of them; or (iii) a person acting for or on behalf of the Company or the Joint Venturers or any of them; and (c) in or in respect of the temporarily reserved land or any portion thereof, or in or in respect of or in any mineral found thereupon; and (d) by reason of any act, matter or thing done or commenced before the coming into operation of this Act, or after the coming into operation of this Act but before the relevant date, shall not so vest or be so acquired. (6) In subsection (5) relevant date means — (a) the date of the expiration of a period of 5 years from the coming into operation of this Act; or (b) the termination date, whichever is the earlier. (7) Nothing in subsections (1) to (6), both inclusive, affects any right, title, interest or entitlement of the Crown in right of the State except that a mining tenement shall not be granted to any person under the Mining Act 1904 5 or the Mining Act 1978 in or in respect of any land or mineral if the vesting in that person, or the acquisition otherwise by that person, of any right, title, interest, benefit or entitlement in or in respect of the land or mineral under and for the purposes of either of those Acts is precluded by those subsections. 10. Marking out of certain land, effect of (1) The marking out of any portion of the subject land as a mining tenement for the purposes of the Mining Act 1904 5 — (a) before the coming into operation of this Act; and (b) otherwise than by or on behalf of the Company, shall have no effect and shall be deemed never to have had any effect. (2) The marking out of any portion of the subject land as a mining tenement for the purposes of the Mining Act 1904 5 or the Mining Act 1978 — (a) after the coming into operation of this Act but before the relevant date; and (b) otherwise than by or on behalf of the Company, shall have no effect. (3) In subsection (2) relevant date has the same meaning as it has in section 9(2). (4) The marking out of any portion of the temporarily reserved land as a mining tenement for the purposes of the Mining Act 1904 5 — (a) before the coming into operation of this Act; and (b) otherwise than by or on behalf of the Company, shall have no effect and shall be deemed never to have had any effect. (5) The marking out of any portion of the temporarily reserved land as a mining tenement for the purposes of the Mining Act 1904 5 or the Mining Act 1978 — (a) after the coming into operation of this Act but before the relevant date; and (b) otherwise than by or on behalf of — (i) the Company; or (ii) the Joint Venturers or any of them, shall have no effect. (6) In subsection (5) relevant date has the same meaning as it has in section 9(5). 11. Saving of certain pending applications (1) In this section pending application means an application for the registration of a mining tenement for the purposes of the Mining Act 1904 5 being an application that — (a) relates to a portion of land that is marked out wholly or partly on the temporarily reserved land; and (b) was made by a person other than — (i) the Company; or (ii) the Joint Venturers or any of them, after the creation of the temporary reserve on which the portion of land is marked out but before 9 February 1980; and (c) is pending immediately before the coming into operation of this Act. (2) Nothing in section 9(4), 9(5) or 10(4) prevents — (a) the warden from recommending the approval of a pending application if he is satisfied that the applicant was, at the time of the creation of the temporary reserve on which the portion of land is marked out, carrying out bona fide prospecting operations on that portion of land; or (b) the Minister, in his absolute discretion, from approving a pending application if — (i) the warden has, in accordance with paragraph (a), recommended the approval thereof; and (ii) the Minister is satisfied as to the matter mentioned in paragraph (a); or (c) the registration of a mining tenement that is the subject of a pending application if the Minister has, in accordance with paragraph (b), approved the application, to the extent, and only to the extent, that the portion of land marked out is not within the subject land. 12. Validity of mining lease under Agreement No proceedings shall be taken or maintained in any court to prevent or restrain the grant of a mining lease pursuant to clause 15 of the Agreement and where such a mining lease has been granted — (a) the validity of the mining lease including, without limiting the generality of the foregoing, its validity in respect of any land included therein pursuant to clause 15(6) of the Agreement; and (b) the rights, powers and authorities granted under or by virtue of the mining lease, shall not be liable to be challenged, appealed against, reviewed, quashed, or called into question by or in any proceedings before a court on any ground including, without limiting the generality of the foregoing, the ground — (c) that any land in respect of which the mining lease is granted was not, at the time application was made under clause 15 of the Agreement for the grant of the mining lease, land in respect of which the Company held a mineral claim; or (d) that any land included in the mining lease pursuant to clause 15(6) of the Agreement was not land in respect of which the Company or the Joint Venturers or any of them held mining tenements under the Mining Act 1904 5 or mining leases under the Mining Act 1978. 13. Certain mineral claims and mining tenements continued in force Without limiting or otherwise affecting the application of the Government Agreements Act 1979 to and in relation to the Agreement it is hereby expressly declared — (a) that notwithstanding anything contained in the Mining Act 1904 5 or the Mining Act 1978 the mineral claims mentioned in clauses 16(1) and 19(1) of the Agreement and the mining tenements mentioned in clause 16(3) of the Agreement shall remain in force for the periods respectively provided for in the Agreement; and (b) that except as provided in this Part or in the Agreement the mineral claims and mining tenements referred to in paragraph (a) shall be subject to the Mining Act 1904 5 and shall continue to be subject to that Act after the coming into operation of section 3 of the Mining Act 1978 as though the first‑mentioned Act had not been repealed. Part IV — Security of diamond mining and processing areas 14. Terms used In this Part unless the contrary intention appears — authorised officer means any person acting in the exercise or performance of a power, authority, duty or function conferred or imposed by or under any Act and having a right of entry conferred by or under any Act but does not include a police officer; controlled access point means a place provided and designated in accordance with regulations made under section 29(2)(b) and, where used in relation to an act of a particular kind, means a place so provided and designated for acts of that kind or for acts of that kind and acts of any other kind or kinds; designated area means land that is, or premises that are, for the time being declared to be a designated area pursuant to section 15; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; Owners means the Joint Venturers and each of them and any company formed by the Joint Venturers, or any of them, to manage operations conducted pursuant to the Agreement; police officer means a person appointed under Part I of the Police Act 1892 to be a member of the Police Force of Western Australia; premises means any building or structure or part of a building or structure, and includes any area surrounding such building or structure or part of a building or structure; property includes goods or articles of any kind; security officer means a person who is the holder of a security officer's licence under the Security and Related Activities (Control) Act 1996 and is employed by the Owners or any of them; this Part includes the regulations made under this Part; uncut diamond includes any crushed diamond, diamond dust, diamond fragment or partly cut or partly processed diamond; vehicle has the same meaning as it has in and for the purposes of the Road Traffic Act 1974. [Section 14 amended: No. 27 of 1996 s. 96; No. 22 of 2008 Sch. 3 cl. 19; No. 35 of 2010 s. 62.] 15. Designated areas, declaration of (1) Where it appears to the Governor that the mining, treatment, processing, sorting, storage or cutting of diamonds is being, or is proposed to be, carried out — (a) on any land in the State; or (b) on or within any premises in the State, in the course of operations conducted for the purposes of or incidental to the implementation of the Agreement, the Governor may by Order in Council published in the Gazette declare that land or those premises, as the case may be, to be a designated area for the purposes of this Part. (2) An Order in Council published under subsection (1) — (a) declaring land to be a designated area shall define the boundaries of that land; (b) declaring premises to be a designated area shall describe the boundaries or limits of those premises. (3) The Governor may by Order in Council published in the Gazette amend or revoke any previous Order in Council published under this section. (4) An Order in Council published under this section shall take effect on the day of its publication or on such later day as is specified therein. 16. Unauthorised possession of diamonds in designated areas A person who is within a designated area and who, without lawful authority or excuse, the proof of which lies on him, has an uncut diamond — (a) on his person; or (b) in his possession, or under his control, in any vehicle or other property or in any place, commits an offence and is liable to a fine not exceeding $10 000 or to imprisonment for a term not exceeding 2 years. 17. Entering and leaving designated areas (1) A person shall not — (a) enter or leave a designated area; or (b) drive a vehicle into or out of a designated area; or (c) take or consign any property into or out of a designated area, other than by way of a controlled access point. (2) A security officer may — (a) require a person who is entering or leaving a designated area to stop; and (b) require a person driving a vehicle into or out of a designated area to stop the vehicle; and (c) require a person who is taking or consigning property into or out of a designated area to produce the property to a security officer for examination; and (d) direct a person to — (i) enter or leave a designated area; or (ii) drive a vehicle into or out of a designated area; or (iii) take or consign any property into or out of a designated area, by way of a controlled access point specified by the security officer. (3) A person shall not enter, drive a vehicle into, or take or consign any property into a designated area without the permission of a security officer on duty at a controlled access point. (4) A police officer acting in the course of his duty shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to — (a) produce evidence that he is a police officer; or (b) state the purposes for which he wishes to enter the designated area, to the security officer. (5) An authorised officer shall not be refused permission to enter a designated area unless he fails to comply with a request made by a security officer at a controlled access point to — (a) furnish his name and address; or (b) state and provide evidence of his authority for entering the designated area; or (c) state the purpose for which he wishes to enter the designated area, to the security officer. (6) Subject to subsections (4) and (5) a security officer may refuse permission without giving any reason for that refusal. (7) Without limiting the generality of subsection (6) permission for a person to enter a designated area, other than permission that is required to be granted by subsection (4) or (5), may be withheld by a security officer until the person agrees in writing to abide by such reasonable conditions of entry as the security officer considers necessary for the security of the designated area and of operations, persons and property therein, including, without limiting the generality of the foregoing, a condition that the person will, while within or leaving the designated area, allow a search of himself (other than a search by way of an examination of his body cavities), or a search of any vehicle he is driving or any other property in his possession or under his control, to be carried out by a security officer whenever requested to do so by a security officer. (8) A person who — (a) contravenes subsection (1) or (3); or (b) fails to comply with a requirement imposed pursuant to subsection (2)(a), (2)(b) or (2)(c), commits an offence and is liable to a fine not exceeding $5 000 or to imprisonment for a term not exceeding one year. (9) A person who having been given a direction by a security officer pursuant to subsection (2)(d) — (a) enters or leaves a designated area; or (b) drives a vehicle into or out of a designated area; or (c) takes or consigns any property into or out of a designated area, by way of a controlled access point other than that specified by the security officer commits an offence and is liable to a fine not exceeding $500. (10) In this section permission means permission under and for the purposes of subsection (3). 18. Security officer may direct etc. persons in designated area (1) A security officer may — (a) direct a person entering or within a designated area not to enter or remain within any portion of the designated area specified by the security officer either absolutely or unless he is in the company of security officer; and (b) require a person within a designated area to stop or require a person driving a vehicle within a designated area to stop the vehicle; and (c) require a person within a designated area to furnish his name and address and to state his authority for being within the designated area and the purpose for which he is within the designated area; and (d) give such other direction to, or impose such other requirement on, a person entering or within a designated area, whether that direction or requirement is of a similar kind to those mentioned in paragraphs (a), (b) and (c) or of a different kind, as the security officer considers necessary for the security of the designated area and of operations, persons and property therein. (2) Where — (a) a person within a designated area fails to comply with a direction given or requirement imposed pursuant to subsection (1)(a), (1)(b) or (1)(c) or with any direction given or requirement imposed pursuant to subsection (1)(d) that may lawfully be complied with; or (b) a security officer is not satisfied that a person who has been permitted to enter a designated area has any need to remain therein, a security officer may require the person to leave the designated area forthwith. (3) A person who fails, without lawful authority or excuse, the proof of which lies on him, to comply with a requirement imposed pursuant to subsection (2) commits an offence and is liable to a fine not exceeding $500. 19. Stopping etc. people etc. in or near designated areas Without affecting the liability of any person for an offence against section 17 or 18 a security officer may, using only such force as is reasonably necessary — (a) stop a person who fails to comply with a requirement imposed pursuant to section 17(2)(a) or 18(1)(b) or a vehicle the driver of which fails to comply with a requirement imposed pursuant to section 17(2)(b) or 18(1)(b); and (b) remove from a designated area a person who fails to comply with a requirement imposed pursuant to section 18(2); and (c) remove any vehicle or other property from a designated area; and (d) enter a vehicle for the purpose of removing it pursuant to paragraph (c) or section 20(1)(b). 20. Searching etc. vehicles etc. in designated areas (1) A security officer may search any vehicle or other property in the possession or under the control of a person within a designated area or which is being driven, taken or consigned out of designated area and, for that purpose may — (a) dismantle the property; (b) remove the property to a place of safe custody and detain it there pending search or further search. (2) In subsection (1) property does not include clothing being worn by a person. 21. Detaining and searching people in designated areas (1) Where a person — (a) appears to a security officer to have an uncut diamond on his person, or in his possession or under his control within a designated area without lawful authority or excuse; or (b) is reasonably suspected by a security officer of stealing or concealing an uncut diamond within a designated area; or (c) is found within a designated area without having received permission to enter that designated area under and for the purposes of section 17(3), a security officer may, using only such force as is reasonably necessary, detain that person at a place within the designated area set aside for that purpose in accordance with the regulations, until the arrival of a police officer. (2) Without limiting the generality of subsection (1)(b), where a person who has, at any time before entering a designated area agreed in writing that he will, while within or leaving the designated area, allow a search of himself (other than a search by way of an examination of his body cavities), or a search of any vehicle he is driving or any other property in his possession or under his control, to be carried out by a security officer whenever requested to do so by a security officer fails, when such a request is made, to allow such a search to be carried out, a security officer shall be deemed to have reasonable grounds for suspecting the person of stealing or concealing an uncut diamond. (3) On detaining a person pursuant to subsection (1) a security officer shall forthwith report the detention to the nearest police officer or, if the whereabouts of the nearest police officer is not known, the nearest police station. (4) Subject to subsections (5) and (7) a police officer may search any person who is detained pursuant to this section and any clothing worn by such a person. (5) Subject to subsection (6) a search under subsection (4) shall be carried out by a police officer of the same sex as the person to be searched. (6) Where it is not immediately practicable for subsection (5) to be complied with in relation to a search under subsection (4) a police officer may, subject to subsection (7), cause the search to be carried out, under the direction of a police officer, by a security officer of the same sex as the person who is to be searched or may — (a) detain the person until; or (b) convey or conduct the person to a place where, it is practicable for subsection (5) to be complied with. (7) Subsections (4) and (6) do not authorise a police officer, or a security officer acting under the direction of a police officer, to carry out a search by way of an examination of the body cavities of a person but a police officer may arrange for a medical practitioner nominated by the police officer to examine the body cavities of the person and may — (a) detain the person until the arrival of that medical practitioner; or (b) convey or conduct the person to that medical practitioner. (8) Subject to subsection (9) an examination arranged under subsection (7) shall be carried out in the presence of a police officer of the same sex as the person to be examined. (9) Where it is not immediately practicable for subsection (8) to be complied with in relation to an examination arranged under subsection (7) a police officer may cause the examination to be carried out in the presence of a security officer of the same sex as the person to be examined or may — (a) detain the person until; or (b) convey or conduct the person to a place where, it is practicable for subsection (8) to be complied with. (10) A medical practitioner is hereby authorised to carry out an examination of the body cavities of a person arranged by a police officer under subsection (7) and no action shall lie against the medical practitioner in respect of anything reasonably done by him for the purposes of the examination. (11) A police officer may use such force as is reasonably necessary, and may call on such assistance as he considers necessary, in order to — (a) detain a person under this section; or (b) carry out a search under this section; or (c) facilitate the carrying out of a search caused by him or an examination arranged by him under this section. (12) A person who — (a) resists detention under this section; or (b) escapes or attempts to escape — (i) from a place at which he is being detained under this section; or (ii) from a police officer who is conveying or conducting him under subsection (6)(b), (7)(b) or (9)(b); or (c) obstructs or hinders a police officer or a security officer in the carrying out of a search of that person, or clothing worn by that person, under subsection (4) or (6); or (d) obstructs or hinders a medical practitioner in the carrying out of any examination of that person under subsection (7), commits an offence and is liable to a fine not exceeding $10 000 or to imprisonment for a term not exceeding 2 years. 22. Emergency action excepted from s. 17 to 20 and 21(1)(c) Sections 17 to 20, both inclusive, and section 21(1)(c) do not apply to or in relation to a police officer or authorised officer acting lawfully in an emergency. 23. Powers of police under s. 21 additional to others The powers conferred on a police officer by section 21 are in addition to any other powers that a police officer has apart from this Act and nothing in this Part shall be construed as limiting or otherwise affecting the powers and duties that a police officer may exercise and perform within or in respect of a designated area. 24. Evidentiary provisions In any prosecution under this Part an averment in the prosecution notice — (a) that the place at or in respect of which a contravention of this Part is alleged to have occurred was, or was within, a designated area; or (b) that a place was a controlled access point for a specified purpose; or (c) that a person was at a material time a security officer, shall be deemed to be proved in the absence of proof to the contrary. [Section 24 amended: No. 84 of 2004 s. 79.] 25. Restitution order for diamonds on conviction Notwithstanding any law or any other Act, upon the conviction of any person for an offence against this or any other Act committed within a designated area and involving the stealing, receiving or possession of uncut diamonds the court shall order the uncut diamonds to be delivered to the Owners. 26. Security and Related Activities (Control) Act 1996 to apply The provisions of the Security and Related Activities (Control) Act 1996 that are applicable to a security officer licensed under that Act shall apply to and in relation to a security officer. [Section 26 inserted: No. 27 of 1996 s. 96.] 27. Offences under other Acts not excluded Subject to section 17 of The Criminal Code and section 11 of the Sentencing Act 1995, nothing in this Part affects the liability of any person to be prosecuted and punished for an offence under any other written law. [Section 27 amended: No. 78 of 1995 s. 33; No. 84 of 2004 s. 78.] 28. Protection from liability for security officers etc. A security officer or police officer who duly exercises any power conferred by this Part in relation to a person shall not, by reason of exercise of the power, be liable for any offence of obstructing or hindering a person in the exercise of a power, or the performance of a function or duty, under any Act or law. 29. Regulations (1) The Governor may make regulations prescribing all matters that are necessary or convenient to be prescribed for giving effect to the purposes of this Part. (2) Without limiting the generality of subsection (1) regulations may be made under this section — (a) requiring the Owners to erect and maintain fences, walls and other physical barriers around a designated area in accordance with the regulations; (b) requiring the Owners to provide and designate places, in accordance with the regulations, for — (i) the entry of persons to a designated area; or (ii) the egress of persons from a designated area; or (iii) the driving of vehicles into a designated area; or (iv) the driving of vehicles out of a designated area; or (v) the taking or consignment of property into a designated area; or (vi) the taking or consignment of property out of a designated area; or (vii) any 2 or more of the purposes referred to in the preceding subparagraphs; (c) requiring the Owners to erect and maintain notices and signs at or near the perimeter of a designated area in accordance with the regulations; (d) prohibiting the damaging, defacing, removal or destruction of fences, barriers, signs and notices erected pursuant to the regulations; (e) regulating the detention of persons under this Part and in particular requiring the setting aside of places within designated areas for the detention of persons; (f) regulating the carrying out of searches and examinations of persons under this Part; (g) regulating the custody of, and carrying out of searches of, vehicles and other property under this Part; (h) prohibiting or regulating search by X‑ray apparatus; (i) prohibiting persons from obstructing, hindering or interfering with a security officer acting under the authority of this Part; (j) providing that contravention of or failure to comply with a regulation constitutes an offence and providing penalties not exceeding a fine of $500 for offences against the regulations. (3) Regulations may be made under this section — (a) so as to apply — (i) generally or in a particular class of case or in particular classes of cases; and (ii) at all times or at a specified time or at specified times; and (iii) to all designated areas or to a specified designated area or specified designated areas; and (b) so as to require a matter affected by them to be — (i) in accordance with a specified standard or specified requirement; or (ii) as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body; and (c) so as to confer on a specified person or body or a specified class of person or body a discretionary authority. (4) In subsection (3) specified means specified in the regulations. [Section 29 amended: No. 12 of 1983 s. 6.] Schedules Schedule 1 — Mineral claims [s. 7] [Heading amended: No. 19 of 2010 s. 4.] MC 80/6792, MC 80/6793, MC 80/6794, MC 80/6795, MC 80/6796, MC 80/6797, MC 80/6798, MC 80/6799, MC 80/6800, MC 80/6801, MC 80/6802, MC 80/6803, MC 80/6804, MC 80/6805, MC 80/6806, MC 80/6807, MC 80/6808, MC 80/6809, MC 80/6810, MC 80/6811, MC 80/6812, MC 80/6813, MC 80/6814, MC 80/6815, MC 80/6816, MC 80/6817, MC 80/6818, MC 80/6819, MC 80/6820, MC 80/6821, MC 80/6825, MC 80/6826, MC 80/6827, MC 80/6828, MC 80/6829, MC 80/6832, MC 80/6833, MC 80/6853, MC 80/6858, MC 80/6859, MC 80/6860, MC 80/6861, MC 80/6862, MC 80/6863, MC 80/6864, MC 80/6865, MC 80/6866, MC 80/6867, MC 80/6868, MC 80/7856, MC 80/7857, MC 80/10261, MC 80/10262, MC 80/10263, MC 80/10264, MC 80/10265, MC 80/10266, MC 80/10267, MC 80/10268, MC 80/10275, MC 80/10276, MC 80/10277, MC 80/10278, MC 80/10376, MC 80/10377, MC 80/10378, MC 80/10379, MC 80/10380, MC 80/10381, MC 80/10382, MC 80/10383, MC 80/10384, MC 80/10385, MC 80/10386, MC 80/10387, MC 80/10388, MC 80/10389, MC 80/10390, MC 80/10391, MC 80/10392, MC 80/10393, MC 80/10394, MC 80/10395, MC 80/10396, MC 80/10397, MC 80/10398, MC 80/10399, MC 80/10400, MC 80/10401, MC 80/10402, MC 80/10403, MC 80/10404, MC 80/10405, MC 80/10406, MC 80/10407, MC 80/10408, MC 80/10409, MC 80/10410, MC 80/10411, MC 80/10412, MC 80/10413, MC 80/10414, MC 80/10487, MC 80/10489, MC 80/10490, MC 80/10491, MC 80/10492, MC 80/10493, MC 80/10494, MC 80/10495, MC 80/10496, MC 80/10497, MC 80/10498, MC 80/10499, MC 80/10500. Schedule 2 — Diamond (Argyle Diamond Mines Joint Venture) Agreement [s. 2] [Heading amended: No. 19 of 2010 s. 4.] THIS AGREEMENT made this 17th day of November, 1981, BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, K.C.M.G., O.B.E., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the first part CRA EXPLORATION PTY. LIMITED a company incorporated in the State of New South Wales and having its principal place of business in the State of Western Australia at 21 Wynyard Street, Belmont, (hereinafter called "CRAE") ASHTON MINING LIMITED a company incorporated in the State of Victoria and having its principal place of business in the State of Western Australia at 6th Floor, 189 St. George's Terrace, Perth, TANAUST PROPRIETARY LIMITED a company incorporated in the State of Victoria and having its principal place of business in the State of Western Australia at 2nd Floor, Cecil Building, 6 Sherwood Court, Perth, A.O. (AUSTRALIA) PTY. LIMITED a company incorporated in the State of New South Wales and having its principal place of business in the State of Western Australia at 6th Floor, 189 St. George's Terrace, Perth and NORTHERN MINING CORPORATION N.L. a company incorporated in the State of Victoria and having its principal place of business in the State of Western Australia at Homeric House, 442 Murray Street, Perth (the said CRAE, Ashton Mining Limited, Tanaust Proprietary Limited, A.O. (Australia) Pty. Limited and Northern Mining Corporation N.L. being hereinafter collectively called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns and appointees) of the second part and CRA Limited a company incorporated in the State of Victoria and having its principal place of business in the State of Western Australia at 191 St. George's Terrace, Perth, (hereinafter called "the Guarantor") of the third part. W H E R E A S: (a) the Joint Venturers have established the existence of diamond bearing ore bodies (including kimberlite pipes and alluvial deposits) within the Argyle mining area and the Ellendale mining area defined in Clause 1 and have carried out certain investigations relating inter alia to the mining and treatment of that ore and the sale of diamonds; (b) the Joint Venturers intend to mine such ore bodies and recover and market diamonds and investigate the economic feasibility of and promote the processing of diamonds in the said State; (c) the Joint Venturers intend to provide such facilities and services as may be necessary for their operations under this Agreement and for the accommodation and welfare of their workforce at or in the vicinity of the said mining areas or elsewhere within the Kimberley region. NOW THIS AGREEMENT WITNESSETH: Definitions 6 1. In this Agreement subject to the context — "advise", "apply", "approve", "approval", "consent", "certify", "direct", "notify", "request", or "require", means advise, apply, approve, approval, consent, certify, direct, 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; "approved proposal" means any proposal approved under this Agreement; "Argyle mining area" means the area defined as "the temporarily reserved land" in the Bill referred to in Clause 3 which area is for the purposes of identification coloured red on the plan marked "A" (initialled by or on behalf of the parties hereto for the purposes of identification) (hereinafter called "the red area") and the area defined as "the subject land" in the said Bill which area is for the purposes of identification coloured blue on the said plan (hereinafter called "the blue area"); "associated company" means — (a) any company or corporation having a paid up capital of not less than $2,000,000 which is incorporated or formed within the United Kingdom the United States of America or Australia or such other country as the Minister may approve 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 or some other company or corporation acceptable to the Minister hold not less than a 25% interest or some lesser interest acceptable to the Minister; or (ii) is related within the meaning of that term as used in section 6 of the Companies Act 1961, to one or more of the Joint Venturers or to any company or corporation in which the Joint Venturers or any of them or some other company or corporation acceptable to the Minister hold not less than 25% of the issued ordinary share capital; and (iii) is notified to the Minister by the Joint Venturers or any of them as being such a company; (b) any company or corporation approved in writing by the Minister. "Clause" means a clause of this Agreement; "commencement date" means the date the Bill referred to in Clause 3 comes into operation as an Act; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "Ellendale mining area" means the area bordered green on the plan marked "B" (initialled by or on behalf of the parties hereto for the purposes of identification); "Land Act" means the Land Act 1933; "local authority" means the council of a municipality that is a city, town or shire constituted under the Local Government Act 1960; "Mining Act 1904" means (unless the context otherwise requires) the Mining Act 1904 and the amendments thereto and the regulations made thereunder as in force on 31st December, 1981; "Mining Act 1978" means the Mining Act 1978; "mining leases" subject to the context means the mining lease or mining leases granted pursuant to Clauses 15 and 18 and includes any renewal thereof and according to the requirements of the context shall describe the area of land demised as well as the instrument by which it is demised and any area or areas added thereto pursuant to the provisions of Clause 15; "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 passing of that Act means the Minister for the time being designated in a notice from the State to the Joint Venturers and includes the successors in office of the Minister; "Minister for Mines" means the Minister in the Government of the State for the time being responsible for the administration of the Mining Act 1904 or the Mining Act 1978; "month" means calendar month; "notice" means notice in writing; "ore" means any rock soil or alluvium bearing diamonds mined from mining leases granted pursuant to this Agreement; "person" or "persons" includes bodies corporate; "private road" means a road (not being a public road) which is either constructed by the Joint Venturers in accordance with their proposals as approved by the Minister hereunder or agreed by the parties to be a private road for the purposes of this Agreement; "public road" means a road as defined by the Road Traffic Act 1974; "relevant town" in relation to the Argyle mining area means the town or towns to be developed in the Kimberley region with the approval of the State by the Joint Venturers as the principal housing area for their mine workforce serving the Argyle mining area and in relation to the Ellendale mining area means the town or towns to be developed in the Kimberley region with the approval of the State by the Joint Venturers as the principal housing area for their mine workforce associated with the Ellendale mining area and may in either case with the approval of the State include an existing town; "relevant townsite" means the site on which the relevant town is or is to be situated; "said State" means the State of Western Australia; "sorting" means the classification of diamonds after any necessary cleaning into categories in relation to their size, shape, colour or value and "sorted" has a corresponding meaning; "State Energy Commission" means The State Energy Commission of Western Australia as described in section 7 of the State Energy Commission Act 1979; "this Agreement" "hereof" and "hereunder" refer to this Agreement whether in its original form or as from time to time added to varied or amended. Interpretation 6 2. In this Agreement — (a) monetary references are references to Australian currency unless otherwise specifically expressed; (b) power given under any clause other than Clause 40 to extend any period or date shall be without prejudice to the power of the Minister under Clause 40; (c) marginal notes do not affect the interpretation or construction 6; and (d) reference to an Act (other than the Mining Act 1904) 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. Initial obligations of the State 6 3. The State shall — (a) introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to 31st December, 1981; and (b) to the extent reasonably necessary for the purposes of this Agreement allow the Joint Venturers to enter upon Crown Lands (including, if applicable, land the subject of a pastoral lease). Ratification and operation 6 4. (1) The provisions of this Agreement other than this Clause and Clauses 1, 2 and 3 shall not come into operation until the Bill referred to in Clause 3 has been passed by the Parliament of Western Australia and comes into operation as an Act. (2) If before 31st December, 1981 the said Bill has not commenced to operate as an Act then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement. (3) On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law. Initial obligations of the Joint Venturers 6 5. (1) The Joint Venturers shall continue their field and office engineering, environmental, market and finance studies and other matters necessary to enable them to finalise and to submit to the Minister the detailed proposals referred to in Clause 7 and their proposed marketing arrangements pursuant to Clause 6. (2) The Joint Venturer shall keep the State fully informed in writing quarterly as to the progress and results of their operations under subclause (1) of this Clause. The first quarterly report shall be lodged during the month of April, 1982 and shall be in respect of the quarter ending on the last day of March, 1982 and thereafter the quarterly reports shall be in respect of the quarter ending on the last day of the month preceding the month in which they are lodged. (3) The Joint Venturers shall co-operate with the State and consult with the representatives or officers of the State regarding matters referred to in subclause (1) of this Clause and any other relevant studies in relation to that subclause that the Minister may wish to undertake; Marketing arrangements 6 6. (1) Prior to or at the time of the submission of the proposals required pursuant to subclause 1(A) of Clause 7 the Joint Venturers shall also submit to the Minister for his approval their proposed arrangements for the marketing of diamonds to be produced pursuant to this Agreement. (2) The Minister shall within 2 months after receipt of any such submission notify the Joint Venturers of his approval or otherwise of the proposed arrangements. (3) In the event that the Minister does not approve the said submission (which approval shall not be unreasonably withheld) the Minister shall give reasons and shall afford the Joint Venturers full opportunity to consult with him and should they so desire to submit new or revised arrangements for his approval. (4) The Minister's determination in respect of any submission by the Joint Venturers pursuant to this Clause shall be final and shall not be referable to arbitration hereunder. (5) The Joint Venturers shall submit a report to the Minister at half yearly intervals unless the Minister otherwise requires commencing from the date the said proposed arrangements are approved concerning their implementation of those arrangements. (6) If the Joint Venturers at any time during the continuance of this Agreement desire to significantly modify, expand or otherwise vary the approved marketing arrangements, they shall inform the Minister and submit their revised marketing arrangements for his approval pursuant to this Clause. Joint Venturers to submit proposals for the Argyle mining area 6 7. (1) The Joint Venturers shall, subject to the provisions of this Agreement, submit to the Minister to the fullest extent reasonably practicable their detailed proposals — (A) on or before 31st December, 1982 for the mining and recovery of diamonds from not less than 500,000 tonnes per annum of diamond bearing alluvium from the Argyle mining area to commence not later than 6 months from the date of approval of such proposals; and (B) on or before 31st December, 1983 for the mining and recovery of diamonds from not less than 2 million tonnes per annum of kimberlite ore from the Argyle mining area such plant to be in operation not later that 31st December, 1986 which proposals shall include plans where practicable and specifications where reasonably required by the Minister and shall make provision where appropriate for the necessary workforce and associated population required to enable the Joint Ventures to mine and recover diamonds from ore from the area the subject of the proposals and shall include the location, area, lay‑out, design, quantities, materials and time programme for the commencement completion of construction or the provision (as the case may be) of each of the following matters, namely — (a) the mining and recovery of diamonds from ore including plant facilities and security measures; (b) roads; (c) relevant townsite and relevant town including housing, provision of utilities and services and associated facilities including, subject to the provisions of Clause 26, transitional arrangements; (d) water supply; (e) power supply; (f) airstrip in or adjacent to the mining areas and other airport facilities and services; (g) any other works, services or facilities desired by the Joint Venturers; (h) use of local professional services labour and materials and measures to be taken with respect to the engagement and training of employees by the Joint Venturers, their agents and contractors; (i) any leases (other than mining leases), licences or other tenures of land required from the State; and (j) an environmental management programme as to measures to be taken, in respect of the Joint Venturers' activities under this Agreement, for the protection and management of the environment. Order of proposals 6 (2) Each of the proposals pursuant to subclause (1) of this Clause may with the approval of the Minister or if so required by him be submitted separately and in any order as to the matter or matters mentioned in one or more of paragraphs (a) to (j) of subclause (1) of this Clause. Use of existing infrastructure 6 (3) Each of the proposals pursuant to subclause (1) of this Clause may with the approval of the Minister and that of any third parties concerned instead of providing for the construction of new facilities of the kind therein mentioned provide for the use by the Joint Venturers of any existing facilities of such kind belonging to the Joint Venturers or upon reasonable terms and conditions of any other existing facilities of such kind. Financial arrangements 6 (4) At the time when the Joint Venturers submit each of the proposals pursuant to subclause (1) of this Clause they shall furnish to the State's satisfaction evidence of — (a) the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and (b) the readiness of the Joint Venturers to embark upon and proceed to carry out the operations referred to in the said proposals. Consideration of proposals 6 8. (1) On receipt of each of the proposals pursuant to subclause (1) of Clause 7 the Minister shall — (a) approve of the said proposals either wholly or in part without qualification or reservation; or (b) defer consideration of or decision upon the same until such time as the Joint Venturers submit a further proposal or proposals in respect of some other of the matters mentioned in subclause (1) of Clause 7 not covered by the said proposals; or (c) require as a condition precedent to the giving of his approval to the said proposals that the Joint Venturers make such alteration there to or comply with such conditions in respect thereto as he (having regard to the circumstances including the overall development of and the use by others as well as the Joint Venturers of all or any of the facilities proposed to be provided) thinks reasonable and in such a case the Minister shall disclose his reasons for such conditions. Advice of Minister's decision 6 (2) The Minister shall within two months after receipt of each of the said proposals pursuant to subclause (1) of this Clause give notice to the Joint Venturers of his decision in respect to the same. Consultation with Minister 6 (3) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) of this Clause the Minister shall afford the Joint Venturers full opportunity to consult with him and should they so desire to submit new or revised proposals either generally or in respect to some particular matter. Minister's decision subject to arbitration 6 (4) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) of this Clause and the Joint Venturers consider that the decision is unreasonable the Joint Venturers within two months after receipt of the notice mentioned in subclause (2) of this Clause may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the decision. Arbitration award 6 (5) An award made on an arbitration pursuant to subclause (4) of this Clause shall have force and effect as follows — (i) if by the award the dispute is decided against the Joint Venturers then unless the Joint Venturers within 3 months after delivery of the award give notice to the Minister of their acceptance of the award this Agreement shall on the expiration of that period of 3 months cease and determine; or (ii) if by the award the dispute is decided in favour of the Joint Venturers the decision shall take effect as a notice by the Minister that he is so satisfied with and approves the matter or matters the subject of the arbitration. Effect of non‑approval of proposals 6 (6) Notwithstanding that under subclause (1) of this Clause any detailed proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by — (i) 31st December, 1983 in respect of the proposals made pursuant to paragraph (A) of subclause (1) of Clause 7; and (ii) 31st December, 1984 in respect of the proposals made pursuant to paragraph (B) of subclause (1) of Clause 7 or in each case by such extended date or period if any as the Joint Venturers shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Joint Venturers 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 42. Implementation of proposals 6 (7) The Joint Venturers shall implement the approved proposals in accordance with the terms thereof.