Mineral Sands (Cooljarloo) Mining and Processing Agreement Act 1988 (WA)

Western Australia Mineral Sands (Cooljarloo) Mining and Processing Agreement Act 1988 Western Australia Mineral Sands (Cooljarloo) Mining and Processing Agreement Act 1988 Contents 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. Ratification and authorisation 2 Schedule 1 — Mineral Sands (Cooljarloo) Mining and Processing Agreement Schedule 2 — 2017 variation agreement Notes Compilation table 48 Defined terms Western Australia Mineral Sands (Cooljarloo) Mining and Processing Agreement Act 1988 An Act to ratify an agreement on behalf of the State with Yalgoo Minerals Pty. Ltd. and KMCC Western Australia Pty. Ltd. and TIO2 Corporation N.L. and Kerr‑McGee Chemical Corporation with respect to the mining of mineral sands and the construction and operation of a synthetic rutile plant and a titanium dioxide pigment plant. 1. Short title This Act may be cited as the Mineral Sands (Cooljarloo) Mining and Processing Agreement Act 1988 1. 2. Commencement This Act shall come into operation on the day on which it receives the Royal Assent 1. 3. Interpretation In this Act unless the contrary intention appears — 2017 variation agreement means the agreement a copy of which is set out in Schedule 2; the Agreement means the agreement a copy of which is set out in Schedule 1 and, except in section 4(1), includes that agreement as varied from time to time in accordance with its provisions and by the 2017 variation agreement. [Section 3 amended: No. 14 of 2017 s. 4.] 4. Ratification and authorisation (1) The Agreement is hereby ratified. (1A) The 2017 variation agreement is ratified. (2) The implementation of the Agreement is authorised. (3) Without affecting the Government Agreements Act 1979, the Agreement has effect notwithstanding any other Act or law. [Section 4 amended: No. 14 of 2017 s. 5.] Schedule 1 — Mineral Sands (Cooljarloo) Mining and Processing Agreement [s. 3] [Heading amended: No. 19 of 2010 s. 4; No 14 of 2017 s. 6.] THIS AGREEMENT is made this 8th day of November 1988 BETWEEN THE HONOURABLE PETER M'CALLUM DOWDING, LL.B., 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 YALGOO MINERALS PTY. LTD. a company incorporated in Western Australia and having its registered office at 4th Level, 1050 Hay Street, West Perth and KMCC WESTERN AUSTRALIA PTY. LTD. a company incorporated in Western Australia and having its registered office at care of Robox Nominees Pty. Ltd., 35th Floor, R & I Tower, 108 St. George's Terrace, Perth (hereinafter called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns) of the second part and TIO2 CORPORATION NL a company incorporated in Western Australia and having its registered office at 4th Level, 1050 Hay Street, West Perth and KERR‑McGEE CHEMICAL CORPORATION a company incorporated in the State of Delaware in the United States of America and having its principal place of business at Kerr‑McGee Center, Oklahoma City, Oklahoma, United States of America (hereinafter called "the Guarantors") of the third part. WHEREAS: (a) the Joint Venturers have established the existence of a heavy mineral sands ore body within the mining areas as hereinafter defined and desire to mine the ore body and to process the ore at a dry processing plant to be established by the Joint Venturers near Muchea; (b) the Joint Venturers also desire to construct and operate a synthetic rutile plant adjacent to the dry processing plant near Muchea and a titanium dioxide pigment plant at Kwinana; (c) the Joint Venturers intend to provide such facilities and services as may be necessary for their activities under this Agreement and for the accommodation and welfare of their workforce; (d) KMCC and Tific (hereinafter defined) have agreed to enter into a Joint Venture relating to the exploration of the Jurien tenements (hereinafter defined); and (e) the State for the purpose of promoting employment opportunity and development within Western Australia has agreed to assist the Joint Venturers upon and subject to the terms of this Agreement. NOW THIS AGREEMENT WITNESSES: Definitions 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 project" means the project relating to the mining of heavy mineral sands within the mining areas and the establishment of a dry processing plant at Muchea as described in the bound volume entitled "Project Description" initialled by or on behalf of the Minister and the Joint Venturers for the purpose of identification; "approved proposal" means a proposal approved or determined under this Agreement; "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; "Commissioner of Main Roads" means the Commissioner of Main Roads appointed under the Main Roads Act 1930; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "EP Act" means the Environmental Protection Act 1986; "heavy minerals" means titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet resulting from the separation of heavy mineral concentrates; "heavy mineral concentrates" means heavy mineral ore concentrated prior to separation into component heavy minerals; "heavy mineral ore" means any rock soil or sand bearing heavy minerals mined from the Mining Lease; "Joint Venturers' workforce" means the persons (and the dependants of those persons) connected directly with the Joint Venturers' activities under this Agreement, whether or not such persons are employed by the Joint Venturers; "Jurien Mining Lease" means the Mining Lease granted pursuant to Clause 6 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; "Jurien tenements" means Exploration Licence 70/153 and includes any mining lease or mining leases granted to Tific or to Tific and KMCC in respect of the land the subject of that Exploration Licence; "KMCC" means the said KMCC Western Australia Pty. Ltd.; "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" means the Mining Act 1978; "mining areas" means the areas coloured green and red on the plan marked "A" (initialled by or on behalf of the parties hereto for the purpose of identification); "Mining Lease" means the Mining Lease granted pursuant to Clause 5 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; "Minister" means the Minister in the Government of the State for the time being responsible 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; "month" means calendar month; "notice" means notice in writing; "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 the approved project or an approved proposal 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; "Railways Commission" means the Western Australian Government Railways Commission established pursuant to the Government Railways Act 1904; "said State" means the State of Western Australia; "State Energy Commission" means the State Energy Commission of Western Australia as described in section 7 of the State Energy Commission Act 1979; "subclause" means subclause of the Clause in which the term is used; "synthetic rutile" means upgraded ilmenite containing an average titanium dioxide (TiO2) content of not less than 90%; "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; "Tific" means Tific Pty. Ltd. a company incorporated in Western Australia and having its registered office at 4th Level, 1050 Hay Street, West Perth. Interpretation 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 24 to extend any period or date shall be without prejudice to the power of the Minister under Clause 24; (c) clause headings do not affect the interpretation or construction; (d) words in the singular shall include the plural and words in the plural shall include the singular according to the requirements of the context; (e) 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 any regulations and by laws for the time being in force thereunder; and (f) any convenant or agreement on the part of the Joint Venturers under this Agreement shall be deemed to be a joint and several covenant or agreement as the case may be. Ratification and operation 3. (1) The State shall 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 15 December 1988 or such later date as the parties may agree. (2) The provisions of this Agreement other than this Clause and Clauses 1 and 2 shall not come into operation until the Bill referred to in subclause (1) has been passed by the Parliament of Western Australia and comes into operation as an Act. (3) If before 15 December 1988 or such later date as aforesaid 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. (4) 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. Implementation of approved project 4. The Joint Venturers shall subject to and in accordance with this Agreement and the EP Act and any approvals and licences required under that Act implement the approved project in accordance with the terms thereof. Mining Lease 5. (1) Notwithstanding the provisions of the Mining Act on application made to the Minister for Mines by the Joint Venturers, not later than 3 months after the commencement date, for a Mining Lease over so much of the mining areas as they desire and in respect of which the Joint Venturers or either of them then hold mining leases or other mining tenements the State shall upon the surrender of all mining leases and other mining tenements held by the Joint Venturers or either of them in respect of land within the mining areas cause to be granted to the Joint Venturers a Mining Lease of the land so applied for such Mining Lease to be granted under and, except as otherwise provided in this Agreement subject to the Mining Act but in the form of the Schedule hereto and subject to such of the conditions of the surrendered mining leases and mining tenements as the Minister for Mines determines and such other conditions as the Minister for Mines may impose pursuant to section 84 of the Mining Act. (2) Subject to the performance by the Joint Venturers of their obligations under this Agreement and the Mining Act and notwithstanding any provisions of the Mining Act to the contrary the term of the Mining Lease shall be for a period of 21 years commencing from the date of receipt of the application therefor under subclause (1) with a right to an extension pursuant to subclause (2) of Clause 35 but otherwise there shall be no right for any renewal of the said term or any extension thereof. (3) The State shall ensure that during the currency of this Agreement and subject to compliance with their obligations hereunder the Joint Venturers shall not be required to comply with the expenditure conditions imposed by or under the Mining Act in regard to the Mining Lease. (4) The Joint Venturers shall at all times permit the State and third parties with the consent of the State (with or without stock, vehicles and rolling stock) to have access to and to pass over the Mining Lease (by separate route, road or railway) so long as that access and passage does not unduly prejudice or interfere with the operations of the Joint Venturers under this Agreement PROVIDED THAT the provisions of this subclause shall not apply to privately owned land in the Mining Lease. (5) The Joint Venturers shall not mine any land within the area coloured red on the said plan marked "A" until proposals relating to the establishment of a titanium dioxide pigment plant at Kwinana shall have been approved or determined pursuant to Clause 10. (6) Notwithstanding the provisions of this Clause the Joint Venturers may from time to time with the approval of the Minister for Mines subject to survey if required by the Minister for Mines at the Joint Venturers' expense, surrender to the State all or any portion or portions (of reasonable size and shape) of the Mining Lease (with abatement of future rent in respect to the area surrendered) provided however that such portion or portions have been rehabilitated and/or restored in accordance with the approved project or approved proposals as the case may be and any condition relating thereto applicable pursuant to the Mining Lease in manner acceptable to the Minister for Mines. (7) Notwithstanding the provisions of the Mining Act the Joint Venturers may from time to time during the currency of this Agreement apply to the Minister for areas held by the Joint Venturers under an exploration licence or mining lease granted under the Mining Act to be included in the Mining Lease. The Minister shall confer with the Minister for Mines in regard to any such application and if they approve the application the Minister for Mines shall upon the surrender of the relevant mining tenement include the area the subject thereof in the Mining Lease subject to such of the conditions of the surrendered mining tenement as the Minister for Mines determines. In respect of any such land: (a) the land shall in addition to any conditions so determined by the Minister for Mines be subject to the same terms covenants and conditions as apply to the Mining Lease; (b) the Minister for Mines may make such apportionment of rents as may be necessary in connection therewith; (c) the land may be included notwithstanding that the survey of the land has not been completed but subject to correction to accord with the survey when completed at the Joint Venturers' expense. Jurien tenements 6. (1) If KMCC and Tific decide to undertake commercial mining in respect of the Jurien tenements and give written notice to the Minister informing him of that decision the following provisions shall apply: (a) subject to paragraph (d) below, the Minister for Mines notwithstanding the Mining Act shall on application by KMCC and Tific and upon surrender of the Jurien tenements cause to be granted to KMCC and Tific the Jurien Mining Lease in respect of the land within the Jurien tenements so applied for, such Jurien Mining Lease to be granted under and, except as otherwise provided in this Agreement subject to the Mining Act but in the form (mutatis mutandis) of the Schedule hereto and subject to such of the conditions of the Jurien tenements as the Minister for Mines determines and such other conditions as the Minister for Mines may impose pursuant to section 84 of the Mining Act; (b) the term of the Jurien Mining Lease shall be a period expiring on the day of expiration of the initial term of the Mining Lease; (c) all of the provisions in this Agreement shall apply mutatis mutandis with respect to the Jurien Mining Lease including, without limiting the generality of the foregoing, the rights of renewal contained in Clause 35; and (d) Tific shall execute in favour of the State (unless the Minister otherwise determines) a deed of covenant in a form to be approved by the Minister to comply with, observe and perform the provisions of this Agreement on the part of the Joint Venturers insofar as those provisions relate mutatis mutandis to the Jurien Mining Lease. Royalties 7. (1) The Joint Venturers shall pay to the State in respect of all minerals mined or produced by the Joint Venturers from the Mining Lease and used, sold, transferred or otherwise disposed of by them royalties at the rates from time to time prescribed under or pursuant to the provisions of the Mining Act. (2) The Joint Venturers shall — (a) comply with the provisions of the Mining Act and regulations thereunder with respect to the filing of production reports and royalty returns and the assessment, verification and payment of royalties; (b) promptly report in writing to the Minister for Mines details of all minerals of economic significance discovered in, on or under the lands the subject of the Mining Lease; (c) lodge with the Department of Mines at Perth such periodical reports and returns as may be prescribed in respect of the Mining Lease pursuant to regulations under the Mining Act; and (d) as and when required by the Minister for Mines from time to time install and thereafter maintain in good working order and condition meters for measuring movements of minerals mined and minerals produced of such design or designs and at such places as the Minister for Mines may require. Synthetic rutile plant 8. (1) The Joint Venturers shall on or before 31 December 1988 (or by such extended date as the Minister may allow as hereinafter provided) and subject to the EPA Act and the provisions of this Agreement submit to the Minister to the fullest extent reasonably practicable their detailed proposals (including plans where practicable and specifications where reasonably required by the Minister) with respect to the establishment and operation of a synthetic rutile plant at Muchea to process ilmenite from the mining areas and having a production capacity of not less than 130 000 tonnes of synthetic rutile per annum which proposals shall make provision for the Joint Venturers' workforce required in connection with the plant and shall include the location, area, layout, design, quantities, materials and time programme for the commencement and completion of construction or the provision (as the case may be) of the said plant and of each of the following matters, namely — (a) the mining and concentration of heavy mineral ore and the separation of heavy mineral concentrates into heavy minerals and the transport of heavy minerals to and the processing thereof in the plant and the transport of bulk materials and commodities to the plant; (b) roads; (c) housing and accommodation for the Joint Venturers' workforce and the provision of utilities and services and associated facilities in connection herewith; (d) water supplies; (e) energy supplies; (f) railways; (g) 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; (h) 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. (2) The provisions of Clause 23 shall not apply to subclause (1). (3) Each of the proposals pursuant to subclause (1) 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 (h) of subclause (1). (4) At the time when the Joint Venturers submit the said proposals they shall — (a) submit to the Minister details of any services (including any elements of the project investigations design and management) and any works materials plant equipment and supplies that they propose to consider obtaining from or having carried out or permitting to be obtained from or carried out outside Australia together with their reasons therefor and shall, if required by the Minister, consult with the Minister with respect thereto; and (b) furnish to the Minister's satisfaction evidence of — (i) marketing arrangements demonstrating the Joint Venturers' ability profitably to sell or use heavy mineral products in accordance with the said proposals; (ii) the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and (iii) 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 9. (1) Subject to the EP Act, in respect of proposals pursuant to subclause (1) of Clause 8 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 8 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 thereto 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, PROVIDED ALWAYS that where implementation of any proposals hereunder has been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this Clause shall if the case so requires incorporate a requirement that the Joint Venturers make such alterations to the proposals as may be necessary to make them accord with those conditions or procedures. (2) The Minister shall within two months after receipt of the said proposals pursuant to subclause (1) of Clause 8 or where the said proposals are to be assessed under section 40(1)(b) of the EP Act then within two months after service on him of an authority under section 45(7) of the EP Act give notice to the Joint Venturers of his decision in respect to the said proposals. (3) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) 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. (4) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) 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) may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the decision PROVIDED THAT any requirement of the Minister pursuant to the proviso to subclause (1) shall not be referable to arbitration hereunder. (5) Subject to and in accordance with the EP Act and any approvals and licences required under that Act the Joint Venturers shall implement the proposals as approved or determined pursuant to this Clause in accordance with the terms thereof. Titanium dioxide pigment plant 10. (1) The Joint Venturers shall on or before 30 June 1989 (or by such extended date as the Minister may allow as hereinafter provided) and subject to the provisions of this Agreement submit to the Minister to the fullest extent reasonably practicable their detailed proposals (including plans where practicable and specifications where reasonably required by the Minister) with respect to the establishment and operation of a titanium dioxide pigment plant at Kwinana to process heavy mineral products and having a production capacity of not less than 54,000 tonnes of titanium dioxide pigment per annum which proposals shall make provision for the Joint Venturers' workforce required in connection herewith and shall include the location, area, lay‑out, design, quantities, materials and time programme for the commencement and completion of construction or the provision (as the case may be) of the said pigment plant and such of the matters mentioned in paragraphs (d) to (h) of subclause (1) of Clause 8 as the Minister may require. (2) The provisions of subclauses (2) to (4) of Clause 8 and the provisions of Clause 9 shall mutatis mutandis apply to proposals submitted pursuant to subclause (1). (3) The State acknowledges that if directions are given pursuant to subsection (1) of section 73 of the EP Act to the Joint Venturers in respect of the site for the said pigment plant and the Joint Venturers are not either of the persons mentioned in paragraphs (a) or (b) of subsection (2) of that section the Joint Venturers shall be entitled to be reimbursed the cost of complying with those directions in accordance with subsection (2) of that section. (4) If the Joint Venturers fail to submit proposals pursuant to subclause (1) by the date required by that subclause the State may, without prejudice to its other rights under this Agreement, require the Joint Venturers to surrender to the State the area coloured red on the said plan marked "A" out of the Mining Lease and the Joint Venturers shall forthwith comply with such requirement. Additional proposals 11. If the Joint Venturers at any time during the continuance of this Agreement desire to significantly modify expand or otherwise vary their activities carried on pursuant to this Agreement (including levels of production) beyond those activities specified in the approved project or in any approved proposals or to mine minerals from the Mining Lease in addition to heavy minerals or to extend mining (whether of heavy minerals or other minerals) into any area of the Mining Lease not the subject of the approved project or an approved proposal they shall give notice of such desire to the Minister and within 2 months thereafter shall submit to the Minister detailed proposals in respect of all matters covered by such notice and such of the other matters mentioned in paragraphs (a) to (h) of subclause (1) of Clause 8 and other relevant information as the Minister may require. The provisions of Clause 8 and Clause 9 shall mutatis mutandis apply to detailed proposals submitted pursuant to this Clause with the additional provision that the Joint Venturers may withdraw such proposals at any time before approval thereof or, where any decision of the Minister in respect thereof is referred to arbitration, within 3 months after the award by notice to the Minister that they shall not be proceeding with the same. Subject to and in accordance with the EP Act and any approvals and licences required under that Act the Joint Venturers shall implement proposals approved or determined pursuant to this Clause in accordance with the terms thereof. Protection and management of the environment 12. (1) The Joint Venturers shall in respect of the matters relating to the environment which are referred to in the approved project or which are the subject of approved proposals, carry out a continual programme of investigation, research and monitoring to ascertain the effectiveness of the measures they are taking both generally and pursuant to the approved project or such approved proposals as the case may be for protection and management of the environment. (2) The Joint Venturers shall during the currency of this Agreement submit to the Minister — (a) not later than 31 December 1989 and 31 December in each year thereafter (except those years in which a comprehensive report is required to be submitted pursuant to paragraph (b) of this subclause) a brief report concerning investigations and research carried out pursuant to subclause (1) and the implementation by the Joint Venturers of the elements of the approved project and approved proposals relating to the protection and management of the environment in the year ending 31 October immediately preceding the due date for the brief report; and (b) not later than 31 December 1991 and 31 December in each third year thereafter, a comprehensive report on the result of such investigations and research and the implementation by the Joint Venturers of the elements of the approved project and approved proposals relating to the protection and management of the environment during the three year period ending 31 October immediately preceding the due date for the detailed report together with a mining plan setting forth the proposed mining operations of the Joint Venturers during the three year period commencing 1 November immediately preceding such due date and the programme proposed to be undertaken by the Joint Venturers during that period in regard to investigation and research under subclause (1) and the implementation by the Joint Venturers of the elements of the approved project and approved proposals relating to the protection and management of the environment. (3) The Minister may within 2 months of receipt of a report pursuant to paragraph (b) of subclause (2) notify the Joint Venturers that he — (a) requires amendment of the report and/or programme for the ensuing 3 years; or (b) requires additional detailed proposals to be submitted for the protection and management of the environment. (4) The Joint Venturers shall within 2 months of receipt of a notice pursuant to paragraph (a) of subclause (3) submit to the Minister an amended report and/or programme as required. The Minister shall afford the Joint Venturers full opportunity to consult with him on his requirements during the preparation of any amended report or programme. (5) The Minister may within 1 month of receipt of an amended report or programme pursuant to subclause (4) notify the Joint Venturers that he requires additional detailed proposals to be submitted for the protection and management of the environment. (6) The Joint Venturers shall within 2 months of receipt of a notice pursuant to paragraph (b) of subclause (3) or subclause (5) submit to the Minister additional detailed proposals as required and the provisions of Clause 9 shall mutatis mutandis apply to those proposals. Use of local labour professional services and materials 13. (1) The Joint Venturers shall, for the purposes of this Agreement — (a) except in those cases where the Joint Venturers can demonstrate it is impracticable so to do, use labour available within the said State; (b) as far as it is reasonable and economically practicable so to do use the services of engineers surveyors architects and other professional consultants, project managers manufacturers suppliers and contractors resident and available within the said State; (c) when preparing specifications calling for tenders and letting contracts for works materials plant equipment and supplies (which shall at all times, except where it is impracticable so to do, use or be based upon Australian Standards and Codes) ensure that Western Australian suppliers manufacturers and contractors are given fair and reasonable opportunity to tender or quote; and (d) give proper consideration and where possible preference to Western Australian suppliers manufacturers and contractors when letting contracts or placing orders for works, materials, plant, equipment and supplies where price quality delivery and service are equal to or better than that obtainable elsewhere. (2) The Joint Venturers shall in every contract entered into with a third party for the supply of services labour works materials plant equipment and supplies for the purposes of this Agreement require as a condition thereof that such