Morley Shopping Centre Redevelopment Agreement Act 1992 (WA)

Western Australia Morley Shopping Centre Redevelopment Agreement Act 1992 Reprinted under the Reprints Act 1984 as at 12 September 2014 Western Australia Morley Shopping Centre Redevelopment Agreement Act 1992 Contents 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Agreement ratified 2 5. Roads closed and land vested in Crown 2 6. Reserve cancelled and land vested in Crown 3 7. Water charges 3 8. Local government rates 4 Schedule — Morley Shopping Centre Redevelopment Agreement Notes Compilation table 106 Defined terms Reprinted under the Reprints Act 1984 as at 12 September 2014 Western Australia Morley Shopping Centre Redevelopment Agreement Act 1992 An Act to ratify an agreement between the State of Western Australia, Morley Shopping Centre Pty Limited and The Colonial Mutual Life Assurance Society Limited; to facilitate the redevelopment of the area known as the Morley Shopping Centre; and for related purposes. 1. Short title This Act may be cited as the Morley Shopping Centre Redevelopment Agreement Act 1992 1. 2. Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it receives the Royal Assent 1. (2) Sections 5 and 6 of this Act come into operation on such day as is, or such days as are, respectively fixed by proclamation 1. 3. Terms used (1) In this Act, unless the contrary intention appears — Agreement means the Agreement a copy of which is set out in the Schedule and includes that Agreement as varied from time to time in accordance with its provisions; Development Area has the same meaning as in the Agreement. (2) A reference in this Act to a plan by number is a reference to the miscellaneous diagram of that number held by the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5. (3) If the Agreement, as set out in Schedule 1, is varied by a further agreement in accordance with its provisions, the Governor may, by order published in the Gazette, amend this Act to such extent as is necessary to insert in this Act a schedule setting out a copy of the further agreement. [Section 3 amended: No. 60 of 2006 s. 146.] 4. Agreement ratified (1) The Agreement is ratified. (2) The implementation of the Agreement is authorised. (3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the Agreement shall operate and take effect notwithstanding any other Act or law. 5. Roads closed and land vested in Crown (1) On the commencement of this section — (a) the portion of road cross hatched and marked "ROAD" on Plan No. 347; and (b) the portion of road stippled and marked "JOHNSMITH STREET" on Plan No. 347, are closed. (2) The land contained in the portions of road closed under subsection (1) is, on the commencement of this section — (a) vested in Her Majesty as of Her former estate; and (b) constituted Crown land within the meaning of that expression in the Land Act 1933 2; and (c) set apart as suburban lands for the purposes of the Land Act 1933 2. 6. Reserve cancelled and land vested in Crown (1) On the commencement of this section, Reserve No. 40963, classified as of Class C, containing 2.2644 hectares and set apart for "Parking" is cancelled. (2) The land contained in Reserve No. 40963 cancelled under subsection (1) is, on the commencement of this section — (a) vested in Her Majesty as of Her former estate; and (b) constituted Crown land within the meaning of that expression in the Land Act 1933 2; and (c) set apart as suburban lands for the purposes of the Land Act 1933 2. 7. Water charges (1) Notwithstanding the provisions of the Water Agencies (Powers) Act 1984 — (a) the amounts payable in respect of charges to which this subsection applies in relation to the Development Area during the periods specified in clause 11 of the Agreement are to be determined in accordance with that clause; and (b) the Development Area is to be taken to be the land that is the subject of those charges for the purposes of that Act. (2) Subsection (1) applies to each of the charges set out in — (a) Parts 2 and 3 of Division 1 of Schedule 1; and (b) Part 2 of Schedule 2; and (c) Part 2 of Schedule 3, of the Water Agencies (Charges) By‑laws 1987 3. [Section 7 amended: No. 73 of 1995 s. 188.] 8. Local government rates Notwithstanding the provisions of Part 6 of the Local Government Act 1995 — (a) the amounts payable in respect of rates imposed under that Part on the Development Area for the periods specified in clause 12 of the Agreement are to be determined in accordance with that clause; and (b) the Development Area is to be taken to be the land that is rateable land for the purposes of that Act. [Section 8 amended: No. 14 of 1996 s. 4.] Schedule — Morley Shopping Centre Redevelopment Agreement [s. 3(1)] [Heading amended: No. 19 of 2010 s. 4.] THIS AGREEMENT is made the 19th day of November 1992 BETWEEN THE STATE OF WESTERN AUSTRALIA ("the State") and MORLEY SHOPPING CENTRE PTY LIMITED (A.C.N. 002 154 458) of 800 Toorak Road, Tooronga, Melbourne, Victoria ("MSC") and THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED (A.C.N. 004 405 556) of 330 Collins Street, Melbourne, Victoria ("CML"). RECITALS A. MSC and CML in joint venture propose to undertake the Morley Redevelopment. B. The State for the purpose of promoting employment opportunity and development in Western Australia has agreed to assist, and at the request of the City to facilitate the City to assist, the Morley Redevelopment as set out in this Agreement. OPERATIVE PART WHEREBY THE PARTIES AGREE as follows — 1. DEFINITIONS In this Agreement unless the contrary intention appears or the context otherwise requires — "advise", "agree", "apply", "approve", "authorise", "certify", "consent", "direct", "inform", "nominate", "notice", "notify", "request", "require", or "specify" means advise, agree, apply, approve, authorise, certify, consent, direct, inform, nominate, notice, notify, request, require, or specify in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning; "City" means the City of Bayswater, a municipality and body corporate under the Local Government Act 1960; "Concept Plans" means the plans respectively described as — * a site plan (drawing number A001) * a ground floor plan (drawing number A020) * a first floor plan (drawing number A021) copies of which have been signed by the parties for the purpose of identification; "CML" means The Colonial Mutual Life Assurance Society Limited its successors and permitted assigns; "CPI" means the Consumer Price Index compiled by the Australian Bureau of Statistics for Perth (Capital City) (All Groups) or any substitute therefor accepted by the Government of the Commonwealth of Australia from time to time provided that: (a) if the CPI Index Number base adopted by the Australian Statistician for the CPI Index Number is at any time updated the CPI Index Number is to be appropriately adjusted from time to time; (b) if at any time the Consumer Price Index is discontinued, there is to be substituted therefor the alternative method of computing changes in the cost of living which is mutually agreed between the State and the Joint Venturers during the period of 30 days after written notice given by either the State or the Joint Venturers to the other, or failing agreement, which in the opinion of an expert appointed by the President for the time being of the Institute of Chartered Accountants (Western Australian Division) at the request of the State or the Joint Venturers or both of them most closely reflects changes in the cost of living for the Perth Metropolitan Area (the costs of that expert being borne by the State and the Joint Venturers in equal shares); and (c) if any alternative index is determined in accordance with paragraph (b) and that index is at any time thereafter discontinued, the reference to the CPI means from time to time the index determined subject to and in accordance with the provisions of paragraph (b); "CPI Index Number" means the Index Number compiled and issued by the Australian Bureau of Statistics for the CPI for and in respect of a particular CPI Quarter; "CPI Quarter" means the respective three monthly periods adopted by the Australian Bureau of Statistics for the compilation and issue of the CPI; "Crown" means the Crown in right of the State of Western Australia; "Crown Grant" means a Crown Grant under the Land Act; "Development Area" means that part of the land within the stippled border on the Plan being — (a) the freehold land, particulars of which are set out in Schedule 2; (b) Reserve 40963 (Swan Locations 11235 and 11236); (c) the land cross hatched and marked "ROAD" on the Plan; (d) the land stippled and marked "JOHNSMITH STREET" on the Plan; and (e) the Water Authority Land as to which the Joint Venturers are for the time being registered as the proprietors of an estate, either in fee simple or leasehold; "Dollars" or $ means amounts expressed in Australian currency; "Johnsmith Road Reserve" means the land described in paragraph (d) of the definition of the Development Area; "Joint Venturers" means MSC and CML and any person to whom the rights of MSC and CML are assigned in accordance with the provisions of clause 16; "Land Act" means the Land Act 1933; "Minister" means the Minister in the Government of the State for the time being responsible (under whatever title) for the administration of the ratifying Act; "Morley Shopping Centre" means the Shopping Centre of that name as now on the land, or part of the land, described in Schedule 2; "Morley Redevelopment" or "the Redevelopment" means the redevelopment of the Morley Shopping Centre in accordance with the text in Schedule 3 and the Concept Plans, as amended from time to time by Agreement between the State and the Joint Venturers; "MSC" means Morley Shopping Centre Pty. Limited, its successors and permitted assigns; "parties" means the State and the Joint Venturers, and "party" is a reference to any of them; "Plan" means Department of Land Administration Miscellaneous Diagram 347 a copy of which is Schedule 1 to this Agreement; "Project Commencement Date" means the commencement date notified to the Minister pursuant to clause 4(1); "Project Completion" means completion of the Redevelopment in accordance with this Agreement to the state where the whole of the Morley Shopping Centre, as so redeveloped, is capable of occupation for its intended purpose; "ratifying Act" means the Bill referred to in clause 3 when that Bill is passed and comes into operation as an Act as contemplated by that clause; "Redeveloped Shopping Centre" means the Morley Shopping Centre as redeveloped and expanded in accordance with this Agreement; "Russell Street Reserve" means the land described in paragraphs (b) and (c) of the definition of the Development Area; "State" includes the authorities and instrumentalities of the State of Western Australia; "Statutory Requirements" means all approvals, consents, permits, or licences necessary for the purposes of the Redevelopment from the State, any government department, authority, instrumentality or local government authority, and includes, without limiting the generality of the foregoing, all approvals, consents, permits, and licences, for engineering drawings, construction plans, earthworks and structures necessary for the purposes of the Redevelopment; "subsidiary legislation" includes any proclamation, regulation, rule, by‑law, order, notice, rule of court, town planning scheme, resolution, or other instrument, made under any Act of the State or of the Commonwealth of Australia or subsidiary legislation for the time being in force and having legislative effect; "this Agreement" means this Agreement (including its Recitals and Schedules) whether in its original form or as from time to time added to varied or amended; "Water Authority" means the body corporate known as the Water Authority of Western Australia established by the Water Authority Act 1984; "Water Authority Land" means the land described in Schedule 4; "written law" has the same meaning as is given to that term in the Interpretation Act 1984. 2. INTERPRETATION In this Agreement unless the contrary intention appears — (a) power given under any clause other than clause 19 to extend any period or date is without prejudice to the power of the Minister under clause 19; (b) the plural includes the singular and vice versa and any gender includes every other gender; (c) reference to — * a clause is to a clause of this Agreement; * a subclause is to a subclause of the clause in which the reference occurs; * a paragraph is to a paragraph of the clause or subclause, as the case may be, in which the reference occurs; (d) clause headings do not affect the interpretation or construction of this Agreement; (e) a reference to an Act includes the amendments to that Act for the time being in force and also any Act passed in substitution for it and the subsidiary legislation for the time being in force under it; and (f) a reference to a person includes a corporation and a body politic. 3. RATIFICATION AND OPERATION (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 11 December 1992 or such later date as the parties may agree. (2) The provisions of this Agreement other than this clause 3 shall not come into operation until the Bill referred to in subclause (1) has been passed by the Parliament of Western Australia and the provisions of that Bill ratifying this Agreement come into operation as an Act. (3) If before 11 December 1992 or such later date as may be agreed pursuant to subclause (1) the provisions of the Bill referred to in that subclause ratifying this Agreement have not commenced to operate as an Act then unless the parties otherwise agree this Agreement shall then cease and terminate and none of the parties shall have any claim against any of the others of them with respect to any matter or thing antecedent to, or arising out of or done, performed, or omitted to be done or performed, under this Agreement. (4) On the provisions of the Bill referred to in subclause (1) ratifying this Agreement commencing to operate as an Act this Agreement shall operate and take effect. 4. THE REDEVELOPMENT (1) The Joint Venturers shall on or before 30 April 1993 (or such later date as the Minister may allow pursuant to clause 19) notify the Minister that the Joint Venturers — (a) will proceed; or (b) will not proceed with the Redevelopment and shall, if the Joint Venturers notify the Minister that they will proceed with the Redevelopment, by the same notice advise the Minister as to the time programme for the commencement (which must be a date not later than 1 August 1993) and completion (which must be a date not later than 1 August 1996) of the Redevelopment. (2) If the Joint Venturers — (a) notify the Minister pursuant to subclause (1) that the Joint Venturers will not proceed with the Redevelopment; or (b) fail to notify the Minister as required by subclause (1) by the due date this Agreement thereupon cease and terminate. 5. OBLIGATION TO CONSTRUCT (1) If the Joint Venturers notify the Minister pursuant to clause 4(1) that the Joint Venturers will proceed with the Redevelopment the Joint Venturers shall, subject to Statutory Requirements and applicable laws, proceed with the Redevelopment to completion without material alteration and in accordance with the Redevelopment timetable as notified to the Minister pursuant to clause 4(1). (2) The Joint Venturers shall from time to time at the request of the Minister inform the Minister of any details or information in relation to the Redevelopment, including but without limitation, the progress of the Redevelopment, as the Minister may reasonably request. (3) The Joint Venturers shall to the extent it is within the power of the Joint Venturers to do so permit the State by its officers, employees, agents, and nominees to enter upon the Development Area pending Project Completion to inspect the progress of the Redevelopment, and the Joint Venturers shall afford those officers, employees, agents and nominees such assistance and facilities as they may reasonably require. 6. LICENCE TO ENTER (1) The State hereby grants to the Joint Venturers an exclusive licence for the Joint Venturers and their agents contractors and employees to enter, with all necessary vehicles plant and equipment, upon the Russell Street Reserve and the Johnsmith Road Reserve for the purpose of carrying out the Redevelopment. (2) The licence granted by subclause (1) shall take effect one month after the Project Commencement Date or such earlier date as the Minister may notify to the Joint Venturers and shall automatically terminate, without the necessity for any notice or any other action by any of the parties — (a) upon termination of this Agreement; (b) as to any particular area subject of the licence, upon that area being — (i) leased to the Joint Venturers pursuant to clause 7; (ii) granted to the Joint Venturers in fee simple pursuant to clause 8; or (c) on the completion of all works necessary to implement the Redevelopment, whichever occurs soonest. 7. CROWN LEASE Upon Project Completion, or at such earlier time as the Minister considers appropriate, the State shall grant or cause to be granted to the Joint Venturers a lease of Russell Street Reserve, as then surveyed, under section 117 of the Land Act but including a right or option on the part of the Joint Venturers to acquire freehold title, in whole or in part, to the Russell Street Reserve such lease except as otherwise provided in this Agreement to be subject to the Land Act but in the form set out in Schedule 5 with such variations as circumstances may render necessary and as are agreed to by the parties. 8. CROWN GRANT Upon the Project Completion, or at such earlier time as the Minister considers appropriate, and subject to payment to the State of $200,000.00 and of all other usual and applicable fees the State shall cause to be issued to and in the name of the Joint Venturers as tenants in common in equal shares a Crown Grant of the Johnsmith Road Reserve subject to the exceptions reservations and conditions usual in Crown Grants but otherwise free from encumbrances. 9. EASEMENTS AND OTHER LAND RIGHTS The State shall in relation to the Water Authority Land cause the Water Authority to grant to the Joint Venturers — (a) upon Project Completion or at such earlier time as the Minister after consultation with the Water Authority considers appropriate — (i) an easement over the Water Authority Land in the terms set out in Part A of Schedule 6; and (ii) an option to purchase the Water Authority Land in the terms set out in Part B of Schedule 6; (b) a licence to enter the Water Authority Land pending grant of the easement referred to in paragraph (a) for the purpose of carrying out those improvements in relation to the Redevelopment as may be agreed between the Water Authority and the Joint Venturers. 10. SURVEYS Any surveys of land required for the purposes of this Agreement within the Development Area shall be carried out at the expense of the Joint Venturers. 11. WATER RATES (1) Water Rates payable to the Water Authority in relation to the Development Area will be amounts determined in accordance with the succeeding provisions of this clause. (2) If Project Completion occurs in the Rating Year 1994/1995, as is anticipated, the Water Rates for that Rating Year will, subject to subclause (4), be — (a) If the GRV as at 1 July 1993 is less than or equal to $22,000,000, an amount determined by applying the rate in the $ of GRV specified in subclause (9) to the GRV as at 1 July 1993 less $500,000.00; or (b) if the GRV at 1 July 1993 exceeds $22,000,000, $1,500,000 increased by the amount by which the GRV exceeds $22,000,000 multiplied by .0908. (3) If Project Completion occurs in the Rating Year 1995/1996 or in a later Rating Year, then the Water Rates in the Rating Year in which Project Completion occurs will, subject to subclause (4), be the Base Amount increased by the same percentage as the percentage increase in the CPI which occurs during the period 31 March 1994 to 31 March in the year preceding Project Completion. (4) If Project Completion occurs otherwise than on the first day of a Rating Year, Water Rates payable in respect of the Rating Year in which Project Completion occurs shall be the aggregate of — (a) Water Rates which but for the provisions of this Agreement are payable in respect of that Rating Year; (b) that proportion of the amount by which the Base Amount, or as the case may be, of the Base Amount as increased by the operation of subclause (3), exceeds the amount referred to in paragraph (a) as is the same as the proportion which the number of days from Project Completion to the end of the then current Rating Year bears to 365. (5) (a) Subject to the succeeding provisions of this clause, in the 19 Rating Years following the Rating Year in which Project Completion occurs the Water Rates payable shall be the amount payable in the preceding Rating Year increased by the same percentage as the annual percentage increase in the CPI during the immediately preceding Rating Year; (b) for the purposes of subclause 5(a) — (i) the increase in the CPI will be calculated for the period of 12 months which ends on the 31 March which immediately precedes the commencement of the relevant Rating Year; (ii) the Water Rates payable in respect of the Rating Year in which Project Completion occurs shall be taken to be the Base Amount, or as the case may be, the Base Amount as increased by the operation of subclause (3). (6) If during the period specified in subclause 5(a) the Redeveloped Shopping Centre is further expanded by the construction of a new building or other development (the "New Development"), Water Rates payable in respect of the Development Area will be increased by an amount determined in accordance with the succeeding provisions of this clause. (7) The amount of the increase in the Water Rates ("the Incremental Increase") will be (a) - (b) where — (a) = Water Rates determined in accordance with the GRV of the Development Area following completion of the New Development and calculated on the basis of the scale of Water Rates then applicable for commercial properties generally within the Perth Metropolitan Area (the "Current Scale") (b) = Water Rates determined in accordance with the GRV of the Development Area prior to the New Development and calculated on the basis of the Current Scale. For the avoidance of doubt, the calculation in this subclause will not include the concession in respect of Water Rates specified in subclause (2). (8) If and when an Incremental Increase occurs — (a) for the purpose of calculating, pursuant to subclause (5), the Water Rates payable in respect of the Rating Year following that in which the Incremental Increase occurred and subsequent Rating Years the full amount of the Incremental Increase is deemed to have been payable in the Rating Year in which it occurred; (b) unless the New Development giving rise to the Incremental Increase was completed on the first day of a Rating Year, in which case the whole of the Incremental Increase is to be added to Water Rates payable, the Water Rates payable in respect of the Rating Year in which the New Development was completed shall increase by only that proportion of the Incremental Increase as is the same as the proportion which the number of days from the date of completion of the New Development to the end of the then current Rating Year bears to 365. (9) For the purpose of subclause (2) the schedule of rates in the $ of GRV, expressed in cents, is as follows — GRV Water Sewerage Drainage Total up to $8,000 4.68 4.48 .70 9.86 Next $1,592,0000 4.01 4.45 .70 9.16 greater than $1,600,000 3.97 4.41 .70 9.08 (10) (a) Water Rates payable pursuant to this clause shall entitle the Joint Venturers to a water allowance free of charge, in each Rating Year, of 400,000 kilolitres; (b) If in any Rating Year the quantity of water supplied to the Development Area by the Water Authority exceeds the quantity specified in paragraph (a), the Joint Venturers shall pay for the excess in accordance with any then applicable written law. (11) Nothing in this clause affects Water Rates or other charges otherwise payable to the Water Authority prior to Project Completion (including headworks charges). (12) In this clause and in clause 12 (where applicable) unless the contrary intention appears or the context otherwise requires — "Base Amount" means the amount calculated pursuant to subclause (2) without reference to subclause (4); "completion" in relation to a New Development means capable of occupation or use; "GRV" means the gross rental value of the Development Area following Project Completion as determined under the Valuation of Land Act 1978; "Rating Year" means a period commencing on 1 July in a year and ending on 30 June in the following year and if preceded by a reference to 2 calendar years means the period commencing on 1 July in the first of those years and ending on 30 June in the second of those years; "Water Rates" means charges in respect of water supply, sewerage and drainage of the kind presently levied by the Water Authority under — (a) Part 2 of Division 1 of Schedule 1; (b) Part 2 of Schedule 2; and (c) Part 2 of Schedule 3 of the Water Authority (Charges) By‑Laws 1987. 12. MUNICIPAL RATES (1) Municipal Rates payable to the City in relation to the Development Area will be amounts determined in accordance with the succeeding provisions of this clause. (2) Subject to subclause (3) Municipal Rates for the Rating Year in which Project Completion occurs will be the lesser of — (a) $700,000.00; and (b) the amount which would have been assessed for Municipal Rates on the basis of a rate of .053692 of the GRV. (3) If Project Completion occurs otherwise than on the first day of a Rating Year, Municipal Rates payable in respect of the Rating Year in which Project Completion occurs shall be the aggregate of — (a) Municipal Rates which but for the provisions of this Agreement are payable in respect of that Rating Year; (b) that proportion of the amount by which the Base Amount exceeds the amount referred to in paragraph (a) as is the same as the proportion which the number of days from Project Completion to the end of the then current Rating Year bears to 365. (4) (a) In the 19 Rating Years following the Rating Year in which Project Completion occurs, the Municipal Rates payable shall be the amount payable in the preceding Rating Year increased by the same percentage as the annual percentage increase in the CPI during the immediately preceding Rating Year increased by the lesser of — (i) the same percentage of the annual percentage increase in the CPI during the immediately preceding Rating Year; or (ii) the percentage increase in the City's rates for that year; assuming the Municipal Rates payable in the Rating Year in which Project Completion occurred were the Base Amount; (b) for the purposes of subclause 4(a) the increase in the CPI will be calculated for the period of 12 months which ends on the 31 March which immediately precedes the commencement of the relevant Rating Year. (5) In this clause — "Base Amount" means the amount calculated pursuant to subclause (2) without regard to subclause (3); "Municipal Rates" mean rates of the kind presently levied by the City under Division 4 of Part XXV of the Local Government Act 1960. 13. STAMP DUTY (1) Subject to subclause (2) the State after the Project Commencement Date will upon application by the Joint Venturers to the Minister, within 30 days after receipt of the application, repay to the Joint Venturers stamp duty paid in respect of the instruments evidencing the several transactions, particulars of which are set out in Schedule 7, necessary to establish the joint venture referred to in Recital A. (2) The amount repaid pursuant to subclause (1) will not exceed $1,500,000. 14. MODIFICATION OF LAND ACT (1) For the purposes of this Agreement the Land Act is deemed to be modified by — (a) the inclusion of a power to grant the licence to enter granted by clause 6; and (b) the inclusion of a power for the Minister for Lands to grant a lease under section 117 of the Land Act in the form set out in Schedule 5 and, in that lease or separately, to grant the right or option referred to in clause 7; and (c) the inclusion of a power for the Governor to issue to the Joint Venturers the Crown Grant referred to in clause 8 and, if the right or option referred to in clause 5 is exercised, a Crown Grant of the land in respect of which the right or option is exercised subject to the sub‑lease granted pursuant to clause 3(a) of Schedule 5 if the circumstances so require. (2) For the purposes of subclause 1(c), the sublease referred to in that subclause shall be deemed to survive the surrender or termination of the lease pursuant to which it is granted. 15. USE OF LOCAL LABOUR PROFESSIONAL SERVICES AND MATERIALS (1) The Joint Venturers shall in relation to the Redevelopment and for the purposes of this Agreement — (a) except in those cases where the Joint Venturers can demonstrate it is impracticable to do so, use labour available within Western Australia or if such labour is not available then except in those cases where the Joint Venturers can demonstrate that it is impracticable to do so, use labour otherwise available within Australia; (b) as far as it is reasonable and economically practicable to do so use the services of engineers, surveyors, architects and other professional consultants, project managers, manufacturers, suppliers and contractors resident and available within Western Australia or if such services are not available within Western Australia then, as far as it is reasonable and economically practicable to do so, use the services of such persons otherwise available within Australia; (c) during design and 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 to do so, use or be based upon Australian Standards and Codes) ensure that suitably qualified Western Australian and Australian suppliers manufacturers and contractors are given fair and reasonable opportunity to tender or quote; (d) give proper consideration and where possible preference to suppliers manufacturers and contractors located in Western Australia 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 or, subject to the foregoing, give that consideration and where possible preference to other suppliers manufacturers and contractors located in Australia; and (e) if notwithstanding the foregoing provisions of this subclause a contract is to be let or an order is to be placed with other than a Western Australian or Australian supplier, manufacturer or contractor, give proper consideration and where possible preference to tenders arrangements or proposals that include Australian participation. (2) Except as otherwise agreed by the Minister 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 the Redevelopment, require as a condition of such contract that such third party shall undertake the same obligations as are referred to in subclause (1) and shall report to the Joint Venturers concerning such third party's implementation of that condition. (3) The Joint Venturers shall submit a report to the Minister at monthly intervals or such longer period as the Minister determines commencing from the date of this Agreement concerning the Joint Venturers implementation of the provisions of this clause together with a copy of any report received by the Joint Venturers pursuant to subclause (2) during that month or longer period as the case may be, but the Minister may agree that any such reports need not be provided in respect of contracts of such kind or value as the Minister may from time to time determine. (4) The Joint Venturers shall keep the Minister informed on a regular basis as determined by