Natural Gas (Canning Basin Joint Venture) Agreement Act 2013 (WA)

Western Australia Natural Gas (Canning Basin Joint Venture) Agreement Act 2013 Western Australia Natural Gas (Canning Basin Joint Venture) Agreement Act 2013 Contents 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Ratification and authorisation 2 4A. Ratification of termination agreement 3 5. State empowered under clause 30 3 6. Effect on other laws 3 Schedule 1 — Natural Gas (Canning Basin Joint Venture) Agreement 2012 Schedule 2 — 2015 variation agreement Schedule 3 — Termination agreement Notes Compilation table 103 Defined terms Western Australia Natural Gas (Canning Basin Joint Venture) Agreement Act 2013 An Act to ratify, and authorise the implementation of, an agreement between the State and Buru Energy Limited, Diamond Resources (Fitzroy) Pty Ltd, Diamond Resources (Canning) Pty Ltd and Mitsubishi Corporation relating to the evaluation, development and exploitation of natural gas resources in the Canning Basin region of the State, to ratify a further agreement for the termination of that agreement, and for incidental and other purposes. [Long title amended: No. 12 of 2018 s. 4.] The Parliament of Western Australia enacts as follows: 1. Short title This is the Natural Gas (Canning Basin Joint Venture) Agreement Act 2013. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on the day after that day. 3. Terms used In this Act — 2015 variation agreement means the agreement a copy of which is set out in Schedule 2; scheduled agreement means the agreement a copy of which is set out in Schedule 1; termination agreement means the agreement a copy of which is set out in Schedule 3; the Agreement means the scheduled agreement as varied from time to time in accordance with its terms and by the 2015 variation agreement. [Section 3 amended: No. 1 of 2016 s. 4; No. 12 of 2018 s. 5.] 4. Ratification and authorisation (1) The scheduled agreement is ratified. (2A) The 2015 variation agreement is ratified. (2) The implementation of the Agreement is authorised. [Section 4 amended: No. 1 of 2016 s. 5.] 4A. Ratification of termination agreement The termination agreement is ratified. [Section 4A inserted: No. 12 of 2018 s. 6.] 5. State empowered under clause 30 The State has power in accordance with clause 30 of the Agreement. 6. Effect on other laws (1) The Agreement operates and takes effect despite any enactment or other law. (1A) The termination agreement operates and takes effect despite any enactment or other law. (2) If a provision of the scheduled agreement, the 2015 variation agreement or the termination agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect. (3) This section does not limit or otherwise affect the application of the Government Agreements Act 1979. [Section 6 amended: No. 1 of 2016 s. 6; No. 12 of 2018 s. 7.] Schedule 1 — Natural Gas (Canning Basin Joint Venture) Agreement 2012 [s. 3] 2012 THE STATE OF WESTERN AUSTRALIA and BURU ENERGY LIMITED ACN 130 651 437 DIAMOND RESOURCES (FITZROY) PTY LTD ACN 145 113 177 DIAMOND RESOURCES (CANNING) PTY LTD ACN 145 113 186 and MITSUBISHI CORPORATION NATURAL GAS (CANNING BASIN JOINT VENTURE) AGREEMENT 2012 [Solicitor's details] THIS AGREEMENT is made this seventh day of November 2012 BETWEEN THE HONOURABLE COLIN JAMES BARNETT, MEc., 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 AND BURU ENERGY LIMITED ACN 130 651 437 of Level 2, 97 William Street, Perth, Western Australia, DIAMOND RESOURCES (FITZROY) PTY LTD ACN 145 113 177 of Level 36, 120 Collins Street, Melbourne, Victoria and DIAMOND RESOURCES (CANNING) PTY LTD ACN 145 113 186 of Level 36, 120 Collins Street, Melbourne, Victoria (hereinafter collectively called the Joint Venturers in which term shall be included their successors and permitted assigns) of the second part AND MITSUBISHI CORPORATION of 3‑1, Marunouchi 2‑Chome, Chiyoda‑Ku, Tokyo, Japan (Guarantor) of the third part. WHEREAS: A. The Joint Venturers are the registered and beneficial holders of the petroleum exploration permits listed in the Schedule and granted under the Petroleum and Geothermal Energy Resources Act 1967 (WA). B. The Joint Venturers are actively exploring the Title Areas for petroleum including for the purposes of: (a) evaluating the technical and economic viability of the natural gas resources within the Title Areas (which areas are prospective for both conventional and unconventional resources); and (b) proving up sufficient reserves of natural gas to underpin the establishment and sustained operation of firstly the Domgas Project (as hereinafter defined) and secondly the production of liquefied natural gas for export to overseas purchasers. C. The State, for the purposes of: (a) encouraging accelerated expenditure by the Joint Venturers in the continuing exploration and evaluation of natural gas resources within the Title Areas; and (b) promoting industrial development in Western Australia generally; and (c) promoting energy security in the said State in particular, desires to facilitate the establishment of the Domgas Project and, if the Joint Venturers so wish, of the LNG Project upon and subject to the terms of this Agreement. NOW THIS AGREEMENT WITNESSES: 1. Definitions In this Agreement subject to the context: Aboriginal Heritage Act means the Aboriginal Heritage Act 1972 (WA). advise, apply, approve, approval, consent, certify, direct, notice, notify, request, or require, means advise, apply, approve, approval, consent, certify, direct, notice, 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 a proposal approved or deemed to be approved under this Agreement. Canning Basin means the Canning Basin region of the said State. Commencement Date means the day after the day on which the Ratifying Act comes into operation. Commonwealth means the Commonwealth of Australia and includes the Government for the time being thereof. Contaminated Sites Act means the Contaminated Sites Act 2003 (WA). DBNGP corridor has the meaning given to it in the DBP Act. DBNGP Land Access Minister means the corporation sole created by section 29(1) of the DBP Act. DBP Act means the Dampier to Bunbury Pipeline Act 1997 (WA). Domgas means natural gas for delivery and use in the said State. It does not include natural gas to be exported or used in the production of natural gas to be exported. Domgas Commitment means the Joint Venturers' commitment in respect of Domgas set out in clause 8 and to submit proposals for, and establish and operate, a Domgas Project in accordance with approved proposals pursuant to clauses 11, 12 and 13. Domgas Project means the treatment of natural gas obtained from within the Title Areas and, subject to this Agreement, from other areas, to produce Domgas and, if the Joint Venturers so wish, condensate and the conveyance of Domgas through the Domgas Project Pipeline into the domestic gas pipeline network and all related activities for that purpose including: (a) the construction, operation and maintenance of Domgas Project Treatment Plants, the Domgas Project Pipeline (subject to clause 34) and any necessary pipeline connections joining a Domgas Project Treatment Plant to the Domgas Project Pipeline and the Domgas Project Pipeline to the abovementioned domestic gas pipeline network; and (b) other ancillary activities, services and facilities permitted to be undertaken, provided or constructed as the case may be by the Joint Venturers as part of such project in accordance with this Agreement. For the avoidance of doubt, the Domgas Project does not include: (a) pre‑treatment plants, wells, in‑field and intra‑field pipelines and flow lines; or (b) any extension of the Domgas Project Pipeline the construction of which extension, the State (after consulting the Joint Venturers) does not consider is a significant modification, expansion or other variation of the Domgas Project Pipeline. Domgas Project Operation Date means the date upon which Domgas produced as part of the Domgas Project is first delivered through the Domgas Project Pipeline (other than for construction or commissioning purposes) into the Western Australian domestic gas market using the relevant connecting domestic gas pipeline network. Domgas Project Pipeline means a pipeline (as defined in the Pipelines Act (as modified by this Agreement)) commencing from a Domgas Project Treatment Plant at a location in the Title Areas agreed between the Minister and the Joint Venturers pursuant to clause 10 and extending to and connecting to the domestic gas pipeline network near Port Hedland or near Dampier in the said State (unless the State otherwise approves another location in the north west region of the said State, in which case near such other location) to convey Domgas and which pipeline is, or is to be (as the case may be), the subject of approved proposals pursuant to clauses 11 and 12 and includes any extension thereto or enlargement thereof that may be approved in accordance with clause 13. Domgas Project Pipeline Corridor means prior to the grant of the Domgas Project Pipeline Easement, the land for the route of the Domgas Project Pipeline, access roads and other infrastructure and works which is agreed between the Minister and the Joint Venturers pursuant to clause 10 and, after the grant of the Domgas Project Pipeline Easement, the land from time to time the subject of the Domgas Project Pipeline Easement. Domgas Project Pipeline Easement means the easement granted or to be granted (as the case may be) to the Joint Venturers under the Pipelines Act (as modified by this Agreement) and in accordance with clause 15(1)(b), as varied in accordance with clauses 15(7) or 15(8), and according to the requirements of the context describes the area of land from time to time the subject of the easement. Domgas Project Pipeline Licence means the licence granted or to be granted (as the case may be) to the Joint Venturers under the Pipelines Act (as modified by this Agreement) and in accordance with clause 15(1)(a) for the construction, operation and maintenance of the Domgas Project Pipeline, as varied from time to time in accordance with the Pipelines Act (as modified by this Agreement). Domgas Project Treatment Plant means the treatment plant within the Title Areas for the production of Domgas as part of the Domgas Project referred to in the above definition of Domgas Project Pipeline which treatment plant is, or is to be (as the case may be), the subject of approved proposals pursuant to clauses 11 and 12 and any other treatment plant within the Title Areas for the production of Domgas as part of the Domgas Project which treatment plant is the subject of approved proposals pursuant to clauses 11 and 12 or clause 13 and includes any expansion of any such treatment plant that may be approved in accordance with clause 13. Environmental Protection Act means the Environmental Protection Act 1986 (WA). Government agreement has the meaning given in the Government Agreements Act 1979 (WA). Land Act means the Land Administration Act 1997 (WA). Land Act Minister means the Minister for Lands, a body corporate under section 7 of the Land Act. Law includes any applicable requirement of any statute, regulation, proclamation, ordinance or by‑law, present or future, and whether State, Commonwealth or otherwise. laws relating to native title means laws applicable from time to time in Western Australia in respect of native title and includes the Native Title Act 1993 (Commonwealth). local government means a local government established under the Local Government Act. Local Government Act means the Local Government Act 1995 (WA). LNG Precinct means: (a) the Burrup Peninsula region of the said State; or (b) the strategic industrial area known at the date of this Agreement as the Ashburton North Strategic Industrial Area near Onslow in the said State; or (c) such other liquefied natural gas precinct in the north west region of the said State which the State may approve for the purposes of this Agreement and which at the date of such approval has been established or the establishment of which the State has approved. LNG Production Facility means a processing plant (whether owned by the Joint Venturers or by a third party) within the Relevant LNG Precinct for the production of liquefied natural gas for export. LNG Project means the conveyance through the LNG Project Pipeline of natural gas obtained from within the Title Areas and, subject to this Agreement, from other areas to the LNG Production Facility (or to a third party pipeline for conveyance to the LNG Production Facility) for the production from it for export of liquefied natural gas and, if the Joint Venturers so wish, condensate and all related activities for that purpose including: (a) the treatment (if required) of natural gas to be conveyed through the LNG Project Pipeline to a standard suitable for conveyance through the LNG Project Pipeline; and (b) the construction, operation and maintenance of LNG Project Treatment Plants, the LNG Project Pipeline and any necessary pipeline connections joining a LNG Project Treatment Plant to the LNG Project Pipeline and the LNG Project Pipeline to the LNG Production Facility (or to a third party pipeline for conveyance of the natural gas to the LNG Production Facility); and (c) other ancillary activities, services and facilities permitted to be undertaken, provided or constructed as the case may be by the Joint Venturers as part of such project in accordance with this Agreement. For the avoidance of doubt, the LNG Project does not include: (a) pre‑treatment plants, wells, in‑field and intra‑field pipelines and flow lines; or (b) any extension of the LNG Project Pipeline the construction of which extension, the State (after consulting the Joint Venturers) does not consider is a significant modification, expansion or other variation of the LNG Project Pipeline. LNG Project Operation Date means the date upon which natural gas obtained from within the Title Areas is first conveyed through the LNG Project Pipeline (other than for construction or commissioning purposes) to the LNG Production Facility (or into the relevant connecting third party pipeline for conveyance to the LNG Production Facility). LNG Project Pipeline means a pipeline (as defined in the Pipelines Act (as modified by this Agreement)) commencing from a location in the Title Areas agreed between the Minister and the Joint Venturers pursuant to clause 20 and extending to and connecting to the LNG Production Facility (or to a third party pipeline for conveyance to the LNG Production Facility) which pipeline is, or is to be (as the case may be), the subject of approved proposals pursuant to clauses 21 and 22 and includes any extension thereto or enlargement thereof that may be approved in accordance with clause 23. For the avoidance of doubt, the LNG Project Pipeline must be a separate pipeline to the Domgas Project Pipeline. LNG Project Pipeline Corridor means prior to the grant of the LNG Project Pipeline Easement, the land for the route of the LNG Project Pipeline, access roads and other infrastructure and works which is agreed between the Minister and the Joint Venturers pursuant to clause 20 and, after the grant of the LNG Project Pipeline Easement, the land from time to time the subject of the LNG Project Pipeline Easement. LNG Project Pipeline Easement means the easement granted or to be granted (as the case may be) to the Joint Venturers under the Pipelines Act (as modified by this Agreement) and in accordance with clause 15(2)(b), as varied in accordance with clauses 15(9) or 15(10), and according to the requirements of the context describes the area of land from time to time the subject of the easement. LNG Project Pipeline Licence means the licence granted or to be granted (as the case may be) to the Joint Venturers under the Pipelines Act (as modified by this Agreement) and in accordance with clause 15(2)(a) for the construction, operation and maintenance of the LNG Project Pipeline, as varied from time to time in accordance with the Pipelines Act (as modified by this Agreement). LNG Project Treatment Plant means a plant within the Title Areas for the treatment as part of the LNG Project of natural gas to a standard suitable for conveyance through the LNG Project Pipeline which treatment plant is, or is to be (as the case may be), the subject of approved proposals pursuant to clauses 21 and 22 or 23 and includes any expansion of such treatment plant that may be approved in accordance with clause 23. Minister means the Minister in the Government of Western Australia for the time being responsible for the administration of the Ratifying Act and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Joint Venturers and includes the successors in office of that Minister. natural gas includes liquefied petroleum gas, liquefied natural gas and compressed natural gas. Petrochemical feed stocks means ethane, propane, butane and condensate obtained from natural gas or other petroleum obtained from within the Title Areas. Petroleum Act means the Petroleum and Geothermal Energy Resources Act 1967 (WA). Petroleum Act Minister means the Minister in the Government of Western Australia for the time being responsible for the administration of the Petroleum Act and includes the successors in office of that Minister. Petroleum Act Department means the department in the Government of Western Australia for the time being principally responsible for assisting the Petroleum Act Minister in the administration of the Petroleum Act. Petroleum Titles means, subject to clause 14(3): (a) the petroleum exploration permits granted under the Petroleum Act and listed in the Schedule, including any extensions or renewals thereof; and (b) any other petroleum exploration permits granted under the Petroleum Act which are approved by the Minister as Petroleum Titles pursuant to clause 14(2), including any extensions or renewals thereof; and (c) each petroleum exploration permit granted under section 37A of the Petroleum Act in respect of a petroleum exploration permit which prior to such grant was a Petroleum Title, including any extensions or renewals thereof; and (d) any petroleum drilling reservations granted under the Petroleum Act which are approved by the Minister as Petroleum Titles pursuant to clause 14(2), as extended; and (e) each petroleum retention lease granted under the Petroleum Act in respect of one or more blocks within a petroleum exploration permit or a petroleum drilling reservation which, in each case, is a Petroleum Title, including any renewals of such petroleum retention lease; and (f) each petroleum production licence granted under the Petroleum Act in respect of one or more blocks within a petroleum exploration permit, petroleum drilling reservation or a petroleum retention lease which, in each case, is a Petroleum Title, excluding petroleum production licences granted pursuant to applications STP‑PRA 004 and 005. Pipeline Easements means: (a) subject to clause 34, the Domgas Project Pipeline Easement; and (b) subject to clauses 35(6) and 39(6), the LNG Project Pipeline Easement. Pipeline Licences means: (a) subject to clause 34, the Domgas Project Pipeline Licence; and (b) subject to clauses 35(6) and 39(6), the LNG Project Pipeline Licence. Pipelines Act means the Petroleum Pipelines Act 1969 (WA). Pipelines Act Minister means the Minister in the Government of Western Australia for the time being responsible for the administration of the Pipelines Act and includes the successors in office of that Minister. Plan means the plan marked "A" initialled by or on behalf of the parties hereto for the purpose of identification. Port means a port established under the Port Authorities Act 1999 (WA). private roads means the roads referred to in clause 17 and any other roads (whether within or outside the Pipeline Easements) constructed by the Joint Venturers in accordance with approved proposals or agreed by the parties to be a private road for the purposes of this Agreement. Project Pipelines means; (a) subject to clause 34, the Domgas Project Pipeline; and (b) subject to clauses 35(6) and 39(6), the LNG Project Pipeline. Project Titles means: (a) the Domgas Project Pipeline Easement; and (b) the LNG Project Pipeline Easement; and (c) any leases, licences or other easements granted to the Joint Venturers in accordance with clause 15(3); and (d) any DBP Act section 41(2)(b) approvals or DBP Act section 34 access rights granted to the Joint Venturers pursuant to this Agreement. Ratifying Act means the Act that ratifies this Agreement. Relevant LNG Precinct means the LNG Precinct agreed between the Minister and the Joint Venturers pursuant to clause 20. said State means the State of Western Australia. Suspension Period means the period commencing on the Commencement Date and expiring on 31 January 2020. 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. Title Areas means the areas which from time to time during the continuance of this Agreement are the subject of the Petroleum Titles. 2. Interpretation (1) In this Agreement: (a) monetary references are references to Australian currency unless otherwise specifically expressed; (b) power given under any clause other than clause 37 to extend any period or date shall be without prejudice to the power of the Minister under clause 37; (c) clause headings do not affect 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) one gender includes the other gender; (f) a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally; (g) reference to an Act includes the amendments to that Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; (h) reference in this Agreement to any other document includes that document as from time to time added to, varied or amended and notwithstanding any change in the identity of the parties; (i) reference to a clause or schedule is a reference to a clause or schedule to this Agreement, and a reference to a subclause or paragraph is a reference to the subclause of the clause or paragraph of the clause or subclause as the case may be in, or in relation to, which the reference is made; (j) a reference to this Agreement includes the Plan and any recital, schedule or annexure; (k) "including" means "including, but not limited to"; and (l) reference to a "person" includes a body corporate. (2) Nothing in this Agreement shall be construed: (a) to exempt the State or the Joint Venturers from compliance with or to require the State or the Joint Venturers to do anything contrary to any law relating to native title or any lawful obligation or requirement imposed on the State or the Joint Venturers as the case may be pursuant to any law relating to native title; or (b) to exempt the Joint Venturers from compliance with any requirement in connection with the protection of the environment arising out of or incidental to its activities under this Agreement that may be made by or under the Environmental Protection Act, the Contaminated Sites Act, the Petroleum Act (as modified by this Agreement) or the Pipelines Act (as modified by this Agreement); or (c) to exempt the Joint Venturers from compliance with the provisions of the Aboriginal Heritage Act (as modified by this Agreement). 3. Ratification and operation (1) The State shall introduce and sponsor a Bill in the State Parliament of Western Australia prior to 31 December 2012 or such later date as may be agreed between the parties hereto to ratify this Agreement. The State shall endeavour to secure the timely passage of such Bill as an Act. (2) The provisions of this Agreement other than this clause and clauses 1 and 2 will not come into operation until the day after the day on which the Bill referred to in subclause (1) has been passed by the State Parliament of Western Australia and commences to operate as an Act. (3) If by 31 December 2013 the said Bill has not commenced to operate as an Act then, unless the parties hereto otherwise agree, this Agreement will then cease and determine and no party hereto will 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 day after the day on which the said Bill commences to operate as an Act all the provisions of this Agreement will operate and take effect despite any enactment or other law. 4. Initial obligations of the State (1) The State shall subject to the adequate protection of the environment (including flora and fauna) and the land affected (including improvements thereon) arrange for the issue of requisite authority under any one or more of (as determined by the State in its discretion): (a) section 91 of the Land Act; or (b) section 7 of the Pipelines Act; or (c) section 182 of the Land Act, to allow the Joint Venturers to enter upon Crown land within the meaning of the Land Act or the Pipelines Act as the case may be (including, if applicable, land the subject of a pastoral lease but excluding land within a Port or the DBNGP corridor) with plant and equipment to carry out all works to the extent reasonably necessary for the purposes of undertaking its obligations under clause 5(1)(b)(ii). (2) For the purposes of paragraph (c) of subclause (1), section 182 of the Land Act shall apply as if the Domgas Project is a proposed public work for which the Land Act Minister is under that section authorised to take interests in land within the meaning of that section. (3) The Joint Venturers acknowledge that they shall be responsible for obtaining in a form and substance acceptable to the Minister all unconditional and irrevocable consents of each person whose consent the relevant grantor (acting with the concurrence of the Minister) requires for the grant of any requisite authority referred to in subclause (1). 5. Initial obligations of the Joint Venturers (1) The Joint Venturers shall: (a) continue to explore and evaluate the Title Areas in accordance with their obligations under the Petroleum Act (as modified by this Agreement) as holders of the relevant Petroleum Titles; and (b) in addition undertake field and office geological, geophysical, geotechnical, engineering and environmental investigations, appraisals and studies and in due course marketing and finance studies and other matters necessary for them: (i) to prove up sufficient reserves of natural gas within the Title Areas to underpin the establishment and sustained operation of a technically and economically viable Domgas Project; and (ii) subject to subparagraph (i), to finalise and to submit to the Minister the detailed proposals referred to in clause 11. (2) The Joint Venturers shall keep the State fully informed in writing at 6 monthly intervals from the Commencement Date as to the progress and results of their investigations, appraisals, studies and other matters undertaken by them under subclause (1)(b) and supply to the Minister such information in relation thereto as the Minister may request from time to time. (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 subclauses (1) and (2) and any other relevant studies in relation to those subclauses that the Minister may reasonably request the Joint Venturers to undertake. (4) For the purposes of this Agreement in relation to the undertaking or proposed undertaking of the Domgas Project or the LNG Project the Aboriginal Heritage Act applies as if it were modified by: (a) the insertion before the full stop at the end of section 18(1) of the words: "and the expression "the Joint Venturers" means the persons from time to time comprising "the Joint Venturers" in their capacity as such under the agreement made on or about 6 November 2012 between The Honourable Colin James Barnett, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, Buru Energy Limited ACN 130 651 437, Diamond Resources (Fitzroy) Pty Ltd ACN 145 113 177, Diamond Resources (Canning) Pty Ltd ACN 145 113 186 and Mitsubishi Corporation, as varied from time to time, in relation to the use or proposed use of land pursuant to that agreement after and in accordance with approved proposals under that agreement and in relation to the use of that land before any such approval of proposals where the Joint Venturers have the requisite authority to enter upon and so use the land"; (b) the insertion in sections 18(2), 18(4), 18(5) and 18(7) of the words "or the Joint Venturers as the case may be" after the words "owner of any land"; (c) the insertion in section 18(3) of the words "or the Joint Venturers as the case may be" after the words "the owner"; (d) the insertion of the following sentences at the end of section 18(3): "In relation to a notice from the Joint Venturers the conditions that the Minister may specify can as appropriate include, among other conditions, a condition restricting the Joint Venturers' use of the relevant land to after the approval or deemed approval as the case may be under the abovementioned agreement of all the Joint Venturers submitted detailed proposals for the Domgas Project or the LNG Project (as each is defined in the above‑mentioned agreement), as the case may be, or in the case of additional proposals submitted or to be submitted by the Joint Venturers to after the approval or deemed approval under that agreement of such additional proposals, and to the extent so approved." and (e) the insertion in sections 18(2) and 18(5) of the words "or it as the case may be" after the word "he". The Joint Venturers acknowledge that nothing in this subclause nor the granting of any consents under section 18 of the Aboriginal Heritage Act will constitute or be construed as constituting the approval of any proposals submitted or to be submitted by the Joint Venturers under this Agreement or as the grant or promise of any land tenure for the purposes of this Agreement. 6. Community development plan (1) In this clause, the term "community and social benefits" includes: (a) assistance with skills development and training opportunities to promote work readiness and employment for persons living in the north west region of the said State; and (b) regional development activities in the north west region of the said State including partnerships and sponsorships; and (c) contribution to any community projects, town services or facilities having regard to the impact of the Domgas Project or the LNG Project as the case may be on towns or communities in the north west region of the said State. (2) The Joint Venturers acknowledge the need for community and social benefits flowing from this Agreement. (3) The Joint Venturers agree that, prior to the time at which they submit any proposals pursuant to clause 11 and, if required by the Minister, prior to the time at which they submit any proposals pursuant to clauses 13, 21 or 23, they shall: (a) prepare a plan which describes the Joint Venturers' proposed strategies for achieving community and social benefits in connection with the developments proposed; and (b) submit to the Minister the plan prepared pursuant to subclause (3)(a) and confer with the Minister in respect of the plan. (4) The Minister shall within one month after receipt of a plan submitted under subclause (3)(b), either notify the Joint Venturers that the Minister approves the plan as submitted or notify the Joint Venturers of changes which the Minister requires be made to