Nickel (Agnew) Agreement Act 1974 (WA)

Western Australia Nickel (Agnew) Agreement Act 1974 Western Australia Nickel (Agnew) Agreement Act 1974 Contents 1. Short title 1 2. Terms used 1 3. Ratification of the Agreement 1 3A. Ratification of the Variation Agreement 2 3B. Ratification of 2022 variation agreement 2 4. By‑laws 2 First Schedule — Nickel (Agnew) Agreement Second Schedule — Variation Agreement Third Schedule — 2022 variation agreement Notes Compilation table 106 Other notes 106 Defined terms Western Australia Nickel (Agnew) Agreement Act 1974 An Act to ratify an agreement between the State of Western Australia and Western Selcast (Pty) Limited and Mount Isa Mines Limited with respect to the mining and treatment of certain nickel ore reserves. 1. Short title This Act may be cited as the Nickel (Agnew) Agreement Act 1974. 2. Terms used In this Act — 2022 variation agreement means the agreement a copy of which is set out in the Third Schedule; the Agreement means the agreement a copy of which is set out in the First Schedule and includes that agreement as so altered from time to time in accordance with its provisions and, except in section 3, by the Variation Agreement and the 2022 variation agreement; the Joint Venturers has the same meaning as it has in the Agreement; the Variation Agreement means the Variation Agreement a copy of which is set out in the Second Schedule. [Section 2 amended: No. 98 of 1976 s. 2; No. 17 of 2023 s. 4.] 3. Ratification of the Agreement The Agreement is hereby ratified. 3A. Ratification of the Variation Agreement The Variation Agreement is hereby ratified. [Section 3A inserted: No. 98 of 1976 s. 3.] 3B. Ratification of 2022 variation agreement (1) The 2022 variation agreement is ratified. (2) The implementation of the 2022 variation agreement is authorised. (3) Without limiting or otherwise affecting the Government Agreements Act 1979, the 2022 variation agreement operates and takes effect despite any enactment or other law. [Section 3B inserted: No. 17 of 2023 s. 5.] 4. By‑laws The Governor may, on the recommendation of the Joint Venturers, make, alter and repeal by‑laws, in accordance with and for the purposes referred to in clause 18 of the Agreement, and the by‑laws — (a) shall be published in the Gazette; (b) shall take effect and have the force of law from the date they are so published or from a later date fixed by the order making the by‑laws; (c) may prescribe penalties not exceeding $100 for a breach of any of the by‑laws; (d) are not subject to section 36 of the Interpretation Act 1918 1, but shall be laid before each House of Parliament within the 6 sitting days of such House next following the publication of the by‑laws in the Gazette. [Heading deleted: No. 19 of 2010 s. 42(2).] First Schedule — Nickel (Agnew) Agreement [s. 2] [Heading amended: No. 19 of 2010 s. 4.] THIS AGREEMENT made this 21st day of November, 1974 BETWEEN THE HONOURABLE SIR CHARLES WALTER MICHAEL COURT, O.B.E., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the one part and WESTERN SELCAST (PTY) LIMITED a company incorporated under the Companies Act 1961 of the State of New South Wales and registered in the State of Western Australia as a foreign company and having its registered office at 50 St George's Terrace Perth and MOUNT ISA MINES LIMITED a company incorporated under the Companies Act 1961 of the State of Queensland and registered in the State of Western Australia as a foreign company and having its registered office at 220 St George's Terrace Perth (hereinafter collectively called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns and appointees) of the other part. WHEREAS: (a) the Joint Venturers have established the existence of nickel ore reserves within the mining areas hereinafter defined and have carried out certain investigations relating inter alia to the mining and treatment of that ore and the sale of nickel containing products; (b) the Joint Venturers desire to develop such nickel ore reserves and to establish in the Agnew area mining concentrating and smelting facilities and associated works; (c) the Joint Venturers intend to investigate the technical and economic feasibility of establishing a refinery within the said State. NOW THIS AGREEMENT WITNESSETH: Definitions 2 1. In this Agreement subject to the context — "apply", "approve", "approval", "consent", "certify", "direct", "notify", "request" or "require" means apply, approve, approval, consent, certify, direct, notify, request or require in writing as the case may be; "associated company" means — (a) any company or corporation providing for the purposes of this Agreement capital of not less than Two Million Dollars ($2 000 000) which is incorporated or formed within the United Kingdom the United States of America or Australia or such other country as the Minister may approve and which — (i) is promoted by the Joint Venturers or any of them for all or any of the purposes of this Agreement and in which the Joint Venturers or any of them or some other company or corporation acceptable to the Minister hold not less than a twenty five per cent (25%) interest or some lesser interest acceptable to the Minister; or (ii) is related within the meaning of that term as used in section 6 of the Companies Act 1961, as at present in force to either of the Joint Venturers or to any company in which the Joint Venturers or any of them or some other company or corporation acceptable to the Minister held not less than twenty five per cent (25%) of the issued ordinary share capital; and (iii) is notified to the Minister by the Joint Venturers or any of them as being such a company; (b) any company or corporation approved in writing by the Minister; "associated works" means and includes mine development the installation of mining plant mining equipment and plant for the treatment of ore as hereinafter defined or any derivative thereof, works for the provision of electricity, water, roads, communications, transportation and the construction of housing and communal and other facilities for the proper and reasonable accommodation health and recreation of workers employed by the Joint Venturers and of contractors engaged in carrying out the Joint Venturers' operations 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; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "Land Act" means the Land Act 1933; "matte" means a smelter product containing principally nickel with other elements in varying proportions; "mineral claim" means a mineral claim granted pursuant to regulations made under the Mining Act or any mining right (other than a mineral lease) granted in substitution therefor under any amendment to the Mining Act or any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; "mineral lease" means the mineral lease referred to in Clause 15 and includes any renewal thereof and according to the requirements of the context shall describe the area of land demised as well as the instrument by which it is demised; "Mining Act" means the Mining Act 1904; "mining areas" means the areas delineated and coloured red (hereinafter called "the red areas") on the plan marked "A" (initialled by or on behalf of the parties hereto for the purposes of identification) over which the Joint Venturers as at the date hereof hold mineral leases, together with such of the areas delineated and coloured yellow (hereinafter called "the yellow areas") on the said plan over which mineral claims may at any time (whether before or after the commencement of this Agreement) prior to application being made by the Joint Venturers for a mineral lease be granted to the Joint Venturers by the Minister for Mines or transferred to the Joint Venturers with the approval of that Minister; "Minister" means the Minister in the Government of the State for the time being responsible (under whatsoever title) for the administration of the Ratifying Act and pending the passing of the 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; "nickel concentrates" means concentrates obtained by treating ore as hereinafter defined; "nickel‑containing products" means nickel concentrates, matte, nickel metal and any other nickel‑containing product; "nickel metal" means the metallic product obtained by refining nickel concentrates or matte; "notice" means notice in writing; "ore" means nickeliferous ore from the mineral lease; "person" or "persons" includes bodies corporate; "private road" means a road (not being a public road) which is either constructed by the Joint Venturers in accordance with their proposals as approved by the Minister hereunder or agreed by the parties to be a private road for the purposes of this Agreement; "production date" means the date when the Joint Venturers first commence to concentrate ore; "public road" means a road as defined by the Traffic Act 1919; "Public Works Act" means the Public Works Act 1902; "Railways Commission" means the Western Australian Government Railways Commission established pursuant to the Government Railways Act 1904; "Ratifying Act" means the Act to ratify this Agreement and referred to in Clause 4; "refinery" means a refining plant in which nickel concentrates or matte are treated to produce nickel metal; "said State" means the State of Western Australia; "smelter" means a smelter plant or any other plant in which matte or nickel‑containing smelter products are produced from ore or nickel concentrates; "State Electricity Commission" means the State Electricity Commission of Western Australia established pursuant to the State Electricity Commission Act 1945; "this Agreement" "hereof" and "hereunder" refers to this Agreement whether in its original form or as from time to time added to varied or amended; "town" means the town to be developed by the Joint Venturers as the principal housing area for their mine workforce with the approval of the State and may include an existing town; "townsite" means the site on which the town is to be situated; "Yakabindie Homestead" means the homestead existing at the date of this Agreement situated on Pastoral Lease No 3114/649; Interpretation 2 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 33 to extend any period or date shall be without prejudice to the power of the Minister under Clause 33; (c) marginal notes do not affect the interpretation or construction 2; and (d) reference to an Act unless otherwise specifically expressed 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 in force thereunder. Initial obligations of the State 2 3. The State shall — (a) introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act prior to the 31st day of December, 1974; and (b) to the extent reasonably necessary for the purposes of this agreement allow the Joint Venturers to enter upon Crown lands (including, if applicable, land the subject of a pastoral lease). Ratification and operation 2 4. (1) The provisions of this Agreement other than this Clause and Clauses 1, 2 and 3 shall not come into operation until the Bill referred to in Clause 3 has been passed by the Parliament of Western Australia and comes into operation as an Act. (2) If before the 31st day of December, 1974 the said Bill has not commenced to operate as an Act this Agreement will, unless the parties hereto otherwise agree, then cease and determine and neither of the parties hereto will have any claim against the other of them with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement. (3) On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law. Initial obligations of the Joint Venturers 2 5. (1) The Joint Venturers shall continue their field and office engineering studies and market and finance studies and other matters necessary including an environmental impact study to enable them to finalise and to submit to the Minister the detailed proposals and other matters referred to in subclauses (1) and (4) of Clause 6. (2) The Joint Venturers shall keep the State fully informed in writing at least quarterly as to the progress and results of the Joint Venturers' operations under subclause (1) of this Clause. The first quarterly report shall be lodged during the month of July, 1975 and shall be in respect of the quarter ending on the 30th day of June, 1975 and thereafter the quarterly reports shall be in respect of the quarter ending on the last day of the month preceding the month in which they are lodged. (3) The Joint Venturers shall co‑operate with the State and consult with the representatives or officers of the State regarding matters referred to in subclause (1) of this Clause. Joint Venturers to submit Proposals 2 6. (1) On or before the 31st day of December 1975 (or thereafter within such extended time as the Minister may allow as hereinafter provided) the Joint Venturers shall submit to the Minister to the fullest extent reasonably practicable their detailed proposals (which proposals shall include plans where practicable and specifications where reasonably required by the Minister) for a mining and treatment project with a capacity to produce not less than one million (1 000 000) tonnes of ore per year and the transport and shipment through a port within the said State of nickel‑containing products and for making provision for the necessary work force and associated population required to enable the Joint Venturers to mine ore and to process it at the Joint Venturers' plant in the Agnew area or at such other site or sites as the parties hereto may agree, and including 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 each of the following matters; namely — (a) the mining, concentrating and smelting of ore; (b) roads; (c) railways; (d) facilities for the export of nickel‑containing products through a port in the said State; (e) water supply; (f) townsite and town including housing, provision of utilities and services and associated facilities; (g) power generation and distribution; (h) any other works, services or facilities desired by the Joint Venturers; (i) any leases, licences or other tenures of land required from the State; (j) airport; and (k) measures to be taken for the protection management and rehabilitation of the environment. Order of Proposals 2 (2) The proposals may with the approval of the Minister and shall if so required by the State be submitted separately and in any order as to the matter or matters mentioned in one or more of paragraphs (a) to (k) of subclause (1) of this Clause. Use of existing infrastructure 2 (3) The proposals relating to any of the matters mentioned in subclause (1) of this Clause may with the approval of the Minister and that of any third parties concerned instead of providing for the construction of new facilities of the kind therein mentioned provide for the use by the Joint Venturers upon reasonable terms and conditions of any existing facilities of such kind. Marketing and financial arrangements 2 (4) At the time when the Joint Venturers submit the said proposals they shall furnish to the State's satisfaction evidence of — (a) marketing arrangements demonstrating the Joint Venturers' ability to profitably sell or use nickel‑containing products or a substantial proportion thereof in accordance with the said proposals; (b) the availability of finance necessary for the fulfilment of the operations to which the said proposals refer; and (c) the readiness of the Joint Venturers to embark upon and proceed to carry out the operations referred to in the said proposals. Extension of time for financing and marketing 2 (5) If the Joint Venturers for any reason desire an extension of time beyond the said 31st day of December, 1975 within which to comply with the requirements of subclause (4) of this clause they may make a request therefor to the Minister not earlier than the 1st day of October, 1975 or later than the 30th day of November, 1975 and with such request shall supply the Minister with details of their endeavours to comply with those requirements. If the Minister is satisfied that such endeavours are reasonable in the circumstances and that the Joint Venturers have otherwise duly complied with their obligations hereunder the Minister shall grant an extension of such time for a period of twelve (12) months. Consideration of Proposals 2 7. (1) On receipt of the said proposals 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 6 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. Advice of Minister's decision 2 (2) The Minister shall within two months after receipt of the said proposals give notice to the Joint Venturers of his decision in respect to the same. Consultation with Minister 2 (3) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) of this Clause the Minister shall afford the Joint Venturers full opportunity to consult with him and should they so desire to submit new or revised proposals either generally or in respect to some particular matter. Minister's decision subject to arbitration 2 (4) If the decision of the Minister is as mentioned in the said paragraph (c) and the Joint Venturers consider that the condition precedent is unreasonable the Joint Venturers within two months after receipt of the notice mentioned in subclause (2) of this Clause may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the condition precedent. Arbitration Award 2 (5) An award made on an arbitration pursuant to subclause (4) of this Clause shall have force and effect as follows — (a) if by the award the dispute is decided against the Joint Venturers then unless the Joint Venturers within three (3) months after delivery of the award give notice to the Minister of their acceptance of the award this Agreement shall on the expiration of that period of three (3) months cease and determine; or (b) if by the award the dispute is decided in favour of the Joint Venturers the decision shall take effect as a notice by the Minister that he is so satisfied with and approves the matter or matters the subject of the arbitration. Effect of non-approval of Proposals 2 (6) Notwithstanding that under subclause (1) of this Clause any detailed proposals of the Joint Venturers are approved by the Minister or determined by arbitration award, unless each and every such proposal and the other matters referred to in subclause (4) of this Clause are so approved or determined by the 28th day of February, 1977 or by such extended date if any as the Joint Venturers shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Joint Venturers twelve (12) months notice of intention to determine this Agreement and unless before the expiration of the said twelve (12) months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 35. Additional Proposals 2 8. (1) If the Joint Venturers at any time during the continuance of this Agreement desire to modify expand or otherwise vary their activities beyond those specified in any approved proposals they shall give notice of such desire to the Minister and within two (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 (k) of subclause (1) of Clause 6 as the Minister may require. The provisions of Clauses 6 and 7 where applicable shall mutatis mutandis apply to detailed proposals submitted pursuant to this subclause. Determination of extent of Joint Venturers' obligations 2 (2) The extent of the Joint Venturers' responsibilities under Clause 18 to provide the capital cost of and to maintain any increased or additional services and facilities of the kind mentioned in subclause (1) of that Clause occasioned by the additional proposals or any of them becoming approved proposals shall be determined by the Minister after discussion and negotiation on such matters with the Joint Venturers and in making such determination the Minister shall have regard inter alia to the current and anticipated composition of the town and the extent to which the ordinary responsibilities of the State with respect to the provision of the capital cost of such services and facilities are to be assumed by the State in the light of the State's current capital resources at that time. Construction of works 2 9. The Joint Venturers shall in accordance with their proposals as finally approved under Clause 7 within six (6) months next following the date of such approval commence the construction of the works referred to in such proposals and will complete all such works within three (3) years of their commencement except as otherwise specified in such proposals. Use of local professional services labour and materials 2 10. (1) The Joint Venturers shall for the purposes of this Agreement as far as it is reasonable and economically practicable — (a) use the services of engineers, surveyors, architects and other professional consultants resident and available within the said State; (b) use labour available within the said State; (c) when calling for tenders and letting contracts for works materials plant equipment and supplies ensure that Western Australian suppliers manufacturers and contractors are given 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 from time to time during the currency of this Agreement when requested by the Minister submit a report concerning their implementation of the provisions of subclause (1) of this Clause. Roads 2 11. (1) The Joint Venturers shall — (a) be responsible for the provision of finance for and the construction in maintenance of all private roads which shall be used in their operations hereunder; (b) at their cost make such provision as shall ensure that all persons and vehicles (other than those engaged upon the Joint Venturers' operations and their invitees and licencees) are excluded from use of any such private roads; and (c) at any place where such private roads are constructed by the Joint Venturers as to cross any railways or public roads provide adequate grade separation or such other reasonable protection as may be required by the Commissioner of Main Roads or Railways Commission as the case may be. Public Roads to be constructed by the State 2 (2) The State shall construct or cause to be constructed new public roads suitable for the Joint Venturers' operations hereunder in accordance with the requirements of the Commissioner of Main Roads as follows — (a) an unsealed road from Leonora extending to a point (to be agreed between the parties) near the Yakabindie Homestead (in this Clause called "the Leonora‑Yakabindie road"). That part of the Leonora‑Yakabindie road from Leonora to the turn‑off to the minesite (in this Clause called "the turn‑off") shall be sealed by the State to a width of not less than seven decimal three (7.3) metres within two (2) years of the date of completion of construction. That part of the Leonora‑Yakabindie road from the turn‑off to the Yakabindie Homestead shall be constructed to a standard similar to the existing Leonora‑Wiluna main road. The Joint Venturers shall pay to the State at the times and in the manner required by the State one half of the cost of the construction (including investigation survey and design) of the Leonora‑Yakabindie road and one half of the cost of the sealing referred to in this paragraph; (b) an unsealed road connecting the turn‑off with the townsite. Such road shall be sealed by the State to a width of not less than seven decimal three (7.3) metres within two (2) years of the date of completion of its construction. The Joint Venturers shall pay to the State at the times and in the manner required by the State one half of the cost of the construction (including investigation survey and design) and sealing of such road; (c) an unsealed road connecting a point to be agreed on the Leonora‑Yakabindie road to a point to be agreed on the existing Leonora‑Wiluna road. The Joint Venturers shall pay to the State at the times and in the manner required by the State one half of the cost of the construction (including investigation survey and design) of the road. Such road shall be constructed to a standard similar to the existing Leonora‑Wiluna road. The State shall use its best endeavours to complete the construction of the roads referred to in this subclause by the date that the Joint Venturers' mining and treatment plant comes into operation. Public road to be constructed by the Joint Venturers 2 (3) The Joint Venturers shall investigate survey design and construct or cause to be constructed a new sealed public road suitable for their operations hereunder in accordance with the requirements of the Commissioner of Main Roads to connect the minesite with the townsite and shall provide or arrange the finance therefor. Maintenance of public roads 2 (4) The State shall maintain or cause to be maintained public roads over which it has control (and which may be used by the Joint Venturers) to a standard similar to comparable public roads maintained by the State. In the event that the Joint Venturers' road haulage operations require the use of a public road which is inadequate for the purpose, or results in excessive damage or deterioration of any public road (other than fair wear and tear) the Joint Venturers shall pay to the State the whole or part of the total cost of any upgrading required or of making good the damage or deterioration as may be reasonably required by the Commissioner of Main Roads. Liability 2 (5) The parties hereto further covenant and agree with each other that — (a) for the purposes of determining whether and the extent to which — (i) the Joint Venturers are liable to any person or body corporate (other than the State); or (ii) an action is maintainable by any such person or body corporate in respect of the death or injury of any person or damage to any property arising out of the use of any of the roads for the maintenance of which the Joint Venturers are responsible hereunder and for no other purpose the Joint Venturers shall be deemed to be a municipality and the said roads shall be deemed to be streets under the care control and management of the Joint Venturers; and (b) for the purposes of this Clause the terms "municipality" "street" and "care control and management" shall have the meanings which they respectively have in the Local Government Act 1960. (6) Notwithstanding anything hereinbefore contained in this Clause and without limiting the Joint Venturers' obligations under subclause (4) of this Clause the Joint Venturers shall not be or be deemed to be liable for the maintenance of any public road except when such road is within the town and the Joint Venturers have an obligation to maintain that road pursuant to the provisions of Clause 18. (7) Any contribution made by the Joint Venturers to the State pursuant to the provisions of subclause (4) of this Clause shall not be deemed to be a responsibility for road maintenance under this Agreement. Railway 2 12. (1) Subject to the by‑laws made under the Government Railways Act 1904 (insofar as those by‑laws are not inconsistent with this Agreement) and subject to the provisions of this Clause the Joint Venturers shall in accordance with their approved proposals consign at their own risk, and the State shall cause the Railways Commission to transport, by rail, all the Joint Venturers' requirements of — Nickel-containing Products 2 (a) nickel‑containing products from the railhead at Leonora to any processing plant port or ports in a location approved by the Minister; (b) nickel‑containing products between the mining areas and Leonora in the event of a railway being constructed between those places; and (c) insofar as practicable all other bulk commodities required for the Joint Venturers' operations hereunder. Other Commodities 2 (2) The Joint Venturers may at their election transport either by road or by rail all commodities other than those referred to in subclause (1) of this Clause required for their operations hereunder between Kalgoorlie and the mining areas PROVIDED THAT the Railways Commission shall not be required to accept rail freight in less than full wagon loads. Road Licences 2 (3) Where the Joint Venturers elect to transport commodities by road pursuant to subclause (2) of this Clause the Commissioner of Transport shall issue licences for road carriage upon request by the Joint Venturers and upon payment of the licence fees prescribed by him under the Transport Commission Act 1966. (4) The Joint Venturers shall pay to the State as advance payment of freight rates payable under subclause (10) of this Clause, the amount of One million dollars ($1 000 000) by an instalment of Three hundred thousand dollars ($300 000) by not later than the end of the year in which construction of the works referred to in Clause 9 commences and a further instalment of Seven hundred thousand dollars ($700 000) by not later than the end of the next succeeding year. New Railway 2 (5) In the event of the State electing to construct a railway between Leonora and the mining areas to enable the Railways Commission to transport the Joint Venturers' rail freight in the course of their operations hereunder the Joint Venturers shall pay to the State a sum or sums to be agreed between the parties towards the cost of providing such railway (including all necessary land acquisitions, loops, spurs, sidings, crossings, points, bridges and other works and appurtenances and if required by the Railways Commission additional rolling stock). Upgrading 2 (6) The State shall complete the upgrading of the existing railway line between Leonora and Kalgoorlie by not later than the production date to achieve a capacity to enable the Railways Commission to transport nickel‑containing products at a quantity of not less than fifty thousand (50 000) tonnes per annum and all other bulk commodities as required by the Joint Venturers for their operations hereunder. Other facilities 2 (7) The Joint Venturers shall pay or arrange finance for the provision and maintenance of such sidings, shunting loops, spurs and other connections as are required solely for their operations hereunder and the provision and maintenance of loading and unloading facilities sufficient to meet tra