Ord River Hydro Energy Project Agreement Act 1994 (WA)

Western Australia Ord River Hydro Energy Project Agreement Act 1994 Western Australia Ord River Hydro Energy Project Agreement Act 1994 Contents ‑1. Short title 1 2. Commencement 1 3. Interpretation 1 4. Agreement ratified and implementation authorised 1 Schedule 1 — Ord River Hydro Energy Project Agreement Notes Compilation table 38 Defined terms Western Australia Ord River Hydro Energy Project Agreement Act 1994 An Act to ratify, and authorise the implementation of, an agreement between the State and Pacific Hydro Group Two Pty. Ltd., Pacific Hydro Group Three Pty. Ltd. and Pacific Hydro Group Four Pty. Ltd. and Pacific Hydro Limited in relation to the development of a hydro electric power station at Lake Argyle and transmission lines to the Argyle diamond mine and Kununurra. 1. Short title This Act may be cited as the Ord River Hydro Energy Project Agreement Act 1994 1. 2. Commencement This Act comes into operation on the day on which it receives the Royal Assent 1. 3. Interpretation In this Act, unless the contrary intention appears — the Agreement means the Ord River Hydro Energy Project Agreement, a copy of which is set out in Schedule 1, and includes the Agreement as varied from time to time in accordance with its provisions. 4. Agreement ratified and implementation authorised (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 operates and takes effect despite any other Act or law. Schedule 1 — Ord River Hydro Energy Project Agreement [s. 3] [Heading amended: No. 19 of 2010 s. 4.] ORD RIVER HYDRO ENERGY PROJECT AGREEMENT INDEX 2 Page 1. Definitions 5 2. Interpretation 8 3. Initial obligation of the State 8 4. Ratification and operation 8 5. Initial obligations of the Partnership 9 6. Lands for works 9 7. (1) Partnership to submit proposals 10 (2) Order of proposals 12 (3) Use of existing infrastructure 12 (4) Additional submissions 12 8. (1) Consideration of proposals 12 (2) Advice of Minister's decision 13 (3) Consultation with Minister 13 (4) Minister's decision subject to arbitration 13 (5) Arbitration award 14 (6) Effect of non‑approval of proposals 14 (7) Implementation of proposals 14 9. Extension or termination of Agreement 15 10. Additional proposals 15 11. (1) Land tenures 16 (2) Modification of Land Act 16 (3) Stone sand clay and gravel 17 12. Use of local labour professional services and materials 17 13. Protection and management of the environment 19 14. Electricity Act 19 15. (1) Roads — Private roads 20 (2) Maintenance of public roads 21 (3) Upgrading of public roads 21 (4) Acquisition of private roads 21 16. Water 21 17. Sales to State Energy Commission 21 18. Training levy exemption 22 19. Zoning 22 20. Rating 22 21. No discriminatory rates 22 22. No resumption 23 23. Resumption for the purposes of this Agreement 23 24. Assignment 24 25. Variation 25 26. Force majeure 25 27. Power to extend periods 26 28. Determination of Agreement 26 29. Effect of cessation or determination of Agreement 27 30. Environmental protection 28 31. Water Supply Agreement 28 32. Indemnity 29 33. Commonwealth licences and covenants 29 34. Subcontracting 30 35. Stamp duty exemption 30 36. Arbitration 30 37. Consultation 31 38. Notices 31 39. Term of Agreement 32 40. Joint and several 32 41. Guarantee 32 42. Applicable law 32 THIS AGREEMENT is made the 26th day of October 1994 B E T W E E N: THE HONOURABLE RICHARD FAIRFAX COURT, B.Com., 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 PACIFIC HYDRO GROUP TWO PTY. LTD. ACN 061 436 815 a company incorporated in the State of Victoria, PACIFIC HYDRO GROUP THREE PTY. LTD. ACN 064 817 438 a company incorporated in the Australian Capital Territory and PACIFIC HYDRO GROUP FOUR PTY. LTD. ACN 064 817 518 a company incorporated in the Australian Capital Territory each of the companies has its principal office at Suite 4, 1st Floor, 651 Canterbury Road, Surrey Hills, Victoria (hereinafter collectively called "the Partnership" in which term shall be included the successors and permitted assigns of the parties comprising the Partnership) of the second part and PACIFIC HYDRO LIMITED ACN 057 279 508 a company incorporated in the State of Victoria and having its principal office at Suite 4, 1st Floor, 651 Canterbury Road, Surrey Hills aforesaid (hereinafter called "the Guarantor") of the third part. W H E R E A S: (a) for the purpose of providing electricity to the operations carried on pursuant to the Argyle Diamond Agreement (as hereinafter defined) and the Argyle Tourist Village and facilitating access by the State Energy Commission of Western Australia to electricity the Partnership intends to develop a hydro electric power station of at least 30 megawatts at Lake Argyle, a 132 kilovolt high voltage transmission line from the power station to the Argyle diamond mine and a 132 kilovolt transmission line from the power station to Kununurra; (b) the State, for the purpose of promoting employment opportunity and industrial development in Western Australia, has agreed to assist the establishment and operation of the said works upon and subject to the terms of this Agreement. NOW THIS AGREEMENT WITNESSES: Definitions 1. In this Agreement subject to the context — "advise", "apply", "approve", "approval", "consent", "certify", "direct", "notify", "request", or "require", means advise, apply, approve, approval, consent, certify, direct, notify, request, or require in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning; "approved proposal" means a proposal approved or deemed to be approved under this Agreement; "Argyle Diamond Agreement" means the Agreement (as amended from time to time) ratified by the Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981; "Argyle facilities" means a system for the transmission of electricity from the power station to the Argyle mining area, as defined in the Argyle Diamond Agreement, by way of a 132 kilovolt high voltage transmission line and transformation to mine distribution voltage; "Clause" means a clause of this Agreement; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "Electricity Act" means the Electricity Act 1945; "EP Act" means the Environmental Protection Act 1986; "Kununurra facilities" means a system for the transmission of electricity from the power station to Kununurra by way of a 132 kilovolt high voltage transmission line and transformation to State Energy Commission distribution voltage; "Land Act" means the Land Act 1933; "laws relating to traditional usage" means laws applicable from time to time in Western Australia in respect of rights or entitlements to or interests in land or waters which rights, entitlements or interests are acknowledged, observed or exercisable by Aboriginal persons (whether communally or individually) in accordance with Aboriginal traditions, observances, customs or beliefs; "local authority" means the council of a municipality that is a city, town or shire constituted under the Local Government Act 1960; "Minister" means the Minister in the Government of the State for the time being responsible for the administration of the Act to ratify this Agreement and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Partnership and includes the successors in office of the Minister; "Minister for Lands" means the Minister in the Government of the State for the time being responsible for the administration of the Land Act; "month" means calendar month; "notice" means notice in writing; "Partnership's workforce" means the persons (and the dependents of those persons) engaged whether as employees, agents or contractors in the construction and operation of the power station, the Argyle facilities and the Kununurra facilities; "person" or "persons" includes bodies corporate; "power station" means a hydro electric power station with a nominal total installed capacity of at least 30 megawatts; "power station site" means the land for the site for the power station agreed between the Minister and the Partnership pursuant to Clause 6; "private roads" means the roads referred to in subclause (1) of Clause 15 and any other roads constructed by the Partnership in accordance with an approved proposal or agreed by the parties to be a private road for the purposes of this Agreement; "project" means the power station, the Argyle facilities and the Kununurra facilities; "public road" means a road as defined by the Road Traffic Act 1974; "Rights in Water and Irrigation Act" means the Rights in Water and Irrigation Act 1914; "Public Works Act" means the Public Works Act 1902; "said State" means the State of Western Australia; "State Energy Commission" means The State Energy Commission of Western Australia as described in section 7 of the State Energy Commission Act 1979 and includes any successor of the State Energy Commission engaged in the supply of electrical power; "State Energy Commission Act" means the State Energy Commission Act 1979; "subclause" means subclause of the Clause in which the term is used; "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; "Water Authority" means the Water Authority of Western Australia established pursuant to section 4 of the Water Authority Act; "Water Authority Act" means the Water Authority Act 1984; "Water Supply Agreement" means an agreement between the Water Authority and the Partnership for the provision of water to the power station which is approved by the Minister for the purpose of Clause 31. Interpretation 2. In this Agreement — (a) monetary references are references to Australian currency unless otherwise specifically expressed; (b) power given under any clause other than Clause 27 to extend any period or date shall be without prejudice to the power of the Minister under Clause 27; (c) clause headings do not affect the interpretation or construction; (d) words in the singular shall include the plural and words in the plural shall include the singular according to the requirements of the context; (e) one gender includes the other genders; and (f) 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. Initial obligation of the State 3. 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 31 December 1994 or such later date as may be agreed between the parties hereto. Ratification and operation 4. (1) The provisions of this Agreement other than this Clause and Clauses 1, 2 and 3 shall not come into operation unless and until the Bill referred to in Clause 3 has been passed as an Act before 31 December 1994 or such later date (if any) as the parties hereto agree upon. (2) If before 31 December 1994 or such later agreed date the said Bill has not commenced to operate as an Act then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party 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 Partnership 5. (1) The Partnership shall continue its field and office engineering, environmental, market and finance studies and other matters necessary for the purposes of Clause 6 and to enable it to finalise and to submit to the Minister the detailed proposals referred to in Clause 7. (2) The Partnership shall keep the State fully informed in writing quarterly as to the progress and results of its activities under subclause (1). (3) The Partnership 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 wish to undertake. (4) The State shall subject to the adequate protection of the environment (including flora and fauna) and the land affected (including improvements thereon) and laws relating to traditional usage allow the Partnership to enter upon Crown lands (including land the subject of a pastoral lease) to the extent reasonably necessary for the purpose of undertaking its obligations under this Clause. Lands for works 6. (1) As soon as practicable during its studies under Clause 5, and from time to time during those studies as required by either of the Partnership or the Minister, the Partnership shall meet with the Minister to seek agreement on the power station site and on routes for the Argyle facilities and the Kununurra facilities and the lands required for those facilities. In seeking such agreement, regard shall be had to achieving a balance between engineering matters including the costs of the works, the nature and use of any lands concerned and interests therein and the cost to both the Partnership and the State of acquiring the land. (2) Where the Minister and the Partnership propose to reach agreement on any such lands (which may include alternative lands), the Minister shall refer the lands proposed to the Minister for Lands and the Minister for Lands shall act in relation to any such reference in accordance with Part IA of the Land Act, and the provisions of that Part shall apply to the reference, as if the reference were a proposal that the land be disposed of under that Act. (3) Forthwith after sections 27A to 27G of the Land Act have been complied with, the Minister for Lands shall advise the Minister whether he would or would not be prepared to dispose under the Land Act of the land the subject of the reference for the purposes of the power station site, the Argyle facilities or the Kununurra facilities as the case may be. (4) If the advice of the Minister for Lands pursuant to subclause (3) is that he would not be prepared to dispose of any land the subject of a reference under subclause (2) then the Partnership and the Minister shall seek to agree on other land for the purposes of this Agreement. The provisions of subclauses (1), (2), and (3) and this subclause shall apply to any such other land proposed to be agreed between the Partnership and the Minister. (5) Where pursuant to subclause (3) or (4) the Minister for Lands has advised that he would be prepared to dispose of land under the Land Act in respect of a proposed route, the power station site, the Argyle facilities or the Kununurra facilities, section 7A of that Act shall not apply to any application by the Partnership pursuant to Clause 11 for that land and section 33E of the Public Works Act shall not apply to a subsequent setting apart or taking pursuant to the Public Works Act or this Agreement of that land. (6) Notwithstanding anything herein contained if the power station site and the routes for the Argyle facilities and the Kununurra facilities and the lands required for those facilities have not been agreed between the Minister and the Partnership by 31 March 1995 then unless the Minister and the Partnership otherwise agree this Agreement shall on that date cease and determine and no party hereto shall have any claim against any other party with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement. Partnership to submit proposals 7. (1) Subject to and in accordance with the EP Act, the laws relating to traditional usage and the provisions of this Agreement the Partnership shall within 6 months of the date of agreement on the lands for the project pursuant to Clause 6 submit to the Minister to the fullest extent reasonably practicable its detailed proposals (including plans where practicable and specifications where reasonably required by the Minister and any other details normally required by the local authority in which area any of the works are to be situated and by the State Energy Commission in relation to electricity generating or transmission works) with respect to the establishment and operation of the project and shall include the location in accordance with Clause 6, 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 power station site and routes for the electricity transmission lines and any leases, licences or easements of land required from the State; (b) the power station and ancillary works and facilities; (c) the spillway weir; (d) the stilling pond; (e) the switching station; (f) the Argyle facilities; (g) the Kununurra facilities; (h) the provision of electricity to the Argyle Tourist Village; (i) interconnection facilities; (j) roads serving the power station, the Argyle facilities and the Kununurra facilities; (k) accommodation and ancillary facilities for the Partnership's workforce on or in the vicinity of the power station site and housing or other appropriate accommodation and facilities generally for the Partnership's workforce; (l) water supply; (m) any other works, services or facilities desired by the Partnership; (n) use of local labour professional services manufacturers suppliers contractors and materials; and (o) an environmental management programme as to measures to be taken in respect of the Partnership's activities under this Agreement for rehabilitation and the protection and management of the environment. Order of proposals (2) Each of the proposals pursuant to subclause (1) may with the approval of the Minister or if so required by him be submitted separately and in any order as to the matter or matters mentioned in one or more of paragraphs (a) to (o) of subclause (1). Use of existing infrastructure (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 other than the power station, the Argyle facilities and the Kununurra facilities provide for the use by the Partnership upon reasonable terms and conditions of any existing facilities of such kind. Additional submissions (4) At the time when the Partnership submits the said proposals it shall submit to the Minister details of any services (including any elements of the project investigations design and management) and any works materials plant equipment and supplies that it proposes to consider obtaining from or having carried out or permitting to be obtained from or carried out outside Australia together with its reasons therefor and shall, if required by the Minister, consult with the Minister with respect thereto. Consideration of proposals 8. (1) Subject to the EP Act and laws relating to traditional usage, in respect of each proposal pursuant to subclause (1) of Clause 7 the Minister shall — (a) approve of the proposal without qualification or reservation; or (b) defer consideration of or decision upon the same until such time as the Partnership submits a further proposal or proposals in respect of some other of the matters mentioned in subclause (1) of Clause 7 not covered by the said proposal; or (c) require as a condition precedent to the giving of his approval to the said proposal that the Partnership makes 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 Partnership 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 alterations or conditions, PROVIDED ALWAYS that where implementation of any proposals hereunder have been approved pursuant to the EP Act subject to conditions or procedures, any approval or decision of the Minister under this Clause shall if the case so requires incorporate a requirement that the Partnership make such alterations to the proposals as may be necessary to make them accord with those conditions or procedures. Advice of Minister's decision (2) The Minister shall within two months after receipt of proposals pursuant to subclause (1) of Clause 7 or where the proposals are to be assessed under section 40(1)(b) of the EP Act or where laws relating to traditional usage apply then within two months after service on him of an authority under section 45(7) of the EP Act or satisfaction of the requirements under laws relating to traditional usage (as the case may be) give notice to the Partnership of his decision in respect to the proposals. Consultation with Minister (3) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) the Minister shall afford the Partnership full opportunity to consult with him and should it so desire to submit new or revised proposals either generally or in respect to some particular matter. Minister's decision subject to arbitration (4) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) and the Partnership considers that the decision is unreasonable the Partnership within two months after receipt of the notice mentioned in subclause (2) may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the decision PROVIDED THAT any requirement of the Minister pursuant to the proviso to subclause (1) shall not be referable to arbitration hereunder. Arbitration award (5) An award made on an arbitration pursuant to subclause (4) shall have force and effect as follows — (a) if by the award the dispute is decided against the Partnership then unless the Partnership within 3 months after delivery of the award gives notice to the Minister of its acceptance of the award this Agreement shall on the expiration of that period of 3 months cease and determine and neither the State nor the Partnership shall 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; or (b) if by the award the dispute is decided in favour of the Partnership the decision shall take effect as (and be deemed to be) a notice by the Minister that he is so satisfied with and approves the matter or matters the subject of the arbitration. Effect of non‑approval of proposals (6) Notwithstanding that under subclause (1) any proposals of the Partnership are approved by the Minister or deemed to be approved as a consequence of an arbitration award, unless each and every such proposal and matter is so approved or deemed to be approved within 12 months of the date for submission of proposals pursuant to subclause (1) of Clause 7 or by such extended date or period if any as the Partnership shall be granted or be entitled to pursuant to the provisions of this Agreement then the Minister may give to the Partnership 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or deemed to be approved this Agreement shall cease and determine subject however to the provisions of Clause 29. Implementation of proposals (7) Subject to and in accordance with the EP Act and any approvals and licences required under that Act and laws relating to traditional usage the Partnership shall implement the approved proposals in accordance with the terms thereof so that each of the power station, the Argyle facilities and the Kununurra facilities is constructed within 2 years of the final approval of the proposals. For the purpose of this subclause, the power station, the Argyle facilities and the Kununurra facilities shall be deemed to be constructed when they are able to be used for the purposes for which they were built. Extension or termination of Agreement 9. (1) The periods set forth in subclause (1) of Clause 7 and subclauses (6) and (7) of Clause 8 will be extended (in addition to any extension granted pursuant to Clause 26 or 27) upon request of either the Partnership or the State for such reasonable period or periods as may be necessary from time to time to enable either of the parties hereto to comply with laws relating to traditional usage. (2) If either the Partnership or the State considers the development of the project should not proceed having regard to matters arising out of laws relating to traditional usage or by reason of claims or objections lodged under laws relating to traditional usage, that party shall consult with the other in regard thereto. Subject to such consultation, either party may at any time before the approval or determination of the proposals required pursuant to subclause (1) of Clause 7 determine this Agreement by notice to the other whereupon this Agreement shall cease and determine and no party hereto shall have any claim against any other party with respect to any matter or thing arising out of, done, performed or omitted to be done or performed under this Agreement. Additional proposals 10. (1) If the Partnership at any time during the continuance of this Agreement desires to significantly modify expand or otherwise vary its activities carried on pursuant to any approved proposals it shall give notice of such desire to the Minister and within 2 months thereafter shall submit to the Minister detailed proposals in respect of all matters covered by such notice and such of the other matters mentioned in paragraphs (a) to (o) of subclause (1) of Clause 7 as the Minister may require. (2) The provisions of Clause 7 and Clause 8 (other than subclauses (5), (6) and (7) of Clause 8) shall mutatis mutandis apply to detailed proposals submitted pursuant to this Clause with the proviso that the Partnership may withdraw such proposals at any time before approval thereof or, where any decision of the Minister in respect thereof is referred to arbitration, within 3 months after the award by notice to the Minister that it shall not be proceeding with the same. Subject to and in accordance with the EP Act and any approvals and licences required under that Act and laws relating to traditional usage the Partnership shall implement approved proposals pursuant to this Clause in accordance with the terms thereof. Land tenures 11. (1) On application made by the Partnership, not later than 3 months after all its proposals submitted pursuant to subclause (1) of Clause 7 have been approved or deemed to have been approved and the Partnership has complied with the provisions of subclause (4) of Clause 7, the State shall in accordance with the approved proposals grant to the Partnership, or arrange to have the appropriate authority or other interested instrumentality of the State grant, at reasonable rentals or fees or for other reasonable consideration and for such periods (not exceeding 27 years with one automatic extension for a period of 15 years at the option of the Partnership) and on such terms and conditions as shall be reasonable having regard to the requirements of the Partnership — (a) a lease of the power station site; (b) leases or easements for access roads to the Partnership's works under this Agreement; and (c) other leases licences or easements as appropriate in respect of the project under and, except as otherwise provided in this Agreement, subject to the Land Act (as modified by this Agreement) and any such lease, licence or easement may be granted notwithstanding that the survey in respect thereof has not been completed but subject to such corrections to accord with the survey when completed at the Partnership's expense. Modification of Land Act (2) For the purpose of this Agreement in respect of any land to which subclause (1) applies the Land Act shall be deemed to be modified by — (a) the substitution for subsection (2) of section 45A of the following subsection — "(2) Upon the Minister signifying approval pursuant to subsection (1) of this section in respect of any such land the same may subject to this section be leased."; (b) the deletion of the proviso to section 116; (c) the deletion of section 135; (d) the deletion of section 143; (e) the inclusion of a power to grant occupancy rights over land on such terms and conditions as the Minister for Lands may determine; (f) the inclusion of a power to grant leases or licences for terms or periods and on such terms and conditions (including renewal rights) and in forms consistent with the provisions of this Agreement in lieu of the terms or periods, the terms and conditions and the forms referred to in the Land Act. The provisions of this subclause shall not operate so as to prejudice the rights of the State to determine any lease licence or other right or title in accordance with the other provisions of this Agreement. Stone sand clay and gravel (3) The State shall in accordance with approved proposals grant to the Partnership a mining lease or mining leases for the obtaining of stone sand clay and gravel for the construction of the project such mining lease or mining leases to be granted under and, except as otherwise provided herein, subject to the Mining Act 1978 but limited in term to a reasonable period required for construction of the project and rehabilitation in accordance with the approved proposals of the leased areas. No royalty shall be payable under the Mining Act 1978 in respect of stone sand clay and gravel obtained from any such mining lease. Use of local labour professional services and materials 12. (1) The Partnership shall, for the purposes of this Agreement — (a) except in those cases where the Partnership can demonstrate it is impracticable so to do, use labour available within Western Australia or if such labour is not available then, except as aforesaid, use labour otherwise available within Australia; (b) as far as it is reasonable and economically practicable so to do, use the services of engineers surveyors architects and other professional consultants experts and specialists, 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 practicable as aforesaid, 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 so to do, 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 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 or, subject to the foregoing, give that consideration and where possible preference to other Australian suppliers manufacturers and contractors; 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 Partnership shall in every contract entered into with a third party for the supply of services labour works materials plant equipment or supplies for the purposes of this Agreement require as a condition thereof that such third party shall undertake the same obligations as are referred to in subclause (1) and shall report to the Partnership concerning such third party's implemen