Pilbara Energy Project Agreement Act 1994 (WA)

Western Australia Pilbara Energy Project Agreement Act 1994 Western Australia Pilbara Energy Project Agreement Act 1994 Contents 1. Short title 1 2. Commencement 1 3. Interpretation 1 4. Agreement ratified and implementation authorised 2 5. Ratification and operation of termination agreement 2 Schedule 1 — Pilbara Energy Project Agreement Schedule 2 — Termination agreement Notes Compilation table 56 Defined terms Western Australia Pilbara Energy Project Agreement Act 1994 An Act to ratify, and authorise the implementation of, an agreement between the State and BHP Minerals Pty. Ltd. and others in relation to the development of a gas turbine power station at Port Hedland and associated works and to ratify a further agreement for the termination of that agreement. [Long title amended: No. 3 of 2014 s. 4.] 1. Short title This Act may be cited as the Pilbara 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 — termination agreement means the agreement a copy of which is set out in Schedule 2; the Agreement means the Pilbara Energy Project Agreement, a copy of which is set out in Schedule 1, and includes that agreement as varied from time to time in accordance with its provisions. [Section 3 amended: No. 3 of 2014 s. 5.] 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. 5. Ratification and operation of termination agreement (1) The termination agreement is ratified. (2) Without limiting or otherwise affecting the operation of the Government Agreements Act 1979, the termination agreement is to operate and take effect despite any other Act or law. [Section 5 inserted: No. 3 of 2014 s. 6.] Schedule 1 — Pilbara Energy Project Agreement [s. 3] [Heading amended: No. 19 of 2010 s. 4.] PILBARA ENERGY PROJECT AGREEMENT THIS AGREEMENT is made the 30th day of November 1993 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 one part and BHP MINERALS PTY. LTD. ACN 008 694 782 a company incorporated in the State of Western Australia and having its registered office at Level 18, 200 St. George's Terrace, Perth, BHP ENERGY HOLDINGS PTY. LTD. ACN 058 025 960 a company incorporated in the State of Western Australia and having its registered office at Level 18, 200 St. George's Terrace, Perth, and BHP POWER HOLDINGS PTY. LTD. ACN 058 169 743 a company incorporated in the State of Western Australia and having its registered office at Level 18, 200 St. George's Terrace, Perth, (hereinafter collectively called "the Joint Venturers" in which term shall be included their respective successors and permitted assigns) of the other part. W H E R E A S: (a) for the purpose of providing gas and electricity to the operations carried on pursuant to the Iron Ore Agreements (as hereinafter defined) and facilitating access by industrial consumers to gas and electricity the Joint Venturers intend to develop a gas turbine power station of at least 100 megawatts at Port Hedland, a 355mm diameter buried gas pipeline from an off‑take point in the vicinity of Karratha to the power station and either a 220 kilovolt high voltage transmission line from the power station to Newman or a gas pipeline system from an off‑take point in the vicinity of Newman on the proposed gas transmission pipeline between Dampier and Kalgoorlie and a gas turbine power station of at least 70 megawatts at Newman; (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; and (c) by an agreement of even date herewith and made between the State of the one part and Pilbara Iron Limited, the said BHP Minerals Pty. Ltd., Mitsui‑Itochu Iron Pty. Ltd. and CI Minerals Australia Pty. Ltd. of the other part, the State has agreed to the deletion of clauses 12, 13, 14, 15, 16 and 16A of the Mount Newman Agreement upon and subject to the construction of the works referred to in recital (a) hereof. 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 determined under this Agreement; "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; "EPA Act" means the Environmental Protection Act 1986; "gas pipeline" means a gas pipeline system for the transmission and distribution of gas and includes a 355mm diameter steel pipeline commencing at an off‑take point in the vicinity of Karratha and extending to the power station; "Goldsworthy‑Nimingarra Agreement" means the Agreement (as amended from time to time) ratified by the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972; "Iron Ore Agreements" means the Goldsworthy‑Nimingarra Agreement, the Marillana Creek Agreement, the McCamey's Monster Agreement, the Mount Goldsworthy Agreement and the Mount Newman Agreement; "Joint Venturers' workforce" means the persons (and the dependents of those persons) engaged whether as employees, agents or contractors in the construction and operation of the gas pipeline, the power station, the Newman facilities and any Port Hedland facilities; "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 and beliefs; "local authority" means the council of a municipality that is a city, town or shire constituted under the Local Government Act 1960; "Marillana Creek Agreement" means the Agreement (as amended from time to time) ratified by the Iron Ore (Marillana Creek) Agreement Act 1991; "McCamey's Monster Agreement" means the Agreement (as amended from time to time) the execution of which was authorized by the Iron Ore (McCamey's Monster) Agreement Authorization Act 1972; "Minister" means the Minister in the Government of the State for the time being responsible for the administration of the Act to ratify this Agreement and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Joint Venturers and includes the successors in office of the Minister; "month" means calendar month; "Mount Goldsworthy Agreement" means the Agreement (as amended from time to time) approved by the Iron Ore (Mount Goldsworthy) Agreement Act 1964; "Mount Newman Agreement" means the Agreement (as amended from time to time) approved by the Iron Ore (Mount Newman) Agreement Act 1964; "Newman facilities" means a system for the transmission of electricity from the power station to Newman by way of a 220 kilovolt high voltage transmission line between the power station and Newman and includes facilities to transmit electricity to operations carried on pursuant to the Marillana Creek Agreement or, at the option of the Joint Venturers, a gas turbine power station of at least 70 megawatts at Newman and a gas pipeline system to that power station from an off‑take point in the vicinity of Newman on the proposed gas transmission pipeline between Dampier and Kalgoorlie; "notice" means notice in writing; "Petroleum Pipelines Act" means the Petroleum Pipelines Act 1969; "person" or "persons" includes bodies corporate; "Port Hedland facilities" means the facilities (if any) to be provided by the Joint Venturers to transmit electricity from the power station to operations carried on at Port Hedland pursuant to the Iron Ore Agreements and to mining operations under the Goldsworthy‑Nimingarra Agreement and the Mount Goldsworthy Agreement. "power station" means a gas turbine power station with a nominal total installed capacity of at least 100 megawatts; "power station site" means the land proposed by the Joint Venturers as the site for the power station as shown coloured red on the plan marked "X" initialled by or on behalf of the parties hereto for the purposes of identification or such other land approved as the power station site pursuant to approved proposals; "private roads" means the roads referred to in subclause (1) of Clause 15 and any other roads constructed by the Joint Venturers in accordance with an approved proposal or agreed by the parties to be a private road for the purposes of this Agreement; "processing agreement" means an agreement entered into between the State and BHP Minerals Pty. Ltd. alone or with a person or persons approved by the Minister and ratified by the Parliament of Western Australia which creates obligations with regard to the processing of iron ore in lieu of similar obligations existing at the date of this Agreement under the Iron Ore Agreements other than the Mount Newman Agreement; "project" means the power station, the gas pipeline, the Newman facilities and any Port Hedland facilities; "public road" means a road as defined by the Road Traffic Act 1974; "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; "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. 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 28 to extend any period or date shall be without prejudice to the power of the Minister under Clause 28; (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; (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; and (g) any covenant or agreement on the part of the Joint Venturers hereunder shall be deemed to be a joint and several covenant or agreement as the case may be. 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 1993 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 — (a) the Bill to ratify this Agreement as referred to in Clause 3; and (b) a Bill to ratify the agreement referred to in recital (c) to this Agreement are passed as Acts before 31 December 1993 or such later date (if any) as the parties hereto agree upon. (2) If before 31 December 1993 or such later agreed date the said Bills have not commenced to operate as Acts then unless the parties hereto otherwise agree this Agreement shall then cease and determine and no party hereto shall have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement. (3) On the said Bills commencing to operate as Acts 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 5. (1) The Joint Venturers shall continue their field and office engineering, environmental, market and finance studies and other matters necessary to enable them to finalise and to submit to the Minister the detailed proposals referred to in Clause 6. (2) The Joint Venturers shall keep the State fully informed in writing quarterly as to the progress and results of their activities under subclause (1). (3) The Joint Venturers shall cooperate 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) For the purposes of this Clause and to the extent reasonably necessary to enable the Joint Venturers to carry out their obligations under this Clause subject to laws relating to traditional usage and to the adequate protection of the environment (including flora and fauna) — (a) the State shall, subject to the adequate protection of the land affected (including improvements thereon), allow the Joint Venturers to enter upon Crown lands (including land the subject of a pastoral lease); and (b) the Joint Venturers may subject to the Petroleum Pipelines Act and any authorisations required under that Act enter land to carry out surveys and other works in relation to the gas pipeline and in relation to the Newman facilities and any Port Hedland facilities subject to section 82 of the Public Works Act and authorisation pursuant to that section exercise the powers set out in that section as if those facilities were works under that Act. Joint Venturers to submit proposals 6. (1) Subject to and in accordance with the EP Act, the laws relating to traditional usage and the provisions of this Agreement the Joint Venturers shall on or before 30 June 1994 submit to the Minister to the fullest extent reasonably practicable their detailed proposals (including plans where practicable and specifications where reasonably required by the Minister 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, area, gas pipelines and transmission line routes, 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 gas pipeline or pipelines and electricity transmission lines and any leases, licences or easements of land required from the State; (b) the power station; (c) the gas pipeline; (d) the Newman facilities; (e) any Port Hedland facilities desired by the Joint Venturers; (f) roads serving the power station, the gas pipeline the Newman facilities and any Port Hedland facilities; (g) accommodation and ancillary facilities for the Joint Venturers' workforce on or in the vicinity of the power station site and housing or other appropriate accommodation and facilities generally for the Joint Venturers' workforce; (h) water supply; (i) any other works, services or facilities desired by the Joint Venturers; (j) use of local labour professional services manufacturers suppliers contractors and materials; and (k) an environmental management programme as to measures to be taken in respect of the Joint Venturers' 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 (k) 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 gas pipeline, the power station and the Newman facilities (other than any gas pipeline forming part of those facilities) provide for the use by the Joint Venturers upon reasonable terms and conditions of any existing facilities of such kind. Additional submissions (4) At the time when the Joint Venturers submit the said proposals they 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 they propose to consider obtaining from or having carried out or permitting to be obtained from or carried out outside Australia together with their reasons therefor and shall, if required by the Minister, consult with the Minister with respect thereto. Consideration of proposals 7. (1) Subject to the EP Act and laws relating to traditional usage, in respect of each proposal pursuant to subclause (1) of Clause 6 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 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 proposal; or (c) require as a condition precedent to the giving of his approval to the said proposal 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 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 Joint Venturers 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 6 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 Joint Venturers 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 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 (4) If the decision of the Minister is as mentioned in either of paragraphs (b) or (c) of subclause (1) and the Joint Venturers consider that the decision is unreasonable the Joint Venturers within two months after receipt of the notice mentioned in subclause (2) may elect to refer to arbitration in the manner hereinafter provided the question of the reasonableness of the decision PROVIDED THAT any requirement of the Minister pursuant to the proviso to subclause (1) shall not be referable to arbitration hereunder. 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 Joint Venturers then unless the Joint Venturers within 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 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 (6) Notwithstanding that under subclause (1) any proposals of the Joint Venturers are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 30 June 1995 or by such extended date or period if any as the Joint Venturers shall be granted or be entitled to pursuant to the provisions of this Agreement then the Minister may give to the Joint Venturers 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 determined this Agreement shall cease and determine subject however to the provisions of Clause 30. 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 Joint Venturers shall implement the approved proposals in accordance with the terms thereof so that each of the power station, the gas pipeline, the Newman facilities and any Port Hedland facilities is constructed by 31 December 1996. For the purpose of this subclause, the power station, the gas pipeline, the Port Hedland facilities and the Newman 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 8. (1) The dates set forth in subclause (1) of Clause 6 and subclauses (6) and (7) of Clause 7 will be extended (in addition to any extension granted pursuant to Clause 27 or 28) upon request of either the Joint Venturers 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) The Joint Venturers may at any time before the approval or determination of the proposals required pursuant to subclause (1) of Clause 6 determine this Agreement by notice to the State whereupon this Agreement shall cease and determine and neither the state nor the Joint Venturers 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. Additional proposals 9. (1) If the Joint Venturers at any time during the continuance of this Agreement desire to significantly modify expand or otherwise vary their activities carried on pursuant to any approved proposals they shall give notice of such desire to the Minister and within 2 months thereafter shall submit to the Minister detailed proposals in respect of all matters covered by such notice and such of the other matters mentioned in paragraphs (a) to (k) of subclause (1) of Clause 6 as the Minister may require. (2) The provisions of Clause 6 and Clause 7 (other than subclauses (5), (6) and (7) of Clause 7) shall mutatis mutandis apply to detailed proposals submitted pursuant to this Clause with the proviso that the Joint Venturers may withdraw such proposals at any time before approval thereof or, where any decision of the Minister in respect thereof is referred to arbitration, within 3 months after the award by notice to the Minister that they shall not be proceeding with the same. Subject to and in accordance with the EP Act and any approvals and licences required under that Act and laws relating to traditional usage the Joint Venturers shall implement approved proposals pursuant to this Clause in accordance with the terms thereof. Petroleum Pipelines Act modification 10. (1) The Joint Venturers shall provide to the Minister, as part of their proposals for the gas pipeline pursuant to subclause (1) of Clause 6 and for any gas pipeline forming part of the Newman facilities, the information and other matters referred to in paragraphs (c) — (j) of section 8(1) of the Petroleum Pipelines Act and sections 8(2), 8(3), 8(4) and 8(5) shall apply mutatis mutandis to those proposals as if those proposals were an application for a licence under that Act but otherwise section 8 of that Act shall not apply in relation to the gas pipeline. (2) For the purposes of this Agreement in respect of the gas pipeline and any gas pipeline forming part of the Newman facilities and any licence or licences relating thereto the Petroleum Pipelines Act shall be deemed modified by — (a) the substitution for section 10 of the following section — "10. The Minister may on application made pursuant to clause 11(1) of the agreement (as amended from time to time) ratified by the Pilbara Energy Project Agreement Act 1994 grant a licence in accordance with the provisions of that agreement and cause to be published in the Government Gazette a notice that the licence has been granted."; (b) in subsection (5) of section 21 by inserting — (i) after "own petroleum" the following — "or petroleum of other persons which the licensee has contracted to convey"; and (ii) after "so conveyed" the following — "Provided that any direction as to amounts to be paid shall not be determined until after consultation between the Minister, the Minister administering the Pilbara Energy Project Agreement Act 1994 and the Joint Venturers under the agreement ratified by that Act"; (c) the deletion of paragraph (c) in the definition of "pipeline" in section 4; and (d) the deletion of sections 9, 11, 12, 13, 19, 24, 26, 27 and 28. Lands 11. (1) On application made by the Joint Venturers, not later than 3 months after all their proposals submitted pursuant to subclause (1) of Clause 6 have been approved or determined and the Joint Venturers have complied with the provisions of subclause (4) of Clause 6, the State shall in accordance with the approved proposals grant to the Joint Venturers, or arrange to have the appropriate authority or other interested instrumentality of the State grant, for periods coterminous with the mineral lease defined in clause 1 of the Mount Newman Agreement or other periods agreed between the Joint Venturers and the State and on such terms and conditions as shall be reasonable having regard to the requirements of the Joint Venturers — (a) a lease of the power station site; (b) a pipeline licence in respect of the gas pipeline and any gas pipeline forming part of the Newman facilities; (c) leases or easements for access roads to the Joint venturers' works under this Agreement; and (d) 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 or the Petroleum Pipelines Act as the case may require (each as modified by this Agreement). Licence fees and rentals (2) (a) The Joint Venturers shall pay in respect of the pipeline licences referred to in paragraph (b) of subclause (1) and any other licences granted hereunder pursuant to the Petroleum Pipelines Act, licence fees in accordance with the Petroleum Pipelines Act. (b) In respect of other licences and leases and easements granted hereunder the Joint Venturers shall pay reasonable rentals or other reasonable amounts to be agreed between the Minister and the Joint Venturers. Modification of Land Act (3) For the purpose of this Agreement in respect of any land leased to the Joint Venturers by the State 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 (4) The State shall in accordance with approved proposals grant to the Joint Venturers 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. Surrounding land (5) With respect to the area coloured blue on the said plan marked "X" ("the blue area") the State shall ensure — (a) that the boundaries of the Port Hedland Town Planning Scheme within the blue area at the date of this Agreement shall not be altered; (b) that the part of the blue area within those boundaries shall not be zoned urban; and (c) that neither the State nor its agencies shall approve residential development in the part of the blue area outside those boundaries without in each case prior consultation with the Joint Venturers by the Minister. Use of local labour professional services and materials 12. (1) The Joint Venturers shall, for the purposes of this Agreement — (a) except in those cases where the Joint Venturers can demonstrate it is impracticable so to do, use labour available within 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 c