Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 (NSW)

Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955 No 43 An Act to sanction and to provide for the construction and equipment of an inner harbour at Port Kembla; to authorise the construction of a railway from Coniston Marshalling Yards to the port boundary of that harbour; to ratify a certain Agreement made between The Broken Hill Proprietary Company Limited of the first part Australian Iron & Steel Limited of the second part and the Minister for Public Works for and on behalf of Her Most Gracious Majesty Queen Elizabeth II of the third part with respect to the exchange of lands, with respect to the granting to those Companies of an exclusive right to construct wharves on certain lands and with respect to certain other matters; to provide for the carrying into effect of that Agreement; to amend the Public Works Act 1912, and certain other Acts in certain respects; and for purposes connected therewith. Part 1 Preliminary 1 Name of Act (1) This Act may be cited as the Port Kembla Inner Harbour Construction and Agreement Ratification Act 1955. (2) (Repealed) 2 Definitions In this Act, unless the context or subject matter otherwise indicates or requires: Agreement means the Agreement, a copy of which is set out in the Second Schedule to this Act. A.I.S. means Australian Iron & Steel Limited. B.H.P. means the Broken Hill Proprietary Company Limited. Commissioner means the Commissioner for Railways incorporated by the Transport (Division of Functions) Act 1932, or other the corporation controlling the Government Railways of New South Wales. Director means the Director of Public Works or other the Permanent Head of Public Works of New South Wales or the person acting as such for the time being. Plan means the plan referred to in section four of this Act. Part 2 3–8 (Repealed) Part 3 Ratification of Agreement 9 Ratification of Agreement (1) The Agreement is hereby approved, ratified and confirmed and may be carried into effect notwithstanding the provisions of any other Act. (2) All acts, matters and things, for or with respect to which provision is made in the Agreement, or which, by the Agreement, are agreed, directed, authorised or permitted to be made, done or executed by or on behalf of Her Majesty or the Minister for Public Works or the Maritime Services Board of New South Wales or the Commissioner or the Auditor-General are hereby sanctioned, authorised and confirmed. 10 Provision for closing public road (1) The Minister is empowered to close by notice in the Gazette that part of Kembla Road (Main Road 295) comprised within the lands described in the First Part of the First Schedule to the Agreement and upon the publication in the Gazette of such notice any and every dedication of the lands described in the First Part of the First Schedule to the Agreement for public road shall absolutely cease and determine and the rights of any person to use the lands so described or any part thereof for the purposes of a road shall, subject to the reservation contained in clause thirty-three of the Agreement, be extinguished and so much of the lands so described as is not already vested in the Minister shall vest in the Minister. Thereafter the minister may convey the lands so described to B.H.P. pursuant to the provisions of clause two of the Agreement. (2) No claim against the Minister for compensation shall arise from or in respect of anything done by him pursuant to subsection one of this section or from or in respect of the vesting pursuant to that subsection of any land in the Minister. 11 Covenant to bind certain lands The provisions of clause twenty of the Agreement shall bind the lands described in the First and Third Schedules to the Agreement and every part thereof into whosesoever hands the same may come and bind all persons interested therein. 12 Determination of rental by Secretary (1) The Secretary is to determine the annual rental under clause 22 (f) of the Agreement. (2) In determining the annual rent: (a) the Secretary has and may exercise all of the functions that a local land board could have exercised under this section and the Agreement immediately before the amendment of this section by the Civil and Administrative Legislation (Repeal and Amendment) Act 2013, and (b) the Secretary's decision is taken to have the same effect for the purposes of the Agreement as a decision of a local land board would have had immediately before that amendment. (2A) For the avoidance of doubt, the amendment of this section (or a determination of annual rent as provided for by this section) does not constitute a breach of the Agreement. (3) An appeal by either party may be made to the Land and Environment Court from the determination by the Secretary of such annual rental by filing within a period of twenty-eight days from the date of the determination appealed against notice of the appeal in the Court, and by serving within such period notice of the appeal on the other party to the determination. An appeal on behalf of Her Majesty against any such determination may be made by the Minister or by the Director on the Minister's behalf. (4) In this section: Secretary has the same meaning as in the Crown Land Management Act 2016. 13 Provisions of Harbour and Tonnage Rates Act 1920–1953 to apply The Harbour and Tonnage Rates Act 1920–1953, and any Act amending or replacing the same and the regulations from time to time in force thereunder but in so far only as such Acts and regulations relate to the imposition, collection and payment of tonnage rates and berthing charges shall apply to and in respect of every wharf (which term for the purposes of this section shall include any structure, landing place or facility where cargo may be loaded or discharged or where vessels may be berthed) to be hereafter erected, constructed or provided over and along such portion of the Inner Harbour (to be constructed pursuant to Part 2 of this Act) as is described in paragraph (a) of clause twenty-two of the Agreement or upon lands adjoining or adjacent thereto as if the same were a public wharf and accordingly tonnage rates and berthing charges in accordance with the said Acts and regulations will be payable in respect of all vessels berthing at any such wharf subject to the following exceptions, such exceptions being applicable only during the period of ninety-nine years calculated from the date of commencement of the Agreement and only to vessels whilst berthed at any such wharf, namely that: (i) Any vessel carrying loading or discharging only cargo the property of B.H.P. and A.I.S. or either of them and/or of any other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital shall be exempt from the payment of such tonnage rates and berthing charges. (ii) Any vessel carrying loading or discharging cargo part only of which is the property of B.H.P. and A.I.S. or either of them and/or of any other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital shall be granted a rebate of such tonnage rates and berthing charges to the extent of the ratio which the part of the cargo which is the property of B.H.P. and A.I.S. or either of the and/or of an other company or companies in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital bears to the whole of such cargo. (iii) Any vessel the property of or chartered by B.H.P. and A.I.S. or either of them or the property of or chartered by any other company in which B.H.P. and A.I.S. or either of them holds at least one-third of the share capital berthing for a purpose other than the loading or discharging of cargo shall be exempt from the payment of such tonnage rates and berthing charges. In the exemptions referred to in the foregoing provisions of this section cargo does not include coal and coke shipped pursuant to any consent of the Minister given under clause twenty-nine of the Agreement. 14 Section 327 of Local Government Act 1919 not to apply to subdivisions Section three hundred and twenty-seven of the Local Government Act 1919, as amended by subsequent Acts, shall not apply in respect of any subdivision of land made in connection with the Agreement. First Schedule (Repealed) Second Schedule THIS AGREEMENT made the twenty-fourth day of October one thousand nine hundred and fifty five BETWEEN—THE BROKEN HILL PROPRIETARY COMPANY LIMITED a corporation incorporated under the laws of the State of Victoria and carrying on business in the State of New South Wales (hereinafter called "B.H.P.") of the first part AUSTRALIAN IRON & STEEL LIMITED a company incorporated under the Companies Act, 1936 of the State of New South Wales (hereinafter called "A.I.S.") of the second part (the parties hereto of the first and second parts when hereinafter jointly referred to being termed "the Companies") and THE HONOURABLE JOHN BROPHY RENSHAW the Minister for Public Works of the State of New South Wales for and on behalf of HER MOST GRACIOUS MAJESTY QUEEN ELIZABETH THE SECOND (hereinafter called "the Minister" which expression shall where the context demands include his successors in office) of the third part WHEREAS the Minister is about to submit to Parliament a Bill for an Act to authorise the extension of existing shipping facilities at Port Kembla in the State of New South Wales by the construction of an Inner Harbour leading from the present harbour AND WHEREAS with the object of expanding their industrial operations in the said State of New South Wales B.H.P. is desirous of obtaining the right to lease certain lands within the proposed Inner Harbour and to construct and erect thereon wharves and other facilities for the purposes of the Company AND is also desirous of acquiring the lands described in the First Schedule hereto AND A.I.S. is desirous of acquiring the lands described in the Third Schedule hereto AND WHEREAS The Minister is desirous of acquiring from B.H.P. the lands described in the Second Schedule hereto and from A.I.S. the lands described in the Fourth Schedule hereto NOW IT IS HEREBY AGREED as follows:— 1. In this Agreement unless the context otherwise requires the singular includes the plural and vice versa and the following expressions shall have the meanings set opposite thereto respectively: "Auditor General"—means the Auditor General for the State of New South Wales or the person acting as such for the time being: "Authorising Act"—means the Act approving the Bill hereinbefore mentioned or otherwise authorising the construction of an Inner Harbour at Port Kembla aforesaid: "Director"—means the Director of Public Works or other Permanent Head of the Department of Public Works of the State of New South Wales, or the person acting as such for the time being: "Gazette"—means the New South Wales Government Gazette: "Indian Spring Low Water"—means the datum for sounding at Port Kembla being 12.61 feet below Bench Mark No. 5 on the concrete block near Number 3 Jetty as shown on plan catalogued 57/181 in the Department of Public Works New South Wales: "Inner Harbour"—means the Inner Harbour which subject to authorisation by the Parliament of New South Wales the Minister will construct at Port Kembla generally within the area delineated on the plan annexed hereto and marked with the letter "A": "Minister"—means the Minister for Public Works of the State of New South Wales and after the commencement of the Authorising Act includes such Minister in his capacity of Constructing Authority for the purposes of that Act and the Public Works Acts, 1912, as amended. 2. Subject to the provisions hereinafter contained the Minister hereby agrees to convey to B.H.P. in fee simple and B.H.P. agrees to accept the lands described in the First Schedule hereto by way of exchange for the land described in the Second Schedule hereto AND for the purpose of effecting such exchange B.H.P. hereby agrees to transfer to the Minister and the Minister agrees to accept such last mentioned lands. 3. Subject to the provisions hereinafter contained the Minister hereby agrees to convey to A.I.S. in fee simple and A.I.S. agrees to accept the lands described in the Third Schedule hereto by way of exchange for the lands described in the Fourth Schedule hereto and for the purpose of effecting such exchange A.I.S. hereby agrees to transfer to the Minister and the Minister agrees to accept such last mentioned lands. 4. (a) The land described in the First Part of the First Schedule hereto comprises part of Main Road No. 295, otherwise called Kembla Road and upon the closing and assurance thereof as hereinafter provided all mines and deposits of coal, ironstone, kerosene shale, limestone, slate and other minerals therein and thereunder shall be excepted from the assurance to be executed by the Minister. (b) The lands described in the Second Part of the First Schedule hereto and in the Third Schedule hereto comprise part of an area of about 496 acres 2 roods 0 perches resumed by Notification published in the Gazette of the 1st day of September 1900 at p. 6865 under the Lands for Public Purposes Acquisition Act as adopted by the Public Works Act of 1888 and by section 114 of the last mentioned Act no mines or deposits of coal, ironstone, kerosene shale, limestone, slate or other minerals under the said area were acquired and the same are excepted from the assurances to executed by the Minister. (c) The conveyance by the Minister of the land described in the First Part of the Third Schedule hereto is subject to and the assurance by the Minister to A.I.S. of such land shall contain a reservation in favour of the Minister his successors and assigns of an easement and rights over the land described in the Fifth Schedule hereto with respect to electric transmission lines and other matters in and according to the form set out in the First Part of the Seventh Schedule hereto. (d) The land described in the First Part of the Third Schedule hereto is also subject to the rights of the Commissioner for Railways of the State of New South Wales the Vacuum Oil Company Proprietary Limited and Commonwealth Oil Refineries Limited in respect of the existing railway lines owned by them or any of them upon or over such land and appropriate provisions in favour of the said Commissioner and those Companies with respect to those lines and the rights of the said Commissioner and those Companies to continue using the same shall be inserted in the assurance by the Minister to A.I.S. (e) The lands described in the Second Schedule hereto are comprised in Certificate of Title registered Volume 6913 Folio 230 standing in the name of B.H.P. subject to the Notifications endorsed thereon namely:— (i) an exception of the mines and minerals not acquired by the notifications of resumption referred to in Clause 4 of the Agreement set out in the First Schedule to the Australian Iron & Steel Limited Agreement Ratification Act, 1936: (ii) the covenant in Clause 26 of the Agreement referred to in the last preceding sub-paragraph; AND the lands described in the Second Schedule hereto are agreed to be transferred subject to such exception and covenant. (f) The lands described in the First and Second Parts of the Fourth Schedule hereto are comprised in Certificate of Title registered Volume 4784 Folio 24 standing in the name of A.I.S. subject to the notifications endorsed thereon namely: (i) an exception of the mines and minerals not acquired by the notifications of resumption referred to in Clause 4 of the Agreement set out in the First Schedule to the Australian Iron & Steel Limited Agreement Ratification Act, 1936: (ii) the covenants and provisions in Clauses 26, 29, and 33 of the Agreement set out in the First Schedule to the Australian Iron & Steel Limited Agreement Ratification Act, 1936: (iii) the easements reserved to the Minister for Public Works by Transfer No. C480813 in favour of Electricity Transmission Line and Lights and Railway Line: AND the lands described in the First and Second Parts of the Fourth Schedule hereto are agreed to be transferred subject to such exception covenants provisions and easements and also subject to the rights of A.I.S. in respect of the existing saltwater channel across that part of such lands as is described in the Sixth Schedule hereto and to the rights of the Commissioner for Railways of the said State Vacuum Oil Company Proprietary Limited and Commonwealth Oil Refineries Limited in respect of the existing railway lines owned by them or any of them and appropriate provisions in favour of the said Commissioner and of those Companies with respect to those lines and the rights of the said Commissioner and those Companies to continue using the same shall be inserted in the Transfer from A.I.S. to the Minister. (g) The lands described in the Third Part of the Fourth Schedule hereto are comprised as to part in Certificate of Title registered Volume 4784 Folio 24 and as to the residue in Certificate of Title registered Volume 6784 Folio 206 standing in the name of A.I.S. subject to the Notifications endorsed thereon namely:— (i) an exception of the mines and minerals not acquired by the notifications of resumption referred to in Clause 4 of the Agreement set out in the First Schedule to the Australian Iron & Steel Limited Agreement Ratification Act, 1936: (ii) the covenants and provisions in Clauses 26 and 33 of the Agreement set out in the First Schedule to the Australian Iron & Steel Limited Agreement Ratification Act, 1936: AND the lands described in the Third Part of the Fourth Schedule hereto are agreed to be transferred subject to such exception covenants and provisions. 5. (a) Certain information as to the title to the lands comprised in the First and Third Schedules hereto is referred to in this Agreement and neither B.H.P. nor A.I.S. shall require or be entitled to be furnished with any further particulars as to the title of the Minister or any other person to any of such lands or with any abstract of the title to any of such lands or any evidence whatsoever of the title to any of such lands. (b) No objection or requisition whatsoever shall be made by the Companies or either of them to or in respect of the title to any of the said lands and no objection whatever shall be taken by the Companies or either of them to the power of the Minister to exchange and assure as provided by this Agreement the said lands described in the First and Third Schedules hereto. (c) Certain information as to the title to the lands comprised in the Second and Fourth Schedules hereto is referred to in this Agreement and the Minister shall not require or be entitled to be furnished with any further particulars as to the title of the Companies or either of them to any of such lands or with any abstract of the title to any of such lands but any instrument in respect of which a caveat is entered upon the Register (if in the possession of the Companies or either of them) and any documents of title in the custody of a mortgagee in regard to which the Companies or either of them have or has a right to require production shall be produced to the Minister or the Crown Solicitor of the State of New South Wales at the cost and expense of B.H.P. or A.I.S. (as the case may be). 6. The lands described in the Second and Fourth Schedules hereto are to be assured by the Companies subject to the reservations, exceptions and conditions other than quit rent contained in the Crown Grants under which any of the lands were originally or are now held. 7. There shall be excepted out of and from the lands described in the First and Third Schedules hereto and excluded from the said exchanges and the assurances to the Companies:— (a) All telegraph lines within the meaning of the Post and Telegraph Act, 1901–1934, of the Commonwealth constructed or laid upon in under or over such lands. (b) The electric cables and electricity transmission lines constructed or laid upon in or over the lands described in the First Schedule hereto by any Municipal or other local authority or by any body supplying electricity and all poles pipes wires fittings appurtenances equipment and appliances connected therewith. (c) All electric transmission lines constructed or laid in and upon the land described in the Third Schedule hereto and the signal lights and all poles, wires, fittings and appliances connected with such transmission lines and lights. (d) The existing oil pipelines fittings and appliances constructed or laid in or upon the land described in the Third Schedule hereto the property of Vacuum Oil Company Proprietary Limited or The Commonwealth Oil Refineries Limited. (e) All railway lines constructed or laid in or upon any part of the land described in the Third Schedule hereto and all rails, sleepers, cables, pipes, wires, equipment and fittings connected therewith. 8. The lines of pipes for the conveyance of water constructed or laid in and through the lands described in the First Schedule hereto which are the property of the Metropolitan Water Sewerage and Drainage Board are not included in the said exchange but B.H.P. shall at its own cost make any necessary arrangements with the said Board with respect to them and the Minister shall if required assist B.H.P. in making such arrangements. 9. The Companies shall give to the Minister on the date of completion vacant possession of all lands described in the Second and Fourth Schedules hereto but subject to the rights of the Commissioner for Railways of the said State Vacuum Oil Company Proprietary Limited and Commonwealth Oil Refineries Limited. 10. From the date of completion B.H.P. shall have peaceful and undisturbed possession of the lands described in the Second Part of the first Schedule hereto and A.I.S. shall subject to Clause 19 of this Agreement have peaceful and undisturbed possession of the lands described in the Third Schedule hereto. 11. (a) The Minister shall be empowered by the Act ratifying this Agreement to close that portion of Main Road 295 described in the First Part of the First Schedule hereto and the Minister not later than three months after the bridge on such road across Tom Thumb's Lagoon and the southern approach thereto have been demolished shall by notice in the Gazette close that portion of Main Road 295 as is described in the First Part of the First Schedule hereto and upon publication in the Gazette of such notice any and every dedication of such land for a public road shall absolutely cease and determine and subject to the reservation contained in Clause 33 hereof the right or of any person to use the same for the purpose of a road shall be extinguished and so much of such land as is not already vested in the Minister shall vest in the Minister and the Act ratifying this Agreement shall provide accordingly and authorise the Minister to convey such land to B.H.P. pursuant to the provisions of Clause 2 of this Agreement. (b) To the extent that the provisions of Clauses 14 and 18 hereof relate to the agreement by the Minister to convey and assure the land described in the First Part of the First Schedule hereto to B.H.P. the expression "the date of commencement of this Agreement" shall be construed in those Clauses as the date of publication in the Gazette of the notice closing that part of Main Road 295 described in the First Part of the First Schedule hereto and the date of completion of the conveyance of such land shall be related to the date of commencement thus ascertained and determined in the manner defined in Clause 18. (c) B.H.P. shall not be entitled to possession of the land described in the First Part of the First Schedule hereto until the date of completion as ascertained in accordance with the last preceding sub-clause and such possession shall be subject to the rights which exist in respect of telegraph lines electric cables and electricity transmission lines referred to in Clause 7 hereof and the lines of pipes referred to in Clause 8 hereof until such time as B.H.P. with the assistance of the Minister (if required) makes satisfactory arrangements with the Authorities concerned in respect thereof. 12. B.H.P. in respect of the lands agreed to be assured by it to the Minister and A.I.S. in respect of the lands agreed to be assured by it to the Minister shall respectively be entitled to the rents and profits to the date of completion and shall pay and bear all rates taxes assessments and outgoings to that date from which date the Minister shall be entitled to such rents and profits. The Minister shall be entitled to the rents and profits to the date of completion and shall pay and bear all rates taxes assessments and outgoings (if any) to that date in respect of the lands hereby agreed to be assured by the Minister to the respective Companies from which date B.H.P. or A.I.S. (as the case may be) shall be entitled to such rents and profits and shall pay or bear all such rates taxes assessments and outgoings. All necessary apportionments under this Clause shall be made and adjusted on completion. 13. No error or misdescription of any of the lands agreed to be exchanged under this Agreement shall annul these exchanges or either of them but compensation (if demanded in writing before completion but not otherwise and if the Minister or B.H.P. or A.I.S. (as the case may be) is otherwise entitled thereto under this Agreement) shall be made to or given by the relevant parties hereto as the case may require and should the relevant parties be unable to agree between themselves as to the amount thereof such amount shall be settled by two arbitrators one to be appointed by the Minister and the other by B.H.P. or A.I.S. (as the case may be) in accordance with the provisions of the Arbitration Act, 1902. 14. (a) All objections and requisitions (if any) which under this Agreement the Companies or either of them shall be entitled to make shall be made and delivered to the Crown Solicitor of the State of New South Wales within twenty one days from the date of commencement of this Agreement and all objections and requisitions not so made shall be deemed to be waived and within twenty eight days from the date of commencement of this Agreement the Companies shall at their own expense tender to the Crown Solicitor such conveyances and assurances of the lands described in the First and Third Schedules hereto as may be necessary. (b) All objections and requisitions which under this Agreement the Minister shall be entitled to make shall be made and delivered to B.H.P. or to A.I.S. (as the case may be) or to its Solicitor within twenty one days from the date of commencement of this Agreement and all objections and requisitions not so made shall be deemed to be waived and within twenty eight days from the date of commencement of this Agreement the Crown Solicitor of the State of New South Wales shall at the expense of the Minister tender to B.H.P. or to A.I.S. (as the case may be) or its Solicitor a Memorandum or Memoranda of Transfer of the lands described in the Second and Fourth Schedules hereto in favour of the Minister. 15. If any of the parties hereto shall be unable or unwilling to comply with or remove any objection or requisition which any other of them shall be entitled to make under this Agreement such party shall whether any attempt to remove or comply with such objection or requisition has been made or not and notwithstanding any negotiations or litigation whatsoever in respect thereof be at liberty to rescind this Agreement and in no case shall the party so rescinding the Agreement be liable for any damages costs charges expenses and losses whatsoever incurred by any other party in and about this Agreement AND IT IS HEREBY DECLARED that seven days' notice of the intention of any of the parties hereto to rescind this Agreement shall be deemed reasonable notice of such intention under Section 56 of the Conveyancing Act, 1919–1954. 16. All notices and documents hereunder may be served as mentioned in Section 170 of the Conveyancing Act, 1919–1954. 17. Clauses 2 to 6 inclusive of the Conditions of Sale contained Schedule III of the Conveyancing Act, 1919–1954, shall not apply to this Agreement except insofar as the same or any part thereof are incorporated herein. 18. Subject to Clause 39 of this Agreement the exchanges provided for in this Agreement shall be completed on a date within two months from the date of commencement of this Agreement (or such extended period as the Minister may agree to) by the Companies handing over to the Crown Solicitor at his office all the necessary assurances to the Minister and the Crown Solicitor handing over to the respective Companies all necessary assurances to each of them and the date on which such assurances are so handed over shall be treated as the date of completion of such exchanges. 19. Within one month from the date of completion the Minister will serve or cause to be served notices terminating the rights of the Vacuum Oil Company Proprietary Limited and The Commonwealth Oil Refineries Limited under existing agreements with the Minister relating to oil pipelines in and over the said land described in the First Part of the Third Schedule hereto and pending the termination of such agreements the possession by A.I.S. of such land shall be subject to the rights of those Companies. 20. The Companies and each of them hereby agree to grant to the Minister his successors or assigns without compensation easements and rights with respect to the erection operation and maintenance of all such additional electricity transmission and/or telephone lines as the Minister his successors or assigns may at any time hereafter desire to erect or construct in over or upon the lands described in the First and Third Schedules hereto or any part or parts thereof along routes approved of by the Company concerned and such easements and rights shall if the Minister his successors or assigns requires be so granted in a form similar to that set out in the Second Part of the Seventh Schedule hereto with respect to the electricity transmission lines and in a form similar to that set out in the Third Part of the Seventh Schedule hereto with respect to the telephone lines and shall include the land along the route of each such line to the width of 60 feet in the case of the electricity transmission lines and to such width not more than 60 feet along the route of the line as the Minister his successors or assigns thinks necessary in the case of telephone lines. The Act ratifying this Agreement shall provide that the provisions of this Clause shall bind the lands described in the First and Third Schedule hereto and every part thereof into whosoever hands the same may come and bind all persons interested therein. 21. The Companies hereby jointly and severally covenant with the Minister that upon being requested in writing so to do they, and each of them will grant to the Minister an easement and rights by a reasonable route over lands owned by the Companies or one of them (as the case may be) to construct and maintain an electricity transmission line for the purpose of operating electric dredges for and in connection with the construction and maintenance of the Inner Harbour. 22. (a) Subject to the provisions hereinafter appearing B.H.P. shall have the exclusive right from time to time and at all times during the period of ninety nine (99) years calculated from the date of commencement of this Agreement to construct and erect wharves and other facilities for loading and unloading goods and other structures upon any and every part of that portion of the Inner Harbour fronting the proposed boundary of the land of B.H.P. commencing near the left bank of Allan's creek (as re-aligned pursuant to this Agreement) and extending south easterly for a distance of ap