Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 (WA)

Western Australia Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 Western Australia Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 Part 2 — General provisions about the Agreement 3. Terms used 3 4. Ratification and authorisation 3 5. State empowered under clause 20 3 6. Effect on other laws 3 Part 3 — Provisions about access to the railway constructed under the Agreement Division 1 — Modification of the Railways (Access) Act 1998 7. Railways (Access) Act 1998 modified 4 8. Section 3 amended 4 9. Section 12A inserted 5 12A. Modification of the Code for the purposes of the Railway (Roy Hill Infrastructure) Agreement 5 Division 2 — Modification of the Railways (Access) Code 2000 10. Railways (Access) Code 2000 modified 5 11. Section 3 amended 6 12. Section 54 inserted 6 54. Transitional provision — Railway (Roy Hill Infrastructure) Agreement 6 13. Schedule 1 amended 6 14. Schedule 4 amended 7 Division 3 — Expiry of Part 15. Expiry of Part 7 Schedule 1 — Railway (Roy Hill Infrastructure Pty Ltd) Agreement 2010 Notes Compilation table 73 Defined terms Western Australia Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 An Act — • to ratify, and authorise the implementation of, an agreement between the State and Roy Hill Infrastructure Pty Ltd, Roy Hill Holdings Pty Ltd and Roy Hill Iron Ore Pty Ltd relating to the development of a railway in the Pilbara region of the State; • to modify the operation of the Railways (Access) Act 1998 and the Railways (Access) Code 2000, and for incidental and other purposes. The Parliament of Western Australia enacts as follows: Part 1 — Preliminary 1. Short title This is the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) Part 2 — on the day after that day; (c) Part 3 — on a day fixed by proclamation, and different days may be fixed for different provisions. Part 2 — General provisions about the Agreement 3. Terms used In this Part — scheduled agreement means the agreement of which a copy is set out in Schedule 1; the Agreement means the scheduled agreement or, if it is varied in accordance with its terms, that agreement as varied from time to time. 4. Ratification and authorisation (1) The scheduled agreement is ratified. (2) The implementation of the Agreement is authorised. 5. State empowered under clause 20 The State has power in accordance with clause 20 of the Agreement. 6. Effect on other laws (1) The Agreement operates and takes effect despite any enactment or other law. (2) If a provision of the scheduled agreement expressly or by implication purports to modify or exclude the application or operation of an enactment for a purpose or in relation to a person or thing, the application or operation of the enactment is modified or excluded for that purpose, or in relation to that person or thing, to the extent or for the period mentioned in the provision or necessary for the provision to have effect. (3) To avoid doubt, it is declared that the provisions of the Public Works Act 1902 section 96 do not apply to the railway constructed pursuant to the Agreement. (4) This section does not limit or otherwise affect the application of the Government Agreements Act 1979. Part 3 — Provisions about access to the railway constructed under the Agreement Division 1 — Modification of the Railways (Access) Act 1998 7. Railways (Access) Act 1998 modified The Railways (Access) Act 1998 must be applied as if amended as set out in this Division. 8. Section 3 amended (1) In section 3(1) insert in alphabetical order: Railway (Roy Hill Infrastructure) Agreement means the Agreement as defined in the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 section 3; (2) In section 3(1) in the definition of railways network after paragraph (ba) insert: (ca) the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement; and (3) After section 3(4) insert: (5) Subsections (3) and (4) do not apply to a siding or spur line associated with the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement. 9. Section 12A inserted After section 11B insert: 12A. Modification of the Code for the purposes of the Railway (Roy Hill Infrastructure) Agreement (1) The Minister may, under this section, modify the Code for the purposes of its application to the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement. (2) If, after the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 section 9 has come into operation, the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement is expanded or extended (including by the addition of a spur line), the Minister must, under this section, modify the Code so that it applies to the expansion or extension. (3) Section 5 (where relevant) and sections 10 to 11A do not apply to or in relation to a modification under this section. (4) Modifications under this section are to be made by order published in the Gazette. (5) Modifications under or for the purposes of subsection (2) are not amendments of the Code for the purposes of section 9(2) to (6) of this Act. Division 2 — Modification of the Railways (Access) Code 2000 10. Railways (Access) Code 2000 modified The Railways (Access) Code 2000 must be applied as if amended as set out in this Division. 11. Section 3 amended (1) In section 3 insert in alphabetical order: Railway (Roy Hill Infrastructure) Agreement means the Agreement as defined in the Railway (Roy Hill Infrastructure Pty Ltd) Agreement Act 2010 section 3; (2) In section 3 in the definition of railways network after paragraph (ba) insert: (ca) the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement; and 12. Section 54 inserted At the end of Part 6 insert: 54. Transitional provision — Railway (Roy Hill Infrastructure) Agreement Until the Regulator publishes in the Gazette notice of a determination under Schedule 4 clause 3(1)(a) subparagraph (iia), the weighted average cost of capital for the railway infrastructure referred to in that subparagraph is such percentage as the Regulator fixes by notice published in the Gazette under this section. 13. Schedule 1 amended After Schedule 1 item 52 insert: Railway (Roy Hill Infrastructure) Agreement Route 53. All tracks that are part of the railway constructed pursuant to the Railway (Roy Hill Infrastructure) Agreement. 14. Schedule 4 amended After Schedule 4 clause 3(1)(a)(ia) insert: (iia) the railway infrastructure associated with that part of the railways network described in item 53 in that Schedule; and Division 3 — Expiry of Part 15. Expiry of Part (1) In this section — TPA Undertaking Acceptance Date has the meaning given in clause 15(1) of the Agreement. (2) This Part expires at the end of the day immediately before the TPA Undertaking Acceptance Date. (3) The Minister must publish, in the Gazette, notice of the TPA Undertaking Acceptance Date. (4) The Interpretation Act 1984 section 37 applies, under section 39 of that Act, subject to clause 15(6)(d) of the Agreement. Schedule 1 — Railway (Roy Hill Infrastructure Pty Ltd) Agreement 2010 [s. 3] 2010 THE STATE OF WESTERN AUSTRALIA and ROY HILL INFRASTRUCTURE PTY LTD ACN 130 249 633 and ROY HILL HOLDINGS PTY LTD ACN 123 721 077 ROY HILL IRON ORE PTY LTD ACN 123 722 038 RAILWAY (ROY HILL INFRASTRUCTURE PTY LTD) AGREEMENT 2010 [Solicitor's details] THIS AGREEMENT is made this 22 day of June 2010 BETWEEN THE HONOURABLE COLIN JAMES BARNETT, MEc., M.L.A., Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called "the State") of the first part, ROY HILL INFRASTRUCTURE PTY LTD ACN 130 249 633 of Level 3, Hppl House, 28 42 Ventnor Avenue, West Perth, Western Australia (hereinafter called "the Company" in which term shall be included its successors and permitted assigns) of the second part, and ROY HILL HOLDINGS PTY LTD ACN 123 721 077 (hereinafter called "RHH") and ROY HILL IRON ORE PTY LTD ACN 123 722 038 (hereinafter called "RHIO") both of Level 3, Hppl House, 28‑42 Ventnor Avenue, West Perth, Western Australia (hereinafter collectively called "the Guarantors") of the third part. WHEREAS: A. RHH is investigating the feasibility of RHIO, a subsidiary of RHH, developing under the Mining Act a project for the mining and sale, by export to overseas purchasers, of iron ore from the Roy Hill mining area in the Pilbara region of Western Australia. B. RHH is also investigating the feasibility of the Company constructing and operating a railway from the Roy Hill mining area to the Port of Port Hedland together with train unloading, stockpiles, re‑claimers, conveyors, ship loading and associated facilities within that port primarily for the transport to, and shipment from that port, of such iron ore. C. The State for the purposes of promoting development of the iron ore industry and employment opportunity generally in Western Australia and for the purpose of promoting the development of multi user infrastructure facilities in the Pilbara region of Western Australia has agreed to assist the development of the abovementioned railway, port and associated facilities upon and subject to the terms of this Agreement. NOW THIS AGREEMENT WITNESSES: Definitions 1. In this Agreement subject to the context: "Access Act" means the Railways (Access) Act 1998 (WA); "Access Code" means the Railways (Access) Code 2000 (WA); "advise", "apply", "approve", "approval", "consent", "certify", "direct", "notice", "notify", "request", or "require", means advise, apply, approve, approval, consent, certify, direct, notice, notify, request or require in writing as the case may be and any inflexion or derivation of any of those words has a corresponding meaning; "approved proposal" means a proposal approved or deemed to be approved under this Agreement; "Boodarie multi‑user stockyard area" means that area adjacent to the boundary of the Port (as at the date of this Agreement), which the State intends be vested in the Port Authority under the Port Authorities Act, the approximate boundaries of which are outlined and shaded red on the plan marked "A" initialled by or on behalf of the parties for the purpose of identification only; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "EP Act" means the Environmental Protection Act 1986 (WA); "Government agreement" has the meaning given in the Government Agreements Act 1979 (WA); "iron ore products" includes iron ore of all grades and all products from the processing of iron ore; "LAA" means the Land Administration Act 1997 (WA); "Lateral Access Roads" has the meaning given in clause 7(1); "Lateral Access Road Licence" means a miscellaneous licence granted pursuant to clause 13(1)(b) or clause 13(2) as the case may be and according to the requirements of the context describes the area of land from time to time the subject of that licence; "laws relating to native title" means laws applicable from time to time in Western Australia in respect of native title and includes the Native Title Act 1993 (Commonwealth); "local government" means a local government established under the Local Government Act 1995 (WA); "manganese ore products" means manganese ore of all grades from the Nicholas Downs mining area and all products solely from the processing of such manganese ore; "Mining Act" means the Mining Act 1978 (WA); "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 Company and includes the successors in office of the Minister; "Minister for Mines" means the Minister in the Government of the State for the time being responsible for the administration of the Mining Act; "month" means calendar month; "Nicholas Downs mining area" means the area the subject of mining leases 46/80, 46/81 and 46/121 held at the date of this Agreement by Nicholas Downs Pty Ltd ACN 131 992 295, a company related to RHH; "other products" includes manganese ore products and mineral ores other than iron ore products; "person" or "persons" includes bodies corporate; "Pilbara Iron Ore Railways" means each railway constructed under a Government agreement which is located wholly or substantially in one or more of the local government districts of Ashburton, East Pilbara, Port Hedland and Roebourne at the date of this Agreement; "Port" means the Port of Port Hedland and pending the vesting of the land comprising the Boodarie multi‑user stockyard area in the Port Authority a reference to the "Port" in this Agreement shall include the Boodarie multi‑user stockyard area; "Port Authority" means the Port Hedland Port Authority, being the body corporate established for the Port under the Port Authorities Act; "Port Authorities Act" means the Port Authorities Act 1999 (WA); "Port Authorities Minister" means the Minister in the Government of the State for the time being responsible for the administration of the Port Authorities Act; "Port Facilities" means facilities (excluding the Port Railway and associated access roads within the Port Railway Area) within the Port necessary for the construction, operation and maintenance of train unloading, stockpiles, re‑claimers, conveyors and other facilities (including access roads) for the unloading of iron ore products and, with the consent of the Port Authority, manganese ore products and other products from the Port Railway and the transport of iron ore products and, with the consent of the Port Authority, manganese ore products and other products to ship loading facilities for shipment from the Port and of a ship loading terminal, which may include conveyors, wharves and ship loading facilities, maintenance and administration buildings and roads; "Port Facilities Area" means before the grant of the Port Facilities Lease and Licence that part or those parts (as the case may be) of the Port the subject of a subsisting agreement pursuant to clause 8(1)(a) and after the grant of the Port Facilities Lease and Licence, the area or areas (as the case may be) from time to time leased or licensed to the Company under the Port Facilities Lease and Licence; "Port Facilities Lease and Licence" means a lease and licence granted by the Port Authority to the Company (and unless otherwise agreed with the State during the currency of this Agreement, under the Port Authorities Act) in relation to the construction, operation and maintenance of the Port Facilities for a term which ends at the same time as the Special Railway Licence (including as renewed), as varied in accordance with its provisions, and according to the requirements of the context describes the area or areas (as the case may be) from time to time the subject of that lease and licence; "Port Railway" means that part of the Railway within the Port; "Port Railway Area" means before the grant of the Port Railway Lease and Licence that part or those parts (as the case may be) of the Port the subject of a subsisting agreement pursuant to clause 8(1)(c) and after the grant of the Port Lease and Licence, the area or areas (as the case may be) from time to time the subject of that lease and licence; "Port Railway Lease and Licence" means a lease and licence granted by the Port Authority to the Company (and unless otherwise agreed with the State during the currency of this Agreement, under the Port Authorities Act) in relation to the construction, operation and maintenance of the Port Railway for a term which ends at the same time as the Special Railway Licence (including as renewed), and according to the requirements of the context describes the area or areas (as the case may be) from time to time the subject of that lease and licence; "Private Roads" means Lateral Access Roads and the Company's access roads within the Railway Corridor; "Project" means the construction and operation under this Agreement of the SRL Railway and associated infrastructure within the Railway Corridor including access roads and of the Lateral Access Roads in accordance with approved proposals; "Rail Safety Act" means the Rail Safety Act 1998; "Railway" means a standard gauge heavy haul railway initially from the Roy Hill mining area to the Port Facilities Area for the transport of iron ore products, freight goods and other products to the Port together with all railway track, associated track structures including sidings, turning loops, over or under track structures, supports (including supports for equipment or items associated with the use of a railway) tunnels, bridges, train control systems, signalling systems, switch and other gear, communication systems, electric traction infrastructure, buildings (excluding office buildings, housing and freight centres), workshops and associated plant, machinery and equipment and including rolling stock maintenance facilities, terminal yards, depots, culverts and weigh bridges which railway is or is to be (as the case may be) the subject of approved proposals under clauses 10 and 11 of this Agreement and includes any expansion or extension thereof outside the Port which is the subject of additional proposals approved in accordance with clause 12 and any expansion or extension thereof within the Port which has been approved by the Port Authority under the provisions of the Port Railway Lease and Licence; "Railway Corridor" means, prior to the grant of the Special Railway Licence, the land for the route of the SRL Railway, access roads (other than Lateral Access Roads), areas from which stone, sand, clay and gravel may be taken, temporary accommodation facilities for the railway workforce and water bores which is the subject of a subsisting agreement pursuant to clause 7(1) and after the grant of the Special Railway Licence the land from time to time the subject of the Special Railway Licence; "Railway Operation Date" means the date of the first carriage of iron ore products, freight goods or other products over the Railway (other than for construction or commissioning purposes); "Roy Hill mining area" means the area outlined and shaded red on the plan marked "B" initialled by or on behalf of the parties for the purpose of identification and being at the date of this Agreement the subject of exploration licences 46/334, 46/335 and 46/592 held by RHIO; "said State" means the State of Western Australia; "Special Railway Licence" means the miscellaneous licence for railway and, if applicable, other purposes, granted to the Company pursuant to clause 13(1)(a), as varied in accordance with clause 13(8) and according to the requirements of the context describes the area of land from time to time the subject of that licence; "SRL Railway'" means that part of the Railway which is or is to be (as the case may be) located outside the Port; "SRL Railway spur line" means a standard gauge heavy haul railway spur line from a mine, or in the vicinity of a mine, in the Pilbara region of the said State connecting to the SRL Railway (and whether to the initial railway line the subject of approved proposals under clauses 10 and 11 or to an expansion or extension thereof, including a spur line, which is the subject of additional proposals approved in accordance with clause 12) for the transport upon the SRL Railway to the Port of iron ore products, freight goods and other products; "SRL Railway spur line Operation Date" means in respect of a SRL Railway spur line, the date of the first carriage of iron ore products, freight goods or other products over that spur line (other than for construction or commissioning purposes); "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; and "Trade Practices Act" means the Trade Practices Act 1974 (Commonwealth). Interpretation 2. (1) In this Agreement: (a) monetary references are references to Australian currency unless otherwise specifically expressed; (b) power given under any clause other than clause 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 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) a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally; (g) reference to an Act includes the amendments to that Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; (h) reference to the Access Code includes the amendments to that code for the time being in force and also any code established or made in substitution therefor or in lieu thereof; (i) reference in this Agreement to any other document includes that document as from time to time added to, varied or amended and notwithstanding any change in the identity of the parties; (j) reference to a clause or schedule is a reference to a clause or schedule to this Agreement, and a reference to a subclause or paragraph is a reference to the subclause of the clause or paragraph of the clause or subclause as the case may be in, or in relation to, which the reference is made; (k) "including" means "including, but not limited to"; and (l) reference to a "person" includes a body corporate. (2) Nothing in this Agreement shall be construed to exempt the State or the Company from compliance with or to require the State or the Company to do anything contrary to any law relating to native title or any lawful obligation or requirement imposed on the State or the Company as the case may be pursuant to any law relating to native title. (3) Nothing in this Agreement shall be construed to exempt the Company from compliance with any requirement in connection with the protection of the environment arising out of or incidental to its activities under this Agreement that may be made by or under the EP Act. Ratification and operation 3. (1) The State shall introduce and sponsor a Bill in the State Parliament of Western Australia prior to 31 December 2010 or such later date as may be agreed between the parties hereto to ratify this Agreement. The State shall endeavour to secure the timely passage of such Bill as an Act. (2) The provisions of this Agreement other than this clause and clauses 1 and 2 will not come into operation until the Bill referred to in subclause (1) has been passed by the State Parliament of Western Australia and comes into operation as an Act. (3) If by 30 June 2011 the said Bill has not commenced to operate as an Act then, unless the parties hereto otherwise agree, this Agreement will then cease and determine and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement. (4) On the date on which the said Bill commences to operate as an Act all the provisions of this Agreement will operate and take effect despite any enactment or other law. Initial obligations of the State 4. The State shall subject to the adequate protection of the environment (including flora and fauna) and the land affected (including improvements thereon), and subject to the Company (unless the Minister otherwise allows) furnishing to the Minister the written consents referred to in clause 7(3)(a), arrange for the issue of requisite authority under the LAA to allow the Company to enter upon Crown land as defined in the LAA (including, if applicable, land the subject of a pastoral lease, but excluding land within the Port other than the Boodarie multi‑user stockyard area before any vesting of the land comprising it in, or any placing of the land comprising it under the care, control and management of, the Port Authority) with plant and equipment to carry out all works to the extent reasonably necessary for the purposes of undertaking its obligations under clause 5(1). Initial obligations of the Company 5. (1) The Company shall continue field and office geological, geophysical, geotechnical, engineering and environmental investigations and studies and marketing and finance studies and other matters necessary for the purposes of clauses 7 and 8 and to enable it to finalise and to submit to the Minister the detailed proposals referred to in clause 10. (2) The Company shall keep the State fully informed in writing at quarterly intervals from the date specified in clause 3(4) as to the progress and results of its operations under subclause (1) and supply to the Minister such information in relation thereto as the Minister may request from time to time. (3) The Company 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 the Company to undertake. Aboriginal Heritage Act 1972 6. For the purposes of this Agreement the Aboriginal Heritage Act 1972 (WA) applies as if it were modified by: (a) the insertion before the full stop at the end of section 18(1) of the words: "and the expression "the Company" means the persons from time to time comprising "the Company" in their capacity as such under the agreement made on 22 June 2010 between The Honourable Colin James Barnett, Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities from time to time, Roy Hill Infrastructure Pty Ltd ACN 130 249 633, Roy Hill Holdings Pty Ltd ACN 123 721 077 and Roy Hill Iron Ore Pty Ltd ACN 123 722 038, as varied from time to time, in relation to the use or proposed use of land pursuant to that agreement after and in accordance with approved proposals under that agreement and in relation to the use of that land before any such approval of proposals where the Company has the requisite authority to enter upon and so use the land"; (b) the insertion in sections 18(2), 18(4), 18(5) and 18(7) of the words "or the Company as the case may be" after the words "owner of any land"; (c) the insertion in section 18(3) of the words "or the Company as the case may be" after the words "the owner"; (d) the insertion of the following sentences at the end of section 18(3): "In relation to a notice from the Company the conditions that the Minister may specify can as appropriate include, among other conditions, a condition restricting the Company's use of the relevant land to after the approval or deemed approval as the case may be under the abovementioned agreement of all of the Company's submitted initial proposals thereunder for the Project (as defined in the abovementioned agreement), or in the case of additional proposals submitted or to be submitted by the Company to after the approval or deemed approval under that agreement of such additional proposals, and to the extent so approved. "; and (e) the insertion in sections 18(2) and 18(5) of the words "or it as the case may be" after the word "he". The Company acknowledges that nothing in this clause 6 nor the granting of any consents under section 18 of the Aboriginal Heritage Act 1972 (WA) will constitute or is to be construed as constituting the approval of any proposals submitted or to be submitted by the Company under this Agreement or as the grant or promise of land tenure for the purposes of this Agreement. Railway Corridor 7. (1) As soon as practicable during its studies under clause 5, and from time to time during those studies as required by either the Company or the State, the Company shall consult with the Minister to seek the agreement of the Minister as to: (a) where the SRL Railway will begin and end; (b) a route for the SRL Railway, access roads to be within the Railway Corridor and the land required for that route as well as associated infrastructure including areas from which stone, sand, clay and gravel may be taken, temporary accommodation facilities for the railway workforce and water bores; and (c) the routes of, and the land required for, roads outside the Railway Corridor for access to it to construct the SRL Railway (such roads as agreed being "Lateral Access Roads"). In seeking such agreement, regard shall be had to achieving a balance between engineering matters including costs, the nature and use of any lands concerned and interests therein and the costs of acquiring the land (all of which shall be borne by the Company). The parties acknowledge the intention is for the Company to construct the SRL Railway and the access roads for the construction and maintenance of the SRL Railway which are to be within the Railway Corridor along the centreline of the Railway Corridor subject to changes in that alignment to the extent necessary to avoid heritage, environmental or poor ground conditions that are not identified during preliminary investigation work, and recognise the width of the Railway Corridor may need to vary along its route to accommodate associated infrastructure including access roads, areas from which stone, sand, clay and gravel may be taken, temporary accommodation facilities for the railway workforce and water bores. The provisions of clause 32 shall not apply to this subclause. (2) If the date by which the Company must submit detailed proposals under clause 10(1) is extended or varied by the Minister pursuant to clause 27, any agreement made pursuant to subclause (1) before such date is extended or varied shall unless the Minister notifies the Company otherwise be deemed to be at an end and neither party shall have any claim against the other in respect of it. (3) The Company acknowledges that it shall be responsible for liaising with every title holder in respect of the land affected and for obtaining in a form and substance acceptable to the Minister all unconditional and irrevocable consents of each such title holder to, and all statutory consents required in respect of the land affected for: (a) the issue of requisite authority under the LAA pursuant to clause 4 and the undertaking of the matters referred to in clause 5(1) (including as applying pursuant to clause 12(2)); (b) the grant of the Special Railway Licence for the construction, operation and maintenance within the Railway Corridor of the SRL Railway and access roads to be within the Railway Corridor; (c) the grant of Lateral Access Road Licences for the construction, use and maintenance of Lateral Access Roads over the routes for the Lateral Access Roads agreed pursuant to clause 7(1) (including as applying pursuant to clause 12(2)); and (d) the inclusion of additional land in the Special Railway Licence as referred to in clause 13(8), in accordance with this Agreement. For the purposes of this subclause (3), "title holder" means a management body (as defined in the LAA) in respect of any part of the affected land, a person who holds a mining, petroleum or geothermal energy right (as defined in the LAA) in respect of any part of the affected land, a person who holds a lease or licence under the LAA in respect of any part of the affected land, a person who holds any other title granted under or pursuant to a Government agreement in respect of any part of the affected land, a person who holds a lease or licence in respect of any part of the affected land under any other Act applying in the said State and a person in whom any part of the affected land is vested, immediately before in respect of paragraph (a) the grant of the authority referred to therein and in respect of paragraphs (b), (c) and (d) the provision of such consents to the Minister as referred to in clause 10(5)(b) (including as applying pursuant to clause 12(4)). Port Facilities 8. (1) As soon as practicable during its studies under clause 5, and from time to time during those studies as required by either the Company or the State, the Company shall consult with the Minister to seek the agreement of the Minister (acting with the concurrence of the Port Authorities Minister) as to: (a) (i) an area or areas (as the case may be) of the Port to be leased to the Company; and (ii) an area or a