{"id":"BILL-WA-DFA6A91F2F64FA1348258DA9000D8658","name":"Collie Coal (Griffin) Agreement Amendment Bill 2026","slug":"collie-coal-griffin-agreement-amendment-bill-2026","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2026-02-25","administeringDepartment":null,"currentVersion":{"id":446163,"registerId":"BILL-WA-DFA6A91F2F64FA1348258DA9000D8658:current","compilationNumber":null,"startDate":"2026-02-25","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:36.561Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Collie Coal (Griffin) Agreement Amendment Bill 2026\n\n61—1 page i\nWestern Australia\nCollie Coal (Griffin) Agreement Amendment\nBill 2026\nContents\n1. Short title 2\n2. Commencement 2\n3. Act amended 2\n4. Section 2 amended 2\n5. Section 6 inserted 3\n6. Ratification of 2026 variation agreement 3\n6. Schedule 4 inserted 4\nSchedule 4 — 2026 variation agreement\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nCollie Coal (Griffin) Agreement Amendment\nBill 2026\nA Bill for\nAn Act to amend the Collie Coal (Griffin) Agreement Act 1979.\nThe Parliament of Western Australia enacts as follows:\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 1\npage 2\n1. Short title1\nThis is the Collie Coal (Griffin) Agreement Amendment2\nAct 2026.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) sections 1 and 2 — on the day on which this Act6\nreceives the Royal Assent;7\n(b) the rest of the Act — on the day after that day.8\n3. Act amended9\nThis Act amends the Collie Coal (Griffin) Agreement Act 1979.10\n4. Section 2 amended11\n(1) In section 2 insert in alphanumerical order:12\n13\n2026 variation agreement means the agreement a copy14\nof which is set out in Schedule 4;15\n16\n(2) In section 2 in the definition of Agreement:17\n(a) in paragraph (c) delete “agreement.” and insert:18\n19\nagreement; and20\n21\n(b) after paragraph (c) insert:22\n23\n(d) as varied by the 2026 variation agreement.24\n25\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 5\npage 3\n5. Section 6 inserted1\nAfter section 5 insert:2\n3\n6. Ratification of 2026 variation agreement4\n(1) The 2026 variation agreement is ratified.5\n(2) The implementation of the 2026 variation agreement is6\nauthorised.7\n(3) Without limiting or otherwise affecting the8\nGovernment Agreements Act 1979, the 2026 variation9\nagreement operates and takes effect despite any10\nenactment or other law.11\n(4) The following provisions of the Agreement operate and12\ntake effect despite the Environmental Protection13\nAct 1986 section 5, any other provision of that Act and14\nany approved policy under that Act —15\n(a) clause 17(9) and (10), as inserted in the16\nAgreement by the 2026 variation agreement;17\n(b) clause 38(2) to (6), as inserted in the18\nAgreement by the 2026 variation agreement.19\n(5) Subsection (4) does not limit subsection (3).20\n21\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 4\n6. Schedule 4 inserted1\nAfter Schedule 3 insert:2\n3\nSchedule 4 — 2026 variation agreement4\n[s. 2]5\n20266\n7\n8\nTHE HONOURABLE ROGER COOK9\nPREMIER OF THE STATE OF WESTERN AUSTRALIA10\nAND11\nTHE GRIFFIN COAL MINING COMPANY PTY LIMITED12\n(RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)13\nACN 008 667 28514\n15\n16\n17\n18\n19\nCOLLIE COAL (GRIFFIN) AGREEMENT 197920\nRATIFIED VARIATION AGREEMENT21\n22\n23\n24\n25\n26\n27\n28\n29\n[Solicitor’s details]30\n31\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 5\nTHIS AGREEMENT is made this 19 day of February 20261\n2\nBETWEEN3\n4\nTHE HONOURABLE ROGER COOK, M.L.A., Premier of the State of5\nWestern Australia, acting for and on behalf of the said State and its6\ninstrumentalities from time to time (\"the State\") of the one part7\nAND8\nTHE GRIFFIN COAL MINING COMPANY PTY LIMITED9\nACN 008 667 285 (receivers and managers appointed) (in liquidation) of Level10\n1, 7 Rheola Street, West Perth, Western Australia (\"the Company\") of the other11\npart.12\n13\nRECITALS14\nA. The State and the Company are the parties to the agreement dated15\n5 November 1979 (which was ratified by and is scheduled to the Collie16\nCoal (Griffin) Agreement Act 1979) and which as subsequently varied is17\nreferred to in this Agreement as the \"Principal Agreement\".18\nB. The parties wish to vary the provisions of the Principal Agreement on19\nthe terms and conditions set out in this Agreement.20\nTHE PARTIES AGREE AS FOLLOWS:21\n1. Ratification and operation22\n(1) This Agreement, other than this clause, does not come into23\noperation except in accordance with subclause (2).24\n(2) This Agreement, other than this clause, comes into operation25\non the day on which it is ratified by an Act of the Parliament26\nof Western Australia (\"Operative Date\") unless, before that27\nday, it terminates under subclauses (4) or (5).28\n(3) The State must introduce in the Parliament of Western29\nAustralia on or before 19 March 2026 or a later date agreed30\nbetween the parties to this Agreement, a Bill to ratify this31\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 6\nAgreement however the State is not obliged to endeavour to1\nsecure its passage as an Act.2\n(4) If by 30 June 2026 this Agreement has not been ratified by an3\nAct of the Parliament of Western Australia then, unless the4\nparties to this Agreement otherwise agree, this Agreement5\nterminates on that day and no party hereto will have any claim6\nagainst any other party hereto with respect to any matter or7\nthing arising out of, done, performed, or omitted to be done8\nor performed under this Agreement.9\n(5) The parties agree that if the Principal Agreement is otherwise10\ndetermined in accordance with its provisions on a day prior to11\nthe Operative Date, then this Agreement shall also terminate12\non and from that day and no party hereto will have any claim13\nagainst any other party hereto with respect to any matter or14\nthing arising out of, done, performed, or omitted to be done15\nor performed under this Agreement.16\n(6) The State acknowledges and agrees that, notwithstanding any17\nother provision of this Agreement or the Principal Agreement:18\n(a) Sean Holmes and Grant Sparks (\"Receivers\")19\nexecute this Agreement as joint and several20\nreceivers and managers of the assets of the21\nCompany for and on behalf of and as agents of the22\nCompany;23\n(b) the Receivers are not liable in their personal24\ncapacity in any way in connection with this25\nAgreement or the Principal Agreement, except to26\nthe extent any liability is caused or contributed to by27\nthe recklessness, fraud, gross negligence or wilful28\nmisconduct of any Receiver;29\n(c) to the maximum extent permitted by law, the State30\nreleases and forever discharges the Receivers31\npersonally from any liability under this Agreement32\nor the Principal Agreement, except to the extent any33\nliability is caused or contributed to by the34\nrecklessness, fraud, gross negligence or wilful35\nmisconduct of any Receiver; and36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 7\n(d) the limitations on the Receivers’ liability under this1\nAgreement will continue notwithstanding the2\nReceivers ceasing to act as receivers and managers3\nof the assets of the Company or this Agreement4\nbeing terminated or amended.5\n2. Variations of the Principal Agreement6\nThe Principal Agreement is varied as follows:7\n(1) in clause 1 by:8\n(a) inserting in the appropriate alphabetical position the9\nfollowing new definitions:10\n\"Additional Land Titles\" means any interests or11\nrights in or over land held by the Company as at12\n20 February 2026 and used for the purposes of its13\noperations under this Agreement (including any14\ninterest or right referred to in Schedule \"E\") (each15\nas varied from time to time) and includes any16\ninterest or right issued to the Company from time to17\ntime in renewal, substitution, conversion or18\nreplacement for such interests and rights, in whole19\nor part, together with any further interests or rights20\nin or over land issued to the Company from time to21\ntime for the purposes of its operations under this22\nAgreement (but does not include the Company's23\nCoal Mining Leases, Additional Mining24\nTenements, leases, licences and easements granted25\npursuant to subclause (1) of Clause 22 and the26\nCompany's Freehold Land);27\n\"Additional Mining Tenements\" means the mining28\ntenements referred to in Schedule \"D\" and includes29\nany mining tenement issued to the Company from30\ntime to time in renewal, substitution, conversion or31\nreplacement for such a mining tenement, in whole32\nor part, together with any further mining tenements33\nissued to the Company from time to time for the34\npurposes of its operations under this Agreement;35\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 8\n\"Additional Rights and Approvals\" means the1\nstatutory rights and approvals (under the laws of the2\nState and the laws of the Commonwealth) referred3\nto in Schedule \"F\" (each as varied from time to time)4\nand includes any rights or approvals issued from5\ntime to time to the Company in renewal,6\nsubstitution or replacement for such rights or7\napprovals, in whole or part, together with any8\nfurther statutory rights or approvals issued to the9\nCompany from time to time for the purposes of its10\noperations under this Agreement;11\n\"approved proposal\" means a proposal approved or12\ndetermined under this Agreement;13\n\"Change in Control\" means, in respect of any14\nperson, a change in the person or persons who,15\ndirectly or indirectly, ultimately Control that person16\nother than as a result of any dealing in securities17\nlisted on a recognised stock exchange. In addition:18\n(i) any change in the identity of; or19\n(ii) any cessation in the appointment of,20\neither the receivers and managers or liquidators of21\nthe Company from those appointed as at22\n20 February 2026 will be deemed to be a Change in23\nControl;24\n\"Company's Freehold Land\" means the freehold25\nland referred to in Schedule \"G\" together with any26\nother freehold land owned by the Company from27\ntime to time that is wholly or partially within the28\nmining areas (including the areas the subject of the29\nAdditional Mining Tenements);30\n\"CALM Act\" means the Conservation and Land31\nManagement Act 1984;32\n\"Control\" has the meaning given in section 50AA33\nof the Corporations Act and in addition a person34\ncontrols a second person if:35\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 9\n(i) the first person or persons would be taken1\nto control the second person but for2\nsections 50AA(3) and (4) of the3\nCorporations Act); or4\n(ii) the first person has voting power (as5\ndefined in section 610 of the Corporations6\nAct) of at least 50% in the second person;7\n\"Coolangatta Rail Corridor Surrender Land\" means8\nthe portions of the mining tenements held by the9\nCompany as indicatively described in Schedule \"I\"10\nand as to be more particularly described pursuant to11\nsubclause (10)(b) of Clause 17;12\n\"Corporations Act\" means the Corporations13\nAct 2001 (Cth);14\n\"EP Act\" means the Environmental Protection15\nAct 1986;16\n\"Ewington Rail Infrastructure Surrender Land\"17\nmeans the portions of the mining tenements held by18\nthe Company containing the Ewington Rail19\nInfrastructure as indicatively described in Schedule20\n\"H\" and as to be more particularly described21\npursuant to subclause (9)(a) of Clause 17;22\n\"FP Act\" means the Forest Products Act 2000;23\n\"General Manager\" means that term as defined24\nunder the FP Act;25\n\"LA Act\" means the Land Administration Act 1997;26\n\"Mining Act 1978\" means the Mining Act 1978;27\n\"State Entity\" means an agency, authority, body28\ncorporate or other entity comprising part of the State29\n(including the Public Transport Authority30\nestablished under the Public Transport Authority31\nAct 2003);32\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 10\n\"third variation date\" means the date on which1\nClause 2 of the variation agreement made on or2\nabout 20 February 2026 between the Honourable3\nRoger Cook, Premier of the State of Western4\nAustralia, acting for and on behalf of the said State5\nand its instrumentalities from time to time and the6\nCompany comes into operation;7\n(b) deleting the existing definition of \"associated8\ncompany\";9\n(c) deleting the existing definitions of \"Company's Coal10\nMining Leases\", \"Conservator of Forests\", \"Forests11\nAct\", \"Land Act\", \"mining areas\", \"Minister for12\nMines\" and \"Public Works Act\" and inserting in the13\nappropriate alphabetical position the following new14\ndefinitions in substitution:15\n\"Company’s Coal Mining Leases\" means such of16\nthe coal mining leases referred to in Schedule “A”17\nhereof together with such of the coal mining leases18\ngranted to the Company pursuant to Clause 21 as19\nthe Company holds from time to time during the20\ncurrency of this Agreement, and on and from the21\nthird variation date this phrase shall also include the22\nAdditional Mining Tenements on the basis that:23\n(i) Clause 11A will apply to future activities24\non the Additional Mining Tenements (and25\nfor the avoidance of doubt the Company26\nwill not be required to submit any mining27\nproposals, mine closure plans,28\nprogrammes of works or other authorising29\ndocuments under the Mining Act 1978 in30\nrespect of their activities on the Additional31\nMining Tenements) and any activities32\napproved prior to the third variation date33\n(whether under the Mining Act, the34\nMining Act 1978 or this Agreement) shall35\nbe deemed as being the subject of36\napproved proposals under this Agreement;37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 11\n(ii) the Additional Mining Tenements shall1\ncontinue to be mining authorisations for2\nthe purposes of the Mining Rehabilitation3\nFund Act 2012;4\n(iii) Clauses 21 (to the extent of5\nsubclauses (5), (8) and (10)), 26, 32, 366\nand 37 will apply to the Additional Mining7\nTenements as if the Additional Mining8\nTenements were the Company's Coal9\nMining Leases; and10\n(iv) subject to the above paragraphs and as in11\nthis Agreement otherwise expressly or12\nimpliedly provided all provisions of the13\nMining Act 1978 and the regulations14\nthereunder (to the extent applicable) will15\napply to the Additional Mining16\nTenements (including as to rent and17\nrenewal) and activities on or under the18\nland the subject of such tenements19\n(including any requirement to comply20\nwith tenement conditions);21\n\"Conservator of Forests\" means the person for the22\ntime being holding or acting in the office of the23\nConservator of Forests under the provisions of the24\nForests Act, the CEO under the CALM Act or the25\nGeneral Manager under the FP Act (subject to the26\ncontext);27\n\"Forests Act\" means the Forests Act 1918, the28\nCALM Act or the FP Act (subject to the context);29\n\"Land Act\" means the Land Act 1933 or the LA Act30\n(subject to the context);31\n\"mining areas\" means the areas over which the32\nCompany at the date hereof holds coal mining33\nleases under the Mining Act referred to in Schedule34\n“A” hereof together with the areas in respect of35\nwhich the Company has at the date hereof applied36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 12\nfor coal mining leases under the Mining Act1\nreferred to in Schedules “B” and “C” hereof, and on2\nand from the third variation date this term shall also3\ninclude the areas the subject of the Additional4\nMining Tenements;5\n\"Minister for Mines\" means the Minister in the6\nGovernment of the State for the time being7\nresponsible for the administration of the Mining Act8\nor the Mining Act 1978 (subject to the context);9\n\"Public Works Act\" means the Public Works10\nAct 1902 or the LA Act (as the context requires);11\n(2) in clause 2 by:12\n(a) renumbering the existing clause as subclause (1),13\ndeleting the word \"and\" at the end of paragraph (c)14\nof the subclause and inserting the following new15\nparagraphs at the end of the subclause before the full16\nstop:17\n\"(e) words in the singular shall include the18\nplural and words in the plural shall include19\nthe singular (subject to the context);20\n(f) reference to another document includes21\nthat document as from time to time added22\nto, varied or amended and23\nnotwithstanding any change in the identity24\nof the parties;25\n(g) \"including\" means \"including, but not26\nlimited to\"; and27\n(h) reference to a \"person\" or \"third party\"28\nincludes a body corporate\"; and29\n(b) inserting the following new subclause:30\n\"(2) Nothing in this Agreement shall be31\nconstrued to exempt:32\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 13\n(a) the State or the Company from1\ncompliance with or to require2\nthe State or the Company to do3\nanything contrary to the laws4\nrelating to native title or any5\nlawful obligation or requirement6\nimposed on the State or the7\nCompany as the case may be8\npursuant to any laws relating to9\nnative title; or10\n(b) the Company from compliance11\nwith the provisions of the12\nAboriginal Heritage Act 1972.\";13\n(3) in clause 11A by inserting after subclause (4) the following14\nnew subclauses:15\n\"Extension of timeframes of approved proposals16\n(4a) Subject to Clause 10 and this Clause generally, all17\ntimeframes (whether express or implied) for any18\nactivities obliged and authorised to be undertaken19\nby the Company pursuant to this Agreement and20\napproved proposals hereunder (including measures21\nto be taken for the protection and management of22\nthe environment) on or prior to 30 June 2026 shall23\nbe deemed extended on and from the third variation24\ndate to 30 September 2026. For the avoidance of25\ndoubt, this deemed extension will also apply in26\nrelation to any activities on land the subject of the27\nAdditional Mining Tenements that are deemed as28\nbeing the subject of approved proposals under this29\nAgreement.30\nAdditional proposals for period from 1 October 2026 to31\n30 June 203132\n(4b) The Company shall:33\n(a) not later than one month after the third34\nvariation date (or such extended time as35\nthe Minister may allow) submit detailed36","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Collie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 14\nproposals under and in accordance with1\nClause 10 for the period from2\n1 October 2026 to 30 June 2029 for the3\nexploration and development of the coal4\nresource contained in the Company’s Coal5\nMining Leases and as to such of the6\nmatters mentioned in paragraphs (a) to (l)7\nof subclause (1) of Clause 7 as the8\nMinister may require; and9\n(b) not earlier than 1 January 2029 and not10\nlater than 31 March 2029 (or such11\nextended time as the Minister may allow)12\nsubmit detailed proposals under and in13\naccordance with Clause 10 for the period14\nfrom 1 July 2029 to 30 June 2031 for the15\nexploration and development of the coal16\nresource contained in the Company’s Coal17\nMining Leases and as to such of the18\nmatters mentioned in paragraphs (a) to (l)19\nof subclause (1) of Clause 7 as the20\nMinister may require,21\nand in each case such proposals shall be deemed to22\nmeet the requirement of Clause 10 that the23\nproposals evidence a significant variation of the24\nCompany's activities under this Agreement to a25\ngreater extent than those specified in any approved26\nproposals.\";27\n(4) in clause 12 by deleting the clause and inserting the following28\nnew clause in substitution:29\n\"Access30\n12. On reasonable prior notice and subject to31\ncompliance with reasonable safety requirements32\nand directions, the Company will permit and33\nfacilitate the Minister and any other officer or34\nperson authorised by them to enter upon any land35\nand access any works, services or facilities for the36\npurpose of making any survey, inspection or37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 15\nexamination relating to the administration or1\npurposes of this Agreement.\";2\n(5) in clause 14 by:3\n(a) renumbering the existing clause as subclause (1)4\nand deleting from that subclause the word \"During\"5\nand substituting the words \"Subject to6\nsubclause (2), during\"; and7\n(b) inserting the following new subclause:8\n\"(2) The parties acknowledge that on and from9\nthe third variation date the Company will10\nnot be required to furnish any plan11\npursuant to subclause (1) given that the12\nCompany is required to submit detailed13\nproposals for the period from14\n1 October 2026 to 30 June 2031 pursuant15\nto subclause (4b) of Clause 11A.\";16\n(6) in clause 17 by:17\n(a) deleting subclause (8) and inserting the following18\nnew subclause in substitution:19\n\"(8) Subject to subclauses (9) and (10) of this20\nClause and Clauses 36 and 37, the21\nCompany may, with the prior consent of22\nthe Minister, enter into an agreement with23\na third party (including a State Entity)24\nproviding for:25\n(a) access to the Ewington Rail26\nInfrastructure for the transport27\nof goods (including goods other28\nthan coal); and29\n(b) the connection of railway30\ninfrastructure owned or31\noperated by a third party32\n(including a State Entity) to33\nfacilitate such access,34\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 16\nand the coal mining leases underlying the Ewington1\nRail Infrastructure shall be deemed to authorise2\nsuch access and connection.\"; and3\n(b) inserting after subclause (8) the following new4\nsubclauses:5\n\"Ewington Rail Infrastructure Surrender Land6\n(9)(a) Subject to paragraph (b), by notice to the7\nCompany from the Minister (\"ERIL8\nSurrender Notice\"), the Company shall be9\ndeemed for all purposes to have in10\naccordance with the Agreement, the11\nMining Act and the Mining Act 197812\nunconditionally surrendered those13\nportions of the mining tenements14\ncomprising the Ewington Rail15\nInfrastructure Surrender Land (as more16\nparticularly described and delineated in17\nthe notice) effective on and from the date18\nof the notice and the Ewington Rail19\nInfrastructure (which for the avoidance of20\ndoubt does not include the conveyor, haul21\nroad, water pipeline and loading silo22\nwithin the Ewington Rail Infrastructure23\nSurrender Land and any other excluded24\ninfrastructure specified in the ERIL25\nSurrender Notice) shall, for no26\nconsideration, become the absolute27\nproperty of the State or such State Entity28\nas the Minister may nominate in their29\nnotice from that same date.30\n(b) The Minister may only (but is not required31\nto) give the ERIL Surrender Notice under32\nparagraph (a) after consulting with the33\nCompany (to the extent the Minister34\nconsiders appropriate) and being satisfied35\nthat for the purposes of this Agreement the36\nCompany:37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 17\n(i) will retain or be immediately (on1\ngiving of the notice) granted2\npriority rights of use of the3\nEwington Rail Infrastructure on4\nreasonable terms and conditions5\n(including without the payment6\nof costs relating to maintenance7\nof, or access to, the Ewington8\nRail Infrastructure (but may9\ninclude payment for transport10\nservices provided to the11\nCompany by the State, a12\nrelevant State Entity or any third13\nparty operator or manager of the14\nEwington Rail Infrastructure));15\nand16\n(ii) will retain or be immediately (on17\ngiving of the notice) granted18\naccess rights to use and maintain19\nany excluded infrastructure20\n(including as such infrastructure21\nmay be agreed to be relocated)22\nwithin the Ewington Rail23\nInfrastructure Surrender Land.24\n(c) Notwithstanding any law including the25\nCALM Act and the EP Act, on and from26\nthe date of the ERIL Surrender Notice:27\n(i) any State forest within the28\nEwington Rail Infrastructure29\nSurrender Land shall cease to be30\nState forest and will remain or31\nbecome Crown land within the32\nmeaning of the LA Act and33\nsections 9 and 10A the CALM34\nAct are disapplied for the35\npurposes of this subclause; and36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 18\n(ii) the land the subject of the1\nsurrender of any mining2\ntenement (in whole or part)3\npursuant to this subclause shall4\nbe deemed to be land exempted5\nfrom mining under section 19 of6\nthe Mining Act 1978.7\n(d) The State shall cause a publication to be8\npromptly made in the Gazette advising of9\nany area of land ceasing to be State forest10\nin accordance with paragraph (c) of this11\nsubclause.12\n(e) The State shall cause a notation or other13\nendorsement to be promptly made in the14\nregister maintained under the Mining15\nAct 1978 recording the surrender of any16\nmining tenement (in whole or part)17\npursuant to this subclause and the18\nexemption of such land from mining and19\nsuch endorsement may be made without20\nany further formalities, approvals or21\npreconditions.22\n(f) The Company further agrees to do23\neverything reasonably necessary to24\nfacilitate the surrender of mining25\ntenements and transfer of infrastructure26\ncontemplated by paragraph (a) of this27\nsubclause, the vesting or change in tenure28\nof the land formerly comprising the29\nEwington Rail Infrastructure Surrender30\nLand as described and delineated in the31\nERIL Surrender Notice), and/or the grant32\nof, or change in, tenure (including by33\nvirtue of the creation of a reserve and34\nmanagement order and/or the grant of a35\nlease or easement) by the State in respect36\nto that land to, a State Entity and in that37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 19\nregard, without limitation, the Company1\nagrees:2\n(i) any such surrender, transfer,3\nvesting, change in tenure and/or4\ngrant will not be contrary to5\nClause 31 or any other clause of6\nthis Agreement;7\n(ii) to transfer to the State, for no8\nconsideration and as if the9\ntransfer was pursuant to an10\nagreement under section 168 of11\nthe LA Act following12\nregistration of a notice of13\nintention to take the land, any14\nfreehold land it may hold15\nunderlying the Ewington Rail16\nInfrastructure Surrender Land17\nrequired by the State to become18\nCrown land for the purpose of19\nthe vesting, change in tenure20\nand/or grant;21\n(iii) to facilitate the grant of22\ninvestigative rights and23\nauthorisations, whether under24\nthe LA Act or otherwise, in25\nrelation to the Ewington Rail26\nInfrastructure Surrender Land in27\nanticipation of any vesting,28\nchange in tenure and/or grant29\ncontemplated by this subclause;30\nand31\n(iv) to facilitate the redesignation of32\nthe light vehicle road on and in33\nvicinity of the Ewington Rail34\nInfrastructure Surrender Land as35\na public road under the control36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 20\nand management of the Shire of1\nCollie.2\n(g) For the avoidance of doubt excluded3\ninfrastructure specified in the ERIL4\nSurrender Notice remains subject to this5\nAgreement, including subclause (2) of6\nClause 37 and Clause 50.7\nCoolangatta Rail Corridor Surrender Land8\n(10)(a) The Company acknowledges the State's9\nintention to authorise the construction of a10\nrailway from a proposed industrial estate11\nat Coolangatta and connecting to the12\nCompany's rail loop comprising part of13\nthe Ewington Rail Infrastructure as a14\npublic work under the Public Works Act15\nand to sponsor a special Act in that regard.16\n(b) In furtherance of the State's intention17\ndescribed in paragraph (a), the parties18\nacknowledge and agree that:19\n(i) subject to subparagraph (ii), by20\nnotice to the Company from the21\nMinister (\"CRC Surrender22\nNotice\"), the Company shall be23\ndeemed for all purposes in24\naccordance with this25\nAgreement, the Mining Act and26\nthe Mining Act 1978 to have27\nunconditionally surrendered28\nthose portions of the mining29\ntenements comprising the30\nCoolangatta Rail Corridor31\nSurrender Land (as more32\nparticularly described and33\ndelineated in the notice)34\neffective on and from the date of35\nthe notice and any infrastructure36\n(which for the avoidance of37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 21\ndoubt does not include the1\nconveyor, haul road or water2\npipeline within that land and any3\nother excluded infrastructure4\nspecified in the CRC Surrender5\nNotice) shall, for no6\nconsideration, become the7\nabsolute property of the State or8\nsuch State Entity as the Minister9\nmay nominate in their notice10\nfrom that same date;11\n(ii) the Minister may only (but is not12\nrequired to) give the CRC13\nSurrender Notice under14\nsubparagraph (i) after the15\nenactment of the special Act16\nreferred to in paragraph (a),17\nconsulting with the Company (to18\nthe extent the Minister considers19\nappropriate) and being satisfied20\nthat for the purposes of this21\nAgreement the Company:22\n(A) will retain or be23\nimmediately (on24\ngiving of the notice)25\ngranted priority rights26\nof use of any27\nnecessary transferred28\ninfrastructure on29\nreasonable terms and30\nconditions; and31\n(B) will retain or be32\nimmediately (on33\ngiving of the notice)34\ngranted access rights35\nto use and maintain36\nany excluded37\ninfrastructure38\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 22\n(including as such1\ninfrastructure may be2\nagreed to be relocated)3\nwithin the Coolangatta4\nRail Corridor5\nSurrender Land;6\n(iii) paragraphs (c) to (g) of7\nsubclause (9) of this Clause8\nshall apply mutatis mutandis to9\nthis paragraph as if references to10\nthe Ewington Rail Infrastructure11\nSurrender Land were to the12\nCoolangatta Rail Corridor13\nSurrender Land, and references14\nto the ERIL Surrender Notice15\nwere to the CRC Surrender16\nNotice.\";17\n(7) in clause 21 by:18\n(a) deleting in subclause (2a) the words19\n\"subclause (2b)\" and substituting the words20\n\"subclauses (2b) and (2c)\";21\n(b) inserting after subclause (2b) the following new22\nsubclauses:23\n\"(2c) The term of each coal mining lease,24\ngranted to the Company pursuant to25\nsubclause (1) of this Clause and subsisting26\nimmediately prior to the third variation27\ndate, is deemed to continue until28\n30 June 2031 subject to the sooner29\ndetermination of such term upon the30\ncessation or determination of this31\nAgreement.\";32\nExtended term of particular coal mining leases33\ncomprising Additional Mining Tenements34\n(2d) The terms of coal mining leases 12/774,35\n775, 844 and 845, held by the Company36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 23\nand subsisting immediately prior to the1\nthird variation date, are deemed to2\ncontinue until 30 June 2031 subject to the3\nsooner determination of such terms upon4\nthe cessation or determination of this5\nAgreement.\";6\n(c) deleting in paragraph (a) of subclause (7) the words7\n\"or an associated company\"; and8\n(d) inserting in subclause (10) after the words9\n\"provided that\" the words \", unless the Minister for10\nMines otherwise allows,\";11\n(8) in clause 22 by renumbering the existing clause as12\nsubclause (1) and inserting the following new subclause:13\n\"(2) On and from the third variation date the Additional14\nLand Titles shall be deemed to be interests and15\nrights granted pursuant to subclause (1) of this16\nClause on the basis that:17\n(a) Clause 11A will apply to future activities18\non the Additional Land Titles and any19\nactivities approved or authorised prior to20\nthe third variation date (whether under the21\nLand Act or this Agreement) shall be22\ndeemed as being the subject of approved23\nproposals under this Agreement;24\n(b) Clauses 32, 36 and 37 will apply to the25\nAdditional Land Titles as if the Additional26\nLand Titles were granted pursuant to27\nsubclause (1) of this Clause; and28\n(c) subject to the above paragraphs and as in29\nthis Agreement otherwise expressly or30\nimpliedly provided all provisions of the31\nLand Act (to the extent applicable) will32\napply to the Additional Land Titles33\n(including as to rent and renewal) and34\nactivities on or under the land the subject35\nof such interests and rights (including any36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 24\nrequirement to comply with terms and1\nconditions of the interests and rights).\";2\n(9) in clause 25 by:3\n(a) deleting subclause (1) and inserting the following4\nnew subclause in substitution:5\n\"(1) The Company shall not, without the prior6\nconsent of the Minister, enter into, or vary,7\nany agreement for the sale of coal8\nincluding for export from the State.\"; and9\n(b) deleting subclause (3);10\n(10) in clause 26 by inserting the following new subclause after11\nsubclause (3):12\n\"Application of Part 8A of the Taxation13\nAdministration Act 200314\n(4) The administration of this Clause is to be15\nread subject to Part 8A of the Taxation16\nAdministration Act 2003.\";17\n(11) in clause 32 by:18\n(a) deleting in paragraph (a) of subclause (1) the words19\n\"to an associated company as of right and to any20\nother company or person\" and substituting the21\nwords \"to any person\";22\n(b) deleting in paragraph (b) of subclause (1) the words23\n\"as of right an associated company\" and the words24\n\"other company or\";25\n(c) inserting the following new subclauses after26\nsubclause (1):27\n\"(1a) A Change in Control of the Company is28\ndeemed, for the purposes of this Clause, to29\nbe an assignment requiring the prior30\nconsent of the Minister and the Company31\nshall not permit or facilitate the Change in32\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 25\nControl without the prior consent of the1\nMinister.2\n(1b) A breach by the Company of its3\nobligations under subclause (1) of this4\nClause (including any Change in Control5\nwithout the prior consent of the Minister6\nas required under subclause (1) by virtue7\nof subclause (1a)) shall, without prejudice8\nto any other remedy or right of the State9\n(including to damages), be deemed a10\nmaterial default of the Company for the11\npurposes of subclause (1) of Clause 3612\nand the State may, at its election, give13\nnotice to the Company:14\n(a) to remedy, or procure the15\nremedy of, the default; or16\n(b) immediately determining this17\nAgreement.\";18\n(d) inserting in subclause (2) after the words \"under19\nsubclause (1) of this Clause\" the words \"(including20\nany deemed assignment under subclause (1) by21\nvirtue of subclause (1a))\"; and22\n(e) inserting in subclause (3):23\n(i) after the first reference to the words24\n\"Mining Act\", the words \", Mining25\nAct 1978\"; and26\n(ii) after the second reference to the words27\n\"Mining Act\", the words \"or the Mining28\nAct 1978\";29\n(12) in clause 35 by deleting the clause and inserting the following30\nnew clause in substitution:31\n\"Power to vary periods or dates32\n35. Notwithstanding any provision of this Agreement33\nthe Minister may at the request of the Company34\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 26\nfrom time to time vary or further vary any period or1\ndate referred to in this Agreement as the Minister2\nthinks fit whether or not the period or the date to be3\nvaried has passed.\";4\n(13) in clause 37 by:5\n(a) in paragraph (a) of subclause (1) deleting the words6\n\"coal mining lease granted to the Company pursuant7\nto subclause (1) of Clause 21 or\" and inserting the8\nterm \"Company's Coal Mining Lease\" in9\nsubstitution;10\n(b) deleting subclause (2) and inserting the following11\nnew subclause in substitution:12\n\"(2) Subject to the provisions of subclause (3)13\nof this Clause upon the cessation or14\ndetermination of this Agreement all15\nbuildings erections and other16\nimprovements erected on any land the17\nsubject of the Company's Coal Mining18\nLeases or any other lease, licence,19\neasement, right or grant made hereunder20\nfor the purpose hereof shall, unless the21\nMinister gives prior notice to the22\nCompany requiring the Company to, at23\nthe Company's cost, remove the relevant24\nimprovement and rehabilitate the relevant25\nland, become and remain the absolute26\nproperty of the State without the payment27\nof any compensation or consideration to28\nthe Company or any other party and freed29\nand discharged from all mortgages and30\nother encumbrances and the Company31\nshall do and execute all such deeds32\ndocuments and other acts matters and33\nthings (including surrenders) as the State34\nmay reasonably require to give effect to35\nthe provisions of this subclause.\";36","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Collie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 27\n(c) deleting subclause (3) and inserting the following1\nnew subclause in substitution:2\n\"(3) In the event of the Company immediately3\nprior to the cessation or determination of4\nthis Agreement or subsequently thereto5\ndesiring to remove any of its fixed or6\nmovable plant and equipment from any7\npart of the land occupied by it at the date8\nof such cessation or determination the9\nCompany shall:10\n(a) give to the State notice of such11\ndesire and thereby shall grant to12\nthe State the right or option13\nexercisable within 3 months14\nthereafter to purchase in situ the15\nsaid fixed or movable plant and16\nequipment or any part thereof at17\na fair valuation to be agreed18\nbetween the parties or failing19\nagreement determined by20\narbitration hereunder; and21\n(b) permit and facilitate the State22\nimmediately accessing and23\nusing the said fixed or moveable24\nplant and equipment on25\nreasonable terms and conditions26\npending the giving of notice by27\nthe Company and the28\nconsideration and exercise of29\nthe right or option by the State30\nunder paragraph (a).\"; and31\n(d) inserting after subclause (4) the following new32\nsubclause:33\n\"(5) For the avoidance of doubt, and without34\nlimiting section 114C of the Mining35\nAct 1978, on and following the cessation36\nor determination of this Agreement and37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 28\nnotwithstanding subclause (1) of this1\nClause and subject to subclauses (2) and2\n(3) of this Clause, the Company may (with3\nappropriate access protocols with relevant4\nthird party land and interest holders where5\nnecessary) enter and re-enter the mining6\nareas with such agents, employees,7\nvehicles, machinery and equipment as8\nmay be necessary for the purpose of9\ndischarging and satisfying any10\noutstanding decommissioning and11\nrehabilitation obligations or liabilities12\nunder this Agreement or the laws of the13\nState.\";14\n(14) in clause 38 by:15\n(a) renumbering clause 38 as subclause (1) and deleting16\nfrom that subclause the word \"Nothing\" and17\nsubstituting the words \"Subject to this Clause,18\nnothing\"; and19\n(b) inserting the following new subclauses after20\nsubclause (1):21\n\"(2) Notwithstanding any law including the22\nCALM Act and the EP Act, the Minister23\n(acting with the concurrence of the24\nMinister for the Environment and the25\nMinister for Mines) may, whether at the26\nrequest of the Company or acting on their27\nown initiative, from time to time28\ndetermine that certain land, within or29\ncontiguous and immediately proximate to30\nthe mining areas, shall cease to be State31\nforest and will remain or become Crown32\nland within the meaning of the LA Act.33\n(3) The Ministers, in considering under34\nsubclause (2) whether certain land should35\ncease to be State forest, may:36\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 29\n(a) have regard to the financial and1\ntechnical capacity for the land to2\nbe rehabilitated to local species3\nand the commercial, social and4\nenvironmental implications of5\nany proposed alternate end land6\nuse if the land remained or7\nbecame Crown land within the8\nmeaning of the LA Act and9\navailable for such alternate use;10\nand11\n(b) consult with such persons as12\nthey consider appropriate in13\ntheir absolute discretion.14\n(4) Section 9 and subsections (1), (2), (3), (5)15\nand (6) of section 10A of the CALM Act16\nare disapplied for the purposes of this17\nClause and any determination by the18\nMinisters under subclause (2) shall19\noperate for the purposes of section 10A(4)20\nof the CALM Act as a proposal that may21\nbe implemented by order of the Governor22\npublished in the Gazette and in23\naccordance with section 10A(7) on such24\npublication of the order declaring that the25\nland ceases to be State forest, the land26\nshall remain or become Crown land within27\nthe meaning of the LA Act.28\n(5) Notwithstanding any law of the State29\nrelating to the environment (including the30\nEP Act), the Minister (acting with the31\nconcurrence of the Minister for the32\nEnvironment and the Minister for Mines)33\nmay, in consequence of a determination34\nmade by them under subclause (2) of this35\nClause and taking into account any36\nproposed alternate end land use for the37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 30\nrelevant land, make a further1\ndetermination modifying the terms of:2\n(a) any requirement referred to in3\nsubclause (1) of this Clause4\nrelating to rehabilitation or5\notherwise relevant to any6\nproposed alternate land use,7\nincluding any condition or8\ncommitment under Ministerial9\nStatement 380; and10\n(b) any commitment of the11\nCompany under approved12\nproposals relating to13\nrehabilitation or otherwise14\nrelevant to any proposed15\nalternate land use,16\nand such modifications shall operate for17\nall purposes, and be notified or published,18\nas if they had been made in accordance19\nwith the relevant law of the State or this20\nAgreement (as the case requires).21\n(6) Notwithstanding any law of the State22\nrelating to the environment (including the23\nEP Act), the State may agree to release the24\nCompany from its obligations and25\nliabilities relating to decommissioning26\nand rehabilitation under this Agreement,27\nthe EP Act or any other law of the State,28\nin whole or in part, on such terms and29\nconditions as it considers appropriate.\";30\n(15) by deleting clause 41;31\n(16) in clause 42 by:32\n(a) deleting in subclause (1) the words \"their umpire\"33\nand inserting the words \"a third and presiding34\narbitrator\" in substitution;35\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 31\n(b) deleting in subclause (1) the words \"Arbitration1\nAct 1895\" and inserting the words \"Commercial2\nArbitration Act 2012\" in substitution; and3\n(c) deleting in subclause (3) the words \"or umpire (as4\nthe case may be)\";5\n(17) in clause 43 by:6\n(a) renumbering clause 43 as subclause (1); and7\n(b) inserting after subclause (1) the following new8\nsubclause:9\n\"(2) Subclause (1) of this Clause does not10\npreclude the parties providing notices,11\nconsents or other writings required by this12\nAgreement by electronic means in13\naccordance with a protocol agreed from14\ntime to time by the parties.\";15\n(18) in clause 44 by deleting the clause and inserting the following16\nin substitution:17\n\"Consultation18\n44. The Company shall during the currency of this19\nAgreement (and not less frequently than every20\n3 months) consult with and keep the State fully21\ninformed on a confidential basis concerning any22\naction that the Company is considering taking,23\nincluding with any third party (including the24\nCommonwealth or any Commonwealth constituted25\nagency authority instrumentality or other body),26\nwhich might significantly affect the interests of the27\nState, including the State's energy security,28\nfinancial, industrial and environmental interests.\";29\n(19) in clause 45 by inserting the following words at the end of the30\nclause before the full stop:31\n\"provided that the Company shall give prior notice to the State32\nof any proposed material new or varied subcontracting33\narrangement\";34\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 32\n(20) in clause 48 by inserting the following words at the end of the1\nclause before the full stop:2\n\"and except for matters to be referred to arbitration pursuant3\nto this Agreement the parties submit to the exclusive4\njurisdiction of the courts of Western Australia in relation to5\nany action or proceeding to settle any dispute or question6\narising out of or in connection with this Agreement\";7\n(21) in clause 49 by inserting after subclause (4) the following new8\nsubclauses:9\n\"(5) Subject to the provisions of subclause (6) and10\nClauses 36 and 37, the parties agree that on and11\nfrom the third variation date the term of this12\nAgreement is deemed to be extended for a further13\nperiod of 5 years expiring on 30 June 2031.14\n(6) The parties may at any time on such terms and15\nconditions mutually agreed determine this16\nAgreement provided that no matter in connection17\nwith a failure of the parties to agree under this18\nsubclause (6) shall be referable to arbitration19\nhereunder and subclauses (2) and (3) of Clause 3320\nshall apply as if such an agreement is an agreement21\nvarying the provisions of this Agreement in22\naccordance with subclause (1) of that Clause.\";23\n(22) by inserting the following new clause after clause 49:24\n\"Preparatory obligations for potential transfer of the25\nCompany's mining operations26\n50.(1) The State intends to give consideration, whether27\nduring the currency of this Agreement or in28\nanticipation of its expiry or determination, to29\nestablishing or nominating a third party (including30\na State Entity) (\"the New Entity\" ) to own, operate,31\nundertake or otherwise manage all or any part of the32\nCompany's mining and/or decommissioning and33\nrehabilitation operations contemplated by this34\nAgreement to better support and manage mining,35\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 33\nrehabilitation and orderly transition outcomes in the1\nCollie basin.2\n(2) Without limiting subclause (1) of Clause 32 or3\nsubclause (6) of Clause 49 and acknowledging the4\nState's contemplated course described in5\nsubclause (1), the Company agrees to facilitate the6\ncontinuity of operations (then being undertaken by7\nthe Company) by the New Entity, including by the8\nCompany:9\n(a) if and when, and to the extent requested by10\nthe Minister after agreeing compensation11\nwith the Company, transferring (or where12\nappropriate surrendering to facilitate13\ntransfer of operations to the New Entity)14\nits rights under this Agreement, the15\nCompany's Coal Mining Leases16\n(including the Additional Mining17\nTenements), the leases, licences and18\neasements granted pursuant to Clause 22,19\nthe Additional Land Titles, the Additional20\nRights and Approvals, the Company's21\nFreehold Land and any other relevant real22\nor personal property (including plant and23\nequipment, contractual rights (including24\nto the use of plant and equipment),25\nintellectual property and other26\ninformation) of the Company (in each27\ncase discharged from all encumbrances28\nunless the Minister otherwise allows);29\n(b) not taking any steps, without the prior30\nconsent of the Minister, that may31\nmaterially compromise the intended32\ntransfer of operations to the New Entity on33\na continuous and orderly basis (including34\nthe transfer or other disposal of any real or35\npersonal property of the Company36\nreferred to in paragraph (a));37\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 34\n(c) providing reasonable assistance to procure1\nthe transfer by third parties of their plant2\nand equipment (including their3\ncontractual rights to use plant and4\nequipment) relevant to the orderly5\ncontinuity of operations by the New6\nEntity; and7\n(d) if requested by the Minister, negotiating8\ncontractual arrangements with the New9\nEntity (or the State pending the10\nestablishment or nomination of the New11\nEntity) to provide mining and/or12\nrehabilitation services.13\n(3) The Company agrees to do all things reasonably14\nnecessary or conducive to fulfilling its obligations15\nunder subclause (2) of this Clause (including16\nnegotiating in good faith fair compensation having17\nregard to all relevant circumstances (including any18\nrelease under subclause (6) of Clause 38), making19\nnecessary applications for approvals and taking20\nreasonable steps to procure any necessary or21\nconducive assistance of relevant third parties) and22\nany dispute or difference between the parties23\nrelating to the determination of compensation or the24\nterms of the contractual arrangements referred to in25\nparagraph (d) of subclause (2) of this Clause is not26\nreferable to arbitration hereunder.27\n(4) The parties acknowledge that this Clause and28\nClause 31 do not limit any rights or powers of the29\nState to compulsorily acquire at any time any real or30\npersonal property referred to in paragraph (a) of31\nsubclause (2) of this Clause in furtherance of the32\nState's contemplated course described in33\nsubclause (1) of this Clause.\"; and34\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 35\n(23) by inserting the following new schedules after Schedule \"C\":1\n2\nSCHEDULE “D”3\nAdditional Mining Tenements4\nCoal mining leases 12/774, 775, 844 and 8455\nMining leases 12/33 – 39, 44 and 716\nGeneral purpose leases 12/1 – 4 and 77\nExploration licence 12/18\nProspecting licences 12/20, 25 and 269\nAny mining tenement grant pursuant to the application for:10\n• mining leases 12/6, 31, 32, 67 and 7011\n• general purpose lease 12/512\n• miscellaneous licence 12/213\n14\nSCHEDULE “E”15\nAdditional Land Titles16\nEasement N83088017\n18\nSCHEDULE “F”19\nAdditional Rights and Approvals20\nEPBC Approval 2001/376 (Environment Protection and Biodiversity21\nConservation Act 1999 (Cth))22\nMinisterial Statement 380 (Part IV EP Act)23\nEnvironmental Licence No. 6363/1995/14 (Part V EP Act)24\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 36\nLicence to Take Water No. 168071(2) (Section 5C Rights in Water and1\nIrrigation Act 1914)2\nLicence to Construct or Alter Well No. CAW210898(1) (Section 26D3\nRights in Water and Irrigation Act 1914)4\nVegetation Clearing Permits No. 5897/1 and 6946/1 (EP Act)5\nIndigenous Vegetation Clearing Licences No. LPW1136 and6\nLPW1149 (Country Areas Water Supply Act 1947)7\nDangerous Goods Licence No. DGS016475 (Dangerous Goods Safety8\nAct 2004)9\nMining Proposals in respect of mining lease 12/34 (dated10\n3 December 2010), mining lease 12/35 (dated 3 December 2010),11\nmining lease 12/71 (RegID122184), coal mining lease 12/844 (dated12\n24 August 2007) and coal mining lease 12/846 (RegID92138) (Mining13\nAct 1978)14\n15\nSCHEDULE “G”16\nCompany's Freehold Land17\nLots 4409 and 4110 on Deposited Plan 156809 and being the whole of18\nthe land in Certificate of Title Volume 225 Folio 67A19\nLot 1394 on Deposited Plan 109004 and being the whole of the land in20\nCertificate of Title Volume 991 Folio 421\nLots 4343 and 4363 on Deposited Plan 156425 and being the whole of22\nthe land in Certificate of Title Volume 1070 Folio 57623\nLot 1382 on Deposited Plan 109002 and being the whole of the land in24\nCertificate of Title Volume 1118 Folio 6325\nLot 1856 on Deposited Plan 120500 and being the whole of the land in26\nCertificate of Title Volume 1188 Folio 96927\nLot 1 on Plan 6954 and being the whole of the land in Certificate of28\nTitle Volume 1253 Folio 93029\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 37\nLot 5 on Diagram 27380 and being the whole of the land in Certificate1\nof Title Volume 1255 Folio 6412\nLot 2 on Plan 6954 and being the whole of the land in Certificate of3\nTitle Volume 1280 Folio 4464\nLot 1383 on Deposited Plan 109003 and being the whole of the land in5\nCertificate of Title Volume 1285 Folio 5696\nLot 4955 on Deposited Plan 170185 and being the whole of the land in7\nCertificate of Title Volume 1318 Folio 1738\nLot 2786 on Deposited Plan 139131 and being the whole of the land in9\nCertificate of Title Volume 1619 Folio 26510\nLot 1751 on Deposited Plan 90096 and being the whole of the land in11\nCertificate of Title Volume 1624 Folio 60912\nLot 1852 on Deposited Plan 120498 and being the whole of the land in13\nCertificate of Title Volume 1629 Folio 34914\nLot 1 on Deposited Plan 74040 and being the whole of the land in15\nCertificate of Title Volume 2870 Folio 9616\nLot 1750 on Deposited Plan 115841 and being the whole of the land in17\nCertificate of Title Volume 796 Folio 19318\nLot 4494 on Deposited Plan 157656 and being the whole of the land in19\nCertificate of Title Volume 1259 Folio 30620\nLot 1736 on Deposited Plan 115844 and being the whole of the land in21\nCertificate of Title Volume 1541 Folio 76522\nLot 1676 on Deposited Plan 115838 and being the whole of the land in23\nCertificate of Title Volume 1958 Folio 52224\n25\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 38\nSCHEDULE “H”1\nEwington Rail Infrastructure Surrender Land2\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 39\nSCHEDULE “I”1\nCoolangatta Rail Corridor Surrender Land2\n3\n4\n\nCollie Coal (Griffin) Agreement Amendment Bill 2026\ns. 6\npage 40\nEXECUTED as a deed.1\n2\n3\nSIGNED by THE HONOURABLE\nROGER COOK\nin the presence of:\n[Signature]\n______________________________\nSignature of witness\nSHARON KAYE ROBINS\nName of witness (block letters)\n)\n)\n) [Signature]\n4\nEXECUTED for and on behalf of\nTHE GRIFFIN COAL MINING\nCOMPANY PTY LIMITED\n(RECEIVERS AND MANAGERS\nAPPOINTED) (IN LIQUIDATION)\nby its joint and several receiver and\nmanager in the presence of:\n[Signature]\n______________________________\nSignature of witness\nCLAIRE COGHILL\nName of witness (block letters)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n)\n[Signature]\n__________________________\nSignature of receiver and\nmanager\nSEAN HOLMES\nName of receiver and manager\n(block letters)\n5","sortOrder":2}],"analysis":{"summary":{"status_summary":"The Bill is at the second reading stage in the Western Australian Legislative Council.","complexity_score":8,"likely_questions":["Why is the State ratifying an agreement with a company that is in liquidation?","What happens to the company's rehabilitation and decommissioning obligations if operations are transferred?","How will the surrender of the Ewington and Coolangatta rail corridor land affect existing environmental approvals?","What are the financial implications for the State if the company cannot fulfil its obligations under the varied agreement?","Does the Bill limit the company's ability to sell assets or change control without government consent?","How will the override of the Environmental Protection Act affect future environmental assessments?","What happens if the Bill is not passed by 30 June 2026?","Is there any compensation to the company for the infrastructure surrendered to the State?"],"complexity_factors":["Lengthy and detailed amendment of a complex state agreement spanning over 40 pages","Significant overrides of environmental legislation (Environmental Protection Act 1986, Conservation and Land Management Act 1984)","Involves a company in liquidation with receivers, adding legal complexity around liability and transfer of assets","Extensive interlocking definitions and cross-references between clauses and schedules","Contains provisions for compulsory surrender of land and infrastructure without compensation","Includes a mechanism for potential state takeover of mining operations with undefined compensation terms"],"plain_english_summary":"This Bill ratifies a variation to the Collie Coal (Griffin) Agreement that extends the company’s mining term to 30 June 2031, adds new tenements and land rights, and lets the State require surrender of specified rail land. It authorises third‑party use of rail, gives Ministers power to reclassify State forest and relax rehabilitation rules (overriding some environmental laws), and obliges the company in receivership to assist transfer of operations to a State‑nominated entity. It affects the company’s creditors, State environmental planning, and future Collie coal operations."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The 2026 variation materially broadens the original agreement's scope. The 1979 Agreement was a contract setting out mining rights and conditions for the Company. The variation (now ratified by this Bill) adds new land, tenements and statutory approvals into the Agreement, extends certain lease terms to 30 June 2031, creates mechanisms for the State to cause surrender and transfer of rail corridor land and infrastructure to the State or a State entity for no consideration, and empowers Ministers to reclassify State forest and to modify or release rehabilitation obligations. It also contemplates a State‑led transfer of operations to a newly nominated \"New Entity\" and limits certain dispute remedies and receivers' liabilities. Those features move the instrument beyond an ordinary contract variation toward creating statutory pathways for asset transfer, regulatory override of environmental/land procedures in specified cases, and state-managed operational transition — a significant expansion in both subject matter and public‑facing fiscal and environmental consequences compared with the original Agreement."},"complexity_factors":["Insertion of a full ratified variation agreement as Schedule 4 (multi-page, self-contained agreement with many clauses and schedules).","At least 20 new or revised defined terms added (e.g. Additional Mining Tenements, Additional Land Titles, Additional Rights and Approvals, Change in Control, third variation date).","Multiple nested conditional triggers: operative date, third variation date, ERIL Surrender Notice, CRC Surrender Notice, and timing windows for proposals (Clause 1, Clause 11A, Clause 17).","Extensive cross-references to multiple external statutes (Mining Act 1978, EP Act 1986, CALM Act 1984, LA Act 1997, Corporations Act, Mining Rehabilitation Fund Act 2012, Taxation Administration Act 2003, EPBC Act) increasing legal interdependence.","Disapplication/override language: inserted section 6(3) and (4) and clauses that disapply parts of environmental/forest laws in specified circumstances, creating statutory priority and interpretive complexity.","Substantial property and tenure mechanics: deeming additional tenements/land to be part of the Agreement, surrender and vesting of infrastructure to the State for no consideration, and register/gazette requirements (Clause 17; Schedules D–I).","Transfer and continuity provisions with non-arbitrable elements: Clause 50 requires facilitation of transfers and negotiation of compensation but excludes certain disputes from arbitration.","Changes to liabilities and releases: express personal releases and limitations on receivers' liability with exceptions for serious misconduct (Clause 1(6)).","Amendments that change remedies and default consequences (e.g. Change in Control treated as an assignment, breach treated as material default permitting termination) and updates to dispute resolution regime (Commercial Arbitration Act 2012 references).","Multiple new Ministerial discretions and concurrence requirements (Minister, Minister for the Environment and Minister for Mines) with broad, sometimes subjective, criteria (Clauses 17, 35, 38, 50)."],"plain_english_summary":"**What this Bill does (mechanics)\n\n- Ratifies and embeds a written variation to the 1979 Collie Coal (Griffin) Agreement into Western Australian law. The variation is printed as Schedule 4 to the Act and is brought into effect by the Bill (see inserted section 6 and Schedule 4).\n- States that the ratified variation operates and is implemented despite any other law (see inserted section 6(3)). It also says particular new provisions inserted into the Agreement operate despite the Environmental Protection Act 1986 and related policies (inserted section 6(4)).\n\nKey changes introduced by the variation agreement (what changes, who it affects and how)\n\n- New definitions and scope: the Agreement is expanded to add defined categories called \"Additional Mining Tenements\", \"Additional Land Titles\", \"Additional Rights and Approvals\", and \"Company's Freehold Land\" so more tenements, land and statutory approvals are treated as if already within the Agreement (see new definitions in Clause 1 of the variation). That means more of the company’s land, permits and approvals are governed by the Agreement.\n\n- Extension of term and coal-lease treatment: several existing coal leases and certain additional tenements are explicitly treated as part of the Company’s coal mining leases and, in many cases, their term is deemed to continue to 30 June 2031 unless the Agreement ends sooner (Clause 21(2c)–(2d); Clause 1 substitutions). The variation also expressly deems Additional Mining Tenements and Additional Land Titles to be subject to specified clauses of the Agreement from a trigger called the \"third variation date\".\n\n- Transitional project approvals and schedule for new proposals: the variation treats timeframes for activities already approved on or before 30 June 2026 as extended to 30 September 2026 (Clause 11A(4a)). It then requires the Company to lodge detailed proposals for the periods 1 October 2026–30 June 2029 and 1 July 2029–30 June 2031 (Clause 11A(4b)). Those proposals must address the matters the Minister may require under Clause 10/Clause 7.\n\n- Rail infrastructure and land surrender to the State: the variation gives the Minister the power to publish notices that cause specified parts of the Company’s rail corridor and rail infrastructure land (the \"Ewington Rail Infrastructure Surrender Land\" and the \"Coolangatta Rail Corridor Surrender Land\") to be deemed surrendered and to transfer the infrastructure to the State or a State entity for no consideration. The Minister may only give those notices after consultation and subject to specified protections for the Company’s user rights (Clause 17(9)–(10)). The State must publish gazette notices and update mining registers when that occurs (Clause 17(9)(d)–(e) and related subclauses). Schedules H and I identify the surrender areas.\n\n- Environmental and tenure law adjustments: parts of the variation explicitly disapply aspects of the Conservation and Land Management Acts and the Environmental Protection Act for the purposes of the surrender/transfer provisions and for specified determinations by Ministers (Clause 17(9)(c); Clause 38(2)–(6)). Clause 38 also gives the Minister(s) power to determine that particular land ceases to be State forest and to modify or release rehabilitation and decommissioning requirements in relation to such land.\n\n- Receiver protections: the variation records that the receivers (appointed over the Company) execute the agreement as agents on behalf of the Company and grants them personal releases and liability limits except for recklessness, fraud, gross negligence or wilful misconduct (Clause 1(6)(a)–(d)).\n\n- New State role for continuity/transition of operations: a new Clause 50 contemplates the State creating or nominating a \"New Entity\" (which may be a State entity) to take over some or all of the Company's mining, decommissioning or rehabilitation operations. The Company must facilitate continuity by transferring, surrendering or otherwise making available leases, rights, plant, equipment, approvals and contractual rights on agreed compensation terms; the parties must negotiate compensation in good faith, but disputes about compensation or certain contractual terms are not arbitrable under the Agreement (Clause 50).\n\n- Ministerial discretions and dispute resolution changes: the Minister gets wide powers to vary dates, consent to assignments/changes in control (with breach of those consent rules deemed a material default), and to issue surrender notices for infrastructure. Arbitration references are updated to the Commercial Arbitration Act 2012, and many specific matters (e.g. compensation and some transfer terms) are excluded from arbitration rights under the Agreement (Clauses 35, 32, 42 and Clause 50(3)).\n\nWhy it matters (practical effects, incentives, who pays, who decides)\n\n- Who gains concentrated benefits: the Company (and its receivers/managers) and any State entity the Minister nominates stand to benefit from arrangements that enable continued operation, asset transfers and a controlled handover of infrastructure and rights (Clauses 17, 21, 50). Receivers receive a contractual personal release except for serious misconduct (Clause 1(6)).\n\n- Who bears costs or risk: the State is placed in the position to acquire infrastructure and potentially assume or negotiate decommissioning/rehabilitation obligations (Clause 17(9)(a)–(f); Clause 38(5)–(6); Clause 50(2)–(4)). If the State agrees to release the Company from rehabilitation obligations, that reduces the Company’s future liability but shifts financial or environmental risk to the State (Clause 38(6)). The Bill does not by itself fix who ultimately pays; transfers and any compensation are to be agreed with the Company and, in some cases, the State reserves compulsory-acquisition powers (Clause 50(4)).\n\n- Who decides and the degree of discretion: the Minister (often acting with concurrence of the Minister for the Environment and the Minister for Mines) controls key decisions: consenting to third-party access, issuing ERIL/CRC surrender notices, determining State-forest reclassification, modifying rehabilitation requirements, and approving transfers or consent to changes in control (Clauses 17, 38, 32, 35, 50). Many of those decisions rest on Ministerial satisfaction and consultation that is discretionary rather than prescriptive (Clauses 17(9)(b), 38(2)–(3)).\n\n- Behaviour changes required by the Company: the Company must submit new detailed proposals on set timetables; permit State access for inspections; obtain Ministerial consent for significant sales, assignments or changes of control; facilitate transfer of rights, land and infrastructure; and negotiate compensation if asked to transfer operations (Clauses 11A, 12, 25, 32, 50). Non-compliance (for example, effecting a Change in Control without consent) is described as a material default and may permit the State to terminate the Agreement (Clause 32(1a)–(1b)).\n\nTrade-offs, opportunity costs and risks (implementation and compliance)\n\n- Disapplication and statutory override: the ratification clause declares the variation \"operates and takes effect despite any enactment or other law\" (inserted section 6(3)). That creates a legal priority for the Agreement in areas specified by the Bill (notably certain environmental and land-classification rules). The tangible effect is to narrow or override some procedural and substantive requirements under environmental and land statutes for the specified transfers and determinations (inserted section 6(4) and Clause 17(9)(c); Clause 38). That reduces statutory procedural constraints but increases implementation and litigation risk (e.g. potential for legal challenge to the extent any Commonwealth law or protected interest remains).\n\n- Fiscal exposure and rehabilitation risk: by enabling the State to accept infrastructure for no consideration and to modify or release rehabilitation obligations, the arrangement can shift decommissioning costs or long‑term rehabilitation responsibilities from the Company to the State or a State entity unless compensation arrangements are agreed (Clauses 17(9)(a), 38(5)–(6), 50(2)(a)). The Bill leaves the allocation of those costs to negotiation or later decisions.\n\n- Concentrated benefit / diffuse cost pattern: benefits (continued operation, asset transfers, limited receiver liability) are concentrated and identifiable; costs (long-term environmental management, fiscal outlays) are dispersed and may fall on taxpayers or future budgets unless compensation is secured.\n\n- Administrative and compliance burden: the Company must prepare and lodge detailed proposals within firm windows, facilitate transfers and provide ongoing consultation at least every three months (Clause 11A, Clause 44). The Minister has broad capacity to vary dates and make determinations (Clause 35; Clause 38), which introduces uncertainty about regulatory expectations and timing.\n\n- Limits on dispute resolution and release of certain claims: the variation narrows arbitrable topics for some transfer and compensation disputes and records releases for receivers, which changes the ordinary remedies and creates non‑arbitrable negotiation tracks for certain matters (Clause 50(3); Clause 1(6); Clause 42).\n\nImplementation risks and practical steps to watch\n\n- Triggering dates and conditions: several effects depend on the \"third variation date\" or the Agreement being ratified and on specific Ministerial notices (Clause 1 definitions; Clause 17). If those triggers are delayed or contested, implementation will be uncertain.\n- Interaction with Commonwealth approvals: the Agreement lists Commonwealth approvals (Schedule F, e.g. an EPBC approval) — changes that remove or alter State-level environmental steps may still need Commonwealth compliance.\n- Transfer logistics and valuation: transferring tenements, freehold, infrastructure and encumbrance releases requires registration, valuation and negotiated compensation; Clause 17 and Clause 50 set obligations but leave terms to future agreement.\n\nSummary statement: the Bill mechanically ratifies and prioritises a comprehensive variation of the 1979 Collie Coal (Griffin) Agreement that (1) extends the Agreement’s footprint and term to 2031 in specified respects, (2) creates a process for the State to take and control particular rail corridor and infrastructure land and transfer it to a State entity, (3) allows the Minister to alter rehabilitation/land-classification outcomes and to negotiate or effect transfers to a \"New Entity\" for the continuity of mining or rehabilitation operations, and (4) limits some legal remedies and releases the receivers in specified circumstances. These changes shift certain operational, financial and environmental responsibilities and decision-making discretion toward the State and compress or remove selected processes under existing environmental and land statutes (see inserted section 6, and the clauses described above)."}},"importantCases":[],"_links":{"self":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026","history":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026/history","analysis":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026/analysis","conflicts":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026/conflicts","importantCases":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026/important-cases","documents":"/api/acts/collie-coal-griffin-agreement-amendment-bill-2026/documents"}}