Browse (Land) Agreement Act 2012 (Western Australia)

This Act ratifies and authorises a single, specific land agreement between the State of Western Australia, the Kimberley Land Council Aboriginal Corporation and the registered native title claimants for the Goolarabooloo / Jabirr Jabirr Peoples. Mechanically the statute does three things.

First, at primary statutory level, it ratifies the scheduled agreement and authorises its implementation. Section 4(1) declares the scheduled agreement ratified and s 4(2) authorises implementation. The Act therefore converts the private contractual instrument recorded in Schedule 1 into a statutory instrument whose operation is explicitly endorsed by Parliament.

Second, the Act gives the scheduled agreement overriding operational force against other laws. Section 5(1) provides that each provision of the Agreement "operates and takes effect according to its terms notwithstanding any other Act or law". Section 5(2) goes further, providing that any purported modification of another Act or law contained or provided for in the scheduled agreement "operates and takes effect so as to modify that other Act or law for the purposes of the scheduled agreement". Those provisions mean the Agreement, as enacted into the Act, is intended to displace inconsistency with other statutes or laws in relation to the Agreement's terms.

Third, the Act excludes the Government Agreements Act 1979 from applying to the Agreement. Section 6(1) states the Government Agreements Act does not apply to or in relation to the Agreement regardless of the Ministerial administration arrangements. Section 6(2) prevents the Agreement (or any agreement scheduled to this Act) being declared a "Government agreement" under the Government Agreements Act. That removes the administrative procedures and oversight that would otherwise be available under the Government Agreements Act for certain state contracts.

CrestWestern Australia

Browse (Land) Agreement Act 2012

Western Australia

Browse (Land) Agreement Act 2012

Contents

Short title 2
Commencement 2
Terms used 2
Ratification and authorisation 2
Effect on other laws 2
Government Agreements Act 1979 not to apply 2

Schedule 1 — Browse (Land) Agreement

Notes

Compilation table 40

Defined terms

Western Australia

Browse (Land) Agreement Act 2012

An Act to ratify, and authorise the implementation of, an agreement between the State, the Native Title Party (for and on behalf of the Native Title Claim Group in relation to the Native Title Claim), as each is defined in the agreement, and the Kimberley Land Council Aboriginal Corporation, relating to the establishment of a liquefied natural gas precinct in the vicinity of James Price Point in the Kimberley region of Western Australia, and for incidental and other purposes.

The Parliament of Western Australia enacts as follows:

1. Short title

This is the Browse (Land) Agreement Act 2012.

2. Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3. Terms used

In this Act —

Agreement means the scheduled agreement or, if it is varied in accordance with its terms, that agreement as varied from time to time;

scheduled agreement means the agreement a copy of which is set out in Schedule 1.

4. Ratification and authorisation

(1) The scheduled agreement is ratified.

(2) The implementation of the Agreement is authorised.

5. Effect on other laws

(1) Each provision of the Agreement operates and takes effect according to its terms notwithstanding any other Act or law.

(2) Any purported modification of any other Act or law contained, or provided for, in a provision of the scheduled agreement operates and takes effect so as to modify that other Act or law for the purposes of the scheduled agreement according to its terms notwithstanding any other Act or law.

6. Government Agreements Act 1979 not to apply

(1) The Government Agreements Act 1979 does not apply to or in relation to the Agreement regardless of whether the administration of this Act is for the time being committed by the Governor to, or approved by the Governor to be placed under the control of, the Minister administering that Act.

(2) An agreement scheduled to, incorporated in, or appearing in, this Act cannot be declared under the Government Agreements Act 1979 to be a Government agreement for the purposes of that Act.

Schedule 1 — Browse (Land) Agreement

[s. 3]

Browse (Land) Agreement

The State of Western Australia<br>Goolarabooloo Jabirr Jabirr Peoples

Table of Contents

1. Definitions and Interpretation 2

1.1 Definitions 2

1.2 Interpretation 6

2. Ratification and Operation 7

3. Permitted use of LNG Precinct 7

4. Precinct Closure 8

4.1 Closure Decision 8

4.2 Notification of Closure Decision 8

4.3 Closure of Precinct where no Proponent 8

5. Port at End of Precinct Life 9

5.1 Port to continue operation at discretion of the State 9

5.2 Remediation and Grant if Port operation continues 10

5.3 Dispute in relation to terms of Port Lease 11

5.4 Remediation and Grant if Port ceases operation 11

6. Remediation of Precinct Land and Facilities 11

6.1 State to remediate Precinct Land and Facilities following End of Precinct Life 11

6.2 LNG Precinct Baseline Report 11

6.3 Remediation and Rehabilitation Works management plan 12

6.4 Carrying out of Remediation and Rehabilitation Works 12

6.5 Completion of Remediation and Rehabilitation Works 13

6.6 Dispute in relation to Remediation and Rehabilitation Works 13

7. Grant of Precinct Land 13

7.1 Grant of land following closure of the LNG Precinct 13

7.2 State and Native Title Party to determine form of title 14

7.3 Administrative Body to hold Grant Land 14

7.4 State not liable 14

7.5 Costs arising in relation to Grant 14

8. Limitation of further LNG Development on the
Kimberley Coastline 15

9. Assignment 15

10. Variation 16

10.1 Parties may vary Agreement 16

10.2 Minister to table variations in Parliament 16

11. Term 16

12. Power to extend periods 16

13. Duties 16

14. Notices 17

14.1 Manner of notice 17

14.2 Parties' notice details 17

15. Applicable law 17

16. Dispute Resolution 18

16.1 General dispute resolution 18

16.2 Dispute as to terms of Port Lease or Remediation and Rehabilitation Works 18

17. Warranty 20

Annexure 1 – Map of the Kimberley Coastline 22

Annexure 2 – LNG Precinct Plan 23

Date	30 June 2011
Parties
	The Honourable Brendon John Grylls, MLA, the Minister for Lands, acting for and on behalf of the State of Western Australia and its instrumentalities from time to time (the State).
	Kimberley Land Council Aboriginal Corporation (ABN 96 724 252 047 ICN) for and on behalf of the Native Title Party (in every respect other than clause 17 in which respect it is signing both as agent for the Native Title Party and in its own capacity), PO Box 2145 Broome, Western Australia, 6725 (the KLC).
Recitals
A	The Native Title Party are the registered native title claimants in relation to the land and waters the subject of the Native Title Claim.
B	The State intends establishing an LNG Precinct in the vicinity of James Price Point. The LNG Precinct is proposed to be developed within the area the subject of the Native Title Claim.
C	The State considers that the LNG Precinct is a unique and important project for the State of Western Australia, the particular circumstances of which justify the State's entry into this Agreement.
D	The State has committed to entering into this Agreement in relation to:<br> (a) limiting the use of the LNG Precinct;<br> (b) limiting further LNG development on the Kimberley Coastline;<br> (c) the remediation and rehabilitation of the land within the LNG Precinct at the End of Precinct Life; and<br> (d) the Grant of title within the LNG Precinct to the Native Title Party at the End of Precinct Life,<br>each on and subject to the terms of this Agreement.
E	The Native Title Party has authorised the KLC to execute this Agreement on their behalf.

It is agreed as follows.<br>1. Definitions and Interpretation

1.1 Definitions

In this Agreement subject to the context:

'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 shall have a corresponding meaning.

Access Road means the access road from the Broome‑Cape Leveque Road to the LNG Precinct as set out on the map in Annexure 2, and more specifically means those parts of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, being a total area of approximately 291 ha within the 1422.6 ha area marked G on Deposited Plan 68246, and within the 1000 ha and 2000 ha areas marked C and D on Deposited Plan 68246 respectively. In particular:

(a) an area of approximately 191 ha within the 1422.6 ha area marked G on Deposited Plan 68246;

(b) an area of approximately 40 ha within the 1000 ha area marked C on Deposited Plan 68246 and/or the 1422.6 ha area marked G on Deposited Plan 68246;

(c) an area of approximately 60 ha within the 2000 ha area marked D on Deposited Plan 68246 and/or the 1422.6 ha area marked G on Deposited Plan 68246.

***Administrative Body*** means the Administrative Body, as approved by the State and the Native Title Party, created to deliver benefits to or for the benefit of the Native Title Party and hold land Granted for the benefit of the Native Title Party under this Agreement, and, to the extent relevant as the holder of land Granted under this Agreement, to perform the obligations of the Native Title Party under this Agreement.

***Closure Decision*** means a decision to close the LNG Precinct in accordance with clause 4.

***Commencement Date*** means the date on which all of the provisions of this Agreement come into effect by operation of clause 2(d).

***Completion of Remediation*** means the date on which Remediation and Rehabilitation Works are completed or deemed to be completed under clause 6.5.

***Contamination*** has the same meaning as the CS Act.

***CS Act*** means the *Contaminated Sites Act 2003* (WA).

***End of Precinct Life*** occurs on the date determined under clause 4.2.

***Environmental Status Report*** has the meaning given in clause 6.4(e).

***EP Act*** means the *Environmental Protection Act 1986* (WA).

***EPBC Act*** means the *Environment Protection and Biodiversity Conservation Act 1999* (Cth).

***Excluded Facilities*** means:

(a) man‑made alterations to the shoreline;

(b) the Access Road and any other public or gazetted roads;

(c) any other ancillary infrastructure within the Onshore Service Corridor or infrastructure corridors located within road reserves or otherwise servicing the LNG Precinct;

(d) port infrastructure (including any facilities) within the Port Waters;

(e) breakwaters;

(f) any part of the seabed, including navigation channels and turning basins; and

(g) if under this Agreement or any other agreement any Facilities (including a Proponent's accommodation facilities within the Workers' Accommodation Site) are to be transferred to the Native Title Party, then:

(i) those Facilities; and

(ii) that part of the Precinct Land or Port Land (as the case may be) connected to those Facilities as set out in the agreement contemplated above.

***Facilities*** means all man made structures built within the LNG Precinct, but excludes the Excluded Facilities.

Grant means the grant, making, creation, declaration, dedication, proclamation, order or vesting of a right or interest in, or authority to, land and waters under any Law.

***Industrial Precinct*** means that part of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, being an area of approximately 1980 ha within the 2019.9 ha area marked B on Deposited Plan 68246, as referred to in the notice and set out on the map contained in Annexure 2 comprising:

(a) the industrial blocks for any Proponent; and

(b) the common user area.

***Kimberley Coastline*** means the coastline of the land so described on the map which forms Annexure 1 to this Agreement.

***LandCorp*** means the Western Australian Land Authority, established under section 5 of the *Western Australian Land Authority Act 1992* (WA), of Wesfarmers House, 40 The Esplanade, Perth, Western Australia, 6000.

***Law*** means any law of the Commonwealth or Western Australia and includes the common law and equity, any written law, statute, regulation or other instruments made under statute.

***LNG*** means liquefied natural gas and includes any associated condensate and liquefied petroleum gas.

***LNG Precinct*** means the development required to produce, store and ship LNG including:

(a) the Petroleum processing facility;

(b) all land, waters, infrastructure and land or water use (including shipping) associated with or required for the Petroleum processing facility; and

(b) ancillary facilities including power, gas and water processing to support the LNG Precinct,

to be built in the vicinity of James Price Point within the area of the Native Title Claim.

***LNG Precinct Baseline Report*** has the meaning given in clause 6.2(a).

***Loss*** means any loss, liability, claim, action, damage, cost, charge, expense (including legal fees on a solicitor‑client basis), diminution in value or deficiency, but does not include loss of profit, loss of production, loss of reputation or any indirect or consequential loss.

***Minister*** means the Minister in the Government of the State for the time being responsible for the administration of the Act that ratifies this Agreement and pending the passing of that Act means the Minister for Lands or such other Minister for the time being designated in a notice from the State to the Native Title Party and includes the successors in office of the Minister.

***Native Title Act*** means the *Native Title Act 1993* (Cth).

***Native Title Claim*** means the application pursuant to the Native Title Act made on behalf of the Goolarabooloo / Jabirr Jabirr Peoples (Federal Court No WAD 6002/1998; NNTT Number WC99/36) and as amended from time to time.

***Native Title Claim Group*** has the meaning set out in the Native Title Act in relation to the Native Title Claim.

***Native Title Party*** means the registered native title claimants under the Native Title Act for and on behalf of the Native Title Claim Group.

***Onshore Service Corridor*** means those parts of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, being a total area of 232 ha within the 1422.6 ha area marked G on Deposited Plan 68246, and within the 1000 ha and 2000 ha areas marked C and D on Deposited Plan 68246 respectively, as set out on the map contained in Annexure 2. In particular:

(a) an area of approximately 172 ha within the 1422.6 ha area marked G on Deposited Plan 68246;

(b) an area of approximately 24 ha within the 1000 ha area marked C on Deposited Plan 68246 and/or the 1422.6 ha area marked G on Deposited Plan 68246;

(c) an area of approximately 36 ha within the 2000 ha area marked D on Deposited Plan 68246 and/or the 1422.6 ha area marked G on Deposited Plan 68246.

***Permitted Assignee*** has the meaning given in clause 9.

***Petroleum*** has the meaning given in the *Petroleum and Geothermal Resources Act 1967* (WA).

***Port*** means the port vested in and operated by the Port Authority under the *Port Authorities Act 1999* (WA) within the Port Land and Port Waters.

***Port Authority*** means Broome Port Authority.

***Port Land*** means that area of approximately 110 ha within the 240.31 ha area comprising:

(a) that part of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, that is within the 226.3 ha area marked A on Deposited Plan 68246; and

(b) the area of 14.01 ha of Lot 3001 on Deposited Plan 68245,

as set out on the map contained in Annexure 2.

***Port Waters*** means that area set out on the map contained in Annexure 2.

***Post Contamination*** means Contamination that satisfies each of the following sub‑clauses (a) to (c) inclusive:

(a) did not exist prior to the creation of the LNG Precinct; and

(b) does not arise out of any Contamination that did exist prior to the creation of the LNG Precinct as identified in the LNG Precinct Baseline Report; and

***Precinct Land*** means the land comprised in the Industrial Precinct, Third Party Contractors' Site and Workers’ Accommodation Site for the purposes of clause 7.

***Precinct Supply Base*** means an area within the LNG Precinct used by a Proponent to supply that Proponent’s (including a joint venture in which a Proponent has a participating interest) offshore facilities that are supplying or intended to supply Petroleum to the LNG Precinct or that Proponent's activities relating to the exploration for or production of Petroleum intended for supply to the LNG Precinct.

***Project Rights*** means the rights, consents, permits, authorisations, leases, titles, tenures, easements, licences or approvals and other entitlements necessary to comply with obligations imposed in relation to, the LNG Precinct within the area of the LNG Precinct (together ***Approvals***), including all Grants, renewals, extensions, regrants and remaking of such rights, and including but not limited to:

(a) Approvals for any act done by the State, Proponents, LandCorp or the Port Authority for the purposes of the LNG Precinct, including works necessary for the construction, operation, maintenance, decommissioning and rehabilitation of facilities for any part of the LNG Precinct; and

(b) the making of necessary regulations or by‑laws or other legislative or administrative acts by the State as required for the construction, operation, maintenance, decommissioning and rehabilitation of the LNG Precinct.

***Proponent*** means each person who is an occupier of an industrial block within the LNG Precinct and who operates a Proponent Project.

***Proponent Project*** means a Proponent's project for the processing and exporting of LNG within and from the LNG Precinct carried out pursuant to and in accordance with the Project Rights and includes:

(a) receiving Petroleum and the establishment and operation of the Precinct Supply Base;

(b) pre‑treatment and processing of Petroleum into LNG and other products;

(d) all things necessary and incidental to paragraphs (a) to (c) above.

***Remediation and Rehabilitation Works*** means the remediation and rehabilitation of the LNG Precinct and includes:

(a) decommissioning and dismantling the Facilities; and

(b) remediation of any Post Contamination,

but does not include any remediation or rehabilitation of or to the Excluded Facilities.

***Taking Orders*** means the orders or instruments for the taking of rights and interests, including native title rights and interests, in the land comprised in the Precinct Land or otherwise registrable under Part 9 of the *Land Administration Act 1997* (WA).

***Third Party Contractors' Site*** means that part of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, being an area of approximately 200 ha within the 1000 ha area marked C on Deposited Plan 68246, as set out on the map contained in Annexure 2.

***Workers’ Accommodation Site*** means that part of Lot 259 on Deposited Plan 220696, being part of the land in qualified certificate of Crown land title volume 3015 folio 565, being an area of approximately 200 ha within the 2000 ha area marked D on Deposited Plan 68246, as referred to in the notice and set out on the map contained in Annexure 2.

1.2 Interpretation

(a) In this Agreement, clause headings do not affect interpretation or construction and, unless the context otherwise requires:

(i) monetary references are references to Australian currency unless otherwise specifically expressed;

(ii) words in the singular shall include the plural and words in the plural shall include the singular according to the requirements of the context;

(iii) one gender includes the other genders;

(iv) a covenant or agreement by more than one person binds, and is enforceable against, those persons jointly and each of them severally;

(v) reference 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;

(vi) 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, paragraph of the clause or subclause as the case may be in, or in relation to, which the reference is made;

(vii) a reference to a party to this Agreement includes the party's successors, permitted substitutes and permitted assigns (and, where applicable, the party's legal personal representatives);

(viii) 'including' means, 'including, but not limited to';

(ix) no rules of construction apply to the disadvantage of a party because that party was responsible for the drafting of this Agreement or of any of the provisions of this Agreement;

(x) a reference to a 'person' includes a body corporate;

(xi) references to statutes, regulations, ordinances and by‑laws when contained in this Agreement:

(A) include amendments, re‑enactments or consolidations of any of them;

(B) include any statute, regulation, ordinance or by‑law made in substitution thereof; and

(C) a reference to a statute includes every regulation, proclamation, ordinance and by‑law issued under that statute; and

(xii) if a government department, authority, body or tribunal (including, without limitation, the Port Authority or LandCorp) is replaced or made defunct, the reference to that body shall include a reference to the replacement body or such other body that most closely performs the functions of the defunct body.

(b) Nothing in this Agreement shall be construed to exempt the parties from compliance with, or to require the parties to do anything contrary to, any Law relating to native title or any lawful obligation or requirement imposed on the parties pursuant to any Law relating to native title.

(c) Nothing in this Agreement shall be construed to exempt the parties or any other person from compliance in connection with the protection of the environment arising out of or incidental to their activities under this Agreement that may be made pursuant to the EP Act, CS Act or the Act that ratifies this Agreement.

2. Ratification and Operation

(a) The State shall introduce and sponsor a Bill in the State Parliament of Western Australia as soon as reasonably practicable and in any event prior to 30 June 2012 or such later date as may be agreed between the parties to ratify this Agreement. The State shall endeavour to secure the timely passage of such Bill as an Act.

(b) The provisions of this Agreement other than this clause and clause 1 will not come into operation until the Bill referred to in paragraph (a) has been passed by the State Parliament of Western Australia and comes into operation as an Act.

(c) If by 30 June 2014 or such later date as may be agreed between the parties 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.

(d) 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 other enactment or other law.

3. Permitted use of LNG Precinct

(a) The State agrees, subject to clause 5.1 and the balance of this clause 3, that:

(i) the LNG Precinct will be used only for the receipt of Petroleum, pre‑treatment and processing of Petroleum into LNG and other products (excluding downstream processing), the storage, loading and transporting of LNG and all things necessary and incidental thereto, including the Precinct Supply Base and purposes associated with the administration and management of the Port by the Port Authority (the Permitted Precinct Use);

(ii) it will not use or permit any other person to use the LNG Precinct otherwise than for a Permitted Precinct Use; and

(iii) it will procure that neither LandCorp nor the Port Authority will use or permit any other person to use the LNG Precinct otherwise than for a Permitted Precinct Use.

(b) Nothing in this clause 3:

(i) displaces the obligations of the Port Authority under international custom or convention or under common law relating to seas and ports; or

(ii) limits the Port Authority's ability to conduct exercises by itself or with others for the purpose of emergency and safety drills (whether related to a Proponent Project or not); or

(iii) limits the Port Authority from refuelling, supplying or providing assistance to any Commonwealth vessel; or

(iv) limits the Port Authority from providing assistance to vessels or third parties in an actual or perceived emergency.

4. Precinct Closure

4.1 Closure Decision

(a) The State:

(i) subject to paragraph (b), may make a Closure Decision in respect of the LNG Precinct at any time after the Commencement Date;

(ii) subject to paragraph (b), must consider whether a Closure Decision should be made at the date that is 50 years following the Commencement Date and notify the Native Title Party as to whether or not a Closure Decision will be made; and

(iii) must make a Closure Decision in respect of the LNG Precinct prior to or on the date that is 100 years from the Commencement Date, unless the parties to this Agreement otherwise agree.

(b) The State must not make a Closure Decision under paragraphs (a)(i) or (a)(ii) during the establishment and operation of a Proponent Project.

4.2 Notification of Closure Decision

If the State makes a Closure Decision under clause 4.1, the State must promptly notify the Native Title Party to that effect and the End of Precinct Life will take effect on the date set out in the notice.

4.3 Closure of Precinct where no Proponent

(a) If, at any time following registration of the Taking Orders under the Land Administration Act 1997 (WA):

(i) for a continuous period of 10 years, there is no interest in land within the LNG Precinct held by a Proponent;

(ii) there has been no exercise of rights under any interest in land within the LNG Precinct held by a Proponent within 10 years of the creation of the interest;

(iii) for a continuous period of 10 years, there is no legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project; or

(iv) there has been no exercise of a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project within 5 years of the creation of the right,

and provided that if the circumstance in paragraph (iv) is being relied upon, at least 10 years have lapsed since the registration of the Taking Orders, the Native Title Party may give notice requiring the State, acting reasonably, to:

(v) make a Closure Decision under clause 4.1(a)(i); or

(vi) make a decision that in the State's opinion a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is likely to be entered into in the foreseeable future (an Extension Decision),

and the State will give the Native Title Party notice of the decision contemplated by paragraphs (v) or (vi) as soon as reasonably practicable thereafter.

(b) If the State gives notice of an Extension Decision and a legally enforceable right between the State and a potential Proponent for the Grant of an interest within the LNG Precinct to that Proponent for the purpose of conducting a Proponent Project is not entered into within 2 years of the notice of the Extension Decision, the Native Title Party may again give notice requiring the State, acting reasonably, to:

(i) make a Closure Decision under clause 4.1(a)(i); or

(ii) make a further Extension Decision.

(c) If the State has made 3 consecutive Extension Decisions under paragraphs (a)(vi) and (b), and the Native Title Party again gives notice to the State in accordance with paragraph (b), then the State must make a Closure Decision under clause 4.1(a)(i).

5. Port at End of Precinct Life

5.1 Port to continue operation at discretion of the State

(a) Notwithstanding clause 3, and notwithstanding that a Closure Decision may have been made under clause 4, the State may, in its absolute discretion but following consultation with the Native Title Party, determine that the Port will continue to operate after the End of Precinct Life as a port under, and for any purpose permitted under, the Port Authorities Act 1999 (WA).

(b) As soon as practicable following the State making a Closure Decision, the State will notify the Native Title Party as to whether the Port will continue to operate beyond the End of Precinct Life and the manner of operation, including the capacity, permitted use and purpose of the Port.

(c) The Native Title Party or any member of the Native Title Claim Group may make any representation (including an action, objection or submission) in relation to any approval for the continued operation, capacity, permitted use or purpose of the Port.

5.2 Remediation and Grant if Port operation continues

(a) If the State gives notice under clause 5.1(b) that the Port will operate beyond the End of Precinct Life, then the State will not be obliged to carry out Remediation and Rehabilitation Works for the Port Land pursuant to clause 6 until such time as specified in a notice given by the State to the Native Title Party that the Port will cease operation.

(b) Subject to paragraph (d), the State will Grant the Port Land to the Native Title Party in accordance with clause 7 at the same time as the Grant of the Precinct Land occurs, notwithstanding that the Port Land has not been subject to Remediation and Rehabilitation Works in accordance with clause 6.

(c) Unless the State and the Native Title Party otherwise agree, the State will retain all liability for Remediation and Rehabilitation of the Port Land as contemplated by this Agreement.

(d) If the State has given notice under clause 5.1(b) that the Port will continue to operate as a port following the End of Precinct Life, the obligation of the State in relation to the Grant of Port Land will be conditional upon the Native Title Party and the State entering into an agreement to lease the Port Land to the State (or to any government or governmental, semi governmental or administrative body, department, commission or authority, any government Minister, agency or instrumentality, any port authority or entity nominated by the State) (the Lessee) to allow for the continued operation of the Port (Lease). The terms of the Lease will be agreed between the State, Lessee and the Native Title Party, including on the following conditions:

(i) the duration of the Lease, and the inclusion of any options to extend, will be fixed at the State's sole discretion;

(ii) the Lessee will have the exclusive possession of the Port Land (subject to any ongoing access rights that the Port Authority may have Granted the Native Title Party);

(iii) the form of title created to the Port Land must be consistent with the purpose of operating the Port;

(iv) the rental will be on commercial terms;

(v) a requirement that the State will carry out Remediation and Rehabilitation Works for the Port Land in a manner consistent with clause 6 once the Lease expires; and

(vi) policies and procedures to achieve increased and incremental Native Title Party involvement in the management and operations of the Port.

5.3 Dispute in relation to terms of Port Lease

If the State, Lessee and the Native Title Party fail to agree the terms of the Lease under 5.2(d) within 12 months of the date of notification under clause 5.1(b), then in relation to any dispute or difference or claim as to the terms of the Lease (other than the terms set out in clause 5.2(d)(i) and the terms specifying the capacity, permitted use and purpose of the Port), the provisions of clause 16.2 will apply.

5.4 Remediation and Grant if Port ceases operation

If the State gives:

(a) the notice under clause 5.1(b) that the Port will not operate beyond the End of Precinct Life; or

(b) the notice referred to in clause 5.2(a) that the Port will cease operation,

then, subject to any agreement contemplated under clause 5.2(c), the State must carry out Remediation and Rehabilitation Works for the Port Land in accordance with its obligations under clause 6 and Grant the Port Land to the Native Title Party in accordance with clause 7.

6. Remediation of Precinct Land and Facilities

6.1 State to remediate Precinct Land and Facilities following End of Precinct Life

(a) Subject to:

(i) clause 5 and this clause 6; and

(ii) any agreement between the parties under which it is agreed that any Facilities will be transferred to the Native Title Party,

the State will cause the Remediation and Rehabilitation Works to be carried out as soon as reasonably practicable following End of Precinct Life in accordance with this clause 6.

(b) The Native Title Party will have no liability under this Agreement for Remediation and Rehabilitation Works, unless the State and the Native Title Party otherwise agree.

6.2 LNG Precinct Baseline Report

(a) Unless prepared earlier, within six months of the Commencement Date, the State will prepare a report which identifies the current uses, any existing Facilities, the environmental condition and the presence of any known or suspected Contamination on the LNG Precinct (including for the avoidance of doubt the Industrial Precinct, Third Party Contractors' Site, Workers' Accommodation Site and Port Land) (LNG Precinct Baseline Report).

(b) The aspects of the LNG Precinct Baseline Report relating to known or suspected Contamination will be reviewed by a contaminated sites auditor accredited under the CS Act.

(c) The LNG Precinct Baseline Report will be used to inform the extent of Remediation and Rehabilitation Works required at the End of Precinct Life.

(d) As soon as practicable after preparing the LNG Precinct Baseline Report under paragraph (a), the State will provide the Native Title Party with a copy of the LNG Precinct Baseline Report. The Native Title Party may provide comments on the LNG Precinct Baseline Report within 3 months of the State providing the Report.

(e) The State, in consultation with the Native Title Party, will prepare and publish a final LNG Precinct Baseline Report which:

(i) takes into account any comments received from the Native Title Party under paragraph (d); and

(ii) in the State's discretion will include the Native Title Party’s comments,

within 3 months of receiving comments from the Native Title Party on the Report under paragraph (d).

6.3 Remediation and Rehabilitation Works management plan

As soon as practicable following the making of a Closure Decision, the parties will establish a Remediation and Rehabilitation Works management plan consistent with the principles outlined in this clause 6.

6.4 Carrying out of Remediation and Rehabilitation Works

(a) The State shall cause to be carried out the Remediation and Rehabilitation Works in accordance with the management plan developed pursuant to clause 6.3 and the remainder of this clause 6.4.

(b) The Remediation and Rehabilitation Works must be designed to remediate and rehabilitate the LNG Precinct to a condition:

(i) consistent with applicable legislation, policy and relevant standards (including those relating to Contamination and environmental rehabilitation) at the time the Remediation and Rehabilitation Works are to be carried out;

(ii) having regard to the condition of the LNG Precinct as determined in the LNG Precinct Baseline Report; and

(iii) having regard to the use made of the LNG Precinct prior to the commencement of the Remediation and Rehabilitation Works.

(c) Without affecting its obligation under paragraph (a) or elsewhere in this Agreement, the State may subcontract or delegate to a Proponent (including by an obligation imposed on a Proponent under the Project Rights) or to third parties at its absolute discretion to carry out any of the Remediation and Rehabilitation Works.

(d) For the avoidance of doubt, the subcontracting or delegation by the State under paragraph (c) does not, as between the State and the Native Title Party, relieve the State from its obligations under this Agreement to carry out the Remediation and Rehabilitation Works.

(e) Once the State considers the Remediation and Rehabilitation Works are complete, the State will procure the preparation of a report which sets out whether the Remediation and Rehabilitation Works have been carried out and the objectives in paragraph (b) of this clause have been met (Environmental Status Report). The report must be prepared by a suitably qualified expert.

(f) As soon as practicable after completing the Environmental Status Report, the Native Title Party is to be given a copy of the Environmental Status Report. The Native Title Party may provide comments on the Environmental Status Report within 6 months of the Native Title Party receiving the Report. The State in its discretion will include the Native Title Party’s comments in the Environmental Status Report prior to the submission (if any) of the Environmental Status Report to any regulatory body.

(g) The State must consider the Native Title Party's comments on the Environmental Status Report, and:

(i) take such action as it considers appropriate (acting reasonably) to address the matters raised in the comments; and

(ii) give the Native Title Party a revised copy of the Environmental Status Report that sets out the State's response to the Native Title Party's comments and action taken (if any).

6.5 Completion of Remediation and Rehabilitation Works

The Remediation and Rehabilitation Works will be deemed to have been completed when one of the following takes place:

(a) the State has provided an Environmental Status Report to the Native Title Party and the Native Title Party has either not given any comments under clause 6.4(f) within the period required or has notified the State that it agrees that the Remediation and Rehabilitation Works have been completed; or

(b) an Expert appointed under clause 16.2 so determines,

**(*Completion of Remediation*)**.

6.6 Dispute in relation to Remediation and Rehabilitation Works

If there is a dispute or difference or claim as to whether the Remediation and Rehabilitation Works have been completed, clause 16.2 will apply to the resolution of that dispute.

7. Grant of Precinct Land

7.1 Grant of land following closure of the LNG Precinct

(a) The obligations on the State in paragraphs (b) and (c) are conditional upon, and will not take effect in accordance with their terms until, each of the Taking Orders has been registered under the Land Administration Act 1997 (WA).

(b) Subject to paragraph (a), the State will Grant to the Native Title Party the land required for the Industrial Precinct, Third Party Contractors' Site and Workers’ Accommodation Site (Precinct Land) following the End of Precinct Life and in accordance with the procedure set out in this clause 7.

(c) Subject to paragraph (a) and clauses 5 and 6, the State will Grant to the Native Title Party the Port Land following the End of Precinct Life and in accordance with the procedure set out in this clause 7.

7.2 State and Native Title Party to determine form of title

(a) As soon as is reasonably practicable following the End of Precinct Life, the State will consult with the Native Title Party as to the Native Title Party’s desired use of the Precinct Land and Port Land and the appropriate title or interest in the Precinct Land and Port Land to be Granted in accordance with clause 7.3.

(b) If, by a date 12 months after Completion of Remediation, the State and Native Title Party have not agreed on the appropriate form of title or interest in the Precinct Land and Port Land to be Granted to the Native Title Party the State will, as soon as is reasonably practicable after that date, Grant unconditional freehold title to the Precinct Land and Port Land in accordance with clause 7.3.

7.3 Administrative Body to hold Grant Land

Unless the Native Title Party nominates an alternative body and the State agrees to that nomination, the Precinct Land and Port Land must be registered in the name of the Administrative Body who will hold the land on trust for the benefit of the Native Title Party.

7.4 State not liable

The State is not liable for any Loss arising out of or connected with the Grant of any interest in the Precinct Land and Port Land to any person on the direction or advice of the Native Title Party.

7.5 Costs arising in relation to Grant

(a) The State will pay for the following establishment costs arising out of the Grant of the Precinct Land and Port Land:

(i) creation of title to the Precinct Land and Port Land and transfer of the title to the Administrative Body (including survey costs); and

(ii) registration fees at the Western Australian Land Information Authority (Landgate).

(b) For the avoidance of doubt, the State is not liable to pay for:

(i) establishment costs not referred to in paragraph (a), including the provision of services to the Precinct Land and Port Land (including any which are a usual pre‑condition to the creation of title) such as road upgrades, service connections and headworks charges, unless the State in its sole discretion agrees to pay for these costs; and

(ii) all holding costs including local government rates and other taxes that are normally borne by the land owner.

(c) The Native Title Party agrees that the State will not pay the following costs arising out of the Grant of the Precinct Land and Port Land;

(i) all costs referred to in paragraph (b); and

(ii) any costs incurred by the Native Title Party under clause 7.1 or 7.2, other than those costs identified in paragraph (a).

8. Limitation of further LNG Development on the Kimberley Coastline

(a) The State agrees not to:

(i) operate, authorise or permit the operation of; or

(ii) Grant any right, title, interest, approval or permission which would have the effect of authorising,

a Gas Processing Facility located on the Kimberley Coastline but outside the LNG Precinct.

(b) In paragraph (a), Gas Processing Facility means a facility for the liquefaction of Petroleum produced from any area seaward of the low water mark of the mainland coast of Western Australia, but does not include:

(i) any other facility which uses or refines Petroleum; or

(ii) storage or transportation facilities.

9. Assignment

(a) The Native Title Party may not assign its rights and obligations under this Agreement unless the assignment is to a body (Permitted Assignee):

(i) as provided under paragraph (b); or

(ii) where the Native Title Party has obtained the consent of the State to the assignment, which consent shall not be unreasonably withheld.

(b) Within 2 months of:

(i) a determination by the Federal Court under sections 56 and 57 of the Native Title Act of the Native Title Claim; and

(ii) the incorporation of a prescribed body corporate for the purposes of the Native Title Act which is or will be authorised to act as agent for the Native Title Party,

the Native Title Party will assign its rights and obligations under this Agreement to the body which is the prescribed body corporate identified in that determination or incorporated as a consequence of the determination.

(c) If the Native Title Party wishes to assign its rights and obligations, it must procure the Permitted Assignee to execute a deed by which the Native Title Party assigns and the Permitted Assignee assumes all of the Native Title Party's rights and obligations under this Agreement and by which the parties agree to vary this Agreement.

(d) From the date of execution of the deed referred to in paragraph (c) the Native Title Party is released from further performance of this Agreement but remains liable for all obligations which accrued prior to the date of execution of the deed.

(e) The Minister shall cause the deed referred to in paragraph (c) to be tabled in both Houses of Parliament.

10. Variation

10.1 Parties may vary Agreement

The parties to this Agreement may from time to time by agreement in writing add to, substitute for, cancel or vary all or any of the provisions of this Agreement or any other lease, licence, easement or other title granted under or pursuant to this Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating any of the objects of this Agreement.

10.2 Minister to table variations in Parliament

(a) The Minister shall cause any agreement made pursuant to clause 10.1 in respect of any addition, substitution, cancellation or variation of the provisions of this Agreement to be laid on the Table of each House of Parliament within 12 sitting days next following its execution.

(b) Either House may, within 12 sitting days of that House after the agreement has been laid before it, pass a resolution disallowing the agreement, but if after the last day on which the agreement might have been disallowed neither House has passed such a resolution the agreement shall have effect from and after that last day.

11. Term

This Agreement terminates on the date when the last of the State's obligations under clauses 5, 6 and 7 has been fulfilled and either the State or the Native Title Party serves a notice to that effect.

12. Power to extend periods

Notwithstanding any provision of this Agreement the Minister may at the request of the Native Title Party from time to time extend or further extend any period or vary or further vary any date referred to in this Agreement for such period or to such later date as the Minister thinks fit whether or not the period to be extended has expired or the date to be varied has passed.

13. Duties

(a) Subject to paragraph (b), the State must pay all duties on and in relation to:

(i) this Agreement;

(ii) any instrument, document or transaction to which the State is a party required by this Agreement; and

(iii) any instrument or document required under any relevant Law in connection with any transaction to which the State is a party required by this Agreement,

even if another party is primarily liable for the payment of the duty.

(b) The State will not pay any duties on and in relation to any dutiable transaction:

(i) to which the State is not a party; and

(ii) which does not arise out of an obligation of the State contemplated by this Agreement.

14. Notices

14.1 Manner of notice

Any notice required to be given to a party under this Agreement:

(a) must be in writing and in English and signed by or on behalf of the sending party;

(b) addressed to that party in accordance with the details nominated in clause 14.2 below (or any alternative details nominated to the sending party by Notice); and

(c) shall either be left at the party's address specified in clause 14.2 or sent to the party's address or fax number specified in clause 14.2. If it is sent by mail, it is taken to have been received 7 days after it is posted. If it is sent by fax, it is taken to have been received when the sender's facsimile system generates a message confirming that the notice was transmitted in its entirety to the facsimile number of the recipient.

14.2 Parties' notice details

The parties' addresses and fax numbers for the receipt of notices are, unless otherwise advised in writing:

(i) to the State:	Minister for Lands<br>Level 10 Dumas House<br>2 Havelock St<br>West Perth WA 6005<br>Fax Number: (08) 9226 4050
(ii) to the Native Title Party:	C/‑ Chief Executive Officer<br>Kimberley Land Council<br>PO Box 2145<br>Broome WA 6725<br>Fax Number: (08) 9193 6279

15. Applicable law

This Agreement is to be interpreted according to the law for the time being in force in Western Australia.

16. Dispute Resolution

16.1 General dispute resolution

(a) Except as provided in this clause, any dispute or difference between the State and the Native Title Party arising out of this Agreement, the construction of this Agreement or as to the rights duties or liabilities of either of them under this Agreement or as to any matter to be agreed upon between them under this Agreement must, in default of agreement between them and in the absence of any provision in this Agreement to the contrary, be referred to and settled by arbitration under the provisions of the Commercial Arbitration Act 1985 (WA) and each party may be represented before the arbitrator by a duly qualified legal practitioner or other representative.

(b) Except where otherwise provided in this Agreement, the provisions of this clause will not apply to any case where the State, the Minister or any other Minister in the Government of the State is by this Agreement given either expressly or impliedly a discretionary power.

(c) The arbitrator of any submission to arbitration under this Agreement is hereby empowered upon the application of either the State or the Native Title Party, to grant in the name of the Minister any interim extension of any period or variation of any date referred to herein which having regard to the circumstances may reasonably be required in order to preserve the rights of that party or of the parties to the arbitration and an award may in the name of the Minister grant any further extension or variation for that purpose.

16.2 Dispute as to terms of Port Lease or Remediation and Rehabilitation Works

(a) This clause 16.2 applies to:

(i) a dispute between the State and the Native Title Party as contemplated in clause 5.3; or

(ii) a dispute between the State and the Native Title Party as contemplated in clause 6.6,

(each a Dispute) and not otherwise.

(b) If there is a Dispute, either party (in this clause the Referring Party) may give written notice to the other party of the Dispute, specifying in reasonable detail the nature of the Dispute, and the matters on which the parties are unable to agree at the date of the notice of dispute.

(c) As soon as possible after the giving of a notice of dispute representatives of the Native Title Party and of the State (each such representative having full authority from their respective principals to resolve the Dispute) shall meet and attempt to resolve the Dispute in good faith.

(d) If the Dispute is not resolved within 28 days of the giving of a notice of dispute, then the Dispute must be referred to expert determination in accordance with the following provisions:

(i) the Referring Party must refer the Dispute to the Australian Commercial Disputes Centre Limited (ACDC) by requesting in writing that the ACDC administer the resolution of the Dispute in accordance with this clause and the ACDC Expert Determination Guidelines and within 14 days of receiving the request select and notify the parties of the members of a panel of three independent persons who would be suitably qualified to determine the Dispute (the Panel), together with the terms and conditions on which those persons would be prepared to be engaged. The Referring Party must send to the other party a copy of that written request on the same day it is sent it to the ACDC;

(ii) within 7 days after the receipt of the details of the Panel from the ACDC, the parties must agree on an expert selected from the Panel to determine the Dispute (the Expert). If the parties fail to agree on the expert within 7 days, either party may request the Chief Executive Officer of the ACDC (or his or her delegate) to nominate a suitably qualified expert from the Panel. The expert agreed or nominated under this paragraph shall be appointed by the parties as the Expert on the terms and conditions notified by the ACDC in accordance with paragraph (i) in the absence of any other agreement between the parties and the Expert on the Expert's terms and conditions of engagement;

(iii) if the ACDC is no longer operating at the time of the Dispute, the parties must in good faith select a body that has as one of its objects the promotion of alternative dispute resolution, to perform the functions entrusted to the ACDC in paragraphs (i) and (ii);

(iv) neither party may challenge or dispute the nomination or appointment of the Expert under this clause except in the case where there is a reasonable apprehension of, or actual, conflict of interest or apprehended bias that can be readily identified to the satisfaction of either the Chief Executive Officer of the ACDC (or his or her delegate) or the Expert both acting reasonably;

(v) the parties must provide the Expert with a copy of this Agreement and the notice of dispute;

(vi) each party may, within 21 days of the appointment of the Expert, make one written submission to the Expert as to how the Expert should resolve the Dispute;

(vii) the Expert must by notice to the parties and within 42 days of their appointment determine the Dispute, having regard to their own expertise and the submissions of the parties;

(viii) upon submission by either party, the Expert may amend the determination or finding to correct:

(A) a clerical mistake;

(B) an error from an accidental slip or omission; or

(ix) the determination by the Expert under this clause is final and binding on the parties in the absence of manifest error and neither party may commence proceedings in a court of competent jurisdiction unless that party has complied with this clause and any such proceeding must be commenced within 6 months of the Expert's determination. The determination of the Expert shall be treated as final and binding on the parties prior to the resolution of those proceedings but in any case subject to those proceedings;

(x) the costs of the Expert shall be borne equally by each of the parties to the Dispute;

(xi) the Expert must act as an independent expert and not an arbitrator; and

(xii) the dispute resolution proceedings under this clause are not arbitration proceedings under the Commercial Arbitration Act 1985 (WA) or otherwise.

17. Warranty

The KLC on its own behalf and for and on behalf of the Native Title Party represents and warrants that:

(a) it has been validly and lawfully instructed by the Native Title Party to enter into this Agreement; and

(b) all necessary authorisations have been obtained:

(i) to enable the Native Title Party to enter into this Agreement; and

(ii) to enable the KLC to enter into this Agreement.

Executed as an agreement in the State of Western Australia:

Signed by The Honourable Brendon John Grylls MLA for and on behalf of the State of Western Australia in the presence of:
[Signature] [Signature]
Witness Signature Signature
Gary Hamley
Print Name
Executed in accordance with section 99‑5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) by the Kimberley Land Council for and on behalf of the Native Title Party (in every respect other than clause 17 in which respect it is signing both as agent for the Native Title Party and in its own capacity):
[Signature] [Signature]
Director Director
Tom Birch Frank Davey
Print Name Print Name
[Signature] [Signature]
Witness Witness
Cameron Syme Cameron Syme
Print Name Print Name

Annexure 1 – Map of the Kimberley Coastline

Kimberley modified

Annexure 2 – LNG Precinct Plan

LNG Precinct Plan

dline

Notes

1 This is a compilation of the Browse (Land) Agreement Act 2012. The following table contains information about that Act.

Compilation table

Short title	Number and year	Assent	Commencement
Browse (Land) Agreement Act 2012	61 of 2012	11 Dec 2012	12 Dec 2012 (see s. 2)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Agreement 3

scheduled agreement 3

Western Australia

Browse (Land) Agreement Act 2012

Western Australia

Browse (Land) Agreement Act 2012

Contents

Short title 2
Commencement 2
Terms used 2
Ratification and authorisation 2
Effect on other laws 2
Government Agreements Act 1979 not to apply 2

Schedule 1 — Browse (Land) Agreement

Notes

Compilation table 40

Defined terms

Western Australia

Browse (Land) Agreement Act 2012

The Parliament of Western Australia enacts as follows:

1. Short title

This is the Browse (Land) Agreement Act 2012.

2. Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

3. Terms used

In this Act —

Agreement means the scheduled agreement or, if it is varied in accordance with its terms, that agreement as varied from time to time;

scheduled agreement means the agreement a copy of which is set out in Schedule 1.

4. Ratification and authorisation

(1) The scheduled agreement is ratified.

(2) The implementation of the Agreement is authorised.

5. Effect on other laws

(1) Each provision of the Agreement operates and takes effect according to its terms notwithstanding any other Act or law.

The Act and its scheduled Agreement work together. The Act gives the Agreement statutory effect; the Agreement contains the substantive legal mechanics governing the LNG Precinct. The Agreement’s main concepts and legal constructs are as follows.

Ratification and commencement mechanics. The Agreement (Schedule 1) will come into effect on the Commencement Date after the Bill ratifying it is enacted (clause 2(a)-(d)). The Act itself ratifies and authorises the Agreement on commencement (s 4). The Agreement contains transitional provisions about lapse if the Bill is not enacted by stated dates (clause 2(c)), although the Act as enacted marks those transitional dates as historical.

Permitted use. Clause 3 establishes and limits the "Permitted Precinct Use" to receipt, pre‑treatment and processing of Petroleum into liquefied natural gas and associated storage, loading and transport and ancillary support including a precinct supply base. The Agreement prohibits other uses of the LNG Precinct by the State, LandCorp or the Port Authority (clause 3(a)(i)-(iii)), subject to enumerated exceptions such as international port obligations (clause 3(b)).

Precinct lifecycle and closure. Clause 4 contains the Closure Decision architecture. The State may make a Closure Decision at any time after the Commencement Date, must consider closure at 50 years and must make a Closure Decision by 100 years after Commencement unless parties agree otherwise (clause 4.1). The State cannot make a Closure Decision while a Proponent Project is being established or operating (clause 4.1(b)). There are mechanics allowing the Native Title Party to trigger State consideration of closure where no Proponent is engaged for specified continuous periods (clause 4.3).

Port continuation and conditional grant. Clause 5 allows the State in its absolute discretion, following consultation, to decide the Port will continue to operate after End of Precinct Life (clause 5.1). If the Port continues to operate the State may delay remediation of Port Land (clause 5.2(a)), may Grant Port Land to the Native Title Party at the same time as the Precinct Land but condition the Grant on a Lease back to the State or State nominee on commercial terms (clause 5.2(d)), and may retain liability for remediation (clause 5.2(c)). If the State decides the Port will cease operation, remediation obligations apply and the State must Grant Port Land to the Native Title Party (clause 5.4).

Remediation and rehabilitation. Clause 6 imposes a State obligation to cause Remediation and Rehabilitation Works following End of Precinct Life, subject to Port exceptions and any transfer agreement where Facilities are transferred to the Native Title Party (clause 6.1). The State must prepare an LNG Precinct Baseline Report within six months of Commencement Date (clause 6.2), have contamination aspects reviewed by an accredited contaminated sites auditor (clause 6.2(b)), and prepare a Remediation and Rehabilitation Works management plan following a Closure Decision (clause 6.3). The State may subcontract remediation to Proponents or third parties but remains liable to the Native Title Party for obligations (clause 6.4(c)-(d)). Completion is certified by an Environmental Status Report prepared by a suitably qualified expert and subject to comment periods; if disputed, expert determination under clause 16.2 may resolve completion (clauses 6.4(e)-(f); 6.5-6.6).

Grant of land following closure. Clause 7 requires the State, subject to registration of Taking Orders under the Land Administration Act 1997, to Grant Precinct Land and Port Land to the Native Title Party following End of Precinct Life (clause 7.1). The State and Native Title Party must consult on the form of title and if no agreement is reached within 12 months after Completion of Remediation, unconditional freehold is to be Granted (clause 7.2(b)). The Administrative Body, approved by State and Native Title Party, will normally hold title on trust for the Native Title Party (clause 7.3). The State will pay specified establishment costs for the Grant but not pre‑conditions such as headworks, service connections or ongoing holding costs (clause 7.5).

Limitation on other LNG development. Clause 8 obliges the State not to grant rights or permits for a "Gas Processing Facility" located on the Kimberley Coastline outside the LNG Precinct. The Agreement defines "Gas Processing Facility" narrowly as a facility for liquefaction of petroleum produced from seaward of the low water mark, excluding other refining, storage or transport facilities (clause 8).

Dispute resolution. Clause 16 sets two parallel dispute tracks. General disputes are to be settled by arbitration under the Commercial Arbitration Act 1985 (WA) (clause 16.1), although express or implied discretionary powers of the State and Ministers are excluded from that clause. Disputes specific to Port Lease terms or completion/terms of Remediation and Rehabilitation Works are subject to the expert determination procedure in clause 16.2, administered through the Australian Commercial Disputes Centre Limited (ACDC) or a similar ADR body, with compressed timetables and a binding Expert determination absent manifest error.

Variation, assignment and parliamentary oversight. The Agreement may be varied in writing by the parties (clause 10.1). Any variation must be tabled by the Minister in Parliament within 12 sitting days (clause 10.2(a)) and either House can disallow the variation within 12 sitting days (clause 10.2(b)). Assignment of Native Title Party rights is restricted and largely tied to the prescribed body corporate process under the Native Title Act 1993 (Cth) (clause 9).

Other concepts. Definitions in clause 1.1 are detailed and operative. Notable defined terms include Excluded Facilities (facilities that the remediation obligation does not cover), Post Contamination (contamination that arises after precinct creation but not out of pre‑existing contamination or caused by the Native Title Party), and Loss which expressly excludes loss of profit and consequential loss.

Taken together, the Act and Agreement create a statutory, regulated lifecycle for a single LNG precinct: limiting permitted uses, prescribing remediation and land transfer at precinct end, providing a statutory bar on other coastal LNG liquefaction facilities, and creating a dispute resolution and parliamentary oversight architecture for future changes.

This Act and the Agreement impose and record long term legal relationships among a narrow set of parties and have foreseeable downstream impacts on certain other categories of stakeholders. The directly named parties are the State of Western Australia (acting through the Minister), the Kimberley Land Council Aboriginal Corporation (KLC) and the Native Title Party (the registered claimants for the Goolarabooloo/Jabirr Jabirr Peoples). See the Schedule party block and definitions.

Primary affected parties

The Native Title Party. The Agreement creates rights and future entitlements for the Native Title Party including: consultation rights; a process for Grant of land (Precinct Land and Port Land) at End of Precinct Life (clause 7); the capacity to require certain State actions where no Proponent exists for specified periods (clause 4.3); and the right to receive baseline and environmental reports and provide comments (clauses 6.2(d) and 6.4(f)). The Native Title Party is explicitly insulated from liability for Remediation and Rehabilitation Works unless the State and Native Title Party otherwise agree (clause 6.1(b)). The Native Title Party also gives warranties via clause 17 about authority to enter the Agreement.
The Kimberley Land Council Aboriginal Corporation. The KLC executes the Agreement for and on behalf of the Native Title Party and, in clause 17, warrants it has authority to do so. The KLC signs both as agent for the Native Title Party and in its own capacity for clause 17.
The State, acting through the Minister. The State is the obligor for remediation and Grant obligations (clauses 6 and 7), the decision maker for Closure Decisions and Port continuation (clause 4 and clause 5), and the entity authorised to implement the Agreement by the Act (s 4). The State also holds discretion to subcontract remediation to Proponents but remains liable to the Native Title Party (clause 6.4(c)-(d)). The Minister is given administrative powers to extend periods and to table variations in Parliament (clauses 10.2 and 12), and the State bears specified financial obligations such as duties and establishment costs for Grant (clause 13 and 7.5).
Proponents and private developers. A "Proponent" is defined as a person occupying an industrial block and operating a Proponent Project (clause 1.1). While Proponents are not parties to the Act, the Agreement contemplates Project Rights, approvals and obligations enforceable under the Project Rights and allows the State to subcontract remediation to Proponents or impose remediation obligations on them under Project Rights (clause 6.4(c)). Proponents will therefore be affected by potential assignment of remediation obligations, permitted use limits (clause 3), and the longer-term land tenure outcomes which may affect plant life and salvage obligations.
LandCorp and the Port Authority. These statutory authorities are named in definitions and the Agreement binds the State to procure that "neither LandCorp nor the Port Authority will use or permit any other person to use the LNG Precinct otherwise than for a Permitted Precinct Use" (clause 3(a)(iii)). The Port Authority is also the operator of the Port and its customary obligations remain unaffected by clause 3(b). LandCorp is referenced in definitions and will be involved in land administration and potentially in project implementation.

Secondary affected parties

Local governments and service providers. Clause 7.5(b) expressly states the State is not liable for provision of services to the Precinct Land and Port Land such as road upgrades, service connections and headworks charges unless the State chooses to pay them. Post‑Grant, the Native Title Party will be liable for holding costs including local government rates.
Third Party Contractors. Clause 1.1 defines a Third Party Contractors' Site. Contractors engaged to build or operate elements of the precinct will be affected by site allocation, access rules, and any subcontracting of remediation obligations.
Potential competitors and other developers for the Kimberley coastline. Clause 8 limits the State from granting rights for Gas Processing Facilities located on the Kimberley coastline outside the LNG Precinct. Entities that might otherwise plan coastal liquefaction or LNG facilities in the Kimberley coastline will be restricted by that clause, which narrows the State's ability to authorise competing liquefaction facilities seaward of the low water mark outside the precinct.

Indirectly affected interests

Environmental regulators and contaminated sites auditors. The Agreement requires an LNG Precinct Baseline Report and review by a contaminated sites auditor accredited under the Contaminated Sites Act 2003 (WA) (clause 6.2). Regulators may be recipients of Environmental Status Reports and will be engaged in any regulatory approvals referred to as Project Rights.
Commonwealth interests. The Agreement contemplates Commonwealth law with definitions referencing the Native Title Act (Cth) and the EPBC Act (clause 1.1 definitions). While the Agreement operates "notwithstanding any other Act or law" per s 5, clause 1.2(b) expressly states nothing in the Agreement shall be construed to exempt parties from compliance with any Law relating to native title or any lawful obligation imposed pursuant to that law.

Practical effect on these actors

Who pays. The State is contractually responsible for remediation (clause 6), for specified establishment costs of transfer (clause 7.5(a)), and for duties on instruments in many cases (clause 13). The State explicitly excludes payment for pre‑conditions to creating title and for future holding costs (clause 7.5(b)), shifting those burdens to the Native Title Party after Grant.
Who decides. The State retains decisive discretionary powers: whether and when to make a Closure Decision (subject to constraints), whether the Port will remain open beyond End of Precinct Life (clause 5.1), and the terms of a Lease back of Port Land (clause 5.2(d)). The Minister also has unilateral power to extend or vary periods (clause 12).
Behavioural effects. The Agreement centralises the precinct as the authorised site for liquefaction activities of the relevant kind on the Kimberley coastline (clause 8), constrains use of the precinct to designated activities (clause 3), and leaves future land ownership and use to the Native Title Party through the Grant process (clause 7). Proponents may factor in potential subcontracted remediation obligations, the State’s position that it may subcontract remediation to them, and the long horizons for closure and grant.

The Act and Agreement therefore primarily affect the State, the KLC and the Native Title Party directly, with material consequences for proponents, statutory authorities and potential coastal developers. Each of these actors gains or bears roles, costs and rights defined in the Agreement and now statutorily endorsed by this Act.

The Agreement, ratified by the Act, sets out a package of substantive duties and rights. Below are the core duties, rights and the allocation of liabilities with precise references to the Agreement clauses and the Act where relevant.

State duties and rights

Ratification and implementation. The State must introduce and sponsor the enabling Bill in Parliament and procure its passage (Schedule clause 2(a)). The Act itself ratifies and authorises implementation (s 4).
Closure timing. The State may make a Closure Decision at any time after Commencement (clause 4.1(a)(i)), must consider closure at 50 years and notify (clause 4.1(a)(ii)), and must make a Closure Decision by 100 years unless otherwise agreed (clause 4.1(a)(iii)). The State cannot make a Closure Decision while a Proponent Project is being established or operating (clause 4.1(b)).
Remediation and rehabilitation. The State must cause Remediation and Rehabilitation Works to be carried out as soon as reasonably practicable after End of Precinct Life, subject to clause 5 permissions and any transfer agreements (clause 6.1(a)). The State must prepare the LNG Precinct Baseline Report within six months of Commencement Date (clause 6.2(a)), obtain contaminated sites auditor review for contamination aspects (clause 6.2(b)), and develop a Remediation and Rehabilitation Works management plan after Closure Decision (clause 6.3).
Remediation subcontracting with residual liability. The State may subcontract or delegate remediation works to Proponents or third parties "at its absolute discretion" (clause 6.4(c)). However, subcontracting does not relieve the State from its obligations to the Native Title Party under the Agreement (clause 6.4(d)).
Grant of land. Subject to registration of Taking Orders under the Land Administration Act 1997, the State will Grant Precinct Land and Port Land to the Native Title Party following End of Precinct Life and Completion of Remediation, following the procedure in clause 7 (clause 7.1). The State must consult on form of title and, if no agreement within 12 months after Completion of Remediation, must Grant unconditional freehold title (clause 7.2).
Costs and duties. The State must pay duties on and in relation to the Agreement and certain instruments (clause 13(a)) and pay establishment costs for creation and transfer of title and Landgate registration fees (clause 7.5(a)). The State is not liable for headworks, services or holding costs unless it waives that position (clause 7.5(b)).
Decision on Port operation. The State has absolute discretion to determine that the Port will continue to operate after End of Precinct Life, following consultation (clause 5.1(a)). If it decides to continue operation, the State may defer remediation of Port Land (clause 5.2(a)), Grant Port Land subject to Lease back conditions (clause 5.2(d)), and may retain liability for Port remediation (clause 5.2(c)).

Native Title Party duties and rights

Baseline and environmental consultation rights. The Native Title Party must be provided with the LNG Precinct Baseline Report and the Environmental Status Report and has time-limited opportunities to provide comments which the State must consider (clause 6.2(d)-(e); 6.4(f)-(g)).
Right to require closure in certain circumstances. Where there is prolonged absence of Proponents or failure to exercise rights for specified periods, the Native Title Party may give notice requiring the State to make a Closure Decision, or make an Extension Decision (clause 4.3). If the State makes three consecutive Extension Decisions, the Native Title Party can require a Closure Decision (clause 4.3(c)).
Right to receive Grant of land. Subject to registration of Taking Orders and Completion of Remediation, the Native Title Party is to receive Grant of the Precinct Land and Port Land (clauses 7.1 and 7.3). The Administrative Body will normally be the recipient and hold title on trust for the Native Title Party (clause 7.3).
Limited liability for remediation. The Native Title Party has no liability for Remediation and Rehabilitation Works under the Agreement unless it agrees otherwise by contract (clause 6.1(b)).
Assignment. The Native Title Party may not assign rights and obligations except to a Permitted Assignee, which is tightly linked to the creation of a prescribed body corporate under the Native Title Act (clause 9). Assignment requires consent of the State where not the prescribed body corporate, with consent "not to be unreasonably withheld" (clause 9(a)(ii)).

Proponents, LandCorp and Port Authority

Proponents. As occupiers of industrial blocks operating Proponent Projects, Proponents are expected to comply with Project Rights and approvals. The State may impose remediation obligations on Proponents by contract or may subcontract remediation to them (clause 6.4(c)). Proponents will be subject to the Permitted Precinct Use limitation (clause 3) and to restrictions on downstream processing.
LandCorp and Port Authority. The Agreement requires the State to procure that LandCorp and the Port Authority will not permit uses beyond the Permitted Precinct Use (clause 3(a)(iii)). The Port Authority's obligations under international custom, convention and common law are preserved (clause 3(b)(i)). The Port may be the continuing operator after End of Precinct Life if the State decides so, with consequential lease and management arrangements (clause 5).

Other duties and constraints

Parliamentary oversight of variations. Any variation to the Agreement must be tabled by the Minister within 12 sitting days (clause 10.2), and either House may disallow the variation within a further 12 sitting days. This creates a parliamentary check on later changes.
Dispute resolution obligations. Parties must first attempt good faith resolution (clause 16.1(c)). General disputes are to be arbitrated under the Commercial Arbitration Act 1985 (clause 16.1(a)), except for matters where State discretionary power is engaged. Port Lease and remediation disputes are to be referred to expert determination with tight timetables, and determinations are final and binding absent manifest error (clause 16.2).
Preservation of certain environmental and native title obligations. Clause 1.2(b) and (c) state explicitly that nothing in the Agreement is to be construed to exempt parties from compliance with native title laws or environment protection and contaminated sites laws. That places express caveats around the Agreement's otherwise broad "notwithstanding any other Act or law" operation under s 5 of the Act.

In short, the State bears the principal duties for remediation, land grant and many of the transaction costs, while the Native Title Party receives consultation, future land title and protections against liability for remediation unless it agrees otherwise. Proponents face potential remediation subcontracting and operational constraints. The Agreement embeds decision rights that are heavily concentrated in the State, subject to specified constraints and dispute resolution pathways.

The scheduled Agreement, as ratified by the Act, sets out a mixture of enforcement mechanisms, dispute resolution procedures and liability allocations rather than criminal penalties. The Act itself contains no separate penalty provisions. Enforcement of rights and obligations under the Agreement is procedural and private, principally through arbitration, expert determination and contractual remedies rather than statutory criminal sanctions.

Dispute resolution architecture

General arbitration. Clause 16.1 provides that, unless otherwise specified, disputes between the State and the Native Title Party arising out of the Agreement must be referred to arbitration under the Commercial Arbitration Act 1985 (WA). Arbitration confers enforceable arbitral awards and provides a mechanism for remedy. The clause allows parties to be represented by legal practitioners.
Exclusion of discretionary acts from arbitration. Clause 16.1(b) explicitly excludes from the arbitration process those cases where the State, the Minister or another Minister is given discretionary power by the Agreement, either expressly or impliedly. This means matters that the Agreement assigns to State discretion are likely not arbitrable under clause 16.1.
Expert determination for specific disputes. Clause 16.2 creates a specialist expert determination path for "Disputes" limited to disputes as to terms of Port Lease under clause 5.3 and disputes regarding Remediation and Rehabilitation Works under clause 6.6. The process is administered via the ACDC or a similar ADR body, with detailed steps: referral, formation of a Panel, selection or nomination of an Expert, 21 days for written submissions, and a 42 day deadline for the Expert to determine the dispute (clause 16.2(b)-(g)). The Expert acts as an independent expert not an arbitrator (clause 16.2(b)(xi)). The Expert’s determination is final and binding on the parties in the absence of manifest error, and court proceedings are permitted only after compliance with clause 16.2 and must be commenced within 6 months of the Expert's determination (clause 16.2(b)(ix)). Costs of the Expert are borne equally by the parties (clause 16.2(b)(x)).

Contractual liability and indemnities

Loss and liability definitions. The Agreement defines "Loss" broadly but excludes loss of profit, loss of production, loss of reputation and any indirect or consequential loss (clause 1.1). This definitional choice limits recoverable damages for many forms of economic loss.
State liability for remediation and grants. The State expressly retains primary liability for remediation and for specified costs under clauses 6 and 7. The State also disclaims liability for Loss arising from Grants made on direction or advice of the Native Title Party (clause 7.4).
Native Title Party liability. The Native Title Party has no liability for Remediation and Rehabilitation Works under the Agreement unless it agrees otherwise (clause 6.1(b)). This exclusion removes a potential enforcement lever for remediation costs against the Native Title Party absent separate agreement.

Administrative and parliamentary checks

Parliamentary disallowance of variations. Clause 10.2 requires the Minister to table any variations and allows either House to disallow a variation within a 12 sitting day window. This is a political and parliamentary enforcement mechanism that can prevent or reverse agreed variations.

Regulatory overlay

Environmental and native title laws. Clause 1.2(b) and (c) clarify that nothing in the Agreement should be construed to exempt compliance with Laws relating to native title or environmental protection such as the EP Act and Contaminated Sites Act. That preserves the role of environmental regulators and native title statutory processes as enforcement routes external to the Agreement.

Practical enforcement considerations

Remedies available. The Agreement does not itself specify liquidated damages, fines or criminal sanctions. Enforcement pathways are the consensual dispute resolution procedures: arbitration under the Commercial Arbitration Act for general disputes and the expert determination process for remediation and Port Lease disputes. Arbitral awards and expert determinations are enforceable as contractual remedies and, in the case of arbitration, through the courts under arbitration legislation.
Time constraints on judicial review. Clause 16.2 restricts recourse to courts in relation to Expert determinations: court proceedings are permissible only after compliance with clause 16.2 and must be brought within 6 months of the Expert's determination. That narrows and accelerates any judicial review or challenge window.
Allocation of costs. For expert determination, costs of the Expert are split equally (clause 16.2(b)(x)). Otherwise, the Agreement is silent on litigation cost orders; parties will rely on standard arbitration and court rules.
Administrative discretion limits. Certain State decisions are explicit discretionary powers, and clause 16.1(b) exempts such discretionary powers from arbitration. This creates governance limits on enforceability: decisions properly characterised as State discretion may be non‑reviewable under the Agreement's internal dispute mechanisms.

The Agreement therefore constructs an enforcement regime that relies on private dispute mechanisms and contractual allocations of liability, with limited express statutory penalties. External regulatory regimes for contaminated sites and native title remain invoked by the Agreement, but the Agreement's "notwithstanding" clause in s 5 of the Act interacts with the schedule’s caveats in nuanced ways discussed elsewhere. For practical compliance and enforcement, participants must rely on the arbitration and expert determination pathways and on statutory regulators for environmental and native title obligations.

The Act and the scheduled Agreement establish interaction rules with other Commonwealth and State laws that create both overriding effect and express caveats. The text creates legal priorities, carve‑outs and procedural intersections that practitioners must read together.

Statutory primacy for the Agreement

"Notwithstanding any other Act or law". Section 5(1) provides that each provision of the Agreement "operates and takes effect according to its terms notwithstanding any other Act or law". Section 5(2) specifies that any purported modification of another Act or law contained in the Agreement "operates and takes effect so as to modify that other Act or law for the purposes of the scheduled agreement". Together, these provisions indicate the Parliament intended the Agreement to have primacy and to be able to modify other laws to the extent necessary to give effect to the Agreement.

Express non‑exemption for native title and environmental laws

Clause 1.2 of the Agreement contains important caveats. Clause 1.2(b) states "Nothing in this Agreement shall be construed to exempt the parties from compliance with, or to require the parties to do anything contrary to, any Law relating to native title or any lawful obligation or requirement imposed on the parties pursuant to any Law relating to native title." Clause 1.2(c) contains an analogous statement for environmental protection arising under the EP Act, CS Act or "the Act that ratifies this Agreement". These clauses operate as explicit interpretive limits on the Agreement's otherwise broad "notwithstanding" reach under s 5 of the Act.

Interaction with native title procedures

Taking Orders and Land Administration Act 1997. Clause 7.1 makes the State's obligation to Grant Precinct Land and Port Land conditional upon the registration of Taking Orders under the Land Administration Act 1997. Clause 9(c) contemplates assignment of Native Title Party rights to a prescribed body corporate following a determination under ss 56 and 57 of the Native Title Act. Thus, the Agreement is designed to operate in step with the federal native title determination and State land administration processes rather than to circumvent them.

Environmental and contaminated sites laws

Contaminated Sites Act and EP Act. The Agreement invokes the Contaminated Sites Act 2003 and requires contaminated sites auditor review for the baseline report (clause 6.2(b)). Clause 6.4(b)(i) requires remediation to be consistent with applicable legislation, policy and relevant standards relating to contamination and environmental rehabilitation, at the time remediation is to be carried out. Clause 1.2(c) reiterates that nothing in the Agreement exempts compliance with environmental law, including the EP Act and CS Act. Those elements connect the Agreement’s remediation obligations to the existing regulatory framework.

Interaction with Government Agreements Act 1979

Exclusion from Government Agreements Act. Section 6(1) of the Act declares the Government Agreements Act 1979 does not apply to the Agreement. Section 6(2) bars the Agreement from being declared a Government agreement for the purposes of that Act. This removes the Agreement from the more general administrative oversight and approval procedures available under the Government Agreements Act, and places it under the express terms of this statute and common law.

Parliamentary oversight of variations

Tabling and disallowance. Clause 10.2 requires the Minister to table any variation within 12 sitting days and allows either House to pass a resolution disallowing it within 12 sitting days thereafter. This inserts parliamentary scrutiny into the variation process, providing a political law check on later amendments to the Agreement despite the Agreement’s otherwise contractual basis.

Commonwealth law references

Native Title Act and EPBC Act. The Agreement recognises Commonwealth statutes, defining "Native Title Act" and "EPBC Act" in clause 1.1 and requiring the State and the Native Title Party to comply with native title law obligations (clause 1.2(b)). The Agreement does not purport to displace Commonwealth law; rather, clause 1.2(b) and the definitions indicate the parties anticipate Commonwealth procedures and obligations will remain relevant.

Where tensions arise

Apparent tension between s 5 and clause 1.2. The Act’s s 5 gives the Agreement precedence "notwithstanding any other Act or law". But clause 1.2(b) and (c) expressly state the Agreement does not exempt the parties from compliance with native title and environmental laws. Practitioners should interpret these provisions together: the statutory overriding effect means the Agreement will be effective against inconsistent State statutes to the extent necessary to give effect to the Agreement, but the Agreement itself contains an internal commitment not to operate as an exemption from native title or environmental obligations. That internal commitment may operate as an interpretive constraint on how the Agreement is applied and may be a basis for interlocutory or declaratory challenges where a party relies on the Agreement to avoid compliance with environmental or native title duties.

Delegation to proponents and State liability

Subcontracting remediation. Clause 6.4(c) authorises the State to subcontract or impose remediation obligations on Proponents, but clause 6.4(d) preserves the State’s residual obligation to the Native Title Party. This contractual layering interacts with existing law on delegation, public obligations and private contracts: third parties can be assigned tasks but the State remains answerable to the Native Title Party under the Agreement.

Statutory administrative steps and titles

Taking Orders and Land Grants. The Agreement explicitly ties the State's Grant obligations to statutory actions such as registration of Taking Orders under the Land Administration Act 1997 (clause 7.1). Creation of title and registration with Landgate are required steps specified in clause 7.5, tying contractual commitments to statutory registration processes.

In short, the Agreement is given primacy by statute, but it contains express caveats that preserve compliance with native title and environmental laws and subjects certain actions to statutory registration requirements and parliamentary oversight. The result is a contractual‑statutory hybrid that seeks to operate across private law, State land law and regulatory regimes, with some discrete areas of State discretion insulated from arbitration under the Agreement.

The text provided contains the Act’s compilation table and the scheduled Agreement but records only the original enactment and commencement details. The compilation table at the end of the document identifies the Act as:

Browse (Land) Agreement Act 2012, No. 61 of 2012, Assent 11 December 2012, Commencement 12 December 2012 (s 2).

No subsequent amendments, replacement provisions or schedules are recorded in the provided text. The scheduled Agreement itself contains a clause permitting written variations by the parties (Schedule clause 10.1). Clause 10.2 imposes a parliamentary tabling and disallowance process for any variation: the Minister must lay variations on the Table of each House within 12 sitting days and either House may disallow within 12 sitting days (clause 10.2(a)-(b)). If no disallowance occurs the variation takes effect.

Mechanics for amendment under the Agreement

Party consent. Clause 10.1 provides that the parties may by agreement in writing add to, substitute for, cancel or vary provisions of the Agreement or related titles to facilitate implementation.
Parliamentary oversight. Clause 10.2 requires the Minister to table any agreement made under clause 10.1 in both Houses of Parliament within 12 sitting days and establishes a 12 sitting day disallowance period. This creates a controlled mechanism for amendments that must be publicly tabled and exposes variations to parliamentary review and potential disallowance.
Ministerial power to extend periods. Clause 12 grants the Minister power to extend or vary any period or date in the Agreement at the Native Title Party’s request and in the Minister’s discretion, whether or not the period has expired. This provides a unilateral administrative lever that avoids formal amendment in some circumstances and allows operational flexibility.

No further amendment history is recorded in the primary source document. Therefore, based on the text available, the only recorded legislative change is the original enactment and commencement in December 2012. Any later formal statutory amendments or judicial modifications are not recorded here and should be checked in updated statutory compilations and parliamentary records for subsequent changes.

The provided text does not contain any case law, judicial decisions, or litigation history relating to the Act or the Agreement. The schedule expressly references the Native Title Claim (Federal Court No WAD 6002/1998; NNTT Number WC99/36) as the ongoing native title matter for the Goolarabooloo / Jabirr Jabirr Peoples (Schedule clause 1.1 definitions). Clause 9 links assignment to any Federal Court determination under sections 56 and 57 of the Native Title Act 1993 (Cth). However, the Act text does not record any judicial determinations, appeals, arbitration awards, expert determinations, or court proceedings arising from the Agreement.

Implications for research

To obtain litigation history or judicial engagement with the Agreement, one must search court databases and tribunal records for disputes referencing the Browse (Land) Agreement Act 2012, Schedule 1 clauses, or the named parties. The Act text as provided does not supply that material.
The Agreement’s internal dispute resolution mechanisms (clause 16.1 arbitration; clause 16.2 expert determination) include final and binding determinations with limited judicial recourse (clause 16.2(b)(ix)). If disputes arose and were resolved via those pathways and then litigated, records may exist as arbitral awards enforced in court or as litigation commenced within the six month window permitted after Expert determinations. Those items are external to the Act text.
Similarly, any judicial review of State discretionary decisions (such as a Closure Decision or the decision to continue Port operation) would appear in administrative law records and are not recorded within this text.

Therefore, the Act text contains no litigation narrative. For current litigation information, consult legal databases, Federal Court Native Title determinations, WA Supreme Court and relevant arbitration enforcement filings.

Several provisions present practical traps, constraints or interpretive frictions that deserve attention to avoid unintended consequences. These are not normative judgments but concrete legal mechanics and operational frictions grounded in the text.

Apparent tension between s 5 "notwithstanding" clause and clause 1.2 caveats. Section 5(1) provides that the Agreement operates notwithstanding any other Act or law. Yet Schedule clause 1.2(b) and (c) state nothing in the Agreement shall be construed to exempt parties from compliance with Laws relating to native title or environmental protection. Practitioners should not assume the Agreement permits non‑compliance with native title or environmental duties. That tension may create litigation or interpretation issues where the State seeks to use the Agreement to modify environmental or native title processes.
State discretion on Closure Decision and Port operation. The State has broad powers. Under clause 4.1(a)(i) it may make a Closure Decision "at any time" after Commencement, subject to limitations. Clause 5.1(a) permits the State to decide in its absolute discretion that the Port will continue to operate after End of Precinct Life. These are concentrated decision rights with potentially large consequences for remediation timing, Grant timing and Native Title Party expectations. The Agreement excludes some State discretionary matters from general arbitration (clause 16.1(b)). Expect limited contractual review avenues where decisions are characterised as State discretion.
Remediation subcontracting with retained State liability. Clause 6.4(c) allows the State to subcontract remediation to Proponents "at its absolute discretion". Clause 6.4(d) then preserves the State’s obligations to the Native Title Party. Practitioners should note subcontracting can place practical and commercial remediation burdens on Proponents while leaving the State ultimately liable to the Native Title Party. This creates a potential mismatch between responsibility and operational control and may influence Proponent negotiations.
Timing traps for reports and responses. The LNG Precinct Baseline Report must be prepared within six months of Commencement Date (clause 6.2(a)). The Native Title Party has three months to comment on that Report (clause 6.2(d)). For the Environmental Status Report the Native Title Party has six months to comment (clause 6.4(f)). Failure to meet these windows can accelerate deemed completion (clause 6.5(a)) if the Native Title Party does not respond within stipulated periods. Be mindful of strict response windows that affect finality.
Grant contingent on registration of Taking Orders. Clause 7.1(a) conditions the State’s obligations to Grant on registration of Taking Orders under the Land Administration Act 1997. If Taking Orders encounter delay, the Grant obligations are held in abeyance. Similarly, clause 2(c) of the Agreement historically conditioned operation on enactment by specific dates; while the Act now exists, other statutory prerequisites like Taking Orders remain gating steps.
Limited cost coverage by the State. Clause 7.5(a) requires the State to pay for title creation and Landgate registration fees, but clause 7.5(b) expressly excludes usual pre‑conditions to title such as road upgrades, service connections and headworks charges and all holding costs including local government rates unless the State in its sole discretion agrees to pay. The Native Title Party should assume it will bear those longer term costs unless the State expressly agrees otherwise.
Definition‑driven exclusions from remediation. Excluded Facilities (clause 1.1) such as man made shoreline alterations, breakwaters, the Access Road, certain seabed areas, and port infrastructure are excluded from Remediation and Rehabilitation Works. Parties may assume remediation covers all infrastructure when the Agreement excludes these items. Also, Post Contamination excludes contamination caused by the Native Title Party and contamination that pre‑existed.
Limitation on other LNG facilities is narrow. Clause 8 prohibits the State from authorising a Gas Processing Facility on the Kimberley Coastline outside the LNG Precinct. "Gas Processing Facility" is defined narrowly as facilities for liquefaction of Petroleum produced from seaward of the low water mark. Other onshore processing, storage or transport facilities not meeting that definition may not be captured by clause 8. Parties should examine the precise definition before assuming the clause bars all potential coastal gas projects.
Expert determination finality and compressed timelines. Clause 16.2 requires the Expert to determine disputes within 42 days and makes the Expert's decision final and binding except for manifest error. Courts may be reluctant to revisit such determinations. Parties must be prepared for rapid expert processes and may face difficulty introducing extensive evidence or seeking later judicial intervention.
Ministerial power to extend dates. Clause 12 allows the Minister to extend any period or vary any date at the Native Title Party’s request "for such period or to such later date as the Minister thinks fit" whether or not the period has expired. That provides significant administrative flexibility but also creates uncertainty as to the durability of timing and remediation deadlines.
Assignment restrictions for Native Title Party. Clause 9 restricts assignment to a Permitted Assignee and links assignment to prescribed body corporate formation under the Native Title Act. Where the Native Title Party wishes to transfer rights to a different body, State consent is required and only "not to be unreasonably withheld" in certain circumstances. The assignment process is procedural and requires a deed and parliamentary tabling (clause 9(e)), adding steps and potential delay.
Parliamentary disallowance window for variations. Clause 10.2(b) permits parliamentary disallowance of any variation within 12 sitting days. Variations can therefore be politically exposed, introducing external political risk into otherwise commercial negotiations.

These "gotchas" are concrete operational, legal and timing frictions embedded in the Agreement that materially affect implementation, cost allocation and dispute avenues. Parties and advisers should map these provisions into project timetables, risk allocation matrices and dispute response plans.

Compliance under this Act and the scheduled Agreement requires attention to procedural steps, timelines and the allocation of responsibilities set out in the Agreement. The following is a practical compliance checklist for the primary actors: the State and Minister, the Native Title Party/KLC, Proponents, LandCorp and Port Authority.

For the State and Minister

Ensure legislative formalities completed. The Act ratifies the Agreement (s 4). Confirm the Commencement Date and the deadlines that depend on it, including the six month window in clause 6.2(a) for the LNG Precinct Baseline Report.
Prepare and deliver the LNG Precinct Baseline Report. Clause 6.2 requires the State to prepare the Baseline Report within six months of Commencement Date (unless earlier). The contamination aspects must be reviewed by a contaminated sites auditor accredited under the Contaminated Sites Act (clause 6.2(b)). The State must provide a copy to the Native Title Party and allow three months for comments (clause 6.2(d)). The State must prepare a final report in consultation with the Native Title Party within three months of receiving comments (clause 6.2(e)).
Implement remediation planning after Closure Decision. After a Closure Decision (clause 4), establish a Remediation and Rehabilitation Works management plan promptly (clause 6.3). Ensure the plan obliges adherence to applicable legislation, policy and standards at the time works are carried out (clause 6.4(b)(i)).
Manage Environmental Status Report process. Once remediation is complete, procure an Environmental Status Report prepared by a suitably qualified expert (clause 6.4(e)), provide it to the Native Title Party, accept comments within six months (clause 6.4(f)), and circulate a revised report setting out responses to comments (clause 6.4(g)). Completion of remediation can be deemed where the Native Title Party fails to comment within the period (clause 6.5(a)); ensure notice and record keeping on delivery of reports to preserve that option.
Maintain records of Taking Orders registration. Clause 7.1 conditions Grants on registration of Taking Orders under the Land Administration Act 1997. Track the progress of any Taking Orders and coordinate with Land Administration and Landgate to ensure title creation and registration steps align with clause 7.5 obligations.
Prepare to Grant land and consult on form of title. After Completion of Remediation, consult promptly with the Native Title Party on intended use and the appropriate form of title to be Granted (clause 7.2(a)). If no agreement within 12 months after Completion of Remediation, be prepared to Grant unconditional freehold title (clause 7.2(b)).
Plan cost allocation and disclosures. Budget for title creation and Landgate registration fees (clause 7.5(a)), but identify payers for headworks, service connections, road upgrades and future holding costs, as the State is not liable for those unless it chooses to be (clause 7.5(b)).
Observe the variation and tabling process. Any variation to the Agreement must be laid before Parliament within 12 sitting days (clause 10.2(a)). Provide drafts and briefing material for the Minister to ensure parliamentary tabling occurs properly and monitor the 12 sitting day disallowance window.
Use Ministerial extension power judiciously. Clause 12 allows the Minister to vary periods; document any variations and ensure they are recorded and communicated to the Native Title Party pursuant to clause 14 notice requirements.

For the Native Title Party and Kimberley Land Council

Monitor report delivery and comment windows. Track receipt dates for the LNG Precinct Baseline Report and the Environmental Status Report and provide comments within the three and six month windows respectively to preserve influence over remediation planning (clauses 6.2(d) and 6.4(f)). Failure to comment can result in deemed completion under clause 6.5(a).
Prepare for Grant and Administrative Body formation. If the Native Title Party intends that an Administrative Body hold title, nominate that body early and secure State approval under clause 7.3. Where a prescribed body corporate under the Native Title Act is imminent, follow clause 9 to assign rights and obligations to that body within two months of determination and incorporation.
Track Taking Orders and land tenure conditions. Ensure the Taking Orders registration process is progressing so that clause 7.1 obligations to Grant will come into effect. If delays occur, engage with the State to manage expectations and timeframes.
Assess liability exposure for transferred Facilities. The Agreement contemplates transfer of Facilities to the Native Title Party under some agreements. Before accepting any Facilities, ensure separate agreements specify liabilities, remediation responsibilities and cost allocations since clause 6.1(b) preserves no liability for remediation unless otherwise agreed.
Use the Extension Decision and Closure Decision triggers. If there are prolonged periods without Proponent occupation or exercise of rights, the Native Title Party can give notices under clause 4.3 to require the State to make Closure or Extension Decisions. Use the specific timeframes in clause 4.3 to bring matters to the State's attention.

For Proponents

Be prepared for remediation obligations. The State may impose remediation obligations on Proponents by contract or subcontract remediation to Proponents under clause 6.4(c). Proponents should seek contractual clarity on liability allocation, standards, timelines and State indemnities.
Comply with Permitted Precinct Use limits. Ensure Proponent Projects are confined to the Permitted Precinct Use in clause 3(a)(i). Downstream processing is excluded, so project design must align with the specified permitted activities.
Expect regulatory interfacing. Proponents must secure Project Rights and Approvals and may be required to work with contaminated sites auditors, contaminated sites regulators and environmental approval processes as integrated with the baseline and remediation work.

For LandCorp and Port Authority

Observe the procurement obligation. The State must procure that LandCorp and the Port Authority will not permit uses outside the Permitted Precinct Use (clause 3(a)(iii)). Operational policies and leasing arrangements should reflect that constraint.
Preserve port international obligations. Clause 3(b) preserves the Port Authority's obligations under international custom, convention and common law. Ensure operational procedures and port services remain compliant with those regimes.

Cross‑cutting administrative compliance

Notices and service addresses. Clause 14 sets required notice format and addresses for the State and Native Title Party. Maintain up‑to‑date contact details and serve notices in accordance with clause 14.1 to avoid disputes over service.
Dispute escalation pathways. For disputes likely to be about remediation or Port Lease terms, follow the specialist expert determination procedure in clause 16.2: give written notice, meet in good faith, and if unresolved, refer to ACDC and follow the panel and Expert selection steps. For other disputes, prepare for arbitration under the Commercial Arbitration Act 1985.
Record keeping and auditability. Keep careful contemporaneous records of Baseline Report delivery, auditor reviews, Environmental Status Reports, comment submissions and State responses. Those records will be central to demonstrating compliance and to any expert determination or arbitration.
Parliamentary tabling and political risk. Any variation will be tabled in Parliament and may be disallowed. Parties should brief Ministers and Parliaments proactively when negotiating variations.

This compliance checklist maps obligations in the Agreement to actionable steps and responsible parties. Because the Agreement embeds statutory reach via the Act, compliance is both contractual and statutory in effect; parties should coordinate legal, environmental, land administration and parliamentary procedures to manage timelines and obligations.

Browse (Land) Agreement Act 2012

Plain English Summary

Deep Dive

What it does

Current sections