Address THE HONOURABLE MARK MCGOWAN MLA, the Minister of the Crown for the time being charged with the administration of the Control Act acting for and on behalf of the State of Western Australia and its instrumentalities from time to time.Level 20, 197 St Georges Tce, Perth, Western Australia
Trustee Name Burswood Nominees Ltd as Trustee of the Burswood Property Trust
ACN 078 250 307
Incorporated in Commonwealth of Australia
Address Burswood Entertainment Complex
Burswood, Western Australia
Manager Name Burswood Resort (Management) Limited as Manager of the Burswood Property Trust
ACN 009 396 945
Incorporated in Commonwealth of Australia
Address Burswood Entertainment Complex
Burswood, Western Australia
RecitalsA The State, the Trustee (by virtue of the West Australian Trustees Limited (Merger) Act 1989) and the Manager (by virtue of a deed of retirement and appointment of manager made on 13 August 1990 and a deed of assumption and covenant made on 13 November 1991) are parties to an agreement dated 20 February 1985 ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985 as amended by:(a) the Supplementary Agreement made on 14 September 1987;(b) the Second Supplementary Agreement made on 3 May 1990;(c) the Third Supplementary Agreement made on 13 November 1991;(d) the Fourth Supplementary Agreement made on 30 March 1992;
(e) the Fifth Supplementary Agreement made on 3 April 1995;(f) the Sixth Supplementary Agreement made on 22 June 1996;(g) the Seventh Supplementary Agreement made on 9 June 1997; and(h) the Eighth Supplementary Agreement made on 18 June 2003,which Agreement as so amended is referred to in this Agreement as “the State Agreement”.
B The parties have agreed to further amend the State Agreement for the purpose of more efficiently or satisfactorily implementing or facilitating certain of its objectives.
Governing law Western Australia
Date of Agreement See Cover page
General Terms
1. Definitions and Interpretations
Words and expressions defined in the State Agreement when used in this Agreement have, unless the context otherwise requires, the same meanings as in the State Agreement and the provisions of clause 2 of the State Agreement as to the interpretation apply to this Agreement.
Pursuant to and subject to clause 5 of the State Agreement the parties agree to amend the State Agreement in the manner set out in this Agreement.
3. Clause 3 amended
Clause 2 of the State Agreement is amended by inserting after the definition of “Option” the following definition —
“ “Order” means the Casino Control (Burswood Island Casino Complex) Order 1987.”
4. New Clause 21A inserted
The State Agreement is amended by inserting after clause 21 the following clause:
“Reinstatement of Hotel and Tennis Court land as part of Casino Complex.
21A Upon repeal of the Order, all parts of the Casino Complex that were an excluded part under the Order and ceased to be part of the Casino Complex by virtue of the Order, shall become part of the Casino Complex for the purposes of this Agreement being then Portion of Swan location 10662 being Lot 1 on Plan 16029 and being the whole of the land then comprised in Certificate of Title Volume 1778 Folio 610 and the Hotel established hereon.”
5. Repeal of order
The State shall repeal the Order.
Signing page
| SIGNED by THE HONOURABLE MARK MCGOWAN MLA<br>for and on behalf of the State of Western Australia in the presence of:<br>J Nichols<br>……………………………….…....<br>Signature of witness<br>Jon M. Nichols<br>…………………………….,..….…<br>Name of witness (block letters) | )<br>)<br>)<br>)<br>) | Mark McGowan<br>……………………………….……<br>Signature of THE HONOURABLE MARK MCGOWAN MLA |
| THE COMMON SEAL of BURSWOOD NOMINEES LIMITED (ACN 078 250 307) is duly affixed by authority of its directors in the presence of:<br>David Courtney<br>……………………………………<br>Signature of authorised person<br>Director<br>…………………………………….<br>Office held<br>DAVID GRAEME COURTNEY<br>……………………………………<br>Name of authorised person (block letters) | )<br>)<br>)<br>)<br>) | D.S.<br>J Henwood<br>…………………………….……<br>Signature of authorised person<br>Secretary<br>…………………………………..<br>Office held<br>JUSTINE LISA HENWOOD<br>…………………………………..<br>Name of authorised person (block letters) |
| THE COMMON SEAL of BURSWOOD RESORT (MANAGEMENT) LTD (ACN 009 396 945) is duly affixed by authority of its directors in the presence of:<br>David Courtney<br>……………………………………<br>Signature of authorised person<br>Director<br>……………………………………<br>Office held<br>DAVID GRAEME COURTNEY<br>……………………………………<br>Name of authorised person (block letters) | )<br>)<br>)<br>)<br>) | C.S.<br>J Henwood<br>…………………………………...<br>Signature of authorised person<br>Secretary<br>……………………………………<br>Office held<br>JUSTINE LISA HENWOOD<br>……………………………………<br>Name of authorised person (block letters) |
[Schedule 10 inserted: Gazette 4 Jul 2006 p. 2467-71.]