Sch 17Sixteenth Supplementary Agreement

Schedule 17 — Sixteenth Supplementary Agreement

[Heading inserted: SL 2023/192 cl. 4.]

SIXTEENTH SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 14th day of April 2023

THE HONOURABLE REECE WHITBY 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 (“the State”);

BURSWOOD NOMINEES LIMITED (ACN 078 250 307) of 201 Great Eastern Highway, Burswood in the State of Western Australia as trustee of the Burswood Property Trust (“the Trustee”);

BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) of 201 Great Eastern Highway, Burswood in the State of Western Australia as manager of the Burswood Property Trust (“the Manager”).

A. 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:

(m) the Thirteenth Supplementary Agreement made on 16 March 2015;

(n) the Fourteenth Supplementary Agreement made on 6 October 2016; and

(o) the Fifteenth Supplementary Agreement made on 7 May 2019,

B. The parties have agreed to further amend the State Agreement pursuant to clause 5 for the purpose of more efficiently or satisfactorily implementing or facilitating its objectives.

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 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 23 amended

Clause 23 of the State Agreement is amended by adding after subclause (2B) the following subclause ‑

“(2C) For the purposes of subclause (2) the Resort Site shall be taken to remain under the control and management of the Board even if the Board, with the prior approval of the Minister and the Trustee, leases the whole or part of that part of the Resort Site as now comprises Lot 2002 on Deposited Plan 414942.”