THIS AGREEMENT made this 14th day of September 1987 BETWEEN:
THE HONOURABLE PAMELA ANNE BEGGS J.P. M.L.A. 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”) of the first part;
AND
WEST AUSTRALIAN TRUSTEES LIMITED of 135 St. Georges Terrace Perth in the State of Western Australia as trustee of the Burswood Property Trust (“the Trustee”) of the second part;
AND
BURSWOOD MANAGEMENT LIMITED of 40 The Esplanade Perth in the State of Western Australia as manager of the Burswood Property Trust (“the Manager”) of the third part.
A. The State, the Trustee and the Manager are parties to an agreement dated 20 February 1985 ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985 (“the Principal Agreement”).
B. The parties have agreed that subject as hereinafter provided the Principal Agreement should be amended.
Words and expressions defined in the Principal Agreement when used in this Agreement have, unless the context otherwise requires, the same meanings as are ascribed to them in the Principal Agreement and the provisions of clause 2 of the Principal Agreement as to the interpretation thereof shall apply to this Agreement.
(1) The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage as an Act.
(2) The following provisions of this Agreement shall be of no force or effect if the Bill referred to in sub-clause (1) is not passed as an Act on or before 31 October 1987.
The Principal Agreement is hereby amended: —
(A) by deleting from clause 2 the definitions “this Agreement”, “Burswood Casino”, “Control Act”, “Resort Complex”, “Resort Site”, “Site” and “Trust Deed” and inserting the following definitions: —
“this Agreement” means this Agreement as amended from time to time, whether in accordance with clause 5 or otherwise, and includes any schedule or annexure hereto;
“Burswood Casino” means that area in the Resort Complex identified in the Drawings as the area to constitute the casino and includes the area in which money counting, surveillance, storage and other activities relating to the conduct and playing of Games are carried on or, if and when the area to which the Burswood Casino Licence relates is fixed pursuant to section 21(4a) of the Control Act, the area so fixed as thereafter altered from time to time in accordance with that section;
“Control Act” means the Casino Control Act 1984;
“Resort Complex” means the hotel, convention centre/theatre restaurant, exhibition centre, recreation and other facilities and the Burswood Casino established or to be established on the Site pursuant to and in accordance with the provisions of this Agreement and includes, if and when constructed, Stage 2 but does not include, on and from the date specified in an order made under section 21F(1b) of the Control Act, any of the foregoing which are by the order excluded from the operation of this Agreement;
“Resort Site” means that part of Burswood Island as is shown bordered red on Lands and Surveys Miscellaneous Plan 1512 but does not include the Site or any land which ceases to be part of the Site by virtue of an order made under section 21F(1b) of the Control Act;
“Site” means Swan Locations 10661 and 10662 as surveyed and shown on registered Lands and Surveys Original Plan 16284 but does not include, on and from the date specified in an order made under section 21F(1b) of the Control Act, any part of that land which is by the order excluded from the operation of this Agreement;
“Trust Deed” means the deed dated 20 February 1985 made between the Trustee and the Manager constituting the Burswood Property Trust as amended consolidated and replaced by a deed dated 18 April 1985 made between the Trustee and the Manager and includes such last mentioned deed as thereafter from time to time altered or amended with the prior approval of the Minister;
(B) by deleting clause 13 and substituting the following clause: —
(1) If the Trustee shall resolve to proceed with Stage 2 or to carry out any other development of the Site the Trustee shall: —
(a) forthwith notify the State of such resolution; and
(b) in the case of any such other development, submit to the Minister a proposal in reasonable detail, and before proceeding, obtain the consent of the Minister, in relation thereto.
(2) The provisions of clauses 7, 9, 10 and 11 shall, with necessary modifications, apply in relation to the construction, Fit‑Out and Commissioning of Stage 2 or any other development referred to in sub-clause (1).
(C) by deleting clause 20 and substituting the following clause: —
(1) The Committee or the Committee’s Nominated Representative shall be entitled to attend and to speak at any meeting of the Burswood Property Trust or the Manager as though it or he were a unitholder of the Trust or a director of the Manager but nothing contained in this clause shall confer on the Committee or the Committee’s Nominated Representative a right to vote.
(2) The Trustee and the Manager shall deliver to the Committee a copy of all notices that are forwarded to unitholders or directors of such meetings in the same manner and at the same time as such notices are forwarded to unitholders or directors as the case may be.
(D) by adding after paragraph (a) of sub‑clause 24(1) the following paragraph: —
(aa) if pursuant to an order made under section 21F(1b) of the Control Act the hotel the subject of the licence referred to in paragraph (a) is excluded from the operation of this Agreement, 1 casino liquor licence;
(E) by deleting sub-clauses (1) and (2) of clause 25 and substituting the following sub‑clauses: —
(1) The Trustee shall not except in accordance with the provisions of the Control Act: —
(a) assign, mortgage, charge or otherwise encumber: —
(i) the Burswood Casino Licence;
(ii) the Site or the Resort Complex or any part of either;
(iii) its rights and benefits under this Agreement;
(b) dispose of any part of the Resort Complex or the Site.
(2) In sub-clause (1) “dispose of” has the meaning ascribed to that expression by section 21F(8) of the Control Act.
AS WITNESS the execution of this Agreement by or on behalf of the parties hereto the day and year first hereinbefore written.
| SIGNED by THE HONOURABLE PAMELA ANNE BEGGS J.P. M.L.A. for and on behalf of the State of Western Australia in the presence of: | Image unavailable in extracted text | P. A. BEGGS. |
R. CHAPMAN.
| THE COMMON SEAL of WEST AUSTRALIAN TRUSTEES LIMITED was hereunto affixed by authority of the Board of Directors in the presence of: | Image unavailable in extracted text | (C.S.) |
A. M. READ. Manager — Corporate Services
F. S. KAMP. Secretary
| THE COMMON SEAL of BURSWOOD MANAGEMENT LIMITED was hereunto affixed by authority of the Board of Directors in the presence of: | Image unavailable in extracted text | (C.S.) |