Sch 5Third Supplementary Agreement

Schedule 5 — Third Supplementary Agreement

THIRD SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 13th day of November 1991

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;

PERPETUAL TRUSTEES W.A. LTD. (ACN 008 666 886) of 89 St. Georges Terrace Perth in the State of Western Australia as trustee of the Burswood Property Trust (“the Trustee”) of the second part;

BURSWOOD RESORT (MANAGEMENT) LIMITED (ACN 009 396 945) of 40 The Esplanade Perth in the State of Western Australia as manager of the Burswood Property Trust (“the Manager”) of the third part.

WHEREAS:

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 agreements dated 20 February 1985, 14 September 1987 and 3 May 1990 ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985 (the 20 February 1985 agreement as supplemented and amended by the 14 September 1987 and 3 May 1990 agreements “the Principal Agreement”).

B. The parties have agreed subject as hereinafter provided to amend the Principal Agreement pursuant to clause 5 for the purpose of more efficiently or satisfactorily implementing or facilitating certain of its objectives.

NOW IT IS HEREBY AGREED AS FOLLOWS:

1. Words and expressions defined in the Principal Agreement when used in this Agreement have, unless the context otherwise requires, the same meanings as in the Principal Agreement and the provisions of clause 2 of the Principal Agreement as to the interpretation thereof shall apply to this Agreement.

2. (1) This Agreement, if not disallowed pursuant to clause 5 of the Principal Agreement, has effect from and after the date on which in accordance with that clause it has effect.

(2) As between the parties to this Agreement a certificate signed by the Minister as to the date on and from which this Agreement has effect shall be conclusive.

3. (1) Subject to sub-clause (2) the Principal Agreement is amended:‑

(a) by adding at the end of clause 17(2) the following:‑