Casino (Burswood Island) Agreement Act 1985
Sch 6Fourth Supplementary Agreement
Start here
Get a plain-English read of Sch 6
Turn the raw legal text into a practical explanation grounded in Casino (Burswood Island) Agreement Act 1985.
Schedule 6 — Fourth Supplementary Agreement
FOURTH SUPPLEMENTARY AGREEMENT
THIS AGREEMENT made the 30th day of March 1992
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 inter alia 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. By an agreement made on 13 November 1991 between the State, the Trustee and the Manager (“the Third Supplementary Agreement”) the Principal Agreement was, pursuant to clause 5 thereof, further supplemented and amended.
C. Pursuant to clause 5(3) of the Principal Agreement, the Third Supplementary Agreement, subject to its terms, has effect from and after 19 March 1992.
D. By reason of clause 3(2) of the Third Supplementary Agreement the amendment to The Principal Agreement made by paragraph (a) of clause 3(l) of the Third Supplementary Agreement has not, as at the date hereof, taken effect.
E. The parties have agreed that certain of the objectives of the Principal Agreement would be more efficiently or satisfactorily implemented or facilitated otherwise than as contemplated by paragraph (a) of clause 3(l) of the Third Supplementary Agreement and accordingly have further agreed that the Principal Agreement, as amended by the effective provisions of the Third Supplementary Agreement (the Principal Agreement as so amended “the Amended Principal Agreement”), should, subject as hereinafter provided, be amended pursuant to clause 5 of the Amended Principal Agreement as provided in this Agreement.