Sch 7Fifth Supplementary Agreement

Schedule 7 — Fifth Supplementary Agreement

FIFTH SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 3rd day of April 1995

THE HONOURABLE GEORGE MAXWELL EVANS MBE, FCA, MLC, 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”);

PERPETUAL TRUSTEES WA. LTD. (ACN 008 666 886) of 89 St. George’s Terrace Perth in the State of Western Australia as trustee of the Burswood Property Trust (“the Trustee”);

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.

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 two agreements dated 14 September 1987 and 3 May 1990 also ratified by and scheduled to the Casino (Burswood Island) Agreement Act 1985 and by two other agreements made pursuant to clause 5 of the 20 February 1985 Agreement dated 13 November 1991 and 30 March 1992 (the 20 February 1985 Agreement as so amended “the State Agreement”).

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 certain of its objectives.

1. 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.

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

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

3. Clause 2 of the State Agreement is amended by deleting the definition “Resort Site” and substituting the following ‑

“ “Resort Site” means those parts of Burswood Island as are ‑

(a) shown bordered red on Department of Land Administration Miscellaneous Plan 1512; and