Sch 8Sixth Supplementary Agreement

Schedule 8 — Sixth Supplementary Agreement

SIXTH SUPPLEMENTARY AGREEMENT

THIS AGREEMENT made the 22 day of June 1996

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 W.A. 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”);

AND

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 three other agreements made pursuant to clause 5 of the 20 February 1985 Agreement dated 13 November 1991, 30 March 1992 and 3 April 1995 (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 23 of the State Agreement is amended by adding after subclause 2 the following subclause ‑

“(2A) 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 Swan Location 12057 on Department of Land Administration Plan 18634.”