Sch Second ScheduleSupplemental agreement amending Cement Works (Cockburn Cement Limited) Agreement

Second Schedule — Supplemental agreement amending Cement Works (Cockburn Cement Limited) Agreement

[Heading amended: No. 19 of 2010 s. 4.]

THIS AGREEMENT under seal is made the 25th day of August, One thousand nine hundred and seventy one BETWEEN: THE HONOURABLE JOHN TREZISE TONKIN M.L.A., Premier of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities (hereinafter referred to as “the State”) of the first part THE HONOURABLE COLIN JOHN JAMIESON M.L.A., the Minister for Works for the time being of the Government of the said State and in that capacity for the time being responsible for the administration of the Fremantle Port Authority Act 1902 (hereinafter referred to as “the Minister for Works”) of the second part.
FREMANTLE PORT AUTHORITY a body corporate constituted by the Fremantle Port Authority Act 1902 (hereinafter referred to as “the Authority”) of the third part and COCKBURN CEMENT LIMITED a company duly incorporated in Western Australia and having its registered office Third Floor Manufacturers’ Building 212‑220 Adelaide Terrace Perth (hereinafter referred to as “the Company” which terms shall include its successors and permitted assigns) the fourth part.

(i) this Agreement is supplemental to an Agreement under seal dated the 18th day of February, 1971 made between THE HONOURABLE SIR DAVID BRAND K.C.M.G., M.L.A. Premier and Treasurer of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities of the first part the Minister for Works as therein defined of the second part the Authority of the third part and the Company of the fourth part (which agreement is hereinafter referred to as “the principal agreement”);

(ii) the parties hereto have agreed to add to the provisions of the principal agreement as hereinafter provided.

NOW THIS AGREEMENT WITNESSETH —

1. THE principal agreement is added to as hereinafter provided and shall be read and construed accordingly.

2. Clause 1 of the principal agreement is amended by adding after the definition of “apply” “approve” “approval” “consent” “certify” “direct” “notify” and “request” in subclause (2) the following further definition —

“cement” means any form of cement or lime manufactured from calcareous material whether or not any other substance or mineral is added or used in the manufacture of such cement or lime;

IN WITNESS whereof these presents have been executed the day and year first hereinbefore written.

| SIGNED SEALED AND DELIVERED by the said THE HONOURABLE JOHN TREZISE TONKIN M.L.A. in the presence of — | Image unavailable in extracted text | JOHN T. TONKIN.<br>(L.S.) |