22AASpecial provisions relating to claims by certain specified companies

22AA Special provisions relating to claims by certain specified companies

22AA Special provisions relating to claims by certain specified companies

(1) If The Broken Hill Proprietary Company Limited, BHP Minerals Ltd, Australian Iron & Steel Pty Limited or Boone & Willard Pty Ltd have made claims for compensation in accordance with clause 10, 11 or 12 and the total amount of compensation payable in respect of all of those claims would, apart from this clause, exceed $18,000,000, then, irrespective of the provisions of clauses 18–22, the total amount of compensation so payable is, subject to subclause (4), to be $18,000,000 and no more.

(2) If Coal & Allied Operations Pty Ltd has made claims for compensation in accordance with clause 10, 11 or 12 and the total amount of compensation payable in respect of all of those claims would, apart from this clause, exceed $18,750,000, then, irrespective of the provisions of clauses 18–22, the total amount of compensation so payable is, subject to subclause (4), to be $18,750,000 and no more.

(3) If Durham Holdings Pty Ltd has made claims for compensation in accordance with clause 10, 11, 12 or 22AB and the total amount of compensation payable in respect of all of those claims would, apart from this clause, exceed $23,250,000, then, irrespective of the provisions of clauses 18–22, the total amount of compensation so payable is, subject to subclause (4), to be $23,250,000 and no more.

(4) If, because of this clause, a company is not entitled to be paid as compensation under this instrument an amount greater than that specified in subclause (1), (2) or (3) (whichever is applicable to the company), the company is nevertheless entitled to be paid interest on the balance of the amount of compensation (not exceeding the amount specified in that subclause) which from time to time remains unpaid on or after 19 September 1989.

(5) If R.W. Miller & Company Pty. Limited has made claims for compensation in accordance with clause 10, 11 or 12 and the total amount of compensation payable in respect of all of those claims would, but for this clause, exceed $20,000,000, then, irrespective of the provisions of clauses 18–22, the total amount of compensation so payable is, subject to subclause (6), to be $20,000,000 and no more.

(6) If, because of this clause, R.W. Miller & Company Pty. Limited is not entitled to be paid as compensation under this instrument an amount greater than that specified in subclause (5), R.W. Miller & Company Pty. Limited is nevertheless entitled to be paid interest on the balance of the amount of compensation (not exceeding the amount specified in that subclause) which from time to time remains unpaid on or after 30 June 1993.