Compliance with the Collie Coal (Griffin) Agreement Act 1979 requires adherence to the detailed contractual and reporting obligations in the ratified agreement, as varied. For the Company (or its receivers and managers acting on its behalf), the following steps are essential.
Proposal submissions. The Company must submit detailed proposals for the exploration and development of the coal resource in accordance with Clause 11A (as inserted by the 2023 and 2024 variations). For the financial year ending 30 June 2026, proposals must be submitted between 1 April 2025 and 30 April 2025 (or such extended time as the Minister may allow) under Clause 11A(4). These proposals must cover the matters listed in Clause 7(1)(a) to (l) , mining methods, coal tonnage, processing, roads, power supply, timber clearing, water, environmental measures, use of local services, leases required, and other works. The proposals must be detailed to the fullest extent reasonably practicable, including plans and specifications where required. The Company should also submit the 5-year mining plan under Clause 14 at 5-yearly intervals from the commencement of year 1. Although year 1 is long past, the obligation continues during the currency of the Agreement.
Implementation and environmental management. Once proposals are approved, the Company must implement them in accordance with their terms (Clauses 8(7), 9(3), 10, 11A(5)). The Company must carry out a continuous programme of environmental investigation and research (Clause 11(1)), submit interim reports yearly, and detailed reports every 3 years (Clause 11(2)). If the Minister requires additional proposals under Clause 11(3) after receiving a detailed report, the Company must submit them within 2 months. The Company must also comply with any environmental requirements under other Acts (Clause 38 does not exempt the Company from those).
Royalties and returns. The Company must pay royalties at the rates prescribed under the Mining Act (Clause 26(1)). Monthly returns must be furnished to the Minister for Mines within 14 days after the last day of each month, accompanied by payment of the royalty due (Clause 26(2)). The Company must permit inspection of books of account and records relevant to royalty calculation and, if required, provide certificates of independent parties as to weights and analyses (Clause 26(3)).
Use of local resources. The Company must use local professional services, labour, and give Western Australian suppliers reasonable opportunity to tender, and where price, quality, delivery and service are equal or better, give preference to them (Clause 15(1)). Reports on compliance with this clause must be submitted when requested by the Minister (Clause 15(2)).
Roads and rail. The Company must construct and maintain private roads at its own cost (Clause 16(1)), prevent public access to them (Clause 16(1)(b)), provide protection at railway and public road crossings (Clause 16(1)(c)), and minimise coal spillage (Clause 16(2)). It must pay for upgrading or repairing public roads damaged by its operations as reasonably required by the Commissioner of Main Roads (Clause 16(4)). For rail, the Company must provide and operate coal loading facilities including weighing facilities (Clause 17(1)), ensure wagons are loaded within axle load limits and trimmed properly (Clause 17(2)), and obtain approval before mining near railways (Clause 17(4)). If it requires additional railway track, it must first agree with the Railways Commission on route, cost and terms (Clause 17(3)).
Lease management. The Company must comply with conditions imposed by the Minister for Mines for reducing or making good injury to the surface of the land (Clause 21(5)). Before mining on privately owned land above 31 metres depth, the Company must enter into a compensation agreement with the owner and occupier and lodge a copy with the Department of Mines (Clause 21(9)). Surrender of leases or parts requires approval of the Minister for Mines and rehabilitation in accordance with approved proposals (Clause 21(10)).
Reporting and consultation. The Company must consult with and keep the State informed on a confidential basis about actions that might significantly affect the State’s overall interest (Clause 44). It must also liaise with the State and local municipal authority about planning for serviced land for housing (Clause 24). Any agreement for export coal requires Ministerial consent (Clause 25(1)), and the Company must advise the Minister of other coal supply agreements and provide details as required (Clause 25(3)).
Compliance with variations. The Company must ensure that any third-party access to the Ewington Rail Infrastructure is only granted with the prior consent of the Minister (Clause 17(8)). If the Company desires to vary an approved proposal during its implementation, it must seek the Minister’s approval under Clause 11A(5) (inserted by the 2024 variation) instead of relying on Clause 33.
Record-keeping and notices. All notices, consents and approvals must be in writing (Clause 1 definition of “advise”). The Company must maintain proper records to support royalty returns and compliance reports. Notices to the Minister are deemed given if signed by a director, manager, secretary, or authorised person or solicitors, and forwarded by prepaid post (Clause 43). The Company should ensure that all assignees, mortgagees, chargees and disponees have notified the State of their names and addresses so they receive any default notices (Clause 36(2)).