Collie Coal (Griffin) Agreement Act 1979

The Agreement defines a set of interconnected concepts that structure the rights and duties of the parties. “Mining areas” (Clause 1) means the areas over which the company held coal mining leases at the date of the original agreement (listed in Schedule A) together with areas for which it had applied for leases (Schedules B and C). “Company’s Coal Mining Leases” means the leases in Schedule A plus any leases granted under Clause 21 that the company holds from time to time during the currency of the Agreement. A central concept is the “overall scheme” (Clause 6): the company must prepare an overall scheme for exploration and development of its coal resource in the mining areas, taking account of the need to satisfy coal requirements of the State Energy Commission and industry, and the need to progressively rehabilitate all mined areas. That overall scheme is submitted with detailed proposals under Clause 7. The “mining plan” (Clause 14) is a separate 5-year plan furnished to the Minister every 5 years from year 1. “Detailed proposals” (Clauses 7, 9, 10, and now 11A) are the company’s submissions covering mining methods, coal tonnage, processing, roads, power supply, timber clearing, water, environmental measures, use of local services, leases required, and other works. The proposals are subject to a defined approval process under Clause 8: the Minister may approve, defer, or require alterations that the Minister thinks reasonable, with the company able to refer the reasonableness of the Minister’s decision to arbitration. The “State Energy Commission contract” (recital (c) and Clause 5) is the 1979 coal supply agreement for 25 years; under Clause 5, 50 per cent of the extractable reserves in certain leases must be reserved for the State Energy Commission. The 2023 variation introduced the “variation date” as the date Clause 2 of that variation came into operation, and the 2024 variation introduced the “second variation date” for its own variation. “Associated company” (Clause 1) means a company providing at least $2 million capital, incorporated in the UK, US, Australia or another approved country, in which the company or an approved corporation holds at least a 25 per cent interest, or any company approved in writing by the Minister. The receivers and managers appointed to the company are not defined as a separate concept in the definitions clause, but the 2023 and 2024 variation agreements contain detailed acknowledgments and releases regarding their personal liability. “Ewington Rail Infrastructure” is defined in the 2024 variation as the rail spur and loop and any associated infrastructure at Ewington constructed under the Agreement. Other key defined terms include “Minister” (the Minister responsible for the Act), “Minister for Mines”, “Conservator of Forests”, “Railways Commission”, “State Energy Commission”, “private road”, “public road”, “timber”, “State forest”, “timber reserve”, “commencement date”, and “year 1” (commencing 1 July 1980).

The primary parties are the State of Western Australia (acting through the Premier as the executing officer) and The Griffin Coal Mining Company Pty Limited (receivers and managers appointed) (in liquidation) , referred to as “the Company” in the Agreement, a term that includes its successors and permitted assigns and appointees (Clause 1). The State is bound to perform its obligations through its instrumentalities. The Company is currently in external administration: the 2023 and 2024 variation agreements expressly acknowledge that Matthew Donnelly, Sean Holmes and Grant Sparks execute as joint and several receivers and managers of the company’s assets, acting as agents of the company and not in their personal capacity (except for recklessness, fraud, gross negligence or wilful misconduct). The State releases the receivers personally from all liability under the Agreement to the maximum extent permitted by law. The Agreement also affects “associated companies” , companies that meet the capital and relationship tests in Clause 1 or are approved by the Minister. Those associated companies may be assigned rights or appointed to exercise powers under Clause 32 without requiring Ministerial consent, though the company remains liable. The State Energy Commission of Western Australia is a key third-party beneficiary: it has a reserved entitlement to 50 per cent of extractable coal reserves in specified leases (Clause 5) and is a party to the coal supply contract mentioned in recital (c). The Minister for Mines has specific roles in relation to royalties (Clause 26), conditions on coal mining leases (Clause 21(5)), and the approval of surrenders (Clause 21(10)). The Conservator of Forests is involved for entry onto State forests and timber reserves (Clause 20) and can impose conditions; he may also carry out environmental work on behalf of the company at the company’s cost (Clause 13). The Railways Commission has responsibilities for rail loading facilities (Clause 17), track extensions, diversions, and potentially providing rolling stock for export coal transport. Local authorities are affected by provisions on rating (Clause 28 requires valuation on unimproved value and prohibits discriminatory rates), zoning (Clause 27 requires the State to ensure the company’s lands remain zoned for coal operations), and road maintenance (Clause 16(3)). Third parties may gain access to the Ewington Rail Infrastructure if the Minister consents under the new Clause 17(8) inserted by the 2024 variation. Assignees, mortgagees, chargees and disponees of the company’s rights under the Agreement are also affected: they receive notice of any determination of the Agreement (Clause 36(2)), and their interests are subject to the cessation provisions in Clause 37. Ultimately, the Agreement affects anyone who deals with coal mining operations in the Collie region, including contractors (Clause 45 permits subcontracting), suppliers (the company must give preference to Western Australian suppliers), and the Commonwealth (to the extent licences or consents are required under Commonwealth law, Clause 40).

The Agreement imposes extensive duties on the Company and corresponding obligations on the State, together with specific rights for both parties.

Company’s duties. The Company must prepare and submit an overall scheme under Clause 6. It must submit detailed proposals under Clause 7 (for years 1-15), Clause 9 (for years 16-30 and 31-42), Clause 10 (for significant variations), and the new Clause 11A (for financial years ending 30 June 2024, 2025, and 2026). It must implement approved proposals in accordance with their terms (Clauses 8(7), 9(3), 10). The Company must carry out a continuous programme of environmental investigation and research (Clause 11(1)) and submit interim and detailed reports at yearly and 3-yearly intervals (Clause 11(2)). It must allow the Minister or authorised persons to enter land for surveys and inspections (Clause 12). Under Clause 15, the Company must, as far as reasonable and economically practicable, use local professional services and labour, give Western Australian suppliers reasonable opportunity to tender, and give preference where price, quality, delivery and service are equal or better. The Company is responsible for constructing and maintaining private roads (Clause 16(1)), minimising coal spillage (Clause 16(2)), and paying for upgrading or repairing public roads damaged by its operations (Clause 16(4)). It must provide and operate coal loading facilities (Clause 17(1)) and ensure proper wagon loading and trimming (Clause 17(2)). The Company must not interfere with the Muja power station water supply or transmission lines (Clause 18(1)). It must give the Conservator of Forests 6 months notice before entering State forests (Clause 20(1)) and obtain permits to take timber (Clause 20(2)). It must pay royalties at the rates prescribed under the Mining Act, furnishing monthly returns within 14 days after each month (Clause 26). The Company must indemnify the State against all third-party claims arising from its operations (Clause 39). It must consult confidentially with the State about actions significantly affecting the State’s overall interest (Clause 44).

State’s duties. The State must introduce and sponsor a Bill to ratify the Agreement (Clause 3). It must allow the Company to enter Crown lands to the extent reasonably necessary (Clause 3(b)). The State must cause coal mining leases to be granted for the applications in Schedules B and C once proposals are approved (Clause 21(1)). The State must ensure zoning protection for the Company’s lands (Clause 27) and ensure that valuation for rating is on unimproved value (Clause 28) and that no discriminatory rates are imposed (Clause 29). The State agrees not to resume land that would materially impede the Company’s operations without the Company’s consent (Clause 31). The State must exempt certain instruments from stamp duty for 7 years (Clause 41).

Company’s rights. The Company may assign to an associated company as of right, or with Ministerial consent to others (Clause 32(1)). It may appoint an associated company to exercise powers (Clause 32(1)(b)). It may surrender leases or portions with Minister approval after rehabilitation (Clause 21(10)). It may refer to arbitration any dispute as to the reasonableness of the Minister’s decision on proposals (Clause 8(4)), and any dispute under the Agreement generally (Clause 42). It may seek extensions of time from the Minister under Clause 35 (power to extend any period or vary any date). Force majeure delays suspend obligations other than for money due (Clause 34). Under Clause 17(8) (inserted 2024), the Company may enter into third-party access agreements for the Ewington Rail Infrastructure with the Minister’s consent.

State’s rights. The State may determine the Agreement for material default after 180 days notice (or arbitration period) under Clause 36(1). It may remedy default itself and recover costs (Clause 36(4)). It may determine the Agreement immediately if the State Energy Commission contract is terminated due to the Company’s default (Clause 36(5)). Upon cessation or determination, the State acquires all buildings and improvements on non-Schedule A lands without compensation (Clause 37(2)), and may purchase fixed plant at a fair valuation (Clause 37(3)).

The Agreement does not impose criminal penalties or fines. Instead, enforcement operates through contractual mechanisms, including termination rights and arbitration, backed by the statutory force of the Act. The primary enforcement tool is the State’s right to determine the Agreement under Clause 36. The State may determine if the Company makes a default that the State considers material in the performance of any covenant or obligation under the Agreement, the coal mining leases, or any related lease, sublease, licence or title, and that default is not remedied within 180 days after notice (or within a reasonable time fixed by arbitration award, but not less than 90 days after the award, if the Company contests the default in good faith). The same applies if the Company abandons or repudiates its operations, or goes into liquidation (other than voluntary liquidation for reconstruction). The notice must specify the nature of the default and be given to the Company and all assignees, mortgagees, chargees and disponees whose names have been notified to the State (Clause 36(2)). If the default is not remedied, the State may choose to remedy it itself by entering the Company’s lands and using its plant, and recover the costs as a debt (Clause 36(4)). Additionally, if the State Energy Commission contract is terminated due to the Company’s default, the State may determine the Agreement forthwith by notice (Clause 36(5)).

The consequences of cessation or determination are set out in Clause 37. All rights of the Company and any assignee or mortgagee under the Agreement, under coal mining leases granted under Clause 21, and under any other lease, licence, easement or right granted under the Agreement cease and determine, except as otherwise agreed by the Minister. The Company must pay all moneys payable or accrued due. All buildings, erections and other improvements on land (other than land held under Schedule A leases) become the absolute property of the State without compensation, freed from all mortgages and encumbrances. The Company may give notice of desire to remove fixed or movable plant and equipment from non-Schedule A lands, but this grants the State an option to purchase them in situ at a fair valuation within 3 months (Clause 37(3)). Critically, certain leases persist despite determination: under Clause 21(4), six specified leases (449, 450, 453, 454, 532, 537) continue for the balance of the State Energy Commission contract or the unexpired lease term, whichever is longer; other Schedule A leases continue for their unexpired term; and if leases 458-466 expire during the State Energy Commission contract, the State must grant a special lease for necessary surface land.

The arbitration mechanism (Clause 42) also serves as a dispute resolution and enforcement tool. Disputes arising out of or in connection with the Agreement are referred to two arbitrators (one each), who appoint an umpire, conducted under the Arbitration Act 1895. The arbitrators or umpire may grant interim extensions of time in the name of the Minister. However, Clause 42(2) excludes from arbitration any case where the State or a Minister is given discretionary power, so decisions like the Minister’s refusal to approve proposals are only reviewable by arbitration on the ground of unreasonableness under Clause 8(4). If an arbitration award goes against the Company and the Company does not accept it within 3 months, the Agreement ceases (Clause 8(5)(a)).

There are also financial enforcement mechanisms: royalty payments are due monthly under Clause 26(2) and subject to inspection rights (Clause 26(3)). The Company must indemnify the State against third-party claims (Clause 39). The State may also use the power to extend periods under Clause 35 as a flexible tool to avoid automatic termination where delays occur.

The Agreement expressly prevails over other enactments. Clause 4(3) of the original Agreement provides that on the Bill commencing to operate as an Act, all provisions of the Agreement operate and take effect notwithstanding the provisions of any Act or law. This is reinforced by sections 4(3) and 5(3) of the Act itself for the variation agreements. The Agreement is thus a statutory contract that overrides inconsistent State legislation.

Specific modifications to other Acts are set out in the Agreement. For the Mining Act (Clause 1 defines it as the Mining Act 1904 as in force at execution, but Clause 2(d) says references to Acts include amendments and substitutions), several provisions are modified. Clause 21(11) deems the definition of “Private Land” in section 136 of the Mining Act to be modified by deleting the passage “except coal mining”, thereby allowing mining on private land under the Agreement subject to separate compensation agreements. Clause 21(6) exempts the Company from the labour conditions imposed by or under the Mining Act on its coal mining leases. Clause 21(10) modifies section 115 of the Mining Act to allow surrender of lease portions after rehabilitation with abatement of future rent. Clause 21(3) provides that the term of existing Schedule A leases remains current during the continuance of the Agreement, overriding any expiry under the Mining Act. Clause 23 modifies the Land Act 1933 for sales or leases to the Company by substituting a new subsection 45A(2), deleting the proviso to section 116, deleting sections 135 and 143, and including a power to offer leases or licences on terms consistent with the Agreement. For the Transfer of Land Act 1893, Clause 32(3) provides that certain assignments, mortgages, charges and subleases made under the Agreement do not require any approval or consent other than under the Agreement, and no equitable mortgage is rendered ineffectual by absence of registration under the Mining Act.

The Local Government Act 1960 is affected in several ways. Clause 28 requires that for rating purposes, all lands subject to the Agreement (except permanent residences and commercial improvements not related to coal mining) be valued on unimproved value, and no discriminatory rates are allowed. Clause 29 prohibits the State or any instrumentality from imposing discriminatory taxes, rates or charges on the Company’s property, products, materials or services. Clause 16(5) deems the Company to be a municipality and its private roads to be streets under the care, control and management of the Company for purposes of liability to third parties.

The Public Works Act 1902 is invoked by Clause 30, allowing the State to resume land as a public work and then sell, lease or dispose of it to the Company. The Country Areas Water Supply Act 1947, Forests Act 1918, and Road Traffic Act 1974 are referenced in definitions. Clause 38 preserves the operation of environmental protection requirements under any Act in force , the Agreement does not exempt the Company from complying with such requirements.

Dispute resolution under Clause 42 is conducted in accordance with the Arbitration Act 1895. Clause 41 exempts the Agreement and related instruments from stamp duty for 7 years from the date of the original agreement (5 November 1979), though that exemption has long expired. The Agreement is to be interpreted according to the law of Western Australia (Clause 48). The Government Agreements Act 1979 is preserved: sections 4(3) and 5(3) of the Act state that the variation agreements operate and take effect despite any enactment without limiting or otherwise affecting that Act.

The Collie Coal (Griffin) Agreement Act 1979 (No. 82 of 1979) was originally enacted on 11 December 1979 and commenced on that date. It ratified the original agreement dated 5 November 1979 between the State and The Griffin Coal Mining Company Limited. The Act underwent a formatting standardisation amendment by the Standardisation of Formatting Act 2010 (No. 19 of 2010) which commenced on 11 September 2010, though this did not alter substance.

The first substantive amendment was made by the Collie Coal (Griffin) Agreement Amendment Act 2023 (No. 14 of 2023), which received assent on 26 June 2023. Sections 1 and 2 commenced on assent; the remainder commenced on 27 June 2023. This Act inserted section 4 (ratification of the 2023 variation agreement) and added Schedule 2 containing the 2023 variation agreement itself. It also amended the definition of “Agreement” in section 2 to include the 2023 variation. The 2023 variation agreement (dated 4 May 2023) made several changes to the principal agreement: it inserted a definition of “variation date”, inserted new clause 11A extending all timeframes for activities to 30 June 2024 and requiring additional proposals for financial years ending 30 June 2024 and 30 June 2025 (conditional on extension), amended clause 21 to extend lease terms to 30 June 2024 or 30 June 2025 if the Agreement was extended, and inserted new clause 49 setting a 30 June 2024 expiry date with a mechanism for the Company to request a 12-month extension to 30 June 2025, subject to the Minister’s discretion.

The second substantive amendment was made by the Collie Coal (Griffin) Agreement Amendment Act 2024 (No. 30 of 2024), which received assent on 17 September 2024. Sections 1 and 2 commenced on assent; the remainder commenced on 18 September 2024. This Act inserted section 5 (ratification of the 2024 variation agreement) and added Schedule 3. Section 2 was amended to include the 2024 variation agreement in the definition of “Agreement”. The 2024 variation agreement (dated 30 May 2024) made further changes: it inserted definitions of “Ewington Rail Infrastructure” and “second variation date”, added new subclauses to clause 11A requiring additional proposals for the financial year ending 30 June 2026 and allowing the Minister to approve variations to approved proposals during implementation, inserted new clause 17(8) permitting third-party access to the Ewington Rail Infrastructure with Ministerial consent, amended clause 21(2a) and inserted new clause 21(2b) to extend lease terms to 30 June 2026, and added clause 49(4) acknowledging the Minister’s extension to 30 June 2025 made on 1 May 2024 and deeming a further extension to 30 June 2026 from the second variation date.

The compilation table shows the Act has been reprinted as at 8 November 2002. No other amendments have been made.

The text of the Act and the schedules do not record any specific litigation arising under the Agreement. The Arbitration Act 1895 dispute resolution mechanism exists (Clause 42) and there is at least one known arbitrable event , the Company could have referred the reasonableness of the Minister’s decision on proposals to arbitration under Clause 8(4), but the Act does not state whether any such arbitration occurred. The 2023 variation agreement was executed while the Company was in receivership and liquidation, suggesting prior financial distress but not necessarily litigation. The 2024 variation agreement notes that the Minister extended the Agreement term on 1 May 2024 (clause 49(4)(a)), which implies a consensual process rather than court-ordered extension. No cases are cited in the legislation or its notes. Accordingly, there is no recorded litigation history in the source material itself. The absence of reported decisions does not mean no disputes have arisen , only that the Act and its schedules do not reference any. The arbitration clause and the various provisions for Ministerial decisions may have generated disputes that were resolved privately or not appealed to the courts.

Several provisions in the Agreement contain traps for the unwary, particularly for anyone dealing with the Company or relying on the Agreement’s stability.

Receivers’ limited liability. The 2023 and 2024 variation agreements each contain a detailed subclause (subclause 6 in each) acknowledging that the receivers execute as agents of the Company and are not personally liable except for recklessness, fraud, gross negligence or wilful misconduct. The State releases the receivers personally from any liability under the Agreement. This personal release continues even after the receivers cease to act or if the Agreement is terminated. Anyone contracting with the receivers in connection with the Agreement cannot look to them personally for performance or damages.

Term expiry and automatic termination. Clause 49 (inserted in 2023 and amended in 2024) sets the term of the Agreement to expire on 30 June 2026. If no further extension is granted, all rights under the Agreement cease on that date except as provided in Clause 37. However, Clause 49(4)(b) says the term is “deemed to be extended” to 30 June 2026 from the second variation date , but this is contingent on the provisions of Clauses 36 and 37. There is no guarantee of further extension. A party relying on the Agreement must be aware of the hard expiry date.

No compensation upon termination. Upon cessation or determination (other than for Schedule A leases), all buildings, erections and improvements on land become the absolute property of the State without compensation (Clause 37(2)). The Company only gets an option to have the State purchase its plant at a fair valuation , it does not get to keep or sell it freely. This can result in significant loss of value.

Reservation of 50 per cent for State Energy Commission. Clause 5 reserves half of the extractable coal reserves in the original Schedule A leases (except six specified leases) and all leases granted under Clause 21 for Schedule B applications to satisfy the needs of the State Energy Commission. This is not a mere option: the proportion “shall be reserved” and “shall be made available” under commercial arrangements. The Company cannot freely sell all its coal.

Ministerial consent required for export sales. Under Clause 25(1), the Company may not enter into any agreement for the sale of coal for export without the consent of the Minister. This gives the State a veto over the Company’s export strategy.

No discriminatory rates , protection has limits. Clauses 28 and 29 prohibit discriminatory rates and charges, but the protection does not extend to permanent residences or commercial undertakings not directly related to coal mining. Also, the Company can still elect to have a different valuation method under section 533B of the Local Government Act 1960 (Clause 28 proviso), which may inadvertently trigger higher rates if not carefully managed.

Force majeure does not excuse payment. Clause 34 states that the Agreement is subject to delays and temporary suspension of continuing obligations “other than for payment of moneys due”. So if the Company cannot sell coal due to market conditions (which is listed as a force majeure event), it still must pay royalties and any other moneys due.

Arbitration not available for discretionary decisions. Clause 42(2) excludes from arbitration any case where the State, the Minister, or any other Minister is given a discretionary power, either expressly or impliedly. This means many decisions , such as whether to grant consent under Clause 25, whether to extend time under Clause 35, or whether to determine the Agreement under Clause 36 , are not reviewable by arbitration on the merits, only potentially by judicial review on administrative law grounds.

Strict timelines for proposals. The company must submit additional proposals for the financial year ending 30 June 2026 between 1 April 2025 and 30 April 2025 (Clause 11A(4)). Failure to meet that window, without an extension from the Minister, could lead to a material default under Clause 36.

Lease terms are tied to the Agreement’s term. Clause 21(2a) and (2b) make the term of coal mining leases granted under Clause 21 subject to the sooner determination upon cessation or determination of the Agreement. So even if a lease has years left, the Agreement’s termination cuts it short. For Schedule A leases not covered by Clause 21(4), the same applies.

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)).