Western Australia bill

Collie Coal (Griffin) Agreement Amendment Bill 2026

WASecond ReadingFull text

Jurisdiction

Western Australia

Making Date

2026-02-25

Collection

bill

Parliamentary Progress

IntroducedFirst ReadingSecond ReadingCommitteePassed HousePassed SenatePassed BothRoyal Assent

Plain English Summary

9/10 complexity

**What this Bill does (mechanics)

Ratifies and embeds a written variation to the 1979 Collie Coal (Griffin) Agreement into Western Australian law. The variation is printed as Schedule 4 to the Act and is brought into effect by the Bill (see inserted section 6 and Schedule 4).
States that the ratified variation operates and is implemented despite any other law (see inserted section 6(3)). It also says particular new provisions inserted into the Agreement operate despite the Environmental Protection Act 1986 and related policies (inserted section 6(4)).

Key changes introduced by the variation agreement (what changes, who it affects and how)

New definitions and scope: the Agreement is expanded to add defined categories called "Additional Mining Tenements", "Additional Land Titles", "Additional Rights and Approvals", and "Company's Freehold Land" so more tenements, land and statutory approvals are treated as if already within the Agreement (see new definitions in Clause 1 of the variation). That means more of the company’s land, permits and approvals are governed by the Agreement.
Extension of term and coal-lease treatment: several existing coal leases and certain additional tenements are explicitly treated as part of the Company’s coal mining leases and, in many cases, their term is deemed to continue to 30 June 2031 unless the Agreement ends sooner (Clause 21(2c)–(2d); Clause 1 substitutions). The variation also expressly deems Additional Mining Tenements and Additional Land Titles to be subject to specified clauses of the Agreement from a trigger called the "third variation date".

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Deep Dive

6,352 words · generated 23/06/2026

What it does

The Bill amends the Collie Coal (Griffin) Agreement Act 1979 to ratify and give statutory effect to a negotiated variation agreement dated 19 February 2026 between the State (represented by the Premier) and Griffin Coal Mining Company Pty Ltd (receivers appointed, in liquidation). Mechanically the Bill does three things.

It inserts a new defined term “2026 variation agreement” into the Act and records that the Principal Agreement (the Collie Coal (Griffin) Agreement 1979) is to be read as varied by that 2026 variation agreement (see the amendments to s 2 in the Bill, and the inserted Schedule 4 which contains the full variation agreement text).
It inserts a new section 6 into the Act that (a) ratifies the 2026 variation agreement, (b) authorises its implementation, and (c) declares that the variation agreement operates and takes effect despite any enactment or other law (s 6(1)-(3)). Section 6(4) then identifies specific provisions of the Agreement (clause 17(9)-(10) and clause 38(2)-(6) as inserted by the variation) that operate and take effect despite the Environmental Protection Act 1986 (EP Act) section 5, any other provision of that Act and any approved policy under that Act; subsection (5) confirms subsection (4) does not limit (3).
It inserts the full text of the 2026 variation agreement as Schedule 4 to the Act (s 6 and Schedule 4). The Schedule contains a range of concrete contractual changes to the Principal Agreement: expanded definitions (Additional Mining Tenements, Additional Land Titles, Additional Rights and Approvals, Company’s Freehold Land, Change in Control, etc.), extensions of certain mining lease terms to 30 June 2031, procedural deadlines for submitting mining proposals, mechanisms for the State to require surrenders of certain rail infrastructure land (Ewington Rail Infrastructure and Coolangatta Rail Corridor) with no consideration and without compliance with some provisions of the CALM Act and EP Act, modification of rehabilitation and decommissioning requirements, specific protections for the receivers executing the agreement, requirements about prior ministerial consent for coal sales and changes in control, and a new clause (50) obliging the Company to facilitate transfer of operations to a State-nominated “New Entity” including transfer of relevant real and personal property subject to compensation.

Source excerpts

Direct links to excerpts of the current source text in Collie Coal (Griffin) Agreement Amendment Bill 2026.

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Document excerpt 1

Collie Coal (Griffin) Agreement Amendment Bill 2026

61—1 page i Western Australia Collie Coal (Griffin) Agreement Amendment Bill 2026 Contents

Short title 2
Commencement 2
Act amended 2
Section 2 amended 2
Section 6 inserted 3
Ratification of 2026 variation agreement 3
Schedule 4 inserted 4 Schedule 4 — 2026 variation agreement

page 1 Western Australia LEGISLATIVE COUNCIL Collie Coal (Griffin) Agreement Amendment Bill 2026 A Bill for An Act to amend the Collie Coal (Griffin) Agreement Act 1979. The Parliament of Western Australia enacts as follows:

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 1 page 2

Short title1 This is the Collie Coal (Griffin) Agreement Amendment2 Act 2026.3
Commencement4 This Act comes into operation as follows —5 (a) sections 1 and 2 — on the day on which this Act6 receives the Royal Assent;7 (b) the rest of the Act — on the day after that day.8
Act amended9 This Act amends the Collie Coal (Griffin) Agreement Act 1979.10
Section 2 amended11 (1) In section 2 insert in alphanumerical order:12 13 2026 variation agreement means the agreement a copy14 of which is set out in Schedule 4;15 16 (2) In section 2 in the definition of Agreement:17 (a) in paragraph (c) delete “agreement.” and insert:18 19 agreement; and20 21 (b) after paragraph (c) insert:22 23 (d) as varied by the 2026 variation agreement.24 25

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 5 page 3 5. Section 6 inserted1 After section 5 insert:2 3 6. Ratification of 2026 variation agreement4 (1) The 2026 variation agreement is ratified.5 (2) The implementation of the 2026 variation agreement is6 authorised.7 (3) Without limiting or otherwise affecting the8 Government Agreements Act 1979, the 2026 variation9 agreement operates and takes effect despite any10 enactment or other law.11 (4) The following provisions of the Agreement operate and12 take effect despite the Environmental Protection13 Act 1986 section 5, any other provision of that Act and14 any approved policy under that Act —15 (a) clause 17(9) and (10), as inserted in the16 Agreement by the 2026 variation agreement;17 (b) clause 38(2) to (6), as inserted in the18 Agreement by the 2026 variation agreement.19 (5) Subsection (4) does not limit subsection (3).20 21

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 4 6. Schedule 4 inserted1 After Schedule 3 insert:2 3 Schedule 4 — 2026 variation agreement4 [s. 2]5 20266 7 8 THE HONOURABLE ROGER COOK9 PREMIER OF THE STATE OF WESTERN AUSTRALIA10 AND11 THE GRIFFIN COAL MINING COMPANY PTY LIMITED12 (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION)13 ACN 008 667 28514 15 16 17 18 19 COLLIE COAL (GRIFFIN) AGREEMENT 197920 RATIFIED VARIATION AGREEMENT21 22 23 24 25 26 27 28 29 [Solicitor’s details]30 31

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 5 THIS AGREEMENT is made this 19 day of February 20261 2 BETWEEN3 4 THE HONOURABLE ROGER COOK, M.L.A., Premier of the State of5 Western Australia, acting for and on behalf of the said State and its6 instrumentalities from time to time ("the State") of the one part7 AND8 THE GRIFFIN COAL MINING COMPANY PTY LIMITED9 ACN 008 667 285 (receivers and managers appointed) (in liquidation) of Level10 1, 7 Rheola Street, West Perth, Western Australia ("the Company") of the other11 part.12 13 RECITALS14 A. The State and the Company are the parties to the agreement dated15 5 November 1979 (which was ratified by and is scheduled to the Collie16 Coal (Griffin) Agreement Act 1979) and which as subsequently varied is17 referred to in this Agreement as the "Principal Agreement".18 B. The parties wish to vary the provisions of the Principal Agreement on19 the terms and conditions set out in this Agreement.20 THE PARTIES AGREE AS FOLLOWS:21

Ratification and operation22 (1) This Agreement, other than this clause, does not come into23 operation except in accordance with subclause (2).24 (2) This Agreement, other than this clause, comes into operation25 on the day on which it is ratified by an Act of the Parliament26 of Western Australia ("Operative Date") unless, before that27 day, it terminates under subclauses (4) or (5).28 (3) The State must introduce in the Parliament of Western29 Australia on or before 19 March 2026 or a later date agreed30 between the parties to this Agreement, a Bill to ratify this31

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 6 Agreement however the State is not obliged to endeavour to1 secure its passage as an Act.2 (4) If by 30 June 2026 this Agreement has not been ratified by an3 Act of the Parliament of Western Australia then, unless the4 parties to this Agreement otherwise agree, this Agreement5 terminates on that day and no party hereto will have any claim6 against any other party hereto with respect to any matter or7 thing arising out of, done, performed, or omitted to be done8 or performed under this Agreement.9 (5) The parties agree that if the Principal Agreement is otherwise10 determined in accordance with its provisions on a day prior to11 the Operative Date, then this Agreement shall also terminate12 on and from that day and no party hereto will have any claim13 against any other party hereto with respect to any matter or14 thing arising out of, done, performed, or omitted to be done15 or performed under this Agreement.16 (6) The State acknowledges and agrees that, notwithstanding any17 other provision of this Agreement or the Principal Agreement:18 (a) Sean Holmes and Grant Sparks ("Receivers")19 execute this Agreement as joint and several20 receivers and managers of the assets of the21 Company for and on behalf of and as agents of the22 Company;23 (b) the Receivers are not liable in their personal24 capacity in any way in connection with this25 Agreement or the Principal Agreement, except to26 the extent any liability is caused or contributed to by27 the recklessness, fraud, gross negligence or wilful28 misconduct of any Receiver;29 (c) to the maximum extent permitted by law, the State30 releases and forever discharges the Receivers31 personally from any liability under this Agreement32 or the Principal Agreement, except to the extent any33 liability is caused or contributed to by the34 recklessness, fraud, gross negligence or wilful35 misconduct of any Receiver; and36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 7 (d) the limitations on the Receivers’ liability under this1 Agreement will continue notwithstanding the2 Receivers ceasing to act as receivers and managers3 of the assets of the Company or this Agreement4 being terminated or amended.5 2. Variations of the Principal Agreement6 The Principal Agreement is varied as follows:7 (1) in clause 1 by:8 (a) inserting in the appropriate alphabetical position the9 following new definitions:10 "Additional Land Titles" means any interests or11 rights in or over land held by the Company as at12 20 February 2026 and used for the purposes of its13 operations under this Agreement (including any14 interest or right referred to in Schedule "E") (each15 as varied from time to time) and includes any16 interest or right issued to the Company from time to17 time in renewal, substitution, conversion or18 replacement for such interests and rights, in whole19 or part, together with any further interests or rights20 in or over land issued to the Company from time to21 time for the purposes of its operations under this22 Agreement (but does not include the Company's23 Coal Mining Leases, Additional Mining24 Tenements, leases, licences and easements granted25 pursuant to subclause (1) of Clause 22 and the26 Company's Freehold Land);27 "Additional Mining Tenements" means the mining28 tenements referred to in Schedule "D" and includes29 any mining tenement issued to the Company from30 time to time in renewal, substitution, conversion or31 replacement for such a mining tenement, in whole32 or part, together with any further mining tenements33 issued to the Company from time to time for the34 purposes of its operations under this Agreement;35

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 8 "Additional Rights and Approvals" means the1 statutory rights and approvals (under the laws of the2 State and the laws of the Commonwealth) referred3 to in Schedule "F" (each as varied from time to time)4 and includes any rights or approvals issued from5 time to time to the Company in renewal,6 substitution or replacement for such rights or7 approvals, in whole or part, together with any8 further statutory rights or approvals issued to the9 Company from time to time for the purposes of its10 operations under this Agreement;11 "approved proposal" means a proposal approved or12 determined under this Agreement;13 "Change in Control" means, in respect of any14 person, a change in the person or persons who,15 directly or indirectly, ultimately Control that person16 other than as a result of any dealing in securities17 listed on a recognised stock exchange. In addition:18 (i) any change in the identity of; or19 (ii) any cessation in the appointment of,20 either the receivers and managers or liquidators of21 the Company from those appointed as at22 20 February 2026 will be deemed to be a Change in23 Control;24 "Company's Freehold Land" means the freehold25 land referred to in Schedule "G" together with any26 other freehold land owned by the Company from27 time to time that is wholly or partially within the28 mining areas (including the areas the subject of the29 Additional Mining Tenements);30 "CALM Act" means the Conservation and Land31 Management Act 1984;32 "Control" has the meaning given in section 50AA33 of the Corporations Act and in addition a person34 controls a second person if:35

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 9 (i) the first person or persons would be taken1 to control the second person but for2 sections 50AA(3) and (4) of the3 Corporations Act); or4 (ii) the first person has voting power (as5 defined in section 610 of the Corporations6 Act) of at least 50% in the second person;7 "Coolangatta Rail Corridor Surrender Land" means8 the portions of the mining tenements held by the9 Company as indicatively described in Schedule "I"10 and as to be more particularly described pursuant to11 subclause (10)(b) of Clause 17;12 "Corporations Act" means the Corporations13 Act 2001 (Cth);14 "EP Act" means the Environmental Protection15 Act 1986;16 "Ewington Rail Infrastructure Surrender Land"17 means the portions of the mining tenements held by18 the Company containing the Ewington Rail19 Infrastructure as indicatively described in Schedule20 "H" and as to be more particularly described21 pursuant to subclause (9)(a) of Clause 17;22 "FP Act" means the Forest Products Act 2000;23 "General Manager" means that term as defined24 under the FP Act;25 "LA Act" means the Land Administration Act 1997;26 "Mining Act 1978" means the Mining Act 1978;27 "State Entity" means an agency, authority, body28 corporate or other entity comprising part of the State29 (including the Public Transport Authority30 established under the Public Transport Authority31 Act 2003);32

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 10 "third variation date" means the date on which1 Clause 2 of the variation agreement made on or2 about 20 February 2026 between the Honourable3 Roger Cook, Premier of the State of Western4 Australia, acting for and on behalf of the said State5 and its instrumentalities from time to time and the6 Company comes into operation;7 (b) deleting the existing definition of "associated8 company";9 (c) deleting the existing definitions of "Company's Coal10 Mining Leases", "Conservator of Forests", "Forests11 Act", "Land Act", "mining areas", "Minister for12 Mines" and "Public Works Act" and inserting in the13 appropriate alphabetical position the following new14 definitions in substitution:15 "Company’s Coal Mining Leases" means such of16 the coal mining leases referred to in Schedule “A”17 hereof together with such of the coal mining leases18 granted to the Company pursuant to Clause 21 as19 the Company holds from time to time during the20 currency of this Agreement, and on and from the21 third variation date this phrase shall also include the22 Additional Mining Tenements on the basis that:23 (i) Clause 11A will apply to future activities24 on the Additional Mining Tenements (and25 for the avoidance of doubt the Company26 will not be required to submit any mining27 proposals, mine closure plans,28 programmes of works or other authorising29 documents under the Mining Act 1978 in30 respect of their activities on the Additional31 Mining Tenements) and any activities32 approved prior to the third variation date33 (whether under the Mining Act, the34 Mining Act 1978 or this Agreement) shall35 be deemed as being the subject of36 approved proposals under this Agreement;37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 11 (ii) the Additional Mining Tenements shall1 continue to be mining authorisations for2 the purposes of the Mining Rehabilitation3 Fund Act 2012;4 (iii) Clauses 21 (to the extent of5 subclauses (5), (8) and (10)), 26, 32, 366 and 37 will apply to the Additional Mining7 Tenements as if the Additional Mining8 Tenements were the Company's Coal9 Mining Leases; and10 (iv) subject to the above paragraphs and as in11 this Agreement otherwise expressly or12 impliedly provided all provisions of the13 Mining Act 1978 and the regulations14 thereunder (to the extent applicable) will15 apply to the Additional Mining16 Tenements (including as to rent and17 renewal) and activities on or under the18 land the subject of such tenements19 (including any requirement to comply20 with tenement conditions);21 "Conservator of Forests" means the person for the22 time being holding or acting in the office of the23 Conservator of Forests under the provisions of the24 Forests Act, the CEO under the CALM Act or the25 General Manager under the FP Act (subject to the26 context);27 "Forests Act" means the Forests Act 1918, the28 CALM Act or the FP Act (subject to the context);29 "Land Act" means the Land Act 1933 or the LA Act30 (subject to the context);31 "mining areas" means the areas over which the32 Company at the date hereof holds coal mining33 leases under the Mining Act referred to in Schedule34 “A” hereof together with the areas in respect of35 which the Company has at the date hereof applied36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 12 for coal mining leases under the Mining Act1 referred to in Schedules “B” and “C” hereof, and on2 and from the third variation date this term shall also3 include the areas the subject of the Additional4 Mining Tenements;5 "Minister for Mines" means the Minister in the6 Government of the State for the time being7 responsible for the administration of the Mining Act8 or the Mining Act 1978 (subject to the context);9 "Public Works Act" means the Public Works10 Act 1902 or the LA Act (as the context requires);11 (2) in clause 2 by:12 (a) renumbering the existing clause as subclause (1),13 deleting the word "and" at the end of paragraph (c)14 of the subclause and inserting the following new15 paragraphs at the end of the subclause before the full16 stop:17 "(e) words in the singular shall include the18 plural and words in the plural shall include19 the singular (subject to the context);20 (f) reference to another document includes21 that document as from time to time added22 to, varied or amended and23 notwithstanding any change in the identity24 of the parties;25 (g) "including" means "including, but not26 limited to"; and27 (h) reference to a "person" or "third party"28 includes a body corporate"; and29 (b) inserting the following new subclause:30 "(2) Nothing in this Agreement shall be31 construed to exempt:32

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 13 (a) the State or the Company from1 compliance with or to require2 the State or the Company to do3 anything contrary to the laws4 relating to native title or any5 lawful obligation or requirement6 imposed on the State or the7 Company as the case may be8 pursuant to any laws relating to9 native title; or10 (b) the Company from compliance11 with the provisions of the12 Aboriginal Heritage Act 1972.";13 (3) in clause 11A by inserting after subclause (4) the following14 new subclauses:15 "Extension of timeframes of approved proposals16 (4a) Subject to Clause 10 and this Clause generally, all17 timeframes (whether express or implied) for any18 activities obliged and authorised to be undertaken19 by the Company pursuant to this Agreement and20 approved proposals hereunder (including measures21 to be taken for the protection and management of22 the environment) on or prior to 30 June 2026 shall23 be deemed extended on and from the third variation24 date to 30 September 2026. For the avoidance of25 doubt, this deemed extension will also apply in26 relation to any activities on land the subject of the27 Additional Mining Tenements that are deemed as28 being the subject of approved proposals under this29 Agreement.30 Additional proposals for period from 1 October 2026 to31 30 June 203132 (4b) The Company shall:33 (a) not later than one month after the third34 variation date (or such extended time as35 the Minister may allow) submit detailed36

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Document excerpt 2

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 14 proposals under and in accordance with1 Clause 10 for the period from2 1 October 2026 to 30 June 2029 for the3 exploration and development of the coal4 resource contained in the Company’s Coal5 Mining Leases and as to such of the6 matters mentioned in paragraphs (a) to (l)7 of subclause (1) of Clause 7 as the8 Minister may require; and9 (b) not earlier than 1 January 2029 and not10 later than 31 March 2029 (or such11 extended time as the Minister may allow)12 submit detailed proposals under and in13 accordance with Clause 10 for the period14 from 1 July 2029 to 30 June 2031 for the15 exploration and development of the coal16 resource contained in the Company’s Coal17 Mining Leases and as to such of the18 matters mentioned in paragraphs (a) to (l)19 of subclause (1) of Clause 7 as the20 Minister may require,21 and in each case such proposals shall be deemed to22 meet the requirement of Clause 10 that the23 proposals evidence a significant variation of the24 Company's activities under this Agreement to a25 greater extent than those specified in any approved26 proposals.";27 (4) in clause 12 by deleting the clause and inserting the following28 new clause in substitution:29 "Access30 12. On reasonable prior notice and subject to31 compliance with reasonable safety requirements32 and directions, the Company will permit and33 facilitate the Minister and any other officer or34 person authorised by them to enter upon any land35 and access any works, services or facilities for the36 purpose of making any survey, inspection or37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 15 examination relating to the administration or1 purposes of this Agreement.";2 (5) in clause 14 by:3 (a) renumbering the existing clause as subclause (1)4 and deleting from that subclause the word "During"5 and substituting the words "Subject to6 subclause (2), during"; and7 (b) inserting the following new subclause:8 "(2) The parties acknowledge that on and from9 the third variation date the Company will10 not be required to furnish any plan11 pursuant to subclause (1) given that the12 Company is required to submit detailed13 proposals for the period from14 1 October 2026 to 30 June 2031 pursuant15 to subclause (4b) of Clause 11A.";16 (6) in clause 17 by:17 (a) deleting subclause (8) and inserting the following18 new subclause in substitution:19 "(8) Subject to subclauses (9) and (10) of this20 Clause and Clauses 36 and 37, the21 Company may, with the prior consent of22 the Minister, enter into an agreement with23 a third party (including a State Entity)24 providing for:25 (a) access to the Ewington Rail26 Infrastructure for the transport27 of goods (including goods other28 than coal); and29 (b) the connection of railway30 infrastructure owned or31 operated by a third party32 (including a State Entity) to33 facilitate such access,34

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 16 and the coal mining leases underlying the Ewington1 Rail Infrastructure shall be deemed to authorise2 such access and connection."; and3 (b) inserting after subclause (8) the following new4 subclauses:5 "Ewington Rail Infrastructure Surrender Land6 (9)(a) Subject to paragraph (b), by notice to the7 Company from the Minister ("ERIL8 Surrender Notice"), the Company shall be9 deemed for all purposes to have in10 accordance with the Agreement, the11 Mining Act and the Mining Act 197812 unconditionally surrendered those13 portions of the mining tenements14 comprising the Ewington Rail15 Infrastructure Surrender Land (as more16 particularly described and delineated in17 the notice) effective on and from the date18 of the notice and the Ewington Rail19 Infrastructure (which for the avoidance of20 doubt does not include the conveyor, haul21 road, water pipeline and loading silo22 within the Ewington Rail Infrastructure23 Surrender Land and any other excluded24 infrastructure specified in the ERIL25 Surrender Notice) shall, for no26 consideration, become the absolute27 property of the State or such State Entity28 as the Minister may nominate in their29 notice from that same date.30 (b) The Minister may only (but is not required31 to) give the ERIL Surrender Notice under32 paragraph (a) after consulting with the33 Company (to the extent the Minister34 considers appropriate) and being satisfied35 that for the purposes of this Agreement the36 Company:37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 17 (i) will retain or be immediately (on1 giving of the notice) granted2 priority rights of use of the3 Ewington Rail Infrastructure on4 reasonable terms and conditions5 (including without the payment6 of costs relating to maintenance7 of, or access to, the Ewington8 Rail Infrastructure (but may9 include payment for transport10 services provided to the11 Company by the State, a12 relevant State Entity or any third13 party operator or manager of the14 Ewington Rail Infrastructure));15 and16 (ii) will retain or be immediately (on17 giving of the notice) granted18 access rights to use and maintain19 any excluded infrastructure20 (including as such infrastructure21 may be agreed to be relocated)22 within the Ewington Rail23 Infrastructure Surrender Land.24 (c) Notwithstanding any law including the25 CALM Act and the EP Act, on and from26 the date of the ERIL Surrender Notice:27 (i) any State forest within the28 Ewington Rail Infrastructure29 Surrender Land shall cease to be30 State forest and will remain or31 become Crown land within the32 meaning of the LA Act and33 sections 9 and 10A the CALM34 Act are disapplied for the35 purposes of this subclause; and36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 18 (ii) the land the subject of the1 surrender of any mining2 tenement (in whole or part)3 pursuant to this subclause shall4 be deemed to be land exempted5 from mining under section 19 of6 the Mining Act 1978.7 (d) The State shall cause a publication to be8 promptly made in the Gazette advising of9 any area of land ceasing to be State forest10 in accordance with paragraph (c) of this11 subclause.12 (e) The State shall cause a notation or other13 endorsement to be promptly made in the14 register maintained under the Mining15 Act 1978 recording the surrender of any16 mining tenement (in whole or part)17 pursuant to this subclause and the18 exemption of such land from mining and19 such endorsement may be made without20 any further formalities, approvals or21 preconditions.22 (f) The Company further agrees to do23 everything reasonably necessary to24 facilitate the surrender of mining25 tenements and transfer of infrastructure26 contemplated by paragraph (a) of this27 subclause, the vesting or change in tenure28 of the land formerly comprising the29 Ewington Rail Infrastructure Surrender30 Land as described and delineated in the31 ERIL Surrender Notice), and/or the grant32 of, or change in, tenure (including by33 virtue of the creation of a reserve and34 management order and/or the grant of a35 lease or easement) by the State in respect36 to that land to, a State Entity and in that37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 19 regard, without limitation, the Company1 agrees:2 (i) any such surrender, transfer,3 vesting, change in tenure and/or4 grant will not be contrary to5 Clause 31 or any other clause of6 this Agreement;7 (ii) to transfer to the State, for no8 consideration and as if the9 transfer was pursuant to an10 agreement under section 168 of11 the LA Act following12 registration of a notice of13 intention to take the land, any14 freehold land it may hold15 underlying the Ewington Rail16 Infrastructure Surrender Land17 required by the State to become18 Crown land for the purpose of19 the vesting, change in tenure20 and/or grant;21 (iii) to facilitate the grant of22 investigative rights and23 authorisations, whether under24 the LA Act or otherwise, in25 relation to the Ewington Rail26 Infrastructure Surrender Land in27 anticipation of any vesting,28 change in tenure and/or grant29 contemplated by this subclause;30 and31 (iv) to facilitate the redesignation of32 the light vehicle road on and in33 vicinity of the Ewington Rail34 Infrastructure Surrender Land as35 a public road under the control36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 20 and management of the Shire of1 Collie.2 (g) For the avoidance of doubt excluded3 infrastructure specified in the ERIL4 Surrender Notice remains subject to this5 Agreement, including subclause (2) of6 Clause 37 and Clause 50.7 Coolangatta Rail Corridor Surrender Land8 (10)(a) The Company acknowledges the State's9 intention to authorise the construction of a10 railway from a proposed industrial estate11 at Coolangatta and connecting to the12 Company's rail loop comprising part of13 the Ewington Rail Infrastructure as a14 public work under the Public Works Act15 and to sponsor a special Act in that regard.16 (b) In furtherance of the State's intention17 described in paragraph (a), the parties18 acknowledge and agree that:19 (i) subject to subparagraph (ii), by20 notice to the Company from the21 Minister ("CRC Surrender22 Notice"), the Company shall be23 deemed for all purposes in24 accordance with this25 Agreement, the Mining Act and26 the Mining Act 1978 to have27 unconditionally surrendered28 those portions of the mining29 tenements comprising the30 Coolangatta Rail Corridor31 Surrender Land (as more32 particularly described and33 delineated in the notice)34 effective on and from the date of35 the notice and any infrastructure36 (which for the avoidance of37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 21 doubt does not include the1 conveyor, haul road or water2 pipeline within that land and any3 other excluded infrastructure4 specified in the CRC Surrender5 Notice) shall, for no6 consideration, become the7 absolute property of the State or8 such State Entity as the Minister9 may nominate in their notice10 from that same date;11 (ii) the Minister may only (but is not12 required to) give the CRC13 Surrender Notice under14 subparagraph (i) after the15 enactment of the special Act16 referred to in paragraph (a),17 consulting with the Company (to18 the extent the Minister considers19 appropriate) and being satisfied20 that for the purposes of this21 Agreement the Company:22 (A) will retain or be23 immediately (on24 giving of the notice)25 granted priority rights26 of use of any27 necessary transferred28 infrastructure on29 reasonable terms and30 conditions; and31 (B) will retain or be32 immediately (on33 giving of the notice)34 granted access rights35 to use and maintain36 any excluded37 infrastructure38

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 22 (including as such1 infrastructure may be2 agreed to be relocated)3 within the Coolangatta4 Rail Corridor5 Surrender Land;6 (iii) paragraphs (c) to (g) of7 subclause (9) of this Clause8 shall apply mutatis mutandis to9 this paragraph as if references to10 the Ewington Rail Infrastructure11 Surrender Land were to the12 Coolangatta Rail Corridor13 Surrender Land, and references14 to the ERIL Surrender Notice15 were to the CRC Surrender16 Notice.";17 (7) in clause 21 by:18 (a) deleting in subclause (2a) the words19 "subclause (2b)" and substituting the words20 "subclauses (2b) and (2c)";21 (b) inserting after subclause (2b) the following new22 subclauses:23 "(2c) The term of each coal mining lease,24 granted to the Company pursuant to25 subclause (1) of this Clause and subsisting26 immediately prior to the third variation27 date, is deemed to continue until28 30 June 2031 subject to the sooner29 determination of such term upon the30 cessation or determination of this31 Agreement.";32 Extended term of particular coal mining leases33 comprising Additional Mining Tenements34 (2d) The terms of coal mining leases 12/774,35 775, 844 and 845, held by the Company36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 23 and subsisting immediately prior to the1 third variation date, are deemed to2 continue until 30 June 2031 subject to the3 sooner determination of such terms upon4 the cessation or determination of this5 Agreement.";6 (c) deleting in paragraph (a) of subclause (7) the words7 "or an associated company"; and8 (d) inserting in subclause (10) after the words9 "provided that" the words ", unless the Minister for10 Mines otherwise allows,";11 (8) in clause 22 by renumbering the existing clause as12 subclause (1) and inserting the following new subclause:13 "(2) On and from the third variation date the Additional14 Land Titles shall be deemed to be interests and15 rights granted pursuant to subclause (1) of this16 Clause on the basis that:17 (a) Clause 11A will apply to future activities18 on the Additional Land Titles and any19 activities approved or authorised prior to20 the third variation date (whether under the21 Land Act or this Agreement) shall be22 deemed as being the subject of approved23 proposals under this Agreement;24 (b) Clauses 32, 36 and 37 will apply to the25 Additional Land Titles as if the Additional26 Land Titles were granted pursuant to27 subclause (1) of this Clause; and28 (c) subject to the above paragraphs and as in29 this Agreement otherwise expressly or30 impliedly provided all provisions of the31 Land Act (to the extent applicable) will32 apply to the Additional Land Titles33 (including as to rent and renewal) and34 activities on or under the land the subject35 of such interests and rights (including any36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 24 requirement to comply with terms and1 conditions of the interests and rights).";2 (9) in clause 25 by:3 (a) deleting subclause (1) and inserting the following4 new subclause in substitution:5 "(1) The Company shall not, without the prior6 consent of the Minister, enter into, or vary,7 any agreement for the sale of coal8 including for export from the State."; and9 (b) deleting subclause (3);10 (10) in clause 26 by inserting the following new subclause after11 subclause (3):12 "Application of Part 8A of the Taxation13 Administration Act 200314 (4) The administration of this Clause is to be15 read subject to Part 8A of the Taxation16 Administration Act 2003.";17 (11) in clause 32 by:18 (a) deleting in paragraph (a) of subclause (1) the words19 "to an associated company as of right and to any20 other company or person" and substituting the21 words "to any person";22 (b) deleting in paragraph (b) of subclause (1) the words23 "as of right an associated company" and the words24 "other company or";25 (c) inserting the following new subclauses after26 subclause (1):27 "(1a) A Change in Control of the Company is28 deemed, for the purposes of this Clause, to29 be an assignment requiring the prior30 consent of the Minister and the Company31 shall not permit or facilitate the Change in32

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 25 Control without the prior consent of the1 Minister.2 (1b) A breach by the Company of its3 obligations under subclause (1) of this4 Clause (including any Change in Control5 without the prior consent of the Minister6 as required under subclause (1) by virtue7 of subclause (1a)) shall, without prejudice8 to any other remedy or right of the State9 (including to damages), be deemed a10 material default of the Company for the11 purposes of subclause (1) of Clause 3612 and the State may, at its election, give13 notice to the Company:14 (a) to remedy, or procure the15 remedy of, the default; or16 (b) immediately determining this17 Agreement.";18 (d) inserting in subclause (2) after the words "under19 subclause (1) of this Clause" the words "(including20 any deemed assignment under subclause (1) by21 virtue of subclause (1a))"; and22 (e) inserting in subclause (3):23 (i) after the first reference to the words24 "Mining Act", the words ", Mining25 Act 1978"; and26 (ii) after the second reference to the words27 "Mining Act", the words "or the Mining28 Act 1978";29 (12) in clause 35 by deleting the clause and inserting the following30 new clause in substitution:31 "Power to vary periods or dates32 35. Notwithstanding any provision of this Agreement33 the Minister may at the request of the Company34

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 26 from time to time vary or further vary any period or1 date referred to in this Agreement as the Minister2 thinks fit whether or not the period or the date to be3 varied has passed.";4 (13) in clause 37 by:5 (a) in paragraph (a) of subclause (1) deleting the words6 "coal mining lease granted to the Company pursuant7 to subclause (1) of Clause 21 or" and inserting the8 term "Company's Coal Mining Lease" in9 substitution;10 (b) deleting subclause (2) and inserting the following11 new subclause in substitution:12 "(2) Subject to the provisions of subclause (3)13 of this Clause upon the cessation or14 determination of this Agreement all15 buildings erections and other16 improvements erected on any land the17 subject of the Company's Coal Mining18 Leases or any other lease, licence,19 easement, right or grant made hereunder20 for the purpose hereof shall, unless the21 Minister gives prior notice to the22 Company requiring the Company to, at23 the Company's cost, remove the relevant24 improvement and rehabilitate the relevant25 land, become and remain the absolute26 property of the State without the payment27 of any compensation or consideration to28 the Company or any other party and freed29 and discharged from all mortgages and30 other encumbrances and the Company31 shall do and execute all such deeds32 documents and other acts matters and33 things (including surrenders) as the State34 may reasonably require to give effect to35 the provisions of this subclause.";36

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Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 27 (c) deleting subclause (3) and inserting the following1 new subclause in substitution:2 "(3) In the event of the Company immediately3 prior to the cessation or determination of4 this Agreement or subsequently thereto5 desiring to remove any of its fixed or6 movable plant and equipment from any7 part of the land occupied by it at the date8 of such cessation or determination the9 Company shall:10 (a) give to the State notice of such11 desire and thereby shall grant to12 the State the right or option13 exercisable within 3 months14 thereafter to purchase in situ the15 said fixed or movable plant and16 equipment or any part thereof at17 a fair valuation to be agreed18 between the parties or failing19 agreement determined by20 arbitration hereunder; and21 (b) permit and facilitate the State22 immediately accessing and23 using the said fixed or moveable24 plant and equipment on25 reasonable terms and conditions26 pending the giving of notice by27 the Company and the28 consideration and exercise of29 the right or option by the State30 under paragraph (a)."; and31 (d) inserting after subclause (4) the following new32 subclause:33 "(5) For the avoidance of doubt, and without34 limiting section 114C of the Mining35 Act 1978, on and following the cessation36 or determination of this Agreement and37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 28 notwithstanding subclause (1) of this1 Clause and subject to subclauses (2) and2 (3) of this Clause, the Company may (with3 appropriate access protocols with relevant4 third party land and interest holders where5 necessary) enter and re-enter the mining6 areas with such agents, employees,7 vehicles, machinery and equipment as8 may be necessary for the purpose of9 discharging and satisfying any10 outstanding decommissioning and11 rehabilitation obligations or liabilities12 under this Agreement or the laws of the13 State.";14 (14) in clause 38 by:15 (a) renumbering clause 38 as subclause (1) and deleting16 from that subclause the word "Nothing" and17 substituting the words "Subject to this Clause,18 nothing"; and19 (b) inserting the following new subclauses after20 subclause (1):21 "(2) Notwithstanding any law including the22 CALM Act and the EP Act, the Minister23 (acting with the concurrence of the24 Minister for the Environment and the25 Minister for Mines) may, whether at the26 request of the Company or acting on their27 own initiative, from time to time28 determine that certain land, within or29 contiguous and immediately proximate to30 the mining areas, shall cease to be State31 forest and will remain or become Crown32 land within the meaning of the LA Act.33 (3) The Ministers, in considering under34 subclause (2) whether certain land should35 cease to be State forest, may:36

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 29 (a) have regard to the financial and1 technical capacity for the land to2 be rehabilitated to local species3 and the commercial, social and4 environmental implications of5 any proposed alternate end land6 use if the land remained or7 became Crown land within the8 meaning of the LA Act and9 available for such alternate use;10 and11 (b) consult with such persons as12 they consider appropriate in13 their absolute discretion.14 (4) Section 9 and subsections (1), (2), (3), (5)15 and (6) of section 10A of the CALM Act16 are disapplied for the purposes of this17 Clause and any determination by the18 Ministers under subclause (2) shall19 operate for the purposes of section 10A(4)20 of the CALM Act as a proposal that may21 be implemented by order of the Governor22 published in the Gazette and in23 accordance with section 10A(7) on such24 publication of the order declaring that the25 land ceases to be State forest, the land26 shall remain or become Crown land within27 the meaning of the LA Act.28 (5) Notwithstanding any law of the State29 relating to the environment (including the30 EP Act), the Minister (acting with the31 concurrence of the Minister for the32 Environment and the Minister for Mines)33 may, in consequence of a determination34 made by them under subclause (2) of this35 Clause and taking into account any36 proposed alternate end land use for the37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 30 relevant land, make a further1 determination modifying the terms of:2 (a) any requirement referred to in3 subclause (1) of this Clause4 relating to rehabilitation or5 otherwise relevant to any6 proposed alternate land use,7 including any condition or8 commitment under Ministerial9 Statement 380; and10 (b) any commitment of the11 Company under approved12 proposals relating to13 rehabilitation or otherwise14 relevant to any proposed15 alternate land use,16 and such modifications shall operate for17 all purposes, and be notified or published,18 as if they had been made in accordance19 with the relevant law of the State or this20 Agreement (as the case requires).21 (6) Notwithstanding any law of the State22 relating to the environment (including the23 EP Act), the State may agree to release the24 Company from its obligations and25 liabilities relating to decommissioning26 and rehabilitation under this Agreement,27 the EP Act or any other law of the State,28 in whole or in part, on such terms and29 conditions as it considers appropriate.";30 (15) by deleting clause 41;31 (16) in clause 42 by:32 (a) deleting in subclause (1) the words "their umpire"33 and inserting the words "a third and presiding34 arbitrator" in substitution;35

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 31 (b) deleting in subclause (1) the words "Arbitration1 Act 1895" and inserting the words "Commercial2 Arbitration Act 2012" in substitution; and3 (c) deleting in subclause (3) the words "or umpire (as4 the case may be)";5 (17) in clause 43 by:6 (a) renumbering clause 43 as subclause (1); and7 (b) inserting after subclause (1) the following new8 subclause:9 "(2) Subclause (1) of this Clause does not10 preclude the parties providing notices,11 consents or other writings required by this12 Agreement by electronic means in13 accordance with a protocol agreed from14 time to time by the parties.";15 (18) in clause 44 by deleting the clause and inserting the following16 in substitution:17 "Consultation18 44. The Company shall during the currency of this19 Agreement (and not less frequently than every20 3 months) consult with and keep the State fully21 informed on a confidential basis concerning any22 action that the Company is considering taking,23 including with any third party (including the24 Commonwealth or any Commonwealth constituted25 agency authority instrumentality or other body),26 which might significantly affect the interests of the27 State, including the State's energy security,28 financial, industrial and environmental interests.";29 (19) in clause 45 by inserting the following words at the end of the30 clause before the full stop:31 "provided that the Company shall give prior notice to the State32 of any proposed material new or varied subcontracting33 arrangement";34

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 32 (20) in clause 48 by inserting the following words at the end of the1 clause before the full stop:2 "and except for matters to be referred to arbitration pursuant3 to this Agreement the parties submit to the exclusive4 jurisdiction of the courts of Western Australia in relation to5 any action or proceeding to settle any dispute or question6 arising out of or in connection with this Agreement";7 (21) in clause 49 by inserting after subclause (4) the following new8 subclauses:9 "(5) Subject to the provisions of subclause (6) and10 Clauses 36 and 37, the parties agree that on and11 from the third variation date the term of this12 Agreement is deemed to be extended for a further13 period of 5 years expiring on 30 June 2031.14 (6) The parties may at any time on such terms and15 conditions mutually agreed determine this16 Agreement provided that no matter in connection17 with a failure of the parties to agree under this18 subclause (6) shall be referable to arbitration19 hereunder and subclauses (2) and (3) of Clause 3320 shall apply as if such an agreement is an agreement21 varying the provisions of this Agreement in22 accordance with subclause (1) of that Clause.";23 (22) by inserting the following new clause after clause 49:24 "Preparatory obligations for potential transfer of the25 Company's mining operations26 50.(1) The State intends to give consideration, whether27 during the currency of this Agreement or in28 anticipation of its expiry or determination, to29 establishing or nominating a third party (including30 a State Entity) ("the New Entity" ) to own, operate,31 undertake or otherwise manage all or any part of the32 Company's mining and/or decommissioning and33 rehabilitation operations contemplated by this34 Agreement to better support and manage mining,35

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 33 rehabilitation and orderly transition outcomes in the1 Collie basin.2 (2) Without limiting subclause (1) of Clause 32 or3 subclause (6) of Clause 49 and acknowledging the4 State's contemplated course described in5 subclause (1), the Company agrees to facilitate the6 continuity of operations (then being undertaken by7 the Company) by the New Entity, including by the8 Company:9 (a) if and when, and to the extent requested by10 the Minister after agreeing compensation11 with the Company, transferring (or where12 appropriate surrendering to facilitate13 transfer of operations to the New Entity)14 its rights under this Agreement, the15 Company's Coal Mining Leases16 (including the Additional Mining17 Tenements), the leases, licences and18 easements granted pursuant to Clause 22,19 the Additional Land Titles, the Additional20 Rights and Approvals, the Company's21 Freehold Land and any other relevant real22 or personal property (including plant and23 equipment, contractual rights (including24 to the use of plant and equipment),25 intellectual property and other26 information) of the Company (in each27 case discharged from all encumbrances28 unless the Minister otherwise allows);29 (b) not taking any steps, without the prior30 consent of the Minister, that may31 materially compromise the intended32 transfer of operations to the New Entity on33 a continuous and orderly basis (including34 the transfer or other disposal of any real or35 personal property of the Company36 referred to in paragraph (a));37

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 34 (c) providing reasonable assistance to procure1 the transfer by third parties of their plant2 and equipment (including their3 contractual rights to use plant and4 equipment) relevant to the orderly5 continuity of operations by the New6 Entity; and7 (d) if requested by the Minister, negotiating8 contractual arrangements with the New9 Entity (or the State pending the10 establishment or nomination of the New11 Entity) to provide mining and/or12 rehabilitation services.13 (3) The Company agrees to do all things reasonably14 necessary or conducive to fulfilling its obligations15 under subclause (2) of this Clause (including16 negotiating in good faith fair compensation having17 regard to all relevant circumstances (including any18 release under subclause (6) of Clause 38), making19 necessary applications for approvals and taking20 reasonable steps to procure any necessary or21 conducive assistance of relevant third parties) and22 any dispute or difference between the parties23 relating to the determination of compensation or the24 terms of the contractual arrangements referred to in25 paragraph (d) of subclause (2) of this Clause is not26 referable to arbitration hereunder.27 (4) The parties acknowledge that this Clause and28 Clause 31 do not limit any rights or powers of the29 State to compulsorily acquire at any time any real or30 personal property referred to in paragraph (a) of31 subclause (2) of this Clause in furtherance of the32 State's contemplated course described in33 subclause (1) of this Clause."; and34

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 35 (23) by inserting the following new schedules after Schedule "C":1 2 SCHEDULE “D”3 Additional Mining Tenements4 Coal mining leases 12/774, 775, 844 and 8455 Mining leases 12/33 – 39, 44 and 716 General purpose leases 12/1 – 4 and 77 Exploration licence 12/18 Prospecting licences 12/20, 25 and 269 Any mining tenement grant pursuant to the application for:10 • mining leases 12/6, 31, 32, 67 and 7011 • general purpose lease 12/512 • miscellaneous licence 12/213 14 SCHEDULE “E”15 Additional Land Titles16 Easement N83088017 18 SCHEDULE “F”19 Additional Rights and Approvals20 EPBC Approval 2001/376 (Environment Protection and Biodiversity21 Conservation Act 1999 (Cth))22 Ministerial Statement 380 (Part IV EP Act)23 Environmental Licence No. 6363/1995/14 (Part V EP Act)24

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 36 Licence to Take Water No. 168071(2) (Section 5C Rights in Water and1 Irrigation Act 1914)2 Licence to Construct or Alter Well No. CAW210898(1) (Section 26D3 Rights in Water and Irrigation Act 1914)4 Vegetation Clearing Permits No. 5897/1 and 6946/1 (EP Act)5 Indigenous Vegetation Clearing Licences No. LPW1136 and6 LPW1149 (Country Areas Water Supply Act 1947)7 Dangerous Goods Licence No. DGS016475 (Dangerous Goods Safety8 Act 2004)9 Mining Proposals in respect of mining lease 12/34 (dated10 3 December 2010), mining lease 12/35 (dated 3 December 2010),11 mining lease 12/71 (RegID122184), coal mining lease 12/844 (dated12 24 August 2007) and coal mining lease 12/846 (RegID92138) (Mining13 Act 1978)14 15 SCHEDULE “G”16 Company's Freehold Land17 Lots 4409 and 4110 on Deposited Plan 156809 and being the whole of18 the land in Certificate of Title Volume 225 Folio 67A19 Lot 1394 on Deposited Plan 109004 and being the whole of the land in20 Certificate of Title Volume 991 Folio 421 Lots 4343 and 4363 on Deposited Plan 156425 and being the whole of22 the land in Certificate of Title Volume 1070 Folio 57623 Lot 1382 on Deposited Plan 109002 and being the whole of the land in24 Certificate of Title Volume 1118 Folio 6325 Lot 1856 on Deposited Plan 120500 and being the whole of the land in26 Certificate of Title Volume 1188 Folio 96927 Lot 1 on Plan 6954 and being the whole of the land in Certificate of28 Title Volume 1253 Folio 93029

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 37 Lot 5 on Diagram 27380 and being the whole of the land in Certificate1 of Title Volume 1255 Folio 6412 Lot 2 on Plan 6954 and being the whole of the land in Certificate of3 Title Volume 1280 Folio 4464 Lot 1383 on Deposited Plan 109003 and being the whole of the land in5 Certificate of Title Volume 1285 Folio 5696 Lot 4955 on Deposited Plan 170185 and being the whole of the land in7 Certificate of Title Volume 1318 Folio 1738 Lot 2786 on Deposited Plan 139131 and being the whole of the land in9 Certificate of Title Volume 1619 Folio 26510 Lot 1751 on Deposited Plan 90096 and being the whole of the land in11 Certificate of Title Volume 1624 Folio 60912 Lot 1852 on Deposited Plan 120498 and being the whole of the land in13 Certificate of Title Volume 1629 Folio 34914 Lot 1 on Deposited Plan 74040 and being the whole of the land in15 Certificate of Title Volume 2870 Folio 9616 Lot 1750 on Deposited Plan 115841 and being the whole of the land in17 Certificate of Title Volume 796 Folio 19318 Lot 4494 on Deposited Plan 157656 and being the whole of the land in19 Certificate of Title Volume 1259 Folio 30620 Lot 1736 on Deposited Plan 115844 and being the whole of the land in21 Certificate of Title Volume 1541 Folio 76522 Lot 1676 on Deposited Plan 115838 and being the whole of the land in23 Certificate of Title Volume 1958 Folio 52224 25

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 38 SCHEDULE “H”1 Ewington Rail Infrastructure Surrender Land2

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 39 SCHEDULE “I”1 Coolangatta Rail Corridor Surrender Land2 3 4

Collie Coal (Griffin) Agreement Amendment Bill 2026 s. 6 page 40 EXECUTED as a deed.1 2 3 SIGNED by THE HONOURABLE ROGER COOK in the presence of: [Signature]

Signature of witness SHARON KAYE ROBINS Name of witness (block letters) ) ) ) [Signature] 4 EXECUTED for and on behalf of THE GRIFFIN COAL MINING COMPANY PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) by its joint and several receiver and manager in the presence of: [Signature]

Signature of witness CLAIRE COGHILL Name of witness (block letters) ) ) ) ) ) ) ) ) ) ) ) ) ) ) [Signature]

Signature of receiver and manager SEAN HOLMES Name of receiver and manager (block letters) 5

Source text: opening excerpt

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.