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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
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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
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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
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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
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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
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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
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(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
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"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
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(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
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"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
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(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
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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
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(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