Collie Coal (Griffin) Agreement Amendment Bill 2026
s. 6
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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
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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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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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