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