What it does
This Act gives statutory force to a private sector development contract between the State of Western Australia and Dampier Salt Limited by approving and ratifying the agreement printed in the First Schedule and the variation agreement printed in the Second Schedule, and by declaring that those instruments shall “take effect, as though their provisions had been expressly enacted in this Act” (s 3(2); s 3A(2)). The immediate mechanical results are therefore: (a) the Agreement and the variation agreement are statutory instruments; (b) their terms operate as law despite contrary provisions in other Acts unless the Agreement itself modifies or disapplies them; and (c) the Governor is given specific regulation‑making powers to make by‑laws under clause 7 of the Agreement, with the mechanics for publication, parliamentary laying and a capped penalty (s 4).
Concretely, the Agreement (First Schedule) is a detailed long‑term lease and concessions package establishing rights and obligations for the creation, operation and export of a solar salt industry at Dampier. Its operative mechanisms include State obligations to grant leases and licences (production site lease, stockpile and jetty leases, machinery and tailings leases), State covenants limiting certain State actions (for example, non‑imposition of discriminatory taxes, road‑upgrading at Company cost where requested), Company obligations to construct and operate a specified capacity plant (cl. 9), a tiered royalty regime tied to shipments (cl. 10), and a collection of operational rights (sea water extraction, ingress and egress, transport rights, jetties and conveyor/rail routes) (see cll. 3, 4, 6, 10, 15, 16). The variation agreement (Second Schedule, incorporated by s 3A) increases the plan area and inserts two procedural changes: a duty to promptly notify the other party of force majeure events (amendment to cl. 27), and an explicit environmental‑protection clause that disavows any exemption from environmental requirements imposed by State agencies (new cl. 30A).