Sch Second ScheduleVariation Agreement

Second Schedule — Variation Agreement

[Heading amended: No. 19 of 2010 s. 4.]

AN AGREEMENT made the 15th day of November, One thousand nine hundred and seventy two BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., THE PREMIER AND TREASURER OF THE STATE OF WESTERN AUSTRALIA acting for and on behalf of the said State and its instrumentalities (the State of Western Australia and its instrumentalities being hereinafter referred to as “the State”) of the one part and Texada Mines Pty. Limited a company incorporated under the Companies Act 1961 of the State of Western Australia and having its registered office at 266 Hay Street Subiaco in the State of Western Australia (hereinafter referred to as “the Company”) of the other part.

WHEREAS:

(a) The parties to this Agreement are the parties to the agreement between them as defined in Section 2 of the Evaporites (Lake MacLeod) Agreement Act 1967 (which agreement is hereinafter referred to as “the principal Agreement”)

(b) The parties desire to vary the provisions of the principal Agreement.

NOW THIS AGREEMENT WITNESSETH:

1. In this Agreement, subject to the context words and phrases to which meanings are given under clause 1 of the principal Agreement (other than words and phrases to which meanings are given in this Agreement) shall have the same respective meanings in this Agreement as are given to them in clause 1 of the principal Agreement.

2. (1) The provisions of this Agreement other than clause 3 and clause 4(4) shall not come into operation until the Bill referred to in clause 3 has been passed by the Parliament of Western Australia and comes into operation as an Act.

(2) If the said Bill is not passed this Agreement shall then cease and determine and neither of the parties hereto shall have any claim against the other of them with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.

(3) On the said Bill commencing to operate as an Act all the provisions of this Agreement shall operate and take effect notwithstanding the provisions of any Act or law.

3. The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage an Act prior to the 31st day of December, 1973.

4. The principal Agreement is hereby varied as follows:

(1) by adding after clause 6 a new clause 6A as follows —

**Additional proposals 4**

6A. Should the company at any time during the first ten years next following the commencement date desire to substantially modify expand or otherwise substantially vary its activities to produce products other than those specified in any approved proposals hereunder the Company shall give notice of such desire to the Minister and thereupon or within such time thereafter as the Minister shall fix shall submit to the Minister for approval detailed proposals to the fullest extent reasonably practicable in respect of all matters covered by such notice and such of the other matters mentioned in subclause (1) of clause 5 as the minister may reasonably require. The provisions of clauses 5 and 6 shall mutatis mutandis apply to detailed proposals submitted pursuant to this subclause. ;