Industrial Lands (CSBP & Farmers Ltd.) Agreement Act 1976

The Agreement is framed as a transactional instrument combining land sale, infrastructure re‑routing and cost apportionment, and statutory facilitation. Core legal and commercial concepts it uses are:

• Ratification and statutoryisation: the private contract is made state‑backed by being ratified (Act s 3; Schedule cl.2). The Agreement’s own cl.3 conditions its operation on the Ratifying Act commencing operation, and provided for cessation if not enacted by a calendar date (Schedule cl.3(1)‑(2)).

• Defined real property parcels and survey‑based adjustment: the Agreement defines multiple “Areas” by reference to plans and titles (Schedule cl.1 definitions). Purchase prices are calculated on per‑hectare basis and adjusted once accurate surveys are completed (Schedule cl.4(3)‑(4); cl.8(2)). Title consolidation and new certificate of title are required (Schedule cl.5(4)).

• Cost allocation for public infrastructure deviations: CSBP is required to pay for construction or replacement costs of a deviation railway, deviation road and altered utilities, but the liability is explicitly capped to the cost of replacement to “equivalent standards and specifications” (Schedule cl.7(1)(a)‑(e)). Specific estimated sums are provided for budgeting purposes (Schedule cl.7).

• Statutory procedural exceptions: the State may resume land under the Public Works Act and nonetheless sell or lease to CSBP while certain subsections of s 17 and s 17A of the Public Works Act are declared not to apply to the resumption or disposal for this purpose (Schedule cl.6). Further, statutory authorities are empowered by the Ratifying Act and Agreement to transfer land at the Minister’s direction without being subject to the usual statutory conditions (Schedule cl.8(7)).

• Conditionality, remedies, and termination: the Agreement sets out events of default (material breach not remedied, abandonment, liquidation) and gives the State a right to terminate by notice (Schedule cl.10). On termination, rights cease but accrued liabilities survive (Schedule cl.11).

• Administrative controls and parliamentary oversight: the parties may vary the Agreement in writing, but any such variation must be laid before Parliament and is subject to disallowance within 12 sitting days (Schedule cl.12(1)‑(3)). The Minister has express power to extend time periods at CSBP’s request (Schedule cl.13).

• Dispute resolution and limitations on arbitration: most disputes are referred to arbitration under the Arbitration Act 1895, but the clause excludes cases where the State or Minister is given an express or implied discretionary power (Schedule cl.16).

• Environmental and planning obligations: the Agreement explicitly states it does not exempt CSBP from complying with environmental protection requirements imposed by the State or statutory bodies under other Acts (Schedule cl.14). It also provides for submission to and deemed approval by the Town Planning Board for the specified plans (Schedule cl.5(1)‑(2)), with CSBP responsible for complying with conditions of that approval at its cost (Schedule cl.5(3)).

These concepts structure who pays and who decides. CSBP bears most monetary obligations for land and works; the State retains control through ministerial directions, statutory facilitation (resumptions, transfers), and the right to terminate for default. Costs are front‑loaded at ratification (most payments are “forthwith” on the ratifying Act), and the Agreement creates both statutory obligations and contractual remedies enforceable against CSBP.

Primary parties named in the instrument are the State of Western Australia and CSBP & Farmers Ltd (Schedule heading and recital). The Agreement also directly involves, or allocates costs to, a number of public and private third parties and institutions:

• CSBP & Farmers Ltd: purchaser of the additional land and payer of the various construction and replacement costs; transferor of Area M to the State (Schedule cl.4(1)‑(3), cl.7).

• The State of Western Australia: seller of the specified parcels, responsible for commencing and completing works subject to certain timetables and conditions (Schedule cl.8). The instrument expressly empowers the Minister to act and to give directions and notices (Schedule cl.1; cl.17).

• Statutory authorities: the Agreement references and requires actions by specific statutory bodies:

  • The Commissioner for Main Roads (the Commissioner) in relation to the deviation road works (Schedule cl.1 definitions; cl.7(1)(b));
  • The Western Australian Government Railways Commission (the Commission) for the deviation railway (Schedule cl.1 definitions; cl.7(1)(a));
  • The Metropolitan Water Supply Sewerage and Drainage Board for water mains (Schedule cl.7(1)(c));
  • The State Energy Commission (S.E.C.) for power lines (Schedule cl.7(1)(d));
  • The Australian Telecommunications Commission for telecommunications deviation (Schedule cl.7(1)(e));
  • The Fremantle Port Authority for alteration/replacement of jetty‑serving facilities (Schedule cl.7(1)(g));
  • The Town Planning Board in relation to subdivision and planning approval (Schedule cl.5).

• Western Mining Corporation Limited (W.M.C.): expressly referenced because the works may affect WMC’s nickel refinery and CSBP must pay for necessary alterations or replacements to WMC facilities consequential on the sale and works (Schedule cl.7(1)(f)).

• Kwinana Shire Council: indirect participant in funding - the Agreement contemplates $31,000 of the deviation road cost to be provided from the Metropolitan Councils Urban Road Fund by the Kwinana Shire Council (Schedule cl.7(1)(b)).

• Owners or parties with interests in Area K: the State undertakes to acquire (including compulsorily) outstanding interests in Area K (Schedule cl.8(1)(c)), and CSBP’s purchase price for Area K is the actual cost to the State of acquisition including fees and expenses (Schedule cl.4(3)(c)). Those owners are affected because their interests may be compulsorily acquired for the purposes of the Agreement.

• Public users of streets: certain streets dedicated to public use (Areas D, G and a portion of Beach Street) are to be closed and revested in the Crown and freed from rights of passage from the day before CSBP is entitled to possession (Schedule cl.8(5)) , this affects the public’s rights and the local road network.

• Land titles/public registration authorities: the Registrar of Titles is required to issue a new certificate of title for the consolidated land upon payment by CSBP (Schedule cl.5(4)).

Indirectly, any contractors engaged to carry out the works, rate collectors (CSBP must pay rates and taxes from possession day), and bodies administering environmental and planning controls will be stakeholders because obligations and compliance costs intersect with them (Schedule cl.8(4); cl.14).

Who pays and who decides: CSBP pays purchase sums and the costs of specified works and relocations (cl.4; cl.7) and must comply with planning and environmental conditions (cl.5(3); cl.14). The State decides on acquisition processes, direction to statutory authorities to transfer, and may require advances by ministerial request (cl.4(5); cl.8(7); cl.7(4)). The Minister holds several discretions (extension of time, directions, laying variations before Parliament) which affect implementation (cl.13; cl.12).

The Agreement allocates duties and rights by contract and statutoryised directions. Below are the principal operative obligations, entitlements and limits, with clause references.

State’s key duties and rights

• Introduce and sponsor a ratifying Bill and secure passage prior to 30 June 1976 (Schedule cl.2). The Agreement’s operation is conditional on the Bill becoming an Act (cl.3(1)). The parliamentary timetable affects whether the Agreement takes effect (cl.3(2)).
• Sell to CSBP specified additional land (Areas B, C, D, E, F, G, H and specified parts of J and K) subject to existing exceptions, reservations and encumbrances, and to transfer or grant a Crown Grant once payments are made (cl.4(1); cl.8(6)).
• Cause the works identified in cl.7 to be commenced and completed with “all possible expedition”, but with the timetable for deviating chemical pipelines or other WMC‑serving facilities agreed between WMC and CSBP (cl.8(1)(a)). The State must also cause a binding survey to be made at CSBP’s cost (cl.8(1)(b)) and acquire outstanding interests in Area K (cl.8(1)(c)).
• Transfer land via statutory authorities at the Minister’s direction, overriding statutory conditions that might otherwise apply to those authorities, where the Ratifying Act and Agreement authorise (cl.8(7)). The Industrial Development (Resumption of Land) Act and Industrial Lands Development Authority Act are treated as complied with on transfer (cl.8(7)).

CSBP’s key duties and rights

• Purchase and pay for the specified areas: specified sums are due “forthwith upon the ratifying Act coming into operation” (cl.4(3)(a)‑(e)); e.g. $744,423 for Areas B-H (cl.4(3)(a)), plus $77,900 for Area J (cl.4(3)(b)). CSBP also must transfer Area M to the State and may re‑receive parts not in Area O following subdivision (cl.4(2)).
• Pay for deviation works and consequential alterations in accordance with plans and specifications determined by the relevant public authorities, with liability limited to constructs of equivalent standards (cl.7(1)(a)‑(g)). Estimated sums are provided (e.g., railway $360,000 estimated; road $154,650 estimated payable by CSBP; water mains $151,000 estimated) and payment timing is within 28 days of written request (cl.7(3)).
• Make advances at the Minister’s written request within 14 days when required for acquisition costs of Area K or on account of other payments (cl.4(5); cl.7(4)). For advances relating to Area K, the aggregate advances cannot exceed the Property and Valuation Officer’s estimate (cl.4(5)).
• Arrange relocation of telecommunication cables (cl.7(2)). Failure to arrange relocation will not vitiate the Agreement nor give rise to a claim against the State (cl.7(2)).
• Comply at its own expense with conditions imposed by the Town Planning Board under the Agreement (cl.5(3)). CSBP is also responsible for rates, taxes and outgoings from the day it is entitled to possession (cl.8(4)).

Shared, procedural and limiting provisions

• Surveys will bind parties for boundaries and adjustments of purchase price where surveyed area differs from stated area (cl.8(2); cl.4(4)).
• Default by CSBP in material covenants, or liquidation, may lead to termination by the State; on termination CSBP must pay all moneys due and accrued liabilities are preserved (cl.10; cl.11).
• Variations to the Agreement are possible by written agreement, but must be laid before Parliament and are subject to disallowance within prescribed sitting days (cl.12). The Minister may extend time periods at CSBP’s request (cl.13).
• Disputes are to be referred to arbitration under the Arbitration Act 1895, except where the State/Minister has an express or implied discretionary power (cl.16). Notices and consents are to be in writing with specified formalities (cl.17).

Limits on liabilities and caps

• The Agreement repeatedly caps CSBP’s liability for works to the cost of constructing replacements “of equivalent standards and specifications” (cl.7(1)(a)‑(g)). This creates a contractual ceiling though “equivalent” remains a standards‑based assessment to be determined by the relevant public authority’s plans and specifications.

Environmental and planning obligations

• The Agreement does not exempt CSBP from compliance with environmental protection requirements under any other Act or by any State agency or authority (cl.14). Town planning approval for the specific subdivision is treated as given once formally submitted (cl.5(2)), but CSBP must comply with any conditions (cl.5(3)).

Practical time framing

• Many payments and obligations are triggered “forthwith upon the ratifying Act coming into operation” or by written request with specific short periods for payment or advance (cl.4(3); cl.4(5); cl.7(3)‑(4)). The Agreement’s administration therefore imposes tight cashflow and project sequencing obligations on CSBP.

The Agreement is not a penal statute; it establishes contractual enforcement rights and statutory facilitation rather than criminal penalties. Enforcement mechanisms fall into a few categories: termination for default, payment obligations with specified timing and advance mechanisms, arbitration for disputes, ministerial and State discretionary enforcement powers, and implied rights to specific acts (survey, transfer, acquisition). Key enforcement points:

Termination and its effects

• Clause 10 sets out “events of default”: material and unremedied breach after notice; abandonment or repudiation; liquidation (except voluntary for reconstruction). If such events occur and CSBP fails to remedy within a “reasonable time” after notice (or per arbitrator timeline where applicable), the State may give notice to determine the Agreement and thereby cause CSBP’s rights to cease (cl.10). Clause 11 provides the consequences: rights of CSBP to the Agreement cease (subject to antecedent liabilities), CSBP must pay all moneys then payable or accrued due, and except as otherwise agreed neither party will have claims in respect of matters arising out of the Agreement except for antecedent breaches (cl.11).

Monetary enforcement and timing

• The Agreement places strict monetary obligations on CSBP: many purchases and payments are due "forthwith upon the ratifying Act coming into operation" (cl.4(3)(a),(b),(d),(e)) and payments for works are due within 28 days of receipt of the State's written request (cl.7(3)). The Minister may require advances, and CSBP must make them within 14 days of written request (cl.4(5); cl.7(4)). Failure to make payments within the prescribed times would amount to a breach and, if material and unremedied, could lead to termination (cl.10).

Arbitration and its limits

• Clause 16 provides an arbitration mechanism under the Arbitration Act 1895 for disputes “in default of agreement between the parties”, but expressly excludes matters where the State or the Minister is given an express or implied discretionary power under the Agreement. That carve‑out restricts arbitrability of a subset of disputes, leaving the State’s discretionary decisions outside mandatory arbitration (cl.16). Additionally, where disputes are arbitrated, the instrument contemplates that matters of alleged default contested and promptly submitted to arbitration will allow a reasonable remedial period fixed by the arbitration award, subject to the arbitrator finding a bona fide dispute without dilatory conduct by CSBP (cl.10).

Statutory powers and exceptions to procedural protections

• Clause 6 allows the State to resume land under the Public Works Act 1902 “as and for a public work” and to thereafter sell, lease or otherwise dispose of land to CSBP, but also declares that subsections (2) to (7) inclusive of s 17 and s 17A of that Act “shall not apply” to or in respect of such resumption or disposal. That has enforcement consequence: compulsory acquisition/resumption can proceed without application of some of the usual protective or compensatory procedures specified in those subsections of the Public Works Act (cl.6).

Ministerial directions and statutory authority transfers

• Clause 8(7) permits statutory authorities, notwithstanding their constituting Acts, to transfer land at the Minister's direction and to be relieved of usual statutory limitations where the Minister so directs. This reduces procedural hurdles for transfers to CSBP but concentrates decision rights with the Minister and enables effective enforcement of transfer obligations by ministerial command (cl.8(7)).

No criminal penalties specified

• The Agreement does not create new criminal offences nor set out pecuniary penalties recoverable as fines; it relies on contract remedies (payment, damages, termination) and procedural/statutory mechanisms for implementation (cl.10, cl.11, cl.7, cl.8).

Stamp duty exemption

• Documents necessary to give effect to the Agreement are expressly exempted from stamp duties payable under State laws (final Schedule paragraph). This removes a common fiscal enforcement barrier (i.e. unpaid duties affecting validity of documents) by disapplying stamp duty for implementation documents.

Practical enforcement risks and leverage

• The State’s enforcement levers are primarily the ability to terminate, insist upon payment (including compelling advances), to direct statutory authorities to transfer land, and to proceed with compulsory acquisition of Area K (cl.4(3)(c); cl.4(5); cl.8(1)(c); cl.8(7)). CSBP’s primary leverage is contractual entitlement to possession and title upon completion of the State’s works and payment of purchase moneys, and the arbitration regime for non‑discretionary disputes (cl.8(3); cl.7; cl.16).

In sum, enforcement is contractual and administrative rather than penal, with the State retaining decisive discretionary mechanisms (compulsory acquisition, ministerial directions, statutory authority overrides) and access to termination remedies against CSBP if payments or obligations are not met.

The Agreement embeds and interacts with a range of other Western Australian statutes and statutory instruments. The Schedule expressly references several laws and authorities, and it also carves out exceptions to statutory procedures. Key interactions:

Industrial Lands (Kwinana) Agreement Act 1964

• The Agreement expressly states it does not vary the 1964 Agreement and that clauses 14-16, 18-23, 26 and 27 of that earlier Agreement “shall apply to this agreement and to the additional land mutatis mutandis” (Schedule cl.9). This creates a legal linkage whereby substantive provisions of the Kwinana Agreement (as specified) are imported to apply to the CSBP transaction. The Agreement thereby sits within the legislative and contractual complex governing industrial lands at Kwinana.

Public Works Act 1902

• Clause 6 permits the State to resume land as a public work under the Public Works Act and then sell, lease or otherwise dispose of that land to CSBP, but provides that subsections (2) to (7) inclusive of Section 17 and Section 17A of that Act “shall not apply” to such resumptions or disposals. That removes certain procedural protections or prescriptive requirements that would otherwise apply under the Public Works Act to resumptions and disposals used to give effect to this Agreement (Schedule cl.6). Practitioners must therefore read the Agreement together with the Public Works Act to identify which statutory steps are preserved and which are excluded for these specific resumptions.

Main Roads Act 1930 and Government Railways Act 1904

• The Agreement identifies the Commissioner for Main Roads and the Government Railways Commission as the decision makers for plans/specifications on the deviation road and railway respectively (Schedule cl.1 definitions; cl.7(1)(a)‑(b)). Costs and standards for road/rail replacement works are to be set by those authorities and CSBP’s liability is capped to “equivalent standards and specifications” established by them.

Town Planning and Development Act 1928 / Town Planning Board

• The Agreement requires submission of subdivision and consolidation plans to the Town Planning Board and provides that the Board, having tentatively approved preliminary plans, will on formal submission approve the plans “without alteration thereto” and such approval is to be “deemed to be an approval” for purposes of the Town Planning and Development Act (Schedule cl.5(1)‑(2)). This has the legal effect of pre‑empting further planning contest on those plans, while imposing on CSBP the obligation to comply with any approval conditions at its cost (cl.5(3)).

Land Act 1933 / Crown Grants and Titles

• The Agreement contemplates transfer or Crown Grant under the Land Act, references exceptions and reservations usual in Crown Grants as applicable, and requires CSBP to apply to the Registrar of Titles for a consolidated new certificate of title upon payment (cl.4(1); cl.5(4); cl.8(6)). Practitioners must therefore align the transfer mechanism with the Land Act’s grant and titling procedures.

Arbitration Act 1895

• Disputes are to be arbitrated under the Arbitration Act 1895 when not otherwise agreed, subject to carve‑outs where the Minister or State has discretionary powers (cl.16). The Agreement expressly makes arbitration the principal dispute resolution mode for non‑discretionary matters.

Industrial Development (Resumption of Land) Act and Industrial Lands Development Authority Act

• Clause 8(7) declares that the provisions of those Acts “shall be deemed to be duly complied with and be no longer applicable on transfer of land to CSBP.” This effectively disapplies the normal application of those Acts for land transferred under the Minister’s direction pursuant to the Agreement.

Stamp duties and State revenue law

• The Agreement declares that it and documents necessary to give effect to it are exempt from stamp duties payable under the laws of the State (final Schedule paragraph). This interacts with revenue law by removing a typical transactional fiscal burden.

Other statutory authorities and regulatory regimes

• The Agreement requires plans and specifications to be determined by statutory bodies for water, electricity, telecommunications and port facilities (Schedule cl.7). It also explicitly states it does not exempt CSBP from environmental requirements imposed by other Acts or agencies (cl.14). This means that environmental and statutory approvals outside the Agreement continue to apply and must be complied with despite the Agreement’s other statutory modifications.

Practical consequence of interactions

• The Agreement centralises ministerial authority for implementation while selectively disapplying certain statutory procedural protections and integrating third‑party statutory decision‑making for technical standards. That creates a hybrid status: many procedural steps are streamlined or disapplied for speed and certainty, but technical standards and environmental/regulatory compliance remain governed by the relevant public authorities’ existing laws and procedures.

The Act and its Schedule are short and the compilation notes record a succinct amendment and reprint history. The source material provides the following concrete items:

• Enactment and commencement: The Industrial Lands (CSBP & Farmers Ltd.) Agreement Act 1976 received assent on 9 June 1976 and commenced on 9 June 1976 (Compilation table, Note 1).

• Reprint: There is a Reprint 1 of the Act “as at 9 Jul 2004” recorded in the Compilation table (Notes).

• Standardisation of Formatting Act 2010 amendment: The Schedule heading shows an editorial amendment note: “[Heading amended: No. 19 of 2010 s. 4.]” The Compilation table records the Standardisation of Formatting Act 2010 (No. 19 of 2010) with assent 28 June 2010 and commencement 11 September 2010 for s.4 matters (Compilation table). The compilation notes (Note 2) state that marginal notes in the agreement have been represented as bold headnotes in the reprint but that this does not change their status as marginal notes. This indicates the 2010 amendment was formatting/standardisation rather than substantive.

• Administrative notes: Note 3 in the compilation explains an administrative change: Lands Titles Office diagrams are now held by the Western Australian Land Information Authority per the Land Information Authority Act 2006 s.100. This is a cross‑reference about custodianship of diagrams rather than a substantive amendment to the Agreement.

• Defined term list: The compilation retains a list of defined terms and provision references as an editorial aid; the compilation notes caution that such lists are not part of the law.

No other substantive amendments, repeals, or variations are recorded in the provided compilation notes. The Agreement itself contains a self‑executing variation mechanism (Schedule cl.12): the parties can vary the Agreement by written agreement, but any agreement made must be laid before Parliament and is subject to disallowance within twelve sitting days (cl.12(1)‑(3)). That mechanism allows the parties to amend the Agreement post‑ratification, subject to parliamentary oversight, but the compilation notes do not record any particular post‑enactment variations that have been made under cl.12.

Practitioners should note:

• The statutory record attached to the Act confirms only a formatting amendment and standard reprint updates. Any substantive changes to the Agreement made under its own cl.12 would only be visible if the variation agreements were appended or recorded in subsequent legislation or in parliamentary records; the compilation notes do not list such variations.
• Administrative custodianship of plan diagrams has changed and should be checked against current Land Information Authority holdings (compilation note 3).

The provided Act text, Schedule and compilation notes do not identify or summarise any litigation arising under this Act or the Agreement. The instrument itself does not name any reported cases, nor does the compilation table include entries of judicial review or appellate decisions. Therefore, within the source material supplied there is no recorded litigation history to cite.

Practical implications for researchers:

• Absence of litigation references in the statutory compilation is not evidence that no disputes ever arose in practice; it only means the Act’s text and its compilation notes do not record court proceedings. To establish whether there has been litigation (for example, disputes over payment, interpretation of “equivalent standards”, compulsory acquisitions for Area K, or ministerial discretion), one must search case law databases, tribunal records, and administrative decisions external to the Act. The Agreement names arbitration (Schedule cl.16) as the primary dispute resolution mechanism for non‑discretionary matters, so some disputes may have been resolved privately by arbitration rather than in open court.

• Where the Agreement imported clauses from the 1964 Industrial Lands (Kwinana) Agreement (Schedule cl.9), disputes concerning those clauses would be recorded in cases referencing the earlier Act if litigated; however this Agreement’s Schedule does not itself catalogue such cases.

• For compliance, procurement or due diligence, assume the possibility of private arbitral determinations and local administrative actions affecting implementation that would not appear in the legislative compilation. To be definitive on litigation history, execute a targeted search of Western Australian court decisions, arbitration awards (where accessible), and administrative records concerning CSBP, the State, WMC and Kwinana infrastructure projects.

The Agreement contains multiple provisions that create potential implementation, cost and governance risks for parties. The following are specific, source‑grounded “gotchas” drawn from the text:

Timing and condition precedent

• The Agreement only operates if the Ratifying Bill becomes law by the date specified in the Agreement (it was to be secured prior to 30 June 1976 per Schedule cl.2; cl.3(2) provides automatic termination where that deadline is missed unless the parties otherwise agree). Ratification is therefore a strict condition precedent in the Schedule, and many obligations are triggered “forthwith upon the ratifying Act coming into operation” (cl.4(3), cl.7(3)). Practically speaking, CSBP faces immediate payment and cashflow pressure on commencement.

Advance requests with capped but uncertain total

• The Minister can request advances on straightforward grounds and CSBP must provide them within 14 days, including on account of acquisition costs for Area K; however, the aggregate advance for Area K purchases is capped only by the Property and Valuation Officer’s estimate , which may understate or overstate final acquisition costs (cl.4(5)). For Area K, the purchase price itself is the actual cost to the State including fees and expenses, making final liability uncertain (cl.4(3)(c)).

“Equivalent standards” cap is ambiguous

• CSBP’s liability for works is repeatedly limited to the cost of constructing replacements “of equivalent standards and specifications” to those being replaced (cl.7(1)(a)‑(g)). That phrase requires interpretation and technical assessment by the relevant statutory authorities, which could be the subject of disagreement: the Agreement refers plans/specifications as determined by public authorities (Commission, Commissioner, Metropolitan Water Supply Board, S.E.C., Australian Telecommunications Commission, WMC and Fremantle Port Authority). Disputes over what constitutes “equivalent” may be deferred to arbitration, except where ministerial discretion is involved (cl.16), creating potential for contested technical and costing disputes.

Statutory procedural exemptions concentrate power

• Clause 6 disapplies certain subsections of s.17 and s.17A of the Public Works Act for resumptions done “as and for a public work” for purposes of this Agreement. Clause 8(7) empowers the Minister to direct statutory authorities to transfer land and relieves such authorities from usual statutory limitations on transfers. These clauses concentrate decision‑making and reduce normal statutory review paths; practitioners should not assume standard resumption procedures or approvals apply here (cl.6; cl.8(7)).

Town planning “deemed” approval and cost liability

• The Town Planning Board is recorded as having tentatively approved the plans and the Agreement provides that on formal submission the Board “will approve those plans without alteration thereto” and such approval is “deemed” to be an approval under the Town Planning and Development Act (cl.5(1)‑(2)). CSBP must still comply with any conditions of approval at its cost (cl.5(3)). The “deemed” approval short‑circuits further planning negotiation over form but binds CSBP to any unannounced or later‑imposed conditions that the Board may attach on formal submission, exposing CSBP to cost risk.

Telecommunications relocation responsibility

• CSBP is the “sole responsibility” to arrange for removal of telecommunications cables (cl.7(2)). Importantly, the clause states that CSBP’s failure to do so “shall in no way vitiate this Agreement or give rise to any claim against the State.” That leaves CSBP exposed to third‑party claims or operational delay consequences without recourse to the State for breach of the Agreement, and preserves the State’s position while shifting relocation risk entirely to CSBP.

Closure and revesting of public streets

• The Agreement provides that streets dedicated to public use (Areas D, G and a portion of Beach Street) will, by force of the Ratifying Act and Agreement, be closed and revested in the Crown and freed from rights of passage on the day before CSBP is entitled to possession (cl.8(5)). This extinguishes public passage rights without separate procedures for those affected, which may be politically or operationally sensitive and could generate community or local government friction.

Stamp duty exemption is absolute in the instrument

• The Agreement declares that it and documents necessary to give effect to it are exempt from stamp duty under State laws (final Schedule paragraph). This is a fiscal concession that practitioners should verify against contemporary revenue law and administrative practice if analogous agreements are considered, because exemption reduces transactional friction.

Arbitration carve‑outs and Ministerial discretion

• Arbitration is the default dispute resolution mechanism for many disagreements, but clauses exclude disputes where the State or Minister has been granted express or implied discretionary powers (cl.16). This restriction narrows arbitrable issues and gives the State unilateral power over certain decisions without an arbitration remedy.

Linkage to the 1964 Agreement

• Clause 9 imports multiple provisions from the earlier Industrial Lands (Kwinana) Agreement Act 1964. Practitioners must read both instruments together; obligations and rights may thereby be influenced by clauses not reproduced in this Schedule.

Potential misalignment between estimated and final costs

• The Agreement lists detailed estimated costs as at 1 April 1976 for several works (e.g. deviation railway $360,000; deviation road estimated cost $185,650 of which CSBP estimated to pay $154,650; water mains $151,000; Fremantle Port Authority $209,627) (cl.7(1)). Those are estimates only; final costs may differ and CSBP remains liable subject to the “equivalent standards” limits and the State’s ability to request advances.

In summary, the Agreement front‑loads payment obligations, grants the State concentrated direction and procedural exemptions, but imposes residual technical and environmental compliance obligations on CSBP, with significant scope for contention over cost boundaries and implementation sequencing.

For practitioners advising a purchaser, the State, contractors, or statutory authorities, the Agreement sets out clear compliance steps, deadlines and responsibilities. Below is a practical compliance checklist tied to the Agreement’s clauses.

1. Confirm Ratification and Trigger Dates

• Verify the Ratifying Act has commenced. Many obligations are triggered “forthwith upon the ratifying Act coming into operation” (Schedule cl.4(3); cl.7(3)). If advising during implementation, confirm the date of commencement and any Ministerial notices under cl.8(3) that entitle CSBP to possession.

2. Payment Preparation and Cashflow Management

• Prepare to make payments specified in cl.4(3) on ratification: e.g., $744,423 for Areas B-H (at $24,710/ha), $77,900 for Area J, sums for Areas L and P as calculated, and ensure capacity to fund the actual cost for Area K as required (cl.4(3)(a)‑(c)). Build a contingency for acquisition costs that may exceed initial estimates because CSBP’s liability for Area K is the actual State acquisition cost (cl.4(3)(c)).
• Anticipate and provision for advance requests by the Minister under cl.4(5) and cl.7(4), which require payment within 14 days of written request.

3. Survey and Title Work

• Commission and pay for the required survey immediately upon ratification to define boundaries and finalise area calculations (cl.8(1)(b); cl.8(2)). Once survey is complete, apply to the Registrar of Titles for consolidation and a new certificate of title and pay prescribed fees (cl.5(4)). Ensure diagrams referenced are obtained from the Western Australian Land Information Authority (compilation note 3).

4. Town Planning Compliance

• Submit subdivision and consolidation plans to the Town Planning Board in the form agreed (cl.5(1)). Anticipate deemed approval per cl.5(2) but prepare to comply with any conditions at CSBP’s expense (cl.5(3)). Keep robust documentation of the Board’s tentative approval and formal submission to defend against later challenges.

5. Programming and Contracting of Works

• Coordinate with the Commission, the Commissioner for Main Roads, the Metropolitan Water Supply Sewerage and Drainage Board, S.E.C., Australian Telecommunications Commission, WMC and Fremantle Port Authority for plans and specifications. Prepare procurement strategies that can respond to standards set by those authorities (cl.7(1)(a)‑(g)). Ensure construction contracts include clear specifications tied to the authorities’ plans and include dispute resolution clauses compatible with the Agreement’s arbitration carve‑outs.

6. Telecommunications and Utilities Relocation

• Arrange and implement telecommunication cable removal without delay; record communications and proofs of relocation to prevent claims. Remember CSBP bears sole responsibility for telecommunications relocation and that failure to do so does not vitiate the Agreement nor permit claims against the State (cl.7(2)).

7. Environmental and Regulatory Compliance

• Ensure environmental approvals and compliance mechanisms required under other statutes are obtained and followed; the Agreement explicitly does not exempt CSBP from environmental statutes or State agency requirements (cl.14). Obtain contemporaneous environmental assessments, permits and approvals where necessary.

8. Rates, Taxes and Possession

• Account for rates, taxes, charges and other outgoings from the day CSBP is entitled to possession (cl.8(4)). Establish processes for timely payment to avoid disputes. If possession is linked to completion of works, use cl.8(3) ministerial notice requirements to confirm entitlement timing.

9. Manage Third Party Interests and Acquisition Risk

• Monitor State acquisition of Area K (cl.8(1)(c)); maintain records of ministerial requests for advances and the Property and Valuation Officer’s estimate which caps advances for Area K (cl.4(5)). Where final acquisition costs are charged back to CSBP, verify invoices and supporting acquisition cost details.

10. Variation and Parliamentary Procedures

• If a variation is proposed under cl.12, ensure the written agreement is laid before each House of Parliament within 12 sitting days following execution and monitor for possible disallowance within the prescribed window (cl.12(2)‑(3)). Prepare contingency plans in case a variation is disallowed.

11. Dispute Avoidance and Resolution

• For disputes likely to be arbitrable, observe arbitration timelines and procedural requirements under the Arbitration Act 1895 (cl.16). Where disputes involve ministerial discretion or matters outside arbitration carve‑outs, prepare for administrative engagement and internal ministerial review processes. Keep contemporaneous records of notices, approvals and communications to support enforcement and defence.

12. Compliance with Resumption and Transfer Provisions

• If resumption under the Public Works Act occurs, check the specific subsections declared inapplicable by cl.6 and adjust procedures accordingly. Where statutory authorities are directed to transfer land by the Minister, ensure necessary internal approvals within those authorities are obtained to reflect the Agreement’s cl.8(7) overriding of typical statutory limitations.

13. Documentary and Stamp Duty Steps

• Prepare all transfer and implementation documents but note the Agreement declares an exemption from stamp duties for documents necessary to implement it (final Schedule paragraph). Document basis for claimed exemption to facilitate dealings with revenue authorities if required.

14. Prepare for Force Majeure and Extensions

• Build into project timelines allowances for force majeure events identified in cl.18 and record notifications promptly if such events occur, as required by the clause. Where delays are foreseen, request extensions from the Minister under cl.13 and document the Minister’s approvals.

15. Default Risk Management

• Monitor compliance milestones and remedy any breach promptly if notice is given by the State to avoid termination risks under cl.10. Implement internal escalation procedures to reply to alleged defaults and, where disputes are subject to arbitration, ensure timely initiation of arbitration if appropriate.

In practice, compliance requires integrated project management across legal, land titling, planning, construction, utilities, environmental and financial teams. The Agreement’s short timeframes for payments and ministerial advance requests impose particular emphasis on cashflow readiness, while obligations to coordinate with multiple statutory authorities require early and continuous engagement.