4AVariation of Agreement to increase rates of royalty

##### 4A. Variation of Agreement to increase rates of royalty (1) In this section — Agreement means the agreement a copy of which is set out in the First Schedule — (a) as varied from time to time in accordance with its provisions; and (b) as varied by these agreements — (i) the first variation agreement; (ii) the second variation agreement; (iii) the third variation agreement; (iv) the fourth variation agreement; (v) the fifth variation agreement. (2) Clause 9(2)(j) of the Agreement is varied — (a) in subparagraph (ii) by deleting “three and three quarter per centum (3¾%)” and inserting — 5.625% (b) in subparagraph (iii) by deleting “aforesaid);” and inserting — aforesaid) until 30 June 2010 and thereafter at the rate of 5.625% of the f.o.b. value (computed as aforesaid); (c) in subparagraph (iv) by deleting “one shilling and sixpence (1/6d) per ton;” and inserting — 5% of the f.o.b. value (computed as aforesaid); (3) Clause 9(2)(j)(ii), (iii) and (iv) of the Agreement as varied by subsection (2) operate and take effect despite — (a) any other provision of the Agreement; and (b) any other agreement or instrument; and (c) any other Act or law. (4) Nothing in this section affects the amount of royalty payable under clause 9 of the Agreement in respect of any period before the commencement of the *Iron Ore Agreements Legislation Amendment Act 2010* Part 10. [Section 4A inserted: No. 34 of 2010 s. 23.]