Sch Fourth ScheduleThird Supplementary Agreement

Fourth Schedule — Third Supplementary Agreement [Heading inserted: No. 39 of 1972 s. 4; amended: No. 19 of 2010 s. 4.] THIS AGREEMENT made the 10th day of March One thousand nine hundred and seventy‑two BETWEEN THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., Premier of the State of Western Australia acting for and on behalf of the said State and Instrumentalities thereof from time to time (hereafter called “the State”) of the one part and HAMERSLEY IRON PTY. LIMITED a company incorporated under the *Companies Act 1961* of the State of Victoria and having its registered office and principal please of business in that State at 95 Collins Street Melbourne and its registered office in the State of Western Australia at 191 St. George’s Terrace Perth (hereinafter called “the Company” which expression will include the assignees and appointees of the Company under clause 20 of the Agreement a copy of which is set out in the First Schedule to the *Iron Ore (Hamersley Range) Agreement Act 1963* (as that clause applies to the agreement hereinafter defined as the “amending Agreement”)) of the other part — WHEREAS — (a) there are references in the amending Agreement (as hereinafter defined) to the Agreement forming the Second Schedule to the *Iron Ore (Hanwright) Agreement Act 1967* (which Agreement (as amended) is hereinafter referred to as “the Hanwright Agreement”); (b) the Hanwright Agreement is to be determined by the mutual consent of the parties thereto contemporaneously with the coming into force of the Agreements set out in the Schedule hereto; (c) it is desired in consequence to amend the amending Agreement as hereinafter provided. WITNESSETH — 1. In this Agreement to the context — “amending Agreement” means the Agreement of which a copy is set out in the Third Schedule to the *Iron Ore (Hamersley Range) Agreement Act 1963* (which Agreement was approved by the *Iron Ore (Hamersley Range) Agreement Act Amendment Act 1968*); “principal Agreement” means the Agreement of which a copy is set out in the First Schedule to the *Iron Ore (Hamersley Range) Agreement Act 1963* as amended by the Agreement of which a copy is set out in the Second Schedule to that Act (both of which Agreements were approved by that Act) as further amended by the amending Agreement and except where the context otherwise requires as further amended by this Agreement; 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 the foregoing provisions of this clause) shall have the same respective meanings in this Agreement as are given to them under clause 1 of the principal Agreement; reference in this Agreement to an Act shall include the amendments to such Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; power given under any clause of this Agreement or under any clause other than clause 24 of the principal Agreement as applying to this Agreement to extend any period or date shall be without prejudice to the power of the Minister under the said clause 24 as applying to this Agreement. 2. The State shall introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage. (a) the Bill to ratify this Agreement as referred to in clause 2 hereof is passed as an Act before the 30th day of June, 1972 or such later date if any as the parties hereto may mutually agree upon; and (b) Bills to ratify each of the Agreements referred to in the Schedule hereto are passed as Acts before the 30th day of June, 1972 or such later date if any as the parties hereto may mutually agree upon. If the said Bills are not passed before that date or later date or dates (as the case may be) this Agreement will then cease and determine and neither of the parties hereto will 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. 4. The amending Agreement is amended or altered as hereinafter provided and such amending Agreement shall be read and construed accordingly. 5. Clause 13 of the amending Agreement is amended by substituting therefore the following clause: — “13 (1) If a mineral lease is granted by the State to Mount Bruce Mining Pty. Limited pursuant to sub‑clause (2) of clause 4 of the Agreement dated the 10th day of March, 1972 between the State of the one part and Mount Bruce Mining Pty. Limited of the other part (which Agreement is hereinafter called “the Mount Bruce Agreement”) then the operation of clauses 13 to 17 (both inclusive) of the principal Agreement shall be suspended until such time as the Minister — (a) give notice pursuant to clause 41 of the Mount Bruce Agreement in which case the provisions of sub‑clause (2) of this clause shall take effect; or (b) fails to give such notice in which case the principal Agreement shall thenceforth be read and construed as if the said clauses 13 to 17 (both inclusive) were deleted from the principal Agreement. (2) If the Minister gives notice pursuant to clause 41 of the Mount Bruce Agreement he shall at the same time or as soon as reasonably possible thereafter give a copy of such notice to the Company and from and after the giving of such copy notice the suspension of the operation of the said clauses 13 to 17 (both inclusive) of the principal Agreement shall cease and the said clauses shall recommence to operate and thereafter shall be read and construed and take effect as if each numeral appearing in the said clause 13 immediately after the word “year” were a numeral one more than the corresponding numeral in the corresponding provisions in sub‑clause (2) of clause 35 of the Mount Bruce Agreement”. 6. The proviso to clause 14 of the amending Agreement is amended by substituting for the words “clause 8(1) of the Hanwright Agreement” the words “sub‑clause (2) of clause 4 of the Mount Bruce Agreement”. SCHEDULE The Agreement of even date herewith between the Honourable John Tresize Tonkin, M.L.A., Premier of the State of Western Australia acting for an on behalf of the said State and Instrumentalities thereof of the one part and Mount Bruce Mining Pty. Limited of the other part. The Agreement of even date herewith between the Honourable John Tresize Tonkin, M.L.A., Premier of the State of Western Australia acting for and on behalf of the said State and Instrumentalities thereof of the first part Hancock Prospecting Pty. Ltd. and Wright Prospecting Pty. Ltd. of the second part. IN WITNESS WHEREOF this Agreement has been executed by or on behalf of the parties hereto the day and year first hereinbefore mentioned. | SIGNED by the said THE<br>HONOURABLE JOHN TREZISE<br>TONKIN, M.L.A., in the presence of — | ![]() | JOHN T. TONKIN | DON MAY, | THE COMMON SEAL of HAMERSLEY<br>IRON PTY. LIMITED was<br>hereunto affixed in the<br>presence of — | ![]() | (C.S.) | R. T. MADIGAN, JOHN CALDER, [Fourth Schedule inserted: No. 39 of 1972 s. 4.]