Sch Second ScheduleFirst Supplementary Agreement

Second Schedule — First Supplementary Agreement

[Heading inserted: No. 98 of 1964 s. 6; amended: No. 19 of 2010 s. 4.]

THIS AGREEMENT under seal made the twenty‑seventh day of October One thousand nine hundred and sixty‑four BETWEEN THE HONOURABLE DAVID BRAND, M.L.A. Premier and Treasurer of the State of Western Australia acting for and on behalf of the said State and instrumentalities thereof from time to time (hereinafter 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 place of business in that State at 95 Collins Street Melbourne and its registered office in the State of Western Australia at 37 Saint George’s Terrace Perth (hereinafter called “the Company” which expression will include the successors and assigns of the Company including where the context so admits the assignees and appointees of the Company under clause 20 of the agreement hereinafter referred to) of the other part.

1. This Agreement shall have no force or effect and shall not be binding upon either party until it is approved by the Parliament of Western Australia.

2. The agreement made between the parties and defined in and approved by the Iron Ore (Hamersley Range) Agreement Act 1963 (hereinafter referred to as “the said Agreement”) is amended or altered as hereinafter provided and the said Agreement shall be read and construed accordingly.

3. Paragraph (a) of the definition of “export date” in clause 1 of the said Agreement is amended by substituting therefor the following paragraph —

(a) the date on which the period of three (3) years next following the commencement date or (as the case may be) the date on which the extended period referred to in clause 10(1) hereof expires;

4. Clause 1 of the said Agreement is further amended by inserting after the definition of “port townsite” therein the following definition —

“processed iron ore” means iron ore processed by secondary processing;

5. Paragraph (b) of subclause (1) of clause 5 of the said Agreement is amended by inserting after the passage, “fifteen million (15,000,000) tons of iron ore” in line six the passage, “(and/or processed iron ore)”.

6. Clause 5 of the said Agreement is further amended by adding thereto a subclause as follows —

(4) If the Company should desire a further extension for a period not exceeding three (3) years beyond the expiration of any period of extension granted under subclause (3) of this clause within which to negotiate satisfactory iron ore contracts and if the Company demonstrates to the satisfaction of the Minister that the Company has duly complied with its other obligations hereunder has genuinely and actively but unsuccessfully endeavoured to make the iron ore contracts on a competitive basis and reasonably requires an additional period for the purpose of making iron ore contracts the Minister will grant such extension for such period not exceeding a further three (3) years as is warranted in the circumstances subject always to the condition that the Company duly complies (or complies to the satisfaction of the Minister) with its other obligations hereunder.