Sch Sixteenth ScheduleFifteenth Supplementary Agreement

Sixteenth Schedule — Fifteenth Supplementary Agreement

[Heading inserted: No. 13 of 2017 s. 11.]

2017

THE HONOURABLE MARK McGOWAN

THE STATE OF WESTERN AUSTRALIA

and

[Solicitor's details]

THIS AGREEMENT is made this 29th day of September 2017

THE HONOURABLE MARK McGOWAN, BA LLB MLA, Premier of the State of Western Australia, acting for and on behalf of the said State and its instrumentalities from time to time (hereinafter called the "State") of the first part,

HAMERSLEY IRON PTY. LIMITED ACN 004 558 276 of Level 22, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia, (hereinafter called the "Company" in which term shall be included its successors and permitted assigns) of the second part.

RECITALS:

A. The State and the Company are the parties to the agreement dated 30 July 1963, approved by and scheduled to the Iron Ore (Hamersley Range) Agreement Act 1963 and which as subsequently added to, varied or amended is referred to in this Agreement as the "Principal Agreement".

B. The State and the Company wish to vary the provisions of the Principal Agreement on the terms and conditions set out in this Agreement.

1. Ratification and operation

(2) This Agreement, other than this clause, comes into operation on the day on which it is ratified by an Act of the Parliament of Western Australia ("Operative Date") unless, before that day, it terminates under subclauses (4) or (5).

(3) The State must introduce in the Parliament of Western Australia before 31 October 2017 or a later date agreed by the parties to this Agreement a Bill to ratify this Agreement and must endeavour to secure its passage as an Act.

(4) If by 31 December 2017 this Agreement has not been ratified by an Act of the Parliament of Western Australia then, unless the parties to this Agreement otherwise agree, this Agreement terminates on that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.

(5) The parties agree that if the Principal Agreement is otherwise determined in accordance with its provisions on a day prior to the Operative Date, then this Agreement shall also terminate on and from that day and no party hereto will have any claim against any other party hereto with respect to any matter or thing arising out of, done, performed, or omitted to be done or performed under this Agreement.