This Act gives statutory force to a long-term mining agreement that lets a company enter Crown land, obtain mineral leases, and build and operate mines, ports, railways and related townsite and processing works. It fixes commercial terms (rents, royalties and how f.o.b. revenue is calculated), requires staged value‑adding projects (eg. metallising/steel capacity) subject to feasibility tests and arbitration, and sets approval procedures that allocate many costs and compliance duties to the Company while preserving ministerial decision-making.
The Iron Ore (Mount Bruce) Agreement Act 1972 (WA) ratifies a state agreement between the State of Western Australia and Mount Bruce Mining Pty Limited for the exploration, development, and treatment of iron ore in a defined area of the Pilbara region, and for the potential production of steel in Western Australia. The Act came into force in 1972 and has been amended by five subsequent variation agreements, the most recent ratified by the 2024 Variation Agreement (section 4E, inserted by No. 38 of 2024).
This is a "state agreement Act", a form of legislation distinctive to Western Australia and other Australian States in which Parliament ratifies a contractual arrangement between the Crown and a private developer for a major resource project. The Agreement itself is set out in the First Schedule. Its provisions override other Acts and laws where expressly stated. The Act and Agreement together give the Company secure long-term rights to mine iron ore, build infrastructure, and develop downstream processing facilities, in exchange for royalty payments and compliance with the State's development requirements.
The Act was made at a time when the Pilbara region's iron ore resources were being opened up for large-scale export. Mount Bruce Mining Pty Limited was associated with Hamersley Iron Pty Limited (the major Pilbara iron ore producer), and the Agreement was designed to enable an adjacent iron ore province to be developed in a coordinated way.
Main concepts
Current sections
Direct links to the current provisions in Iron Ore (Mount Bruce) Agreement Act 1972.
17
Sch Second Schedule
1976 Variation Agreement
Second Schedule — 1976 Variation Agreement
Sch Third Schedule
1987 Variation Agreement
Third Schedule — 1987 Variation Agreement
Sch Fourth Schedule
2010 Variation Agreement
Fourth Schedule — 2010 Variation Agreement
Sch Fifth Schedule
2011 Variation Agreement
Fifth Schedule — 2011 Variation Agreement
Sch Sixth Schedule
2024 Variation Agreement
Sixth Schedule — 2024 Variation Agreement
Notes
Compilation table 188
Other notes 188
Defined terms
An Act to ratify an agreement relating to the exploration for, and the development and treatment of, iron ore in certain areas of the North West of the State and the production of steel in the State, and for incidental and other purposes.
1
Short title
1. Short title
This Act may be cited as the Iron Ore (Mount Bruce) Agreement Act 1972.
2
Terms used
2. Terms used
In this Act —
1976 Variation Agreement means the agreement a copy of which is set forth in the Second Schedule;
1987 Variation Agreement means the agreement a copy of which is set forth in the Third Schedule;
2010 Variation Agreement means the agreement a copy of which is set forth in the Fourth Schedule;
2011 Variation Agreement means the agreement a copy of which is set forth in the Fifth Schedule;
2024 Variation Agreement means the agreement a copy of which is set forth in the Sixth Schedule;
Agreement means the agreement of which a copy is set forth in the First Schedule, and if that agreement is varied, from time to time, in accordance with the provisions of the Agreement includes the Agreement as so varied from time to time, and, except in section 3(1), also includes the Agreement as altered by the 1976 Variation Agreement, the 1987 Variation Agreement, the Iron Ore Agreements Legislation Amendment Act 2010 Part 6, the 2010 Variation Agreement, the 2011 Variation Agreement and the 2024 Variation Agreement;
Company has the same meaning as it has in, and for the purposes of, the Agreement.
[Section 2 amended: No. 94 of 1976 s. 2; No. 26 of 1987 s. 4; No. 61 of 2010 s. 12; No. 61 of 2011 s. 12; No. 38 of 2024 s. 19.]
3
Ratification of Agreement
3. Ratification of Agreement
(1) The Agreement is ratified.
(2) Notwithstanding any other Act or law, and without limiting the effect of subsection (1) —
(a) the Company shall be allowed to enter upon the Crown lands mentioned in paragraph (b) of clause 2 of the Agreement, to the extent and for the purposes provided in that paragraph;
(b) the provisions of subclause (2) of clause 3 of the Agreement shall take effect.
(3) The provisions of section 96 of the Public Works Act 1902 do not apply to any railway constructed pursuant to the Agreement.
(4) The provisions of section 277(5) of the Mining Act 19041 do not apply to any renewal of the rights of occupancy granted pursuant to subclause (1) of clause 4 of the Agreement.
3A
Ratification of Variation Agreement
3A. Ratification of Variation Agreement
The 1976 Variation Agreement is ratified.
[Section 3A inserted: No. 94 of 1976 s. 3; amended: No. 26 of 1987 s. 5.]
3B
1987 Variation Agreement
3B. 1987 Variation Agreement
(1) The 1987 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the 1987 Variation Agreement shall operate and take effect notwithstanding any other Act or law.
[Section 3B inserted: No. 26 of 1987 s. 6.]
4A
Variation of Agreement to increase rates of royalty
4A. Variation of Agreement to increase rates of royalty
(1) Clause 12(1)(h) 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 “fifteen (15) cents per ton;” and inserting —
5.625% of the f.o.b. revenue (computed as aforesaid);
(c) in subparagraph (iv) by deleting “fifteen (15) cents per ton;” and inserting —
5% of the f.o.b. revenue (computed as aforesaid);
(2) Clause 12(1)(h)(ii), (iii) and (iv) of the Agreement as varied by subsection (1) 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.
(3) Nothing in this section affects the amount of royalty payable under clause 12 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 6.
[Section 4A inserted: No. 34 of 2010 s. 13.]
4B
2010 Variation Agreement
4B. 2010 Variation Agreement
(1) The 2010 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the Government Agreements Act 1979, the 2010 Variation Agreement is to operate and take effect despite any other Act or law.
[Section 4B inserted: No. 61 of 2010 s. 13.]
4C
State empowered under clause 20E(9)(a)
4C. State empowered under clause 20E(9)(a)
The State has power in accordance with clause 20E(9)(a) of the Agreement.
[Section 4C inserted: No. 61 of 2010 s. 13.]
4D
2011 Variation Agreement
4D. 2011 Variation Agreement
(1) The 2011 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the Government Agreements Act 1979, the 2011 Variation Agreement is to operate and take effect despite any other Act or law.
[Section 4D inserted: No. 61 of 2011 s. 13.]
4E
2024 Variation Agreement
4E. 2024 Variation Agreement
(1) The 2024 Variation Agreement is ratified.
(2) The implementation of the 2024 Variation Agreement is authorised.
(3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the 2024 Variation Agreement operates and takes effect despite any enactment or other law.
[Section 4E inserted: No. 38 of 2024 s. 20.]
4
By‑laws
4. By‑laws
(1) The Governor may upon the recommendation of the Company make, alter and repeal by‑laws for the purposes of, and in accordance with, the Agreement.
(2) By‑laws made pursuant to this section —
(a) shall be published in the Government Gazette; and
(b) take effect and have the force of law from the date they are so published or from such later date as is fixed by the by‑laws; and
(c) may prescribe penalties not exceeding $100 for breach of any of the by‑laws; and
(d) are not subject to the provisions of section 36 of the Interpretation Act 1918 2, but the by‑laws shall be laid before each House of Parliament within 6 sitting days of the House next following the publication of the by‑laws in the Government Gazette.
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Iron Ore (Mount Bruce) Agreement Act 1972
Western Australia
Iron Ore (Mount Bruce) Agreement Act 1972
Contents
Short title 1
Terms used 1
Ratification of Agreement 2
3A. Ratification of Variation Agreement 2
3B. 1987 Variation Agreement 3
4A. Variation of Agreement to increase rates of royalty 3
4B. 2010 Variation Agreement 4
4C. State empowered under clause 20E(9)(a) 4
4D. 2011 Variation Agreement 4
4E. 2024 Variation Agreement 4
By‑laws 5
First Schedule — Iron Ore (Mount Bruce) Agreement
Second Schedule — 1976 Variation Agreement
Third Schedule — 1987 Variation Agreement
Fourth Schedule — 2010 Variation Agreement
Fifth Schedule — 2011 Variation Agreement
Sixth Schedule — 2024 Variation Agreement
Notes
Compilation table 188
Other notes 188
Defined terms
Western Australia
Iron Ore (Mount Bruce) Agreement Act 1972
An Act to ratify an agreement relating to the exploration for, and the development and treatment of, iron ore in certain areas of the North West of the State and the production of steel in the State, and for incidental and other purposes.
1. Short title
This Act may be cited as the Iron Ore (Mount Bruce) Agreement Act 1972.
2. Terms used
In this Act —
1976 Variation Agreement means the agreement a copy of which is set forth in the Second Schedule;
1987 Variation Agreement means the agreement a copy of which is set forth in the Third Schedule;
2010 Variation Agreement means the agreement a copy of which is set forth in the Fourth Schedule;
2011 Variation Agreement means the agreement a copy of which is set forth in the Fifth Schedule;
2024 Variation Agreement means the agreement a copy of which is set forth in the Sixth Schedule;
Agreement means the agreement of which a copy is set forth in the First Schedule, and if that agreement is varied, from time to time, in accordance with the provisions of the Agreement includes the Agreement as so varied from time to time, and, except in section 3(1), also includes the Agreement as altered by the 1976 Variation Agreement, the 1987 Variation Agreement, the Part 6, the 2010 Variation Agreement, the 2011 Variation Agreement and the 2024 Variation Agreement;
The Agreement: The original agreement dated 10 March 1972, as amended from time to time by the variation agreements. The Agreement contains the operative obligations of both the State and the Company. Section 3(2) provides that the Agreement takes effect notwithstanding any other Act or law.
The Company: Mount Bruce Mining Pty Limited, including its successors and assigns. The Company's connection to Hamersley is central to the Agreement's structure; clause 5(1) makes many key obligations conditional on ownership changes from Hamersley control.
Mining areas: Defined areas in the Pilbara coloured red on Plan "A" initialled by the parties. The mineral lease must be selected from within these areas, not exceeding 300 square miles.
Mineral lease: A lease under section 276 of the Mining Act for iron ore, for a term of 21 years with successive renewal rights on the same terms. The Company applies for the mineral lease from within the rights of occupancy granted by the State.
Rights of occupancy: Initial occupancy rights granted under section 276 of the Mining Act over the entire mining areas, at $8 per square mile per annum, allowing the Company to search and prospect. These precede the mineral lease.
f.o.b. revenue: The price received by the Company for iron ore at the point of shipment, less defined export duties, ocean freight, insurance, port charges at discharge, delivery costs, weighing and sampling, shipping agency charges, and import taxes. Royalties are calculated as percentages of this amount.
Metallised agglomerates: Products resulting from reduction of iron ore or concentrates having at least 85% iron content. A major obligation is to investigate and potentially establish a plant for their production.
Variation agreements: Five subsequent agreements (1976, 1987, 2010, 2011, 2024) that alter the terms of the original Agreement. Each is ratified by the Act (sections 3A, 3B, 4B, 4D, 4E) and set out in the Schedules.
By-laws: Under section 4, the Governor may make by-laws for the purposes of the Agreement on the Company's recommendation. By-laws are published in the Gazette and are not subject to the usual review requirements under the Interpretation Act 1918.
Who it affects
The Company (Mount Bruce Mining Pty Limited and successors): The primary counterparty to the Agreement. Subject to all royalty, infrastructure development, downstream processing, record-keeping, and compliance obligations.
The State of Western Australia: Obliged to grant mineral leases, rights of occupancy, special leases, and other tenure documents as required by the Agreement. The Minister exercises the State's rights and powers under the Agreement.
Hamersley Iron (now Rio Tinto): The parent company of the relevant Pilbara iron ore operations. Clause 5(1) makes the triggering of the Company's major development obligations conditional on the Company ceasing to be majority-owned by Hamersley or its associates.
Native title holders (Banjima, Yinhawangka, and related groups): Federal Court proceedings (Banjima People v State of Western Australia [2013] FCA 868, [2014] FCA 201 and Jones on behalf of the Yinhawangka People v State of Western Australia [2017] FCA 801) determined native title in the Pilbara areas affected by the Agreement and related iron ore agreements.
Local communities: The Agreement requires the Company to develop townsites and port townsites, provide services and facilities to residents, and share infrastructure with the State.
Key obligations
State obligations (clauses 2, 4, 7):
Introduce and sponsor a Bill to ratify the Agreement.
Grant the Company rights of occupancy over the entire mining areas.
Cause the mineral lease to be granted on application.
Grant special leases, licences, and other tenures as required by the Agreement.
Provide services and facilities required for the project, subject to the Company bearing the capital cost attributable to the project.
Company obligations (clause 12): The extensive obligations in clause 12 cover:
Operating any railway in a safe and proper manner and permitting use by third parties and the State on reasonable terms.
Complying with all applicable laws.
Maintaining in good repair all works, plant, and equipment.
Shipping all ore from the mineral lease from the Company's wharf and obtaining the best available price.
Allowing access through the mining areas to the State and third parties.
Providing water, power, and other services to residents of townsites on reasonable terms.
Giving preference to Western Australian labour and contractors where price, quality, delivery, and service are equal.
Paying royalties on all iron ore shipped, sold, or used in the various forms specified.
Royalties (clause 12(1)(h)):
Direct shipping ore: 7.5% of f.o.b. revenue, minimum 60 cents per ton.
Fine ore sold separately: 5.625% of f.o.b. revenue (as varied by section 4A of the Act), minimum 30 cents per ton.
Fines sold separately: 5.625% of f.o.b. revenue (as varied by section 4A).
Locally used ore and concentrates used in steel or metallised agglomerate production: 5% of f.o.b. revenue (as varied by section 4A).
All other ore: 7.5% of f.o.b. revenue without minimum.
Infrastructure development obligations (clauses 5-6): After ownership changes from Hamersley control (clause 5(1) trigger events), the Company must investigate and submit proposals for mining, railway, port, townsite, water, and power infrastructure, and then construct the infrastructure at a cost of not less than $50,000,000 to enable shipment at a rate of at least 1,000,000 tons per annum.
Downstream processing obligations (clauses 31-41): Before the end of year 6 the Company must elect between producing metallised agglomerates or steel. Depending on the election, detailed proposals for establishing and progressively expanding production capacity must be submitted and approved or arbitrated.
Environmental compliance (clause 30): The Agreement does not exempt the Company from compliance with any environmental protection requirement made under any Act.
Powers and discretions
Minister's approval and refusal powers: The Minister has broad discretionary powers throughout the Agreement, including approving or refusing the Company's proposals for mining operations, infrastructure, port site, and downstream processing plant. Ministerial determinations on port location and port development for general use are final and not arbitrable (clause 5(6)).
Minister's extension of time powers (clause 52): The Minister may extend time periods and dates throughout the Agreement. This gives significant flexibility in managing the project's development timeline.
State's royalty adjustment powers: Various royalty provisions (including subparagraph (viii) of clause 12(1)(h)) provide for adjustment of fixed per-ton royalties in line with movements in specified price indices.
By-law making power (section 4): The Governor, on recommendation of the Company, may make by-laws for the purposes of the Agreement. By-laws may prescribe penalties not exceeding $100 for breach, may be made with binding force of law, and must be laid before Parliament within 6 sitting days.
Arbitration powers (clause 53): Disputes between the Company and the State may be referred to arbitration. The arbitrator may grant interim extensions of time. Arbitral awards on proposal disputes may take effect as deemed Ministerial approval.
Penalties and enforcement
The Agreement does not contain general penalty provisions directly enforceable in criminal law. By-laws made under section 4 may carry penalties of up to $100.
The primary enforcement mechanism is the Agreement's termination provisions: if the Company fails to comply with obligations (including failure to have proposals approved within required timeframes, failure to commence construction, or failure to submit required notices), the Agreement may cease and determine. On determination, the Company's rights under the mineral lease and other Agreement rights also terminate.
The arbitration clause (clause 53) provides the dispute resolution mechanism. Either party may refer disputes to arbitration. The arbitrator's award is binding.
The Agreement at clause 3(2)(c) expressly provides that no future Act of the State will increase the Company's royalty or rental obligations. This operates as a constitutional-style protection against unilateral legislative variation of financial obligations.
Process and timelines
The Agreement is structured around a series of conditional timelines tied to "year" references (e.g., year 1 = the financial year next following the commencement date, 30 June 1972):
Year 2: Company must apply for the mineral lease or the Agreement terminates.
Year 6: Company must elect metallised agglomerates or steel pathway and submit initial proposals.
Year 8: Submission of expansion proposals and commencement of first stage of metallised agglomerate plant (if elected).
Year 10, Year 12: Further staged expansion milestones for downstream processing.
After ownership trigger events (clause 5(1)):
Within 3 years: Company must submit detailed infrastructure development proposals.
Within 3 years and 5 months: All proposals must be approved/determined or the Minister may give 12 months' notice of intention to terminate.
Within 2 years of all proposals being approved: Company must construct infrastructure to enable 1,000,000 ton per annum shipment.
Variation agreement timelines: Each variation agreement has its own commencement date. Section 4A (royalty rate changes) commenced with the Iron Ore Agreements Legislation Amendment Act 2010 Part 6. The 2024 Variation Agreement is ratified by section 4E, inserted by No. 38 of 2024.
Interactions with other law
Government Agreements Act 1979 (WA): The variation agreements (particularly the 1987 Variation Agreement under section 3B) operate without limiting or otherwise affecting the Government Agreements Act 1979. That Act provides a general framework for WA state agreements.
Mining Act 1904 (WA) (since replaced): The mineral lease and rights of occupancy are granted under section 276 of the Mining Act 1904. Section 3(4) of the Ratifying Act disapplies certain Mining Act provisions (section 277(5)) in relation to renewals of rights of occupancy.
Land Act 1933 (WA): Special leases and other land grants are made under the Land Act, as modified by the Agreement.
Public Works Act 1902 (WA): Section 3(3) disapplies section 96 of the Public Works Act to railways constructed under the Agreement. The State may use its resumption powers under the Public Works Act for purposes of the Agreement (clause 3(2)(d)).
Environmental Protection Act 1986 (WA): Clause 30 expressly preserves all environmental requirements applicable to the Company's operations.
Native Title Act 1993 (Cth): The iron ore tenements and infrastructure covered by the Agreement overlap with areas in which native title has been recognised or claimed. The Banjima and Yinhawangka proceedings addressed the interaction between State agreement-based tenements and native title in the Pilbara.
Iron Ore Agreements Legislation Amendment Act 2010 (WA) Part 6: Directly amended the royalty rates in clause 12(1)(h) of the Agreement; also the basis for section 4A of the Ratifying Act.
Gotchas
Ownership trigger conditions (clause 5(1)): Many of the Company's most significant development obligations (infrastructure proposals, downstream processing obligations) are conditional on the Company ceasing to be majority-owned by Hamersley or its associates. Where the Company remains majority Hamersley-controlled, the development triggers in clause 5(1) have not been activated in the same way. Practitioners need to check current ownership structures against the Agreement's conditions.
Protection against royalty increases is limited: While clause 3(2)(c) protects the Company against future legislation increasing royalty rates, the variation agreement mechanism allows the State and Company to agree changes, and Parliament can ratify those changes. The 2010 royalty rate increases under section 4A demonstrate this pathway.
Termination is a real risk: Unlike many commercial contracts, termination of a state agreement does not simply result in damages; it terminates the Company's entitlement to mine, operate infrastructure, and conduct all operations under the Agreement. The multi-stage proposal and approval process creates numerous points at which the Agreement could theoretically terminate.
Arbitration does not cover all disputes: The Minister's decision on port location and port development for general use is expressly made final and not arbitrable (clause 5(6)). Practitioners advising the Company on port-related disputes must note this limit.
f.o.b. revenue definition is complex: The determination of what costs can be deducted from the sale price to calculate f.o.b. revenue involves ongoing judgments by the Minister and potential disputes. Items (1)-(7) of the definition are subject to the Minister's determination of what was "properly incurred"; items not covered by those categories require the Minister's discretionary determination.
By-laws are not subject to usual review: By-laws made under section 4 of the Ratifying Act are not subject to section 36 of the Interpretation Act 1918 (the usual review and disallowance requirements), but must be laid before Parliament within 6 sitting days.
Practical examples
Royalty calculation for direct shipping ore shipment: A shipment of direct shipping ore is sold for $120 per tonne f.o.b. (after allowed deductions). The royalty rate is 7.5% of f.o.b. revenue, so the royalty is $9.00 per tonne. The minimum royalty floor of 60 cents per tonne is well below the calculated amount and does not apply here. The royalty is due in the financial year in which shipment or sale occurs.
Infrastructure proposal dispute: The Company submits detailed proposals for a new port facility, which the Minister wishes to alter. The Minister must give notice of the desired alterations within 2 months. The Company may then elect within 2 months to refer the dispute to arbitration. If arbitration is decided against the Company on port location, the Minister's decision is final (clause 5(6)). If the dispute is on other aspects of port development, the arbitrator's award may substitute for Ministerial approval.
Ownership change trigger: If Rio Tinto (or another major corporate owner through the Hamersley lineage) restructures so that the majority of the Company's shares are held by entities other than Hamersley or Hamersley associates, the clause 5(1)(a) trigger is activated. The Company then has 3 years to submit comprehensive development proposals to the Minister.
Native title considerations: Any new tenement application, lease grant, or infrastructure development under the Agreement in areas overlapping with the Banjima or Yinhawangka native title determinations requires consideration of the Native Title Act 1993, including future act processes. The Agreement itself does not exempt the Company from native title requirements.
Iron Ore Agreements Legislation Amendment Act 2010
Company has the same meaning as it has in, and for the purposes of, the Agreement.
[Section 2 amended: No. 94 of 1976 s. 2; No. 26 of 1987 s. 4; No. 61 of 2010 s. 12; No. 61 of 2011 s. 12; No. 38 of 2024 s. 19.]
3. Ratification of Agreement
(1) The Agreement is ratified.
(2) Notwithstanding any other Act or law, and without limiting the effect of subsection (1) —
(a) the Company shall be allowed to enter upon the Crown lands mentioned in paragraph (b) of clause 2 of the Agreement, to the extent and for the purposes provided in that paragraph;
(b) the provisions of subclause (2) of clause 3 of the Agreement shall take effect.
(3) The provisions of section 96 of the Public Works Act 1902 do not apply to any railway constructed pursuant to the Agreement.
(4) The provisions of section 277(5) of the Mining Act 19041 do not apply to any renewal of the rights of occupancy granted pursuant to subclause (1) of clause 4 of the Agreement.
3A. Ratification of Variation Agreement
The 1976 Variation Agreement is ratified.
[Section 3A inserted: No. 94 of 1976 s. 3; amended: No. 26 of 1987 s. 5.]
3B. 1987 Variation Agreement
(1) The 1987 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the 1987 Variation Agreement shall operate and take effect notwithstanding any other Act or law.
[Section 3B inserted: No. 26 of 1987 s. 6.]
4A. Variation of Agreement to increase rates of royalty
(1) Clause 12(1)(h) 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 “fifteen (15) cents per ton;” and inserting —
5.625% of the f.o.b. revenue (computed as aforesaid);
(c) in subparagraph (iv) by deleting “fifteen (15) cents per ton;” and inserting —
5% of the f.o.b. revenue (computed as aforesaid);
(2) Clause 12(1)(h)(ii), (iii) and (iv) of the Agreement as varied by subsection (1) 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.
(3) Nothing in this section affects the amount of royalty payable under clause 12 of the Agreement in respect of any period before the commencement of the Iron Ore Agreements Legislation Amendment Act 2010 Part 6.
[Section 4A inserted: No. 34 of 2010 s. 13.]
4B. 2010 Variation Agreement
(1) The 2010 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the Government Agreements Act 1979, the 2010 Variation Agreement is to operate and take effect despite any other Act or law.
[Section 4B inserted: No. 61 of 2010 s. 13.]
4C. State empowered under clause 20E(9)(a)
The State has power in accordance with clause 20E(9)(a) of the Agreement.
[Section 4C inserted: No. 61 of 2010 s. 13.]
4D. 2011 Variation Agreement
(1) The 2011 Variation Agreement is ratified and its implementation is authorised.
(2) Without limiting or otherwise affecting the Government Agreements Act 1979, the 2011 Variation Agreement is to operate and take effect despite any other Act or law.
[Section 4D inserted: No. 61 of 2011 s. 13.]
4E. 2024 Variation Agreement
(1) The 2024 Variation Agreement is ratified.
(2) The implementation of the 2024 Variation Agreement is authorised.
(3) Without limiting or otherwise affecting the application of the Government Agreements Act 1979, the 2024 Variation Agreement operates and takes effect despite any enactment or other law.
[Section 4E inserted: No. 38 of 2024 s. 20.]
4. By‑laws
(1) The Governor may upon the recommendation of the Company make, alter and repeal by‑laws for the purposes of, and in accordance with, the Agreement.
(2) By‑laws made pursuant to this section —
(a) shall be published in the Government Gazette; and
(b) take effect and have the force of law from the date they are so published or from such later date as is fixed by the by‑laws; and
(c) may prescribe penalties not exceeding $100 for breach of any of the by‑laws; and
(d) are not subject to the provisions of section 36 of the Interpretation Act 1918 2, but the by‑laws shall be laid before each House of Parliament within 6 sitting days of the House next following the publication of the by‑laws in the Government Gazette.
First Schedule — Iron Ore (Mount Bruce) Agreement
[s. 2]
[Heading amended: No. 19 of 2010 s. 4.]
THIS AGREEMENT under Seal 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 (hereinafter called “the State”) of the one part and MOUNT BRUCE MINING PTY. LIMITED a company incorporated under the Companies Act 1961 of the said State and having its registered office at 191 St. George’s Terrace Perth (hereinafter called “the Company” which expression will include the successors and assigns of the Company) of the other part.
WHEREAS —
(a) The Company and Hamersley are satisfied from investigations which prior to 1971 cost over three million dollars ($3,000,000), that the mining areas defined in clause 1 hereof contain iron ore of tonnages and grades sufficient to warrant economic recovery and marketing;
(b) The Company agrees that investigations should be made with a view to the establishment of a plant for the production of metallised agglomerates or a plant for the production of steel with a view to its being in a position to submit to the State proposals for such establishment as are hereinafter provided.
NOW THIS AGREEMENT WITNESSETH —
In this Agreement subject to the context —
“approve” “approval” “consent” or “direct” means approve, approval, consent or direct in writing as the case may be;
“associated company” means —
(a) any company notified in writing by the Company to the Minister which is incorporated in the United Kingdom the United States of America or the Commonwealth of Australia and which is —
(i) a subsidiary of the Company within the meaning of the term “subsidiary” in section 6 of the Companies Act 1961;
(ii) promoted by the Company for all or any of the purposes of this Agreement and in which the Company holds not less than two million dollars ($2,000,000) of the issued ordinary share capital;
(iii) a company in which the Company or Hamersley holds not less than twenty per cent (20%) of the issued ordinary share capital; or
(iv) a company which is related within the meaning of that term in the aforesaid section to the Company or to any company in which the Company holds not less than twenty per cent (20%) of the issued ordinary share capital; and
(b) any company approved in writing by the Minister for the purposes of this Agreement which is associated directly or indirectly with the Company in its business or operations hereunder;
“associated company of Hamersley” means —
(a) a company defined as an “associated company” within the meaning of the Agreement a copy of which is set out in the First Schedule to the Iron Ore (Hamersley Range) Agreement Act 1963‑1968; or
(b) any company approved in writing by the Minister as an associated company of Hamersley for the purposes of this Agreement;
“the commencement date” means the 30th day of June, 1972.
“Commonwealth” means the Commonwealth of Australia and includes the Government for the time being thereof;
“Company’s wharf” means any wharf constructed by or on behalf of the Company pursuant to this Agreement for the shipment of ore from the mineral lease any wharf established by Hamersley at Dampier in the said State or any temporary wharf for the time being approved by the Minister as the Company’s wharf for the purposes hereof during the period to which such approval relates;
“Dampier” includes East Intercourse Island;
“direct shipping ore” means iron ore which has an average pure iron content of not less than sixty per cent (60%) which will not pass through a one half (½) inch mesh screen and which is sold without concentration or other beneficiation other than crushing and screening;
“financial year” means a year commencing on and including the 1st day of July;
“fine ore” means iron ore which has an average pure iron content of not less than sixty per cent (60%) which will pass through a one half (½) inch mesh screen and which is sold without concentration or other beneficiation other than crushing and screening;
“fines” means iron ore (not being direct shipping ore or fine ore) which will pass through a one half (½) inch mesh screen;
“f.o.b. revenue” means the price for iron ore from the mineral lease the subject of any shipment or sale which is payable by the purchaser thereof to the Company or an associated company, less all export duties and export taxes of all kinds whatsoever and less all costs and charges properly incurred and payable by the Company to the State or a third party from the time the ore shall be placed on ship at the Company’s wharf to the time the same is delivered and accepted by the purchaser, including —
(1) ocean freight;
(2) marine insurance;
(3) port and handling charges at the port of discharge;
(4) costs of delivering the ore from port of discharge to the smelter;
(5) weighing, sampling, assaying, inspection and representation costs incurred on discharge or delivery;
(6) shipping agency charges;
(7) import taxes by the country of the port of discharge; and
(8) such other costs and charges at the Minister may in his discretion consider reasonable in respect of any shipment or sale.
For the purposes of this definition —
(a) The Minister may (in respect of costs or charges as set out in items (1) to (7) inclusive of this definition) notify the Company in writing that in respect of any shipment or sale he does not regard a cost or charge as having been properly incurred and in such case the Company may refer the matter to arbitration hereunder and unless and until such matter is resolved in favour of the Company, such cost or charge shall not be deemed to have been properly incurred.
(b) Notwithstanding anything contained in this definition to the contrary, a cost or charge as set out in items (1) to (7) inclusive of this definition shall not (unless the Minister so determines in accordance with the provisions of paragraph (c) of this definition) be deemed to be properly incurred if such charge is directly or indirectly imposed upon or incurred by the Company or an associated company pursuant to an arrangement entered into between the Company and the State.
(c) Costs or charges other than those set out in items (1) to (7) inclusive of this definition and costs and charges to which paragraph (b) of this definition applies shall be deemed to be properly incurred if the Minister in his discretion so determines and in making his determination the Minister shall have regard to such matters as the parties to and the bona fide nature of the transaction resulting in the cost or charge.
“Hamersley” means Hamersley Iron Pty. Limited a company incorporated under the Companies Act 1961 of the State of Victoria;
“integrated iron and steel industry” means an industry for the manufacture of iron and steel or for the manufacture of steel from iron ore by a process which does not necessarily involve the production of pig iron or basic iron in the production of steel;
“iron ore concentrates” means products (whether in pellet or other form) resulting from secondary processing but does not include metallised agglomerates;
“Land Act” means the Land Act 1933;
“mineral lease” means the mineral lease referred to in sub‑clause (2) of clause 4 hereof and includes any renewal thereof;
“Mining Act” means the Mining Act 1904;
“mining areas” means the areas delineated and coloured red on the plan marked “A” initialled by or on behalf of the parties hereto for the purpose of identification;
“Minister” means the Minister in the Government of the said State for the time being responsible (under whatsoever title) for the administration of the Ratifying Act and pending the passing of that Act means the Minister for the time being designated in a notice from the State to the Company and includes the successors in office of the Minister;
“metallised agglomerates” means products resulting from the reduction of iron ore or iron ore concentrates by any method whatsoever and having an iron content of not less than eighty‑five percent (85%);
“month” means calendar month;
“notice” means notice in writing;
“ore” means iron ore;
“person” or “persons” includes bodies corporate;
“port” means the port or harbour developed or to be developed pursuant to this Agreement and shall include such adjacent land area to serve the Company’s wharf but shall not include the port established by Hamersley at Dampier nor such adjacent land as is leased by Hamersley to serve that port;
“port townsite” means the townsite determined pursuant to this Agreement to be expanded and developed near the port;
“Ratifying Act” means the Act to ratify this Agreement and referred to in clause 3 hereof;
“said State” means the State of Western Australia;
“secondary processing” means concentration or other beneficiation of iron ore other than by crushing or screening and includes thermal electrostatic magnetic and gravity processing and pelletisation and the production of metallised agglomerates;
“special lease” means
This is an opening excerpt, not the complete document.