Sch NinthEighth variation agreement

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Ninth Schedule — Eighth variation agreement [Heading inserted: No. 38 of 2024 s. 25.] **2024** **THE HONOURABLE ROGER COOK PREMIER OF THE STATE OF WESTERN AUSTRALIA** **ROBE RIVER LIMITED ACN 008 478 493** **ROBE RIVER MINING CO. PTY. LTD. ACN 008 694 246** **MITSUI IRON ORE DEVELOPMENT PTY LTD ACN 008 734 361** **NORTH MINING LIMITED ACN 000 081 434** **NIPPON STEEL AUSTRALIA PTY. LIMITED ACN 001 445 049** **NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD ACN 001 444 604** **RATIFIED VARIATION AGREEMENT** **THIS AGREEMENT** is made this 26 day of August 2024 **THE HONOURABLE ROGER COOK** MLA., Premier of the State of Western Australia, acting for and on behalf of the said State and instrumentalities from time to time (the "**State**") **ROBE RIVER LIMITED** ACN 008 478 493 of Level 18, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia (**RRL**) **ROBE RIVER MINING CO. PTY. LTD.** ACN 008 694 246 of Level 18, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia (**RRMC**), **MITSUI IRON ORE DEVELOPMENT PTY LTD** ACN 008 734 361 of Level 26, Exchange Plaza, 2 The Esplanade, Perth, Western Australia (**Mitsui**), **NORTH MINING LIMITED** ACN 000 081 434 of Level 18, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia (**NML**), **NIPPON STEEL AUSTRALIA PTY. LIMITED** ACN 001 445 049 of Level 14, 115 Pitt Street, Sydney, New South Wales, **NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD** ACN 001 444 604 of Level 14, 115 Pitt Street, Sydney, New South Wales, and the said **MITSUI IRON ORE DEVELOPMENT PTY LTD** which 3 companies carry on business under the name of **Cape Lambert Iron Associates** (**CLIA**), and the said **NIPPON STEEL AUSTRALIA PTY. LIMITED** and **NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD** which 2 companies carry on business together under the name **Pannawonica Iron Associates** (**PIA**). (RRMC, Mitsui, NML, CLIA and PIA are collectively referred to in this Agreement as the **Robe Participants**.) **RECITALS** **A.** The State, RRL and the Robe Participants are now the parties to the agreement dated 18 November 1964 approved by and scheduled to the *Iron Ore (Robe River) Agreement Act 1964* and which as subsequently added to, varied or amended is referred to in this Agreement as the "**Principal Agreement**". **B.** The parties wish to vary the Principal Agreement. **THE PARTIES AGREE AS FOLLOWS:** **1. Ratification and operation** (1) This Agreement, other than this clause, does not come into operation except in accordance with subclause (2). (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 30 September 2024 or a later date agreed between 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 2024 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. **2.** **Variations of the Principal Agreement** Clause 1 of the Principal Agreement is varied by inserting after paragraph (f) in the definition of "Integration Agreement" the following paragraph: "(g) the agreement authorised by and as scheduled to the *Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972*, as from time to time added to, varied or amended; or", and renumbering the following paragraphs of that definition accordingly. | **SIGNED** by **THE HONOURABLE ROGER COOK** in the presence of: [Signature] Signature of witness SARAH GWEN KEEGAN Name of witness | ) ) ) | [Signature] | | **EXECUTED** by **ROBE RIVER LIMITED** ACN 008 478 493 in accordance with section 127(1) of the *Corporations Act 2001* (Cth): [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) | SIMON RICHMOND SOWMYA KOLLI | | **EXECUTED** by **ROBE** **RIVER MINING CO. PTY. LTD.** ACN 008 694 246 in accordance with section 127(1) of the *Corporations Act 2001* (Cth): [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) | SIMON RICHMOND SOWMYA KOLLI | | **EXECUTED** by **MITSUI IRON ORE DEVELOPMENT PTY LTD** ACN 008 734 361 in accordance with section 127(1) of the *Corporations Act 2001* (Cth): [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) | TORU KOJIMA INNES DEAKIN | | **EXECUTED** by **NORTH MINING** **LIMITED** ACN 000 081 434 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) | SIMON RICHMOND SOWMYA KOLLI | | **CAPE LAMBERT IRON ASSOCIATES** **EXECUTED** by **NIPPON STEEL AUSTRALIA PTY. LIMITED** ACN 001 445 049 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) by authority of the Directors in the presence of: [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) ) | KEIGO GOHDA YUJIN SUZUKI | | **EXECUTED** by **NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD** ACN 001 444 604 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) by authority of the Directors in the presence of: [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) ) | KEIGO GOHDA YUJIN SUZUKI | | **EXECUTED** by **MITSUI IRON ORE DEVELOPMENT PTY LTD** ACN 008 734 361 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) | TORU KOJIMA INNES DEAKIN | | **PANNAWONICA IRON ASSOCIATES** **EXECUTED** by **NIPPON STEEL AUSTRALIA PTY. LIMITED** ACN 001 445 049 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) by authority of the Directors in the presence of: [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) ) | KEIGO GOHDA YUJIN SUZUKI | | **EXECUTED** by **NIPPON STEEL RAW MATERIALS AUSTRALIA PTY LTD** ACN 001 444 604 in accordance with section 127(1) of the *Corporations Act 2001* (Cth) by authority of the Directors in the presence of: [Signature] Director [Signature] ~~Director~~/Secretary | ) ) ) ) ) ) | KEIGO GOHDA YUJIN SUZUKI | [Ninth Schedule inserted: No. 38 of 2024 s. 25.] ![dline]() Notes This is a compilation of the *Iron Ore (Robe River) Agreement Act 1964* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. Compilation table | **Short title** | | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | --- | | *Iron Ore (Cleveland Cliffs) Agreement Act 1964* 4 | 91 of 1964 (13 Eliz. II No. 91) | 14 Dec 1964 | 14 Dec 1964 | | | *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4-9: 21 Dec 1965 (see s. 2(1)); s. 4-9: 14 Feb 1966 (see s. 2(2)) | | | *Iron Ore (Cleveland-Cliffs) Agreement Act Amendment Act 1969* | 79 of 1969 (Repealed by No. 35 of 1970 5) | 7 Nov 1969 | 7 Nov 1969 | | | *Iron Ore (Cleveland-Cliffs) Agreement Act Amendment Act 1970* | 35 of 1970 | 27 May 1970 | 27 May 1970 | | | *Iron Ore (Cleveland-Cliffs) Agreement Act Amendment Act 1973* | 68 of 1973 | 28 Nov 1973 | Act other than s. 3, 4 and 6: 28 Nov 1973 (see s. 2(1)); s. 3, 4 and 6: 30 Apr 1984 (see s. 2(2) and Act No. 37 of 1984 s. 4) | | | *Iron Ore (Cleveland-Cliffs) Agreement Amendment Act 1984* | 37 of 1984 | 20 Jun 1984 | 20 Jun 1984 | | | *Iron Ore (Cleveland-Cliffs) Agreement Amendment Act 1985* | 95 of 1985 | 4 Dec 1985 | 4 Dec 1985 (see s. 2) | | | *Iron Ore (Cleveland-Cliffs) Agreement Amendment Act 1987* | 87 of 1987 | 9 Dec 1987 | 9 Dec 1987 (see s. 2) | | | **Reprint of the *Iron Ore (Robe River) Agreement Act 1964* as at 3 Aug 2001** (includes amendments listed above) | | | | | | *Standardisation of Formatting Act 2010* s. 4 and 42(2) | 19 of 2010 | 28 Jun 2010 | 11 Sep 2010 (see s. 2(b) and *Gazette* 10 Sep 2010 p. 4341) | | | *Iron Ore Agreements Legislation Amendment Act 2010* Pt. 10 | 34 of 2010 | 26 Aug 2010 | 1 Jul 2010 (see s. 2(b)(ii)) | | | *Iron Ore Agreements Legislation Amendment Act (No. 2) 2010* Pt. 3 | 61 of 2010 | 10 Dec 2010 | 11 Dec 2010 (see s. 2(c)) | | | *Iron Ore Agreements Legislation Amendment Act 2011* Pt. 3 | 61 of 2011 | 14 Dec 2011 | 15 Dec 2011 (see s. 2(b)) | | | **Reprint 2: The *Iron Ore (Robe River) Agreement Act 1964* as at 3 Jan 2014** (includes amendments listed above) | | | | | | *Iron Ore Agreements Legislation Amendment Act 2024* Pt. 6 | 38 of 2024 | 29 Oct 2024 | 30 Oct 2024 (see s. 2(b)) | | Other notes 1 The *Mining Act 1904* was repealed by the *Mining Act 1978*. 2 The *Interpretation Act 1918* was repealed by the *Interpretation Act 1984*. 3 Marginal notes in the agreement have been represented as bold headnotes in this compilation but that does not change their status as marginal notes. 4 Now known as the *Iron Ore (Robe River) Agreement Act 1964*; short title changed (see note under s. 1). 5 See s. 2A. Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** Agreement 2, 4A(1) Company 2 eighth variation agreement 2 fifth variation agreement 2 first variation agreement 2 fourth variation agreement 2 second variation agreement 2 seventh variation agreement 2 sixth variation agreement 2 third variation agreement 2 This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2024. By Authority: GEOFF O. LAWN, Government Printer