Sch Schedule 4Third Variation Agreement

Schedule 4 — Third Variation Agreement [Heading inserted: No. 38 of 2024 s. 29.] **2024** **THE HONOURABLE ROGER COOK PREMIER OF THE STATE OF WESTERN AUSTRALIA** **HAMERSLEY IRON** ‑ **YANDI PTY LIMITED ACN 009 181 793** **HAMERSLEY IRON PTY. LIMITED ACN 004 558 276** **RATIFIED VARIATION AGREEMENT** [Solicitor’s details] **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**") **HAMERSLEY IRON ‑ YANDI PTY LIMITED** ACN 009 181 793 of Level 18, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia (**Company**) **HAMERSLEY IRON PTY. LIMITED** ACN 004 558 276 of Level 18, Central Park, 152‑158 St Georges Terrace, Perth, Western Australia (**Hamersley**). **RECITALS** **A.** The State, the Company and Hamersley are the parties to the agreement dated 22 October 1996 ratified by and scheduled to the *Iron Ore (Yandicoogina) Agreement Act 1996* and which as subsequently added to, varied or amended is referred to in this Agreement as the "**Principal Agreement**". **B.** The State, the Company and Hamersley wish to vary the Principal Agreement. **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:<br>[Signature]<br>Signature of witness<br>SARAH GWEN KEEGAN<br>Name of witness | )<br>)<br>) | [Signature] | | **EXECUTED** by<br>**HAMERSLEY IRON** ‑ **YANDI PTY LIMITED** ACN 009 181 793 in accordance with section 127(1) of the *Corporations Act 2001* (Cth)<br>[Signature]<br>Director<br>[Signature]<br>~~Director~~/Secretary | )<br>)<br>)<br>)<br>) | SIMON RICHMOND<br>SOWMYA KOLLI | | **EXECUTED** by<br>**HAMERSLEY IRON PTY. LIMITED** ACN 004 558 276 in accordance with section 127(1) of the *Corporations Act 2001* (Cth)<br>[Signature]<br>Director<br>[Signature]<br>~~Director~~/Secretary | )<br>)<br>)<br>)<br>) | SIMON RICHMOND<br>SOWMYA KOLLI | [Schedule 4 inserted: No. 38 of 2024 s. 29.] ![]() Notes This is a compilation of the *Iron Ore (Yandicoogina) Agreement Act 1996* 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 (Yandicoogina) Agreement Act 1996* | 65 of 1996 | 11 Nov 1996 | 11 Nov 1996 (see s. 2) | | **Reprint 1: The *Iron Ore (Yandicoogina) Agreement Act 1996* as at 7 May 2004** | | | | | *Iron Ore Agreements Legislation Amendment Act (No. 2) 2010* Pt. 6 | 61 of 2010 | 10 Dec 2010 | 11 Dec 2010 (see s. 2(c)) | | *Iron Ore Agreements Legislation Amendment Act 2011* Pt. 6 | 61 of 2011 | 14 Dec 2011 | 15 Dec 2011 (see s. 2(b)) | | *Iron Ore Agreements Legislation Amendment Act 2024* Pt. 7 | 38 of 2024 | 29 Oct 2024 | 30 Oct 2024 (see s. 2(b)) | 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 3 the First Variation Agreement 3 the Second Variation Agreement 3 the Third Variation Agreement 3 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