What it does
The Nickel (Agnew) Agreement Act 1974 (WA) is a piece of State legislation that ratifies a long-term contractual arrangement between the State of Western Australia and two mining companies (originally Western Selcast (Pty) Limited and Mount Isa Mines Limited, now succeeded by BHP Nickel West Pty Ltd as the sole Joint Venturer). The Act gives force of law to the Nickel (Agnew) Agreement (First Schedule), as amended by a 1976 Variation Agreement (Second Schedule) and a 2022 variation agreement (Third Schedule). Through sections 3, 3A and 3B, each of those agreements is expressly ratified, and section 4 empowers the Governor to make by‑laws for the purposes of clause 18 of the Agreement (townsite and town development).
The core purpose is to establish a legal framework for the mining and treatment of nickel ore reserves in the Agnew area (Leinster region) of Western Australia. The Agreement (as defined in section 2) sets out detailed obligations on both the State and the Joint Venturers covering exploration, mine development, construction of concentrating and smelting facilities, road and rail transport, water supply, electricity generation, port facilities, housing and town services, royalties, environmental protection, and ultimately mine closure. The 2022 variation agreement, ratified by the Nickel (Agnew) Agreement Amendment Act 2023, substantially modernises the framework. It permits the Joint Venturers to treat non‑mineral lease ore and blend non‑Agreement nickel concentrates at the Leinster concentrator (new clause 6B, and detailed in new subclauses (9)-(14) of clause 8). It also introduces requirements for a community development plan (clause 10A), a local participation plan (clause 10B), and a mine closure plan (new subclauses (9)-(14) of clause 15), and it deletes several outdated provisions relating to railways, port infrastructure and electricity supply, acknowledging that those activities will now be conducted under general laws (see amendments to clauses 12, 20 and 13). The Act operates notwithstanding any other enactment or law (see section 3B(3) for the 2022 variation agreement, and clause 4(3) of the original Agreement).