North West Gas Development (Woodside) Agreement Act 1979

The Act is built around several foundational concepts that are defined in clause 1 of the principal Agreement and refined through the supplementary agreements. The “overall project” means the project referred to and contemplated in the recitals to the principal Agreement: offshore production of natural gas and condensate, an onshore treatment and liquefaction plant, associated pipelines, port facilities, and sales of treated natural gas within Australia and liquefied natural gas overseas. The “Joint Venturers” are the original parties (Woodside Petroleum Development Pty. Ltd., Woodside Oil Ltd., Mid‑Eastern Oil Ltd., North West Shelf Development Pty. Ltd., BP Petroleum Development Australia Proprietary Limited and California Asiatic Oil Co.) and their successors, permitted assigns and appointees. The First Supplementary Agreement introduced a critical structural split: the project was reorganised into two separate ventures with different ownership , the “Domgas Venture” (focused on domestic gas supply to Western Australia) and the “LNG Venture” (focused on liquefied natural gas for export). This required the creation of new defined terms: “Domgas Property”, “LNG Property” and “Common Property” (shared facilities). Each category of property carries distinct rights, obligations and liability allocations. The “Domgas Joint Venturers” and “LNG Joint Venturers” are separately identified, each with initial percentage interests set out in the First Supplementary Agreement. The concept of “approved proposals” is central: the Joint Venturers must submit detailed proposals for all aspects of the project (treatment plant, roads, port facilities, water supply, housing, power supply, leases, airport, environmental management) to the Minister for approval. The Minister may approve, defer, or require alterations subject to arbitration. Once approved, the proposals are binding and must be implemented within specified timeframes. The “commencement date” is the date the ratifying Bill comes into operation as an Act. “Constructional phase” and “operational phase” define the two main periods of the project. “Special borrowings” are moneys borrowed with approval of the Australian Loan Council by State authorities and local authorities, and several infrastructure provisions (water, power, port) contemplate financing through such borrowings, with the Joint Venturers required to recoup the costs through charges. The Second Supplementary Agreement introduced new priority concepts: “First Priority Gas” (domestic supply obligations derived from the former State Energy Commission contracts), “Export Gas” (a reserved quantity of up to 198 billion cubic metres for overseas sale), and “Third Priority Gas” (additional reserves reserved for consumption within Western Australia). The Fourth Supplementary Agreement (Schedule 5) added the “Domgas Commitment” , an ongoing obligation requiring the Joint Venturers to market and make available New Domgas equal to at least 15% of the energy value of New Export Gas approved after 2014. The “Agreement Area” definition was also inserted to capture a defined set of petroleum titles. The Fifth Supplementary Agreement introduced “community development plan” and “local participation plan” concepts, requiring the Joint Venturers to prepare and implement strategies for community and social benefits and local industry participation, with annual reporting obligations.

The primary parties directly affected are the State of Western Australia (acting through the Premier and its instrumentalities such as the Water Corporation, port authority, and local government authorities) and the Joint Venturers , initially Woodside Petroleum Development Pty. Ltd., Woodside Oil Ltd., Mid‑Eastern Oil Ltd., North West Shelf Development Pty. Ltd., BP Petroleum Development Australia Proprietary Limited and California Asiatic Oil Co., and later their successors including Woodside Energy Ltd., Shell Development (Australia) Proprietary Limited (now Shell Australia Pty Ltd), BHP Billiton Petroleum (North West Shelf) Pty. Ltd., BP Developments Australia Pty. Ltd., Chevron Australia Pty Ltd and Japan Australia LNG (MIMI) Pty. Ltd. The First Supplementary Agreement restructured the Joint Venturers into two groups: the Domgas Joint Venturers and the LNG Joint Venturers, each with separate but overlapping obligations. The State Energy Commission (later disaggregated into the Electricity Corporation and the Gas Corporation under the Second Supplementary Agreement) was a key counterparty for gas sales agreements. The Third Supplementary Agreement added BHP Direct Reduced Iron Pty. Ltd. as a buyer under the BHP DRI Contract. The “Replacement Buyers” under the Second Supplementary Agreement include the Electricity Corporation, the Gas Corporation, Alcoa of Australia Limited, Hamersley Iron Pty. Limited and Robe River Mining Co. Pty. Ltd. and each other Robe River Iron Associates participant. Local authorities, particularly the Shire of Roebourne and the future port authority, are affected by provisions relating to airport facilities, port charges, and zoning. The “Joint Venturers’ workforce” (employees and dependants) are affected by housing and township provisions in clause 14, which require the Joint Venturers to provide suitable accommodation in Karratha and other localities, and the State to provide schools, hospitals and police facilities. The general public in Western Australia are indirectly affected through the domestic gas supply commitments , the Domgas Commitment in the Fourth Supplementary Agreement ensures that a proportion of gas processed is made available for the Western Australian domestic market. Third party users of port facilities (clause 13(10)) and users of public roads (clause 15) are also affected, as the Joint Venturers are required not to unreasonably refuse third party access to the offshore servicing facility and general cargo facility, subject to not significantly prejudicing their own operations. The Commonwealth is not a party to the Agreement but is relevant through section 6 of the Act, which authorises certain conduct under the Trade Practices Act, and through clause 35 which requires the Joint Venturers to apply for Commonwealth licences and consents, and the State to make representations to the Commonwealth in support of those applications.

The Agreement imposes a balanced set of duties and rights on both the State and the Joint Venturers. The State’s primary duties include: introducing and sponsoring the ratifying Bill in Parliament (clause 3 of the principal Agreement); allowing the Joint Venturers to enter upon Crown lands to the extent reasonably necessary; enacting port authority legislation (clause 13(1)); constructing or causing construction of sealed public roads connecting onshore and port facilities, with the State contributing up to $1,000,000 (clause 15(2)); maintaining public roads to a standard comparable to similar roads (clause 15(3)); providing school, hospital and police facilities of a permanent nature in Karratha (clause 14(2)); designing, constructing and operating water supply works (clause 18); granting leases, licences and easements in accordance with approved proposals (clause 19); ensuring land is zoned appropriately and not subject to discriminatory rates or charges (clauses 21, 22, 23); and not resuming Joint Venturers’ property without consent (clause 24). The State also has a right to determine the Agreement for material default, abandonment or liquidation (clause 30), and to suspend LNG export approvals if the Joint Venturers fail to meet the Domgas Commitment (new clause 46A(9) introduced by the Fourth Supplementary Agreement). The Joint Venturers’ duties include: continuing feasibility studies and advising the Minister at quarterly intervals (clause 5); notifying intention to proceed by 11 December 1979 (clause 6); submitting proposals within six months of that notice (clause 7); implementing approved proposals so that the treatment plant first produces saleable product within five years (clause 10); carrying out ongoing environmental monitoring and reporting (clause 11); using local professional services, labour and materials as far as reasonable and economically practicable (clause 12), a duty that was significantly expanded by the Fifth Supplementary Agreement with the introduction of a local participation plan (clause 11B); constructing and operating port facilities, dredging and navigational aids (clause 13); providing accommodation for their workforce in Karratha (clause 14); constructing and maintaining private roads (clause 15); conferring with the State Energy Commission on power requirements (clause 17); and paying for water supply costs and charges (clause 18). The Joint Venturers also have important rights: to assign interests to each other or to associated companies as of right, or to others with Ministerial consent not to be unreasonably withheld (clause 26); to extend periods or vary dates at the Minister’s discretion (clause 29); to refer disputes to arbitration (clause 38); to sell gas to the State Energy Commission and to market gas in the Pilbara (clause 42, as amended); and to be exempt from the Gas Undertakings Act 1947 when acting under the Agreement (clause 43). The Domgas Commitment in clause 46A imposes a significant ongoing duty: the Joint Venturers must actively market New Domgas, maintain Domgas Facilities in an operational state, reserve sufficient gas, and provide annual reports. Failure can lead to suspension of LNG export approvals.

The Agreement does not prescribe criminal penalties or fines for breach. Instead, enforcement is primarily contractual and statutory, with two main mechanisms: termination and suspension. Under clause 30(1) of the principal Agreement, if the Joint Venturers make a default that the State considers material in the performance of any covenant or obligation, or if they abandon or repudiate operations, and that default is not remedied within 180 days after notice (or within the time fixed by an arbitration award), the State may by notice determine the Agreement. The same applies if any Joint Venturer goes into liquidation (other than voluntary reconstruction) and the interest is not assigned within three months. The default notice must specify the nature of the default and be given to the Joint Venturers and any registered assignees or mortgagees. If the Joint Venturers contest the default, they have 60 days to refer the matter to arbitration. The arbitrator may set a compliance period not less than 90 days if there was a bona fide dispute and no dilatory conduct. Instead of determining the Agreement, the State may itself remedy the default and recover the actual costs as a debt payable on demand (clause 30(4)). The First Supplementary Agreement introduced separate determination regimes for the Domgas Venture and the LNG Venture: a default by the Domgas Joint Venturers results in determination only as it relates to Domgas Property and their interest in Common Property, leaving the LNG Venture intact, and vice versa (new clauses 30(1A) and 30(6)). On cessation or determination, all rights of the Joint Venturers under the Agreement and related tenures cease and determine (clause 31(1)), all moneys payable become due immediately, and unpaid special borrowings must be repaid to the relevant body. Buildings and other improvements on occupied land become the absolute property of the State without compensation, freed from all mortgages and encumbrances (clause 31(2)). The Joint Venturers may remove fixed or movable plant and equipment, but only if they give notice and grant the State a three‑month option to purchase in situ at a fair valuation (clause 31(3)). For the Domgas Commitment specifically, clause 46A(9) (inserted by the Fourth Supplementary Agreement) provides a tailor‑made enforcement mechanism: if the Minister considers that one or more Joint Venturers have defaulted in the Domgas Commitment and the default is not remedied within 180 days (or the arbitration period), the Minister may by notice suspend all or part of the approvals for export LNG that have not yet been sold under an unconditional contract. The suspension prevents the affected Joint Venturers from entering into any new arrangements for the use, supply or sale overseas of LNG in reliance on those approvals. The suspension may be lifted when the Minister is satisfied the default has been remedied or a cure plan acceptable to the Minister has been implemented (clause 46A(14)). The exercise of suspension rights is without prejudice to the State’s rights under clause 30. The general dispute resolution mechanism is arbitration under the Commercial Arbitration Act 2012 (WA), as substituted by the Fifth Supplementary Agreement (clause 38(1)). The arbitrators (or a third presiding arbitrator) are empowered to grant interim extensions of time to preserve the rights of the parties. The State also has an indemnity from the Joint Venturers for third‑party claims arising from work carried out under the Agreement (clause 34), subject to an exclusion for State negligence.

The Act’s most striking feature is its supremacy over other State laws. Section 3(2) provides that all provisions of the Agreement “shall operate and take effect notwithstanding any other Act or law”. Identical wording appears for each supplementary agreement. This means that inconsistent Western Australian legislation , whether enacted before or after the Agreement , is effectively displaced to the extent of the inconsistency, unless the Agreement itself preserves the application of that legislation. Several specific carve‑outs illustrate the limits of this override. Clause 33 of the principal Agreement states that nothing in the Agreement exempts the Joint Venturers from compliance with any requirement in connection with environmental protection that may be made under any Act from time to time in force. The Fifth Supplementary Agreement confirmed this by inserting a specific reference to the Environmental Protection Act 1986 (WA) into clause 33. The Act also interacts with Commonwealth law through section 6, which provides that anything referred to in the Agreement as authorised for the purposes of section 51(1)(b) of the Trade Practices Act 1974 (Cth) (now the Competition and Consumer Act 2010) is so authorised. The Second and Third Supplementary Agreements contain specific authorisations under that Commonwealth provision for gas sales arrangements, including the Disaggregation Contracts and the BHP DRI Contract. The Agreement itself acknowledges that the Joint Venturers hold permits under the Petroleum (Submerged Lands) Acts of the Commonwealth and the State (recital (a)), and new petroleum titles issued under later legislation such as the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) are included in the definition of “Agreement Area” introduced by the Fourth Supplementary Agreement. The Land Act 1933 (WA) is expressly modified by clause 19(2) for the purposes of the Agreement , sections 45A, 116, 135 and 143 are deemed modified to allow the State to sell or lease land to the Joint Venturers on terms that depart from the standard Land Act regime. The Local Government Act 1960 (WA) (now the Local Government Act 1995) is affected by clauses 22 and 23, which require that land the subject of the Agreement be valued on an unimproved value basis for rating purposes (except certain specified improvements) and that no discriminatory rates be imposed. The Public Works Act 1902 (WA) is used as the mechanism for resuming land required for the project, and certain sections of that Act are excluded (clause 25). The Gas Undertakings Act 1947 (WA) is declared to have no application to the Joint Venturers when acting under the Agreement or gas sales agreements (clause 43). The Machinery Safety Act 1974 (WA) is partially overridden by clause 41, which allows the Chief Inspector of Machinery to authorise the operating company to run all machinery in the treatment plant upon satisfaction as to operating standards, notwithstanding Part V of that Act. The Arbitration Act 1895 (WA) was originally the governing arbitration law, but the Fifth Supplementary Agreement substituted the Commercial Arbitration Act 2012 (WA) for disputes arising after the Second Variation Date (clause 38(1) as amended). The Agreement also interacts with general law principles: clause 47 provides for interpretation according to the law of Western Australia, and the Fifth Supplementary Agreement added a submission to the jurisdiction of the courts of Western Australia for any dispute not referred to arbitration. Importantly, the Fifth Supplementary Agreement also acknowledges (new clause 12(4)) that nothing in the Agreement limits the State’s right to enact general legislation in substitution for or modification of the local participation provisions (clauses 11B and 12). This suggests that while the Agreement overrides inconsistent specific State laws, the State retains its sovereign power to legislate generally on local participation, and such future legislation would not be overridden if it is genuinely general in nature rather than discriminatory. The Commonwealth Trade Practices Act authorisation in section 6 is a critical interaction: without it, the gas marketing arrangements (particularly the restrictions on the Electricity Corporation selling gas in the Pilbara until 2005) would likely contravene competition law. The Act therefore provides a statutory exemption from Part IV of the Trade Practices Act for conduct specifically authorised by the Agreement.

The Act has been amended five times since its enactment in 1979, each amendment corresponding to a supplementary agreement that was itself ratified by an amending Act. The original Act (No. 104 of 1979) received assent on 21 December 1979 and commenced on the same day. It ratified the principal Agreement set out in Schedule 1. The North West Gas Development (Woodside) Agreement Amendment Act 1985 (No. 45 of 1985) received assent on 18 July 1985 and commenced on 2 August 1985. It inserted section 4, ratified the First Supplementary Agreement (Schedule 2) which restructured the project into Domgas and LNG ventures and extended the term to 31 December 2025. The North West Gas Development (Woodside) Agreement Amendment Act 1994 (No. 95 of 1994) originally commenced on 4 February 1995, but the North West Gas Development (Woodside) Agreement Amendment Act 1995 (No. 33 of 1995) retrospectively altered the commencement date to 1 January 1995. This Act inserted section 5, ratified the Second Supplementary Agreement (Schedule 3) which introduced the disaggregation of the State Energy Commission, defined First Priority Gas, Export Gas and Third Priority Gas, and established the priority framework for gas allocation. It also inserted section 6 dealing with the Trade Practices Act authorisation. The North West Gas Development (Woodside) Agreement Amendment Act 1996 (No. 25 of 1996) received assent on 15 July 1996 and commenced on the same day. It inserted section 5A and ratified the Third Supplementary Agreement (Schedule 4) which added clause 41A authorising the BHP DRI Contract. The Standardisation of Formatting Act 2010 (No. 19 of 2010) made minor textual amendments to headings in Schedules 1 to 4 but did not alter substantive provisions. The North West Gas Development (Woodside) Agreement Amendment Act 2015 (No. 9 of 2015) received assent on 16 March 2015 and commenced on 17 March 2015 for the operative provisions. It inserted section 6A and ratified the Fourth Supplementary Agreement (Schedule 5) which introduced the “Agreement Area” definition, the Domgas Commitment (including the 15% domestic gas obligation), the deemed approval of an additional 86 million tonnes of LNG for export, and consultation requirements. The most recent amendment is the North West Gas Development (Woodside) Agreement Amendment Act 2020 (No. 3 of 2020), which received assent on 24 March 2020 and commenced on 25 March 2020 for the operative provisions. It inserted section 6B and ratified the Fifth Supplementary Agreement (Schedule 6). This agreement extended the term to 31 December 2059, introduced new clauses requiring a community development plan and a local participation plan, updated the arbitration law to the Commercial Arbitration Act 2012, added a submission to the jurisdiction of Western Australian courts, amended clause 12 to strengthen local industry participation requirements, inserted a water supply cessation clause, and added a specified improvements exception for rating purposes. The compilation table in the notes confirms that a reprint was published as at 14 December 2001.

The Act and the scheduled agreements are not themselves litigated in the ordinary sense; they operate as a statutory contract between the State and the Joint Venturers. The source text provided , the Act and its schedules , does not record any judicial decisions, court cases or arbitration awards arising under the Agreement. No cases are named or referenced anywhere in the legislation. Unlike many modern statutes, there is no section dealing with evidentiary provisions or deemed notice of prior judicial interpretation. The arbitration clause (clause 38 of the principal Agreement, as amended) provides a mechanism for resolving disputes, but the existence or outcome of any arbitrations is not disclosed in the legislation. It is possible that disputes have been resolved privately through arbitration without entering the public record, or that the parties have resolved issues through negotiation without formal proceedings. The Fifth Supplementary Agreement updated the governing arbitration law from the Arbitration Act 1895 to the Commercial Arbitration Act 2012, which suggests that the parties expected potential future arbitrations to be conducted under the modern regime. The absence of recorded litigation history is not unusual for State agreement Acts of this kind, where the contractual nature and the strong political and economic incentives to maintain the relationship tend to discourage public court proceedings. However, researchers should be aware that the general law on interpretation of government agreements and the scope of “notwithstanding” clauses may be informed by cases involving similar Western Australian legislation such as the Iron Ore (Mount Newman) Agreement Act 1964 or the Dampier to Bunbury Pipeline Act 1997, although those cases are not cited in the source. The Act does not create any private right of action for third parties; any claims would be by the State or the Joint Venturers under the Agreement or under the general law of contract. Enforcement mechanisms such as the State’s right to determine the Agreement or suspend export approvals are expressly provided and appear designed to avoid the need for court intervention.

Several features of the Act and the scheduled agreements are easy to overlook but have significant practical consequences. First, the “notwithstanding any other Act or law” provisions in sections 3(2), 4(3), 5(3), 5A(3), 6A(3) and 6B(3) are not absolute , they are limited by the specific savings clauses within the Agreement. Clause 33 preserves environmental requirements under any Act, including the Environmental Protection Act 1986 as confirmed by the Fifth Supplementary Agreement. Clause 34 preserves the State’s liability for its own negligence when carrying out work for the Joint Venturers, so the indemnity in favour of the State does not apply if the State is negligent. Clause 47 provides that the Agreement is to be interpreted according to Western Australian law, but the Fifth Supplementary Agreement added a specific submission to the jurisdiction of Western Australian courts for disputes not referred to arbitration. Second, the definition of “associated company” in clause 1 of the principal Agreement requires that the company be incorporated or formed within the United Kingdom, the United States, the Netherlands, Australia, Japan (added by the First Supplementary Agreement) or such other country as the Minister may approve, and that the Joint Venturers hold not less than a 25% interest (or a lesser interest acceptable to the Minister). This is a relatively restrictive definition that could affect assignment rights under clause 26. Third, the force majeure clause (clause 28) is broad but has a critical carve‑out: it does not apply to the Domgas Commitment’s marketing, reporting, reservation and consultation obligations , clause 46A(8) expressly states that clause 28 does not apply to clause 46A(4)(a), (b), (c), (g) and (h). This means that a force majeure event will not excuse the Joint Venturers from actively marketing New Domgas, negotiating in good faith, or preparing annual reports. Fourth, the liability of each Joint Venturer is separate and limited to its equity proportion in the relevant venture (clause 40, as amended by the First Supplementary Agreement). However, for obligations relating to Common Property, liability is shared between the Domgas and LNG Joint Venturers in accordance with approved proposals. A default by one Joint Venturer does not necessarily affect the others, but the Minister may determine the Agreement only as to the venture to which the default relates, leaving the other venture intact. Fifth, the stamp duty exemption in clause 37(1) applies only to instruments executed within nine years of the date of the principal Agreement (27 November 1979). After 27 November 1988, the exemption no longer applies to the Agreement itself, leases, assignments, security documents, insurance policies or gas sales agreements. Later supplementary agreements (for example, the 2014 Fourth Supplementary Agreement and the 2019 Fifth Supplementary Agreement) contain their own stamp duty refund provisions (clause 5 of the Second Supplementary Agreement and clause 5 of the Third Supplementary Agreement), but these are limited to the instruments specifically referred to in those agreements. Sixth, the variation power in clause 27 allows the parties to amend the Agreement by written deed, but any such variation must be laid before both Houses of Parliament within 12 sitting days, and either House may disallow it within 12 sitting days. This means that significant variations (such as the 1982 and 2002 agreements) take effect subject to possible parliamentary disallowance, creating political risk for the Joint Venturers. Seventh, the cessation or determination provisions in clause 31 are harsh: all buildings and improvements become the property of the State without compensation, and the Joint Venturers’ option to remove plant and equipment is subject to the State’s right to purchase in situ at a fair valuation. This creates a substantial risk for lenders financing the project, as their security over fixed plant may be lost upon termination. Eighth, the definition of “Agreement Area” in the Fourth Supplementary Agreement is limited to the specific petroleum titles listed in the Schedule to that agreement and any titles derived from them. It does not automatically include all future titles the Joint Venturers may acquire, meaning that new discoveries outside the listed titles would require further variation or separate arrangements. Ninth, the community development plan and local participation plan under the Fifth Supplementary Agreement (clauses 11A and 11B) impose ongoing reporting and conferral obligations that apply not only to the Joint Venturers but also require them to impose conditions on third‑party contractors. The local participation plan must include detailed procurement practices and communication strategies, and the Joint Venturers must report annually on implementation. Failure to comply could be a material default. Tenth, the water supply cessation clause in the Fifth Supplementary Agreement (new clause 18(5)) terminated the State’s water supply obligations under the Agreement on the Second Variation Date, replacing them with a separate commercial Water Supply Agreement. This is a rare example of a clause that removes a long‑standing State duty, and practitioners should verify that the commercial agreement adequately covers the Joint Venturers’ needs.

Compliance with the Act is primarily a matter of compliance with the terms of the Agreement as ratified and varied. There is no separate regulatory regime under the Act itself; the Act creates the legal framework, and the Agreement contains the detailed obligations. For the Joint Venturers, the first step is to ensure that all activities under the overall project are carried out in accordance with approved proposals. Clause 10 requires that the treatment plant first comes into operation and produces saleable product within five years of the notice of intention to proceed under clause 6. Any subsequent significant modification, expansion or other variation of activities must be submitted as additional proposals under clause 9 (as amended by the Fourth Supplementary Agreement) and approved or determined before implementation. The Joint Venturers must also comply with the ongoing environmental monitoring and reporting obligations under clause 11, submitting interim reports at yearly intervals and detailed reports at three‑yearly intervals, and implementing any further environmental proposals required by the Minister. The local industry participation obligations under clause 12 (as strengthened by the Fifth Supplementary Agreement) require the Joint Venturers to use local professional services, labour and materials as far as reasonable and economically practicable, to give full, fair and reasonable opportunity to Western Australian suppliers, and to impose equivalent obligations on third‑party contractors. A local participation plan (clause 11B) must be prepared and provided to the Minister within three months of the Second Variation Date, and updated as agreed. The Joint Venturers must report at least annually on implementation of the plan. The community development plan (clause 11A) must be prepared and conferred with the Minister within two months of the Second Variation Date, and provided within three months. The Joint Venturers must implement the plan and report annually. All construction and operation of port facilities, roads, water supply and power supply must be in accordance with approved proposals and the specific cost‑sharing arrangements in clauses 13, 15, 17 and 18 (with water supply obligations having ceased under the Fifth Supplementary Agreement). The Domgas Commitment under clause 46A is a particularly demanding ongoing compliance obligation. The Joint Venturers must actively market New Domgas, negotiate in good faith with purchasers, maintain Domgas Facilities in an operational state (subject to the notification procedure for non‑operational status), reserve sufficient gas reserves, and submit an annual New Domgas Report demonstrating compliance. The Minister may appoint an independent person to advise on compliance, at the Joint Venturers’ cost subject to an agreed budget. The requirement to consult with the Minister before entering into any new long‑term LNG export arrangements (clause 46(1B)) means that strategic planning must involve the State. The Joint Venturers must also comply with the gas priority framework in clause 44A: First Priority Gas must be reserved for Western Australia, Export Gas is limited to 198 billion cubic metres, and Third Priority Gas is reserved for domestic consumption. All sales and disposals of natural gas from the Licence Areas and Permit Areas must rank after these priorities. The reporting obligations under clause 44A(6) require annual statements of reserves and commitments, and meetings with the State if requested. The Joint Venturers must also liaise with the Minister on any matters that could affect the State’s overall interest under the Agreement (clause 39). For the State, compliance involves fulfilling its obligations: introducing and passing ratifying legislation on time, enacting port authority legislation, constructing public roads (with cost sharing), providing water supply (until the water supply cessation), granting leases and tenures, ensuring appropriate zoning and nondiscriminatory rating, and not resuming Joint Venturers’ property without consent. The State must also ensure that its agencies and instrumentalities do not impose discriminatory taxes, rates or charges (clause 23). The State’s compliance with its obligations is typically enforced through the dispute resolution mechanism rather than any penalty regime. Both parties must keep proper records of all approved proposals, correspondence, reports and arbitration awards, as these documents will be essential in any dispute or suspension proceeding. The Joint Venturers should also maintain a register of all assignees, mortgagees, chargees and disponees whose names have been notified to the State, as notices of default or determination must be served on them (clause 30(2)). If the Joint Venturers intend to rely on force majeure to excuse performance, they must promptly give notice and minimise the effect of the cause (clause 28). However, as noted, force majeure does not apply to the core Domgas Commitment obligations. Finally, any variation of the Agreement under clause 27 must be in writing, executed as a deed, and laid before Parliament subject to disallowance.