Victorian Legislation and Parliamentary Documentsi
Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
TABLE OF PROVISIONS
Section Page
Short title and commencement 2
Definition 2
Ratification of Agreement 2
Grant of lease easement licence or other authority 3
4A. Variation of Agreement 4
Amendment of Marine Act 1958 6
THE SCHEDULE 7
═══════════════
ENDNOTES 25
General Information 25
Table of Amendments 26
Explanatory Details 27
Victorian Legislation and Parliamentary Documents1
Version No. 001
Western Port (Steel Works) Act 1970
Act No. 7950/1970
Version incorporating amendments as at 17 August 2001
An Act to ratify approve and otherwise give effect to an
Agreement between the Premier for and on behalf of the State of
Victoria and John Lysaght (Australia) Limited with respect to
the Establishment in Western Port of Steel Works for the
Production of Iron and Steel and other Products, to authorize the
Construction of certain Port Facilities, to make Provision with
respect to the Reclamation of certain Land and for other
purposes.
Preamble
WHEREAS John Lysaght (Australia) Limited a
Company incorporated in the State of New South
Wales and registered as a foreign company in the
State of Victoria desires to establish an integrated
steel works on certain lands at Western Port:
AND WHEREAS the operation of the steel works
requires the establishment of adequate port
facilities in Western Port:
AND WHEREAS an Agreement to facilitate the
establishment of the steel works and port facilities
has been entered into between the Premier of the
State of Victoria and John Lysaght (Australia)
Limited:
AND WHEREAS the Agreement is expressed to
be subject to ratification by the Parliament of
Victoria:
AND WHEREAS it is expedient in the public
interest to ratify validate approve and otherwise
give effect to the Agreement and to make other
provisions as hereinafter provided:
Victorian Legislation and Parliamentary DocumentsAct No. 7950/1970
Western Port (Steel Works) Act 1970
2
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title and commencement
(1) This Act may be cited as the Western Port (Steel
Works) Act 1970.
(2) This Act shall come into operation on a day to be
fixed by proclamation of the Governor in Council
published in the Government Gazette.
Definition
(1) In this Act unless inconsistent with the context or
subject-matter—
(a) "the Agreement" means the Agreement a
copy of which is set out in the Schedule and
includes the Agreement as varied from time
to time; and
(b) expressions used in this Act have the
meanings respectively assigned to them in
the Agreement.
(2) This Act shall bind the Crown.
Section 1 - Western Port (Steel Works) Act 1970 - Western Port (Steel Works) Act 1970 | Zoe
Ratification of Agreement
(1) The Agreement is hereby ratified validated
approved and given effect.
(2) The following provisions of this sub-section shall
be read as in aid of and not in derogation from the
provisions of sub-section (1)—
(a) the Premier and Ministers of the State of
Victoria and all public statutory corporations
and all officers concerned are hereby
empowered to carry out the Agreement and
to enter into such agreements and to give
s. 1
S. 2(1)(a)
amended by
No. 82/1995
s. 199.
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such approvals as are provided for by the
Agreement;
(b) the Agreement shall take effect
notwithstanding anything in any other Act or
in any proclamation regulation Order in
Council by-law lease licence authority
permit or agreement under any other Act and
every Act proclamation regulation Order in
Council by-law lease licence authority
permit or agreement shall by virtue of this
Act be deemed to be modified to the extent
necessary to give full force and effect to the
Agreement but not further or otherwise and
shall be read and construed and take effect
accordingly;
(c) the provisions of the Agreement relating to
the revocation of part of the temporary
reservation of land for public purposes
referred to in paragraph (j) of sub-clause (1)
of clause 5 of the Agreement shall by force
of this Act and without further authority take
effect.
4. Grant of lease easement licence or other authority
Notwithstanding anything to the contrary in any
other Act lease licence proclamation reservation
declaration or dedication of or with respect to any
unalienated land of the Crown the Governor in
Council may upon such conditions as he thinks fit
grant to the Company any lease easement licence
or other authority necessary or expedient to enable
the Company to develop the Reclamation Area or
any land owned by the Company in the vicinity of
the Reclamation Area.
s. 4
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Western Port (Steel Works) Act 1970
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4A. Variation of Agreement
(1) The Agreement may be varied by agreement
between the Premier of Victoria and the Company
with the approval of the Governor in Council by
Order in Council containing particulars of the
variation published in the Government Gazette.
(2) Unless and until each House of Parliament passes
a resolution in accordance with sub-section (6)
disallowing an Order in Council varying the
Agreement, the provisions of the agreement
making the variation shall have the force of law
on and after the date on which the order was
published in the Government Gazette as though
the provisions of the agreement were expressly
enacted in this Act.
(3) An Order in Council made under sub-section (1)
must, on publication in the Government Gazette,
be judicially noticed and that publication is
conclusive evidence of the variation to the
Agreement set out in the Order.
(4) A copy of each Order in Council made under sub-
section (1) must be laid before both Houses of
Parliament on or before the sixth sitting day after
the publication of the Order in the Government
Gazette.
(5) An Order in Council made under sub-section (1)
is disallowed if each House of Parliament passes a
resolution in accordance with sub-section (6).
(6) A resolution to disallow an Order in Council made
under sub-section (1) is passed in accordance with
this sub-section if—
(a) notice of the resolution is given in each
House of the Parliament on or before the
18th day on which that House sits after the
Order in Council is laid before that House;
and
S. 4A
inserted by
No. 82/1995
s. 200.
s. 4A
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Western Port (Steel Works) Act 1970
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(b) the resolution is passed on or before the 12th
day on which that House sits after the notice
of resolution has been given in that House.
(7) The power of each House to pass a resolution
disallowing an Order in Council under this section
is not affected by the prorogation or dissolution of
the Parliament or of either House of the
Parliament or of either House of the Parliament
and, if there is such a prorogation or dissolution,
the calculation of days on which a House has sat
must be made as if there had been no such
prorogation or dissolution.
(8) Notice of a resolution to disallow an Order in
Council may be expressed to apply to all or any
part of the particulars of the variation contained in
the Order in Council and a resolution to disallow
all or any part of those particulars shall take effect
according to its tenor.
(9) If a resolution is passed disallowing part only of
the particulars of the variation contained in an
Order in Council, the particulars not disallowed
shall be of no effect unless and until each of the
Premier of Victoria and the Company gives notice
to the other expressing an intention to be bound by
the particulars not disallowed, or by part of those
particulars, and, if notice is so given, the
particulars, or part of the particulars, take effect
accordingly.
(10) If an Order in Council is disallowed by Parliament
in accordance with sub-section (6), the
disallowance has the like effect to the repeal of an
enactment.
(11) This section is in addition to and not in derogation
from the power conferred by the Agreement for
the Premier of Victoria and the Company to enter
agreements and arrangements for better giving
effect to the provisions of the Agreement.
s. 4A
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5. Amendment of Marine Act 1958
In section 7 of the Marine Act 1958 for the words
"all public wharfs" there shall be substituted the
words "all public and private wharfs".
s. 5
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THE SCHEDULE
THIS AGREEMENT is made the 19th day of December One Thousand Nine
Hundred and Sixty-nine BETWEEN The Honourable Sir HENRY EDWARD
BOLTE in his capacity as the Premier for the time being of the State of
Victoria and for and on behalf of the said State of the one part and JOHN
LYSAGHT (AUSTRALIA) LIMITED a Company incorporated under the
Companies Act of the State of New South Wales, the registered office of
which in the State of Victoria is situate at 70 Clarendon Street, South
Melbourne (hereinafter called "the Company") of the other part.
WHEREAS:
I. The Company desires to establish on the western shore of Western Port
a plant for the production of steel products and to be able to expand the
size and scope of operations at the Plant Site to include integrated steel
works for the production of iron and steel and other products.
II. The State, for the purpose of furthering and promoting industrial
development within the State and of encouraging the decentralization of
industry within the State, desires to facilitate the establishment of the
Plant.
III. To accomplish the respective desires of the parties to this Agreement, it
is necessary that certain grants rights and powers essential to the
establishment and operation of the Plant be made and conferred on the
Company.
IV. The parties have entered into this Agreement to make and confer the
said grants rights and powers and to provide for other matters.
NOW IT IS HEREBY AGREED as follows:
PART I—PRELIMINARY
This Agreement shall be of no force or effect unless it is ratified
validated approved and otherwise given effect by an Act of the
Parliament of Victoria on or before 31st March, 1970, or such later
date as is agreed between the parties to this Agreement.
In this Agreement unless inconsistent with the context or subject-
matter—
"Associated Companies" means subsidiary companies of the
Company, The Broken Hill Proprietary Company Limited
and its subsidiary companies and Guest, Keen and
Nettlefolds Limited and its subsidiary companies;
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"the Act" means the Act of the Parliament of Victoria ratifying
validating approving and otherwise giving effect to this
Agreement;
"Chief Engineer" means the Chief Engineer of Ports and Harbors
for the State of Victoria, or a person authorized by him in
writing to act for him either generally or in relation to any
particular matter under this Agreement;
"clause" means clause of this Agreement;
"commencing date" means the date on which the Act comes into
operation;
"commissioning date" means the date on which goods or
materials in respect of which charges would be payable
under clause 6 are first received or dispatched over a wharf;
"Company" means John Lysaght (Australia) Limited;
"foreshore" means so much of the land temporarily reserved for
public purposes by Orders in Council dated 12th July, 1937
and 14th August, 1963 and published in the Government
Gazette on 21st July, 1937 and 21st August, 1963
respectively as is within the Reclamation Area;
"Minister" means the Minister of Public Works;
"the Plant" means the facilities constructed or to be constructed
in accordance with the provisions of this Agreement on the
Plant Site and all additions and alterations to those facilities;
"Plant Site" means—
(a) lands within the area described in the First Schedule to
this Agreement which at the date of this Agreement
are owned by the Company or by a subsidiary of the
Company;
(b) any other lands owned by the Company or by a
subsidiary of the Company being lands within that
area or not further than half a mile from the nearest
boundary of that area which the Company acquires
after the date of this Agreement and which the
Company has by notice in writing to the Minister
declared to be part of the Plant Site; and
(c) the Reclamation Area;
"Reclamation Area" means the area described in the Second
Schedule to this Agreement;
"the State" means the State of Victoria;
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"wharf" means—
(a) except in clause 7 of this Agreement, a wharf jetty
landing place or berth constructed or to be constructed
by the Company under this Agreement and additions
or alterations to it and a wharf jetty landing place or
berth acquired by the company under clause 7; and
(b) in clause 7 of this Agreement, a wharf jetty landing
place or berth constructed by the State under that
clause.
3. The headings do not affect the interpretation of this Agreement.
PART II—OBLIGATIONS OF THE COMPANY
4. The Company covenants that it will—
(a) complete as soon as possible and in any event not later than
31st December, 1973 the construction of a part of the Plant
comprising a cold reduction mill and associated facilities
for the production of galvanized and uncoated steel sheet
and coil in a variety of qualities and sizes and having a
planned initial capacity of not less than 500,000 tons per
year;
(b) complete the construction of a part of the Plant comprising
a hot strip mill not later than 31st December, 1980, or such
other date as is agreed between the parties to this
Agreement;
(c) in connexion with the construction maintenance operation
and use of the Plant reclaim or complete the reclamation of
the Reclamation Area at its own cost and in a manner
approved by the Minister and in accordance with plans and
specifications approved by him and also in accordance with
the law relating to the control of pollution and the
preservation of marine life for the time being in force;
(d) construct operate and maintain the Plant in accordance with
good industry practices, standards and specifications and in
accordance with the law for the time being in force;
(e) maintain the wharves in accordance with good industry
practices standards and specifications and in accordance
with the law for the time being in force to the satisfaction of
the Chief Engineer; and
(f) pay to the State the amounts required to be paid under this
Agreement.
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PART III—OBLIGATIONS OF THE STATE
5. (1) The Premier on behalf of the State covenants that the State will—
(a) by virtue of the Act (and without the necessity for any other
authority approval permit licence or consent other than any
authority approval permit licence or consent required under
the Town and Country Planning Act 1961 or the Local
Government Act 1958 in connexion with the construction
operation or maintenance of a building or structure)
authorize—
(i) the performance by the Company of the covenants
contained in paragraphs (a) (b) and (c) of clause 4; and
(ii) the Company to own and, subject to the Port Rules for
the time being applicable to Western Port, manage
maintain and control the wharves together with all
loading shipping and handling facilities and
equipment on the wharves and to have exclusive right
to the wharves subject to the right of the Chief
Engineer to enter on and inspect the wharves and
loading shipping and handling facilities and
equipment on the wharves;
(b) authorize the Company at the cost of the Company to
construct or extend a wharf or wharves the aggregate length
of which does not exceed—
(i) 3,000 feet before the commencement of the
construction of a hot strip mill; or
(ii) 4,000 feet after the commencement of the construction
of a hot strip mill—
subject to and in accordance with plans and specifications
approved by the Minister and at such place or places within and
along the eastern boundary of the Plant Site and within a distance
of 4,000 feet from the south eastern corner of the Plant Site as is or
are determined by the Company after consultation with the Chief
Engineer or at such other place or places within and along the
eastern boundary of the Plant Site as is or are approved by the
Minister;
(c) if the Company has, before the date referred to in clause 12
or before such later date as is determined by the Premier
under that clause, commenced the expansion of the Plant
constructed pursuant to paragraphs (a) and (b) of clause 4
by commencing the construction and establishment of a
fully integrated steel works for the production of steel—
authorize the Company at the cost of the Company to
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construct or extend subject to and in accordance with plans
and specifications approved by the Minister a wharf or
wharves at such place or places within and along the
eastern boundary of the Plant Site as is or are determined by
the Company after consultation with the Chief Engineer but
so that the total length of the wharf or wharves constructed
under this paragraph and the last preceding paragraph shall
not exceed 10,500 feet;
(d) upon reasonable notice being given to the Minister by the
Company, forthwith take steps to carry out at the cost of the
State within such time as is agreed between the parties to
this Agreement such dredging as will provide such
approach channels and berthing and turning areas as are
from time to time reasonably required by the Company in
connexion with its wharves and operations on the Plant
Site;
(e) maintain such approach channels and berthing and turning
areas as are provided under the last preceding paragraph, to
the depths to which they were dredged providing that the
State shall not be responsible for removing spillage from
vessels using the Company's wharves or for removing other
deposits caused by the operations of the Company on the
Plant Site;
(f) instal and maintain adequate navigation aids for day and
night navigation;
(g) facilitate through the State Rivers and Water Supply
Commission and ensure the provision to the Company at
such points on the boundary of the Plant Site as are agreed
between the Commission and the Company of an adequate
supply of water for the purposes of the construction and
operation of the Plant;
(h) provide such public roads connecting the Plant Site with the
principal roads in the locality as are adequate for the
purposes of the construction and commercial operation of
the Plant;
(i) permit the Company—
(i) to draw sea-water without charge from the Western
Port and subject to any law relating to the discharge of
sea-water into Western Port for the time being in force
to discharge sea-water into Western Port for or in
connexion with its operations on the Plant Site and in
connexion with such withdrawal or discharge to instal
structures and outlets in accordance with plans and
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specifications approved by the Minister on such part
of the Plant Site as is agreed between the parties to
this Agreement; and
(ii) subject to and in accordance with the law for the time
being in force to discharge effluent other than sea-
water into Western Port;
(j) revoke the temporary reservation of so much of the lands
temporarily reserved for public purposes by Orders in
Council dated the 12th July, 1937 and 14th August, 1963
and published in the Government Gazettes on 21st July,
1937 and 21st August, 1963 respectively as is within the
Reclamation Area;
(k) upon the surrender by the Company to the State of land or
lands suitable for reservation as open spaces or for public
recreational purposes and having an aggregate area that is
not less than the area of the Foreshore, grant the Foreshore
to the Company in fee simple:
Provided that—
(i) the grant shall be subject to the right of the State to
dispose of material in such part or parts of the
Foreshore and in such manner as is agreed between
the Chief Engineer and the Company;
(ii) the grant shall contain a covenant by the Company
to reclaim the Foreshore in accordance with plans
and specifications approved by the Minister but
subject to sub-paragraph (i) of this paragraph;
(iii) the grant shall authorize the use of the Foreshore for
purposes associated with the steel industry or for
such other purposes as are from time to time
authorized by the Governor in Council and not
otherwise;
(iv) the State shall not be required to grant access to the
Foreshore;
(v) the Company shall pay the costs of any survey
undertaken in connexion with the grant;
(vi) the requirement to make a contribution to the
Assurance Fund established under the Transfer of
Land Act 1958 and the fees applicable to Crown
grants under the Land Act 1958 shall apply to the
grant; and
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(vii) the grant shall be subject to such other reasonable
covenants conditions reservations exceptions and
provisions as the Governor in Council thinks fit;
(l) upon the Company being registered as proprietor of the
land described in the certificates of title specified in Part I
of the Third Schedule close and cause to become
unalienated land of the Crown the road lying south of
allotment 58 in the Parish of Tyabb;
(m) upon the Company being registered as the proprietor of the
land described in the certificates of title specified in Part II
of the Third Schedule close and cause to become
unalienated land of the Crown the road lying west of
allotments 78C and 78D in the Parish of Tyabb;
(n) authorize the Governor in Council to grant not later than
two years after the date of this Agreement in fee simple to
the Company the Reclamation Area (other than the
Foreshore) for the consideration of $700,000 provided
that—
(i) the Company shall pay the consideration by ten
equal annual instalments, $70,000 being payable on
the date of the grant and $70,000 on the anniversary
of that date in each of the succeeding nine years;
(ii) the Company shall give the State such security for
the payment of the consideration as the State
requires;
(iii) the grant shall be subject to the right of the State to
dispose of material in such part or parts of the
Reclamation Area (other than the Foreshore) and in
such manner as is agreed between the Chief
Engineer and the Company;
(iv) the grant shall contain a covenant by the Company
to reclaim the Reclamation Area (other than the
Foreshore) in accordance with plans and
specifications approved by the Minister but subject
to sub-paragraph (iii) of this paragraph;
(v) the grant shall be subject to a condition that if any
part of the Reclamation Area (other than the
Foreshore) is not reclaimed to the satisfaction of the
Minister within a period of 99 years after the date of
this Agreement the grant as to any such part shall be
revoked and that part of the Reclamation Area (other
than the Foreshore) shall become unalienated land of
the Crown and the consideration paid by the
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Company in respect of that part shall be repayable to
the Company;
(vi) the grant shall authorize the use of the Reclamation
Area (other than the Foreshore) for purposes
associated with the steel industry or for such other
purposes as are from time to time authorized by the
Governor in Council and not otherwise;
(vii) the State shall not be required to grant access to the
Reclamation Area (other than the Foreshore);
(viii) the Company shall pay the costs of any survey
undertaken in connexion with the grant;
(ix) the requirement to make a contribution to the
Assurance Fund established under the Transfer of
Land Act 1958 and the fees applicable to Crown
grants under the Land Act 1958 shall apply to the
grant; and
(x) the grant shall be subject to such other reasonable
covenants conditions reservations exceptions and
provisions as the Governor in Council thinks fit;
(o) enable the Governor in Council to grant to the Company
any title to or any easement right or privilege over any
Crown land for any purposes which in his opinion are
necessary or expedient to facilitate the operations of the
Company;
(p) permit the Company in such areas of Western Port used or
to be used for navigation routes as are approved by the
Minister to carry out such dredging operations as are
approved by the Minister to enable the Company to obtain
material as fill for the Reclamation Area;
(q) permit the Company in such manner and to such level as is
determined by the Minister to deposit in an area or areas
from time to time designated by the Minister after
consultation with the Company being such areas as are the
closest reasonably available and suitable areas to the Plant
Site, 150,000,000 cubic yards of such waste materials as are
approved by the Minister and are suitable for the purposes
of reclaiming that area or those areas;
(r) assist the Company to obtain to such area or areas as are
from time to time made available to the Company under the
last preceding paragraph reasonable access by road or rail
and any necessary services;
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(s) ensure that there shall be provided—
(i) to the boundary of the Plant Site a suitable rail link
by which rail facilities constructed by the Company
at its cost within its boundaries may be connected to
the Victorian Railways network;
(ii) adequate rail motive power and rolling stock and
suitable rail services to ensure the satisfactory
movement of materials products and equipment to
and from the Plant;
(iii) rail transportation services for the conveyance of
employés of the Company or its site contractors to
and from the Plant—
under such conditions as are agreed between the Victorian
Railways Commissioners and the Company;
(t) facilitate through the State Electricity Commission of
Victoria and ensure the provision to the Company and to
any of the associated companies that are operating on the
Plant Site at a point on the boundary of the Plant Site as is
agreed between the Commission and the Company of an
adequate supply of electricity for construction and
operation purposes under such conditions and at such rates
as are agreed between the Commission and the Company;
and
(u) authorize the Company and its associated companies to
generate electricity for the requirements of the Company
and its associated companies on the Plant Site and permit
the Company and its associated companies to use electricity
so generated in parallel with the system operated by the
State Electricity Commission on such terms and conditions
as are agreed between the Company and the Commission.
(2) Where the Company has given notice to the Minister under
paragraph (d) of sub-clause (1) of this clause the Chief Engineer
shall before the State enters into a contract for dredging referred to
in the notice consult with the Company as to the terms and
conditions of the proposed contract.
PART IV—FINANCIAL
6. (1) Subject to the provisions of this clause, the Company shall pay to
the State inward and outward wharfage charges on goods and
materials received or dispatched over the wharves.
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(2) Subject to the provisions of this clause the charges shall be
20 cents per 20 hundredweights of goods or materials received or
dispatched over the wharves.
(3) The State may from time to time before the 1st of January, 2000,
after consultation with the Company, increase the charges by a
percentage of 20 cents that is not greater than the percentage by
which charges for general cargo in the port of Melbourne exceed
the amount of those charges at the commissioning date.
(4) Where in any year after the commissioning date the aggregate of
the amount of the charges paid by the Company under the
preceding provisions of this clause and under sub-clause (6) of
clause 7 is less than the prescribed amount in respect of that year
the Company shall within 14 days after demand is made in writing
to the Company by the Secretary for Public Works pay to the State
the amount by which the prescribed amount exceeds the amount of
those charges.
(5) The prescribed amount in respect of a year is ten and one half per
centum of the sum of the amounts paid by the State for or with
respect to costs of dredging pursuant to the provisions of
paragraph (d) of sub-clause (1) of clause 5 of this Agreement
within the period of 20 years immediately preceding the end of
that year but in the first year after the commissioning date the
prescribed amount shall not exceed $100,000.
(6) On and after the 1st of January, 2000 the charges referred to in
sub-clause (1) shall be such charges as are fixed from time to time
by the State in accordance with the law for the time being in force
relating to the fixing of wharfage charges in Western Port.
(7) Before fixing charges under sub-clause (6) the State shall consult
with the Company and shall have regard to comparable charges in
comparable ports in Australia.
(8) The Company shall not be liable to pay charges in respect of goods
or materials received or dispatched over the wharves in connexion
with the construction re-construction or alteration of wharves or
the Plant.
(9) If the Company grants to a person other than a Company that is
one of the Associated Companies or that is for the purposes of sub-
section (5) of section 6 of the Companies Act 1961 deemed to be
related to the Company the right to use the wharves the charges
referred to in sub-clause (1) payable by that person shall be the
wharfage charges generally applicable to Western Port.
(10) In this clause "year" means a period of twelve months
commencing on the commissioning date or on an anniversary of
the commissioning date.
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PART V—GENERAL
7. (1) The Company agrees that it will, subject to sub-clauses (2) and (3)
of this clause, upon the request in writing of the Minister made at
any time before the date referred to in clause 12 or such later date
as is determined by the Premier under that clause—
(a) authorize the State—
(i) to erect a wharf or wharves at any place or places
along that part of the eastern boundary of the
Reclamation Area that is between the northern end
of the eastern boundary and 1,500 feet south of the
northern end;
(ii) to reclaim such part or parts of the Reclamation Area
in the vicinity of the part of the area referred to in
the last preceding sub-paragraph as is or are
reasonably required by the State in connexion with
the erection or use of any wharf erected by it under
that sub-paragraph; and
(iii) to occupy manage and control any wharf erected by
it under sub-paragraph (i) of this paragraph and any
part of the Reclamation Area which it has reclaimed
under the last preceding sub-paragraph; and
(b) facilitate access by the State to such part or parts of the
Reclamation Area as is reasonably necessary in connexion
with the erection or use of any wharf erected by the State
under the last preceding paragraph or of any part of the
Reclamation Area reclaimed by the State under the last
preceding paragraph.
(2) A wharf erected by the State under sub-clause (1) of this clause
shall be erected in accordance with plans and specifications agreed
to by the Company and no contract in connexion with the erection
of a wharf under sub-clause (1) of this clause shall be entered into
by the State without the agreement of the Company.
(3) The Company may, upon giving not less than three years' notice in
writing to the Minister, determine the right of the State to occupy
manage and control any wharf or any part of the Reclamation
Area.
(4) Upon the determination of the right of the State under sub-clause
(3) the Company agrees to pay to the State an amount equal to the
current cost to the Company of erecting the wharf or wharves and
structures and of installing the equipment erected or installed by
the State with the approval of the Company pursuant to the
provisions of this clause less a fair allowance for depreciation of
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such wharf or wharves structure or equipment and in addition such
amount in respect of dredging carried out by the State in relation to
the use of the wharf or wharves as the parties have agreed shall be
payable by the Company on the determination of the right of the
State as aforesaid.
(5) The Company shall not be required to reclaim the whole or any
part of the Reclamation Area in respect of which it has given rights
to the State under this clause unless the parties to this Agreement
otherwise agree.
(6) Unless the parties to this Agreement otherwise agree the Company
shall be entitled to use a wharf or wharves constructed by the State
under this clause in connexion with its operations on the Plant Site
subject to the payment of such wharfage charges as are from time
to time payable in respect of goods and materials received or
dispatched over its wharves under clause 6.
(7) Upon ceasing to occupy manage and control a part of the
Reclamation Area under this clause the State shall remove any
structures or equipment erected or installed in the area by the State
not being structures or equipment to which sub-clause (4) of this
clause applies.
(8) No charges shall be payable to the Company by the State in
respect of any right given to it by the Company under this clause.
8. Without affecting the liability of the parties to each other under
this Agreement each party shall have the right to entrust to other
persons from time to time the performance of such portion or
portions of its obligations and operations authorized under this
Agreement as it considers expedient.
9. (1) Except as provided under this clause the Company shall not assign
or otherwise deal with this Agreement or any part of this
Agreement.
(2) The Company may assign the whole or any part of this Agreement
to a company which is one of the Associated Companies or to a
corporation which for the purposes of sub-section (5) of section 6
of the Companies Act 1961 is deemed to be related to the
Company.
(3) The Company may assign this Agreement or any part of this
Agreement otherwise than is provided in sub-clause (2) with the
consent in writing of the Premier which consent shall not be
unreasonably withheld and subject to such reasonable conditions
as the Premier thinks fit.
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10. This Agreement is made subject to any delay in the performance of
any obligation under this Agreement which is occasioned by or
arises from circumstances beyond the power and control of the
party responsible for the performance of such obligation,
including, but without limiting the generality of the foregoing,
delay caused by or arising from act of God, act of war, force
majeure, act of public enemies, strikes, lock-outs, stoppages,
restraint of labour, whether partial or general, shortage of essential
materials, reasonable failure to secure or delays or contractors,
riots and civil commotion and a failure by either party to perform
its obligations for any such reason shall not be deemed a breach of
this Agreement and such obligations shall be performed within a
reasonable period following the cessation of the circumstances
which so delayed performance.
11. The parties hereto may from time to time enter into agreements or
arrangements with each other for better giving effect to the
provisions of this Agreement.
12. (1) If the Company fails to expand the plant constructed pursuant to
paragraphs (a) and (b) of clause 4 by commencing before the date
referred to in sub-clause (2) of this clause the construction and
establishment of a fully integrated steel works for the production
of steel the Premier may by notice in writing require the Company
to surrender a part or parts of the Reclamation Area which is or are
in the aggregate not more than one-half of the Reclamation Area
(other than the Foreshore) and which have in the aggregate a
frontage to Western Port which bears the same proportion to
10,500 feet as the area required to be surrendered bears to the area
of the Reclamation Area (other than the Foreshore) for a
consideration to be paid by the State of $750 per acre so
surrendered and if the State so requires grant to the State
reasonable access to the land so surrendered and the Company
shall forthwith comply with the requirements.
(2) The date for the purposes of sub-clause (1) of this clause is
31st December, 1985 or where the Premier is satisfied that the
Company has taken all reasonable steps to commence the
expansion of the Plant as referred to in sub-clause (1) before that
date but has not so commenced the expansion, such later date as is
determined by the Premier.
13. If the Company—
(a) enters into liquidation (other than a voluntary liquidation
for the purpose of reconstruction); or
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(b) delays the commencement of the performance of its
obligations under this Agreement beyond the period of one
year from the commencing date for any cause other than
one or more of those specified in clause 10 hereof;
(c) fails to comply with any of its obligations under clause 4
hereof for any cause other than one or more of those
specified in clause 10 hereof; or
(d) abandons or repudiates this Agreement—
the Premier may by notice in writing determine this Agreement but
such determination shall not affect the enforcement of any right,
obligation or liability theretofore accrued or incurred.
14. If there be any difference or dispute between the parties hereto in
respect of any matter arising out of or in connexion with this
Agreement either party may give notice to the other of the
difference or dispute and if the difference or dispute is not settled
within one month after service of the notice—
(a) that matter shall be referred to two arbitrators one such
arbitrator to be appointed by each party to this Agreement;
and
(b) the provisions of the Arbitration Act 1958 (in particular
the provision allowing arbitrators to appoint an umpire)
shall apply to the reference as if it were a reference by
consent under that Act.
15. Any notice consent or other writing authorized or required by this
Agreement to be given or sent shall be deemed to have been duly
given or sent by the State if signed by the Premier or other
Minister of the Crown acting on his behalf and forwarded by
prepaid post to the registered office of the Company in the State or
to such other office of the Company in Australia as the Company
by notice in writing to the Secretary of the Premier's Department
from time to time nominates and by the Company if signed by a
director or the Secretary of the Company, and forwarded by
prepaid post to the Premier and any such notice consent or writing
shall be deemed to have been received on the day on which it
would be delivered in the ordinary course of post.
16. This Agreement shall be interpreted according to the laws for the
time being in force in the State.
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IN WITNESS whereof the parties hereto have executed this Agreement the
day and year first above written.
Signed sealed and delivered by the said SIR
HENRY EDWARD BOLTE in the presence
of MURRAY VICTOR PORTER.
Murray Porter
Henry Bolte.
The Common Seal of John Lysaght
(Australia) Limited was hereto affixed in the
presence of
E. B. Gosse.
D. R. Ricard.
E. B. Gosse.
D. R. Ricard.
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FIRST SCHEDULE
Commencing at a point in the County of Mornington where the eastern
extremity of Bayview Road intersects the Foreshore on the western shore of
Western Port thence in a westerly direction along the northern side of
Bayview Road to the intersection of Bayview Road and the Frankston-
Flinders Road thence in a northerly direction along the eastern side of the
Frankston-Flinders Road to the intersection of the Frankston-Flinders Road
and Denham Road thence in an easterly direction along the southern side of
Denham Road to the intersection of Denham Road and McKirdys Road
thence in a northerly direction along the eastern side of McKirdys Road to
the intersection of McKirdys Road and the northern boundary of Crown
Allotment Number 55A thence in an easterly direction along the northern
boundary of Crown Allotment Number 55A to the point of intersection of the
northern boundary of Crown Allotment Number 55A and the western
boundary of Crown Allotment Number 56 thence in a northerly direction
along the western boundary of Crown Allotment Number 56 to the
intersection of the western boundary of Crown Allotment Number 56 and the
southern side of Pikes Road thence in an easterly direction along the southern
side of Pikes Road to the intersection of Pikes Road and Whitney's Road
thence in a southerly direction along the western side of Whitney's Road to
the intersection of Whitney's Road and the Foreshore on the western shore of
Western Port thence in a southerly direction along the western boundary of
the Foreshore on the western shore of Western Port to the point of
commencement.
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SECOND SCHEDULE
In Western Port, Parish of Tyabb, commencing from a point whose
Transverse Mercator Co-ordinates, Zone O are North 975,222 feet, East
1,226,237 feet run North by a line on grid bearing 0° 0′ for a distance of
910 feet, thence by a line on grid bearing of 37° 0′ for a distance of
9,590 feet, thence by a line which joins this point to the south-eastern angle
of Crown Allotment 58 at Whitney's Road, thence generally south-westerly
by following the western boundary of the Public Purposes Reserve adjacent
to Allotment 58, Denham Road, Allotment 74, Allotment 75B and Allotment
75D to a point defined by the intersection of the eastern boundary of
Allotment 75D with a line to the north of Bayview Road, which is drawn
parallel to and 66 feet away from its northern alignment thence by a line to
the point of commencement.
In this description Projection Origin of Zone O, Transverse Mercator is
144° 58′ 26" ⋅6948 Longitude East and the Equator. The Origin for
co-ordinates in this Zone is established at a point 1,153,521⋅56 feet west of
the projection origin and 14,887,059⋅19 feet south of the projection origin.
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ENDNOTES
General Information
The Western Port (Steel Works) Act 1970 was assented to on 7 April 1970
and came into operation on 30 April 1970: Government Gazette 29 April
1970 page 1142.
Endnotes
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Western Port (Steel Works) Act 1970
26
2. Table of Amendments
This Version incorporates amendments made to the Western Port (Steel
Works) Act 1970 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Port Services Act 1995, No. 82/1995
Assent Date: 28.11.95
Commencement Date: Ss 199, 200 on 14.12.95: Government Gazette
14.12.95 p. 3488—see Interpretation of Legislation
Act 1984
Current State: This information relates only to the provision/s
amending the Western Port (Steel Works) Act 1970
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Endnotes
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Western Port (Steel Works) Act 1970
27
3. Explanatory Details
No entries at date of publication.
Endnotes