Sch 4Lease relating to Port of Whyalla void etc

Schedule 4—Lease relating to Port of Whyalla void etc 1—Interpretation In this Schedule— prescribed land means the whole of the land comprised in— (a) Certificate of Title Register Book Volume 6105 Folio 304; and (b) Certificate of Title Register Book Volume 6141 Folio 526; and (c) Certificate of Title Register Book Volume 5582 Folio 363; and (d) Certificate of Title Register Book Volume 5463 Folio 457; and (e) Certificate of Title Register Book Volume 5603 Folio 813, and includes any other land that is the subject of the lease to which this Schedule applies. 2—Application of Schedule (1) This Schedule applies to the lease agreement executed or purportedly executed on 29 June 2018, being the lease purportedly granted by OneSteel Manufacturing Pty Ltd ACN 004 651 325 to Whyalla Ports Pty Ltd ACN 153 225 364 in respect of all or specified parts of the prescribed land for the period from 1 January 2012 to 31 December 2018 together with— (a) any option to extend the term of the lease (however described); and (b) any tenancy that arises if the tenant holds over at the expiry of the lease. (2) This Schedule has effect— (a) despite any provision of the Indenture, or the Indenture under the Broken Hill Proprietary Company's Indenture Act 1937, to the contrary; and (b) notwithstanding the provisions of the Real Property Act 1886 or any other Act or law. (3) Nothing in this Schedule limits section 6A of this Act. (4) Section 8(1)(b) of this Act does not apply to any dispute or difference between the State and the Company arising out of or in connection with the operation of this Schedule. 3—Lease or purported lease over prescribed land void and of no effect (1) On the commencement of this clause, the lease to which this Schedule applies will, by force of this clause, be taken to be— (a) void and of no force or effect; and (b) always to have been void, and never to have had force or effect. (2) Nothing in this clause has the effect of validating a lease that was granted in contravention of a requirement under the Act, the Indenture, or the Indenture under the Broken Hill Proprietary Company's Indenture Act 1937. See, for example, clause 31 of the Indenture, and clause 18 of the Indenture under the Broken Hill Proprietary Company's Indenture Act 1937, which require the consent of the State before certain leases can be granted or assigned. 4—Interests in certain rail and other infrastructure void and of no effect (1) On the commencement of this clause, any interest or purported interest in a person or body other than the Company in— (a) a tramway or railway made, formed, laid down, constructed by or on behalf of the Company, or an extension of a tramway or railway, on the prescribed land; or (b) any jetties, wharves, works, buildings, approaches, road ways, conveniences, vermin fences, dog proof fences or rabbit proof fences erected or constructed by or on behalf of the Company on the prescribed land; or (c) any other tramway or railway made, formed, laid down, constructed by or on behalf of the Company, or an extension of a tramway or railway, pursuant to the contract dated February 2012 entitled "General conditions of contract for engineering procurement and construction – Whyalla Port Expansion Project – Rail Network Extensions" between OneSteel Manufacturing Pty Ltd (ACN 004 651 325) and CPB Contractors Pty Ltd (ACN 000 893 667) (formerly Leighton Contractors Pty Ltd), will, by force of this clause, be taken to be— (d) void and of no force or effect; and (e) always to have been void, and never to have had force or effect. See clauses 7 to 9 of the Indenture under the Broken Hill Proprietary Company's Indenture Act 1937. (2) However, subclause (1) does not apply to an interest, or interests of a class, prescribed by the regulations. (3) Subclause (1) has effect whether the interest was created by or on behalf of the Company, Whyalla Ports Pty Ltd (ACN 153 225 364) or any other person or body. (4) For the purposes of the laws of the State, a tramway or railway, or extension of a tramway or railway, referred to in subclause (1) will, by force of this clause— (a) be taken not to be, and never to have been, personal property (however described); and (b) be taken to have merged (at the time it was made, formed, laid down or constructed) with the land to which it is affixed and always to have formed part of the land. (5) Subclause (4) has effect despite section 11 of the Railways (Operations and Access) Act 1997. (6) A statutory right created, arising out of, or provided for, by the operation of this clause is declared not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. 5—Registrar‑General to alter etc instruments of title The Registrar‑General must, as soon as is reasonably practicable after the commencement of this clause, make such alterations to, or endorsements on, any instrument of title to prescribed land, or any plan or other document, in their possession or power as may be required as a result of the operation of this Schedule. 6—No effect on future dealings in prescribed land Nothing in this Schedule affects a dealing with prescribed land (however described) that occurs on or after the commencement of this clause with the consent of the State. Consolidated Indenture This consolidation is provided for convenience only and does not form part of the Act. Original Indenture and amendments Year No Title Assent Broken Hill Proprietary Company's Steel Works Indenture Act 1958 13.11.1958 12.12.1958 (Gazette 18.12.1958 p1635) Statutes Amendment (BHP Indentures) Act 2000