Queensland CENTRAL QUEENSLAND COAL ASSOCIATES AGREEMENT AMENDMENT BILL 1997 Queensland oh CENTRAL QUEENSLAND COAL ASSOCIATES AGREEMENT AMENDMENT BILL 1997 TABLE OF PROVISIONS Section Page 1 Short title 2.2... eee eee 4 2 Commencement ......... 0.0.0 eee eee 4 3 Act amended .......... 0... eee eee 4 4 Amendment of s 2 (Execution of agreement authorised) ............... 4 5 Amendment of s 4 (Variation of agreement)................0...0020. 4 6 Amendment of s 5 (Proclamations and orders in council) .............. 5 7 Insertion of news 6 1.2... eee ee 5 6 Making of agreement authorised ...............0.2 220 e eee eee 5 8 Amendment of schedule .......... 0.0.00 6 9 Insertion of new schs 2 and3 ..... 0.2... eee 6 SCHEDULE 2 Oo mOANI DH FW NY CENTRAL QUEENSLAND COAL ASSOCIATES AMENDMENT AGREEMENT 1997 Agreement amended .......... 0. cece cee cee 7 Replacement of ptI, cl] ...... 00... cece cece ees 7 Amendment of pt I, cl2 1.0... 0... eee cece ee eee 8 Amendment of pt I, cl4 ...... oes 9 Amendment of pt cl5 ..... 0.0... cece eee ees 10 Omission of pt I, cl6.......... 06. cece eens 10 Omission of pt I]... . 2... eects 10 Amendment of pt III, cl 5 6... 6.00. eee 10 Amendment of pt III, cl 7 2... 6.0.0 e eee eee 11 Central Queensland Coal Associates Agreement Amendment 10 Amendment of pt III, cl9 2.0... oie cece ees 11 ll Omission of pt III, cls 10, 11, 13-18, 20 and 21-24................... 12 SCHEDULE 3 CENTRAL QUEENSLAND COAL ASSOCIATES AMENDMENT AGREEMENT 1997 1 Agreement amended .......... 0. cece cee cee 16 2 Amendment of pt], cl2 12... 0.0... cece eee ees 16 3 Amendment of pt IX, cls ll and 12............0.......000..002000. 17 A BILL FOR An Act to amend the Central Queensland Coal Associates Agreement Act 1968 Clause Clause Clause Clause Clause sl 4 s5 Central Queensland Coal Associates Agreement Amendment The Parliament of Queensland enacts— Short title 1. This Act may be cited as the Central Queensland Coal Associates Agreement Amendment Act 1997. Commencement 2. This Act commences on | January 1998. Act amended 3. This Act amends the Central Queensland Coal Associates Agreement Act 1968. Amendment of s 2 (Execution of agreement authorised) 4. Section 2, from '(herein with' to 'the schedule'-— omit, insert— 'the agreement, a copy of which is set out in schedule 1'. Amendment of s 4 (Variation of agreement) 5.(1) Section 4(1), from 'Premier' to 'order in council'— omit, insert— 'parties to the agreement under the authority of any Act'. (2) Section 4(3), from 'unless and until' to 'section 5(4)'— omit. 1113 151719 Clause Clause $6 5 s7 Central Queensland Coal Associates Agreement Amendment Amendment of s 5 (Proclamations and orders in council) 6.(1) Section 5(1), from 'from time to time' to 'orders in council'— omit, insert— 'make regulations'. (2) Section 5(2) to (4)— omit, insert— "(2) A proclamation or order in council made under subsection (1) is subordinate legislation.'. Insertion of new s 6 7. After section 5— insert— "Making of agreement authorised "6.(1) The Premier is authorised, for the State, to make an agreement with the parties named in the agreement in schedule 2. '(2) The agreement must be substantially in the form set out in schedule 2. "(3) After the agreement in schedule 2 is made, the Premier is authorised, for the State, to make an agreement with the parties named in the agreement in schedule 3. "(4) The agreement must be substantially in the form set out in schedule 3. "(5) The Premier must notify the date of the making of each agreement by gazette notice.'. eA DA vA fF W WY 1114 16 1821 23 s8 6 s9 Central Queensland Coal Associates Agreement Amendment Amendment of schedule Clause 8. Schedule, heading— omit, insert— 'SCHEDULE 1 "THE AGREEMENT'. Insertion of new schs 2 and 3 Clause 9. After schedule 1 (as renumbered)— insert— "SCHEDULE 2 "CENTRAL QUEENSLAND COAL ASSOCIATES AMENDMENT AGREEMENT 1997 section 6 AN AGREEMENT made the day of 199 BETWEEN: THE STATE OF QUEENSLAND AND: BHP COAL PTY LTD (ACN 010 595 721), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland MITSUBISHI DEVELOPMENT PTY LTD (ACN 009 779 873), a company duly incorporated according to law and having its registered office at Level 22, Riverside Centre, 123 Eagle Street, Brisbane, Queensland n Rh WN io OND 14 1618 2022 sl 7 s2 Central Queensland Coal Associates Agreement Amendment AUSTRALIAN MUTUAL PROVIDENT SOCIETY (ARBN 008 387 371), a body corporate duly constituted according to law having its principal office at A.M.P. Place, 10 Eagle Street, Brisbane, Queensland UMAL CONSOLIDATED PTY LTD (ACN 000 767 386), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland BHP QUEENSLAND COAL LIMITED (ARBN 010 506 073), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland QCT INVESTMENT PTY LTD (ACN 010 487 831), a company duly incorporated according to law and having its registered office at 8th Floor, 410 Queen Street, Brisbane, Queensland QCT MINING PTY LTD (ACN 010 487 840), a company duly incorporated according to law and having its registered office at 8th Floor, 410 Queen Street, Brisbane, Queensland. QCT RESOURCES LIMITED (ACN 010 808 705), a company duly incorporated according to law and having its registered office at 10th Floor, 307 Queen Street, Brisbane, Queensland Agreement amended 1. This Agreement amends the Central Queensland Coal Associates Agreement 1969 under the Central Queensland Coal Associates Agreement Act 1968. Replacement of pt I, cl 1 2. Part I, clause 1— omit, insert— wmarnnn BWwWNR 12 1416 1820 2224 2730 s3 8 s3 Central Queensland Coal Associates Agreement Amendment '1. This PAR] PAR] PART 'PART 1—PRELIMINARY Agreement is divided into the following parts— [ I—~PRELIMINARY [ WI—SPECIAL COAL MINING LEASES [ V—PROVISIONS RELATING TO HARBOUR AND WORKS PART GOV PART MIN PART TRIB PART [ VI—PROVISIONS RELATING TO LOCAL ERNMENT [ VII—WATER FOR AND IN CONNECTION WITH NG OPERATIONS [ VIIA—DIVERSION OF ISAAC RIVER AND CERTAIN UTARIES [ VIUI—PROVISIONS RELATING TO LANDS (INCLUDING BRIGALOW LANDS) PAR] [ IX—GENERAL'. Amendment of pt I, cl 2 3.(1) Part I, clause 2, definitions "Authority to Prospect No. 6C", "The Authority to Prospect", "The Harbours Acts", "The Land Acts", "The Local Government Acts", "The Minister", "The Railways Acts" and omit. (2) Part insert— "The Water Acts"— I, clause 2— ' "coking coal" means coal that can be used to manufacture coke. "Companies" means— (a) BHP Coal Pty Ltd; and (b) Mitsubishi Development Pty Ltd; and 1820 2224 26 s4 9 s4 Central Queensland Coal Associates Agreement Amendment (c) Australian Mutual Provident Society; and (d) Umal Consolidated Pty Ltd; and (e) BHP Queensland Coal Limited; and (f) QCT Investment Pty Ltd; and (g) QCT Mining Pty Ltd; and (h) QCT Resources Limited. "Harbours Acts" means the Transport Infrastructure Act 1994. "Initial Expiry Date" means 31 December 2010. "Land Acts" means the Land Act 1994. "Local Government Acts" means the Local Government Act 1993. "Minister" means— (a) for Part I[]—the Minister administering Part III of the Act; or (b) otherwise—the Premier of Queensland. "Railways Acts" means the 7ransport Infrastructure Act 1994. "Special Coal Mining Lease"— (a) means a Special Coal Mining Lease granted, under the Coal Mining Acts, in accordance with this Agreement; but (b) does not include a Special Coal Mining Lease granted in accordance with Part III, Clause 25. "Water Acts" means the Water Resources Act 1989.'. Amendment of pt I, cl 4 4. Part I, clause 4— insert— "(2) This clause expires on 31 December 2002.'. Oo Om ANYN Dn FW NY a a nA FF Ww NY KF SO ee Na ee \o N Co 2224 s5 10 s8 Central Queensland Coal Associates Agreement Amendment Amendment of pt I, cl 5 5. Part I, clause 5, 'or with the approval of the Governor in Council by Order in Council'— omit. Omission of pt I, cl 6 6. Part I, clause 6— omit. Omission of pt II 7. Part [— omit. Amendment of pt III, cl 5 8.(1) Part III, clause 5(1)(a) and (b), 'export from the State'-— omit, insert— "sell, or otherwise dispose of,'. (2) Part IIL, clause 5(1), eighth paragraph, second sentence, 'coking coal recovered from the Special Coal Mining Leases'— omit, insert— 'coal recovered from the Special Coal Mining Leases, and sold or otherwise disposed of,'. (3) Part III, clause 5(1), ninth paragraph, 'export'— omit, insert— "sell, or otherwise dispose of,'. (4) Part III, clause 5(1), tenth paragraph, from 'for the purpose' to "'coking'— omit, insert— BR WN Nn 1214 16 19 2124 s9 11 s10 Central Queensland Coal Associates Agreement Amendment "such further quantities of". (5) Part III, clause 5(2), fourth paragraph, 'five hundredths per centum (0.50%)'— omit, insert— "0.05%". Amendment of pt III, cl 7 9.(1) Part III, clause 7(1), 'the Initial Expiry Date— omit, insert— "31 December 1997'. (2) Part II, clause 7— insert— "(1A) From 1 January 1998 until the 31 December 2010, the Companies must pay an annual rent of — (a) for land leased under Special Coal Mining Lease 1763—$1 for each acre of land; and (b) for land leased under Special Coal Mining Leases 1775, 1781 and 1782—$15 for each hectare of land.'. (3) Part II, clause 7(2), from 'such rent' to 'Coal Mining Acts'— omit, insert— 'the rent prescribed under the Mineral Resources Act 1989. Amendment of pt III, cl 9 10. Part III, clause 9(d), from 'a fine' to 'such fine'-— omit, insert— 'the penalty prescribed under the Mineral Resources Act 1989 and if the penalty is not paid'. nan FF WN Nowe ES Mon 11 13 15 17 192225 sll 12 sll Central Queensland Coal Associates Agreement Amendment Omission of pt II, cls 10, 11, 13-18 and 20-24 11. Part III, clauses 10,11, 13 to 18 and 20 to 24— omit. SIGNED by PREMIER OF THE STATE OF QUEENSLAND, FOR THE STATE in the presence of: SIGNED by a duly constituted Attorney of BHP COAL PTY LTD in the presence of: SIGNED by a duly constituted Attorney of MITSUBISHI DEVELOPMENT PTY LTD in the presence of: ) ) ) w CSCOWMWNDN 121416192123 sll 13 sll Central Queensland Coal Associates Agreement Amendment SIGNED by ) 1 a duly constituted Attorney of ) 2 AUSTRALIAN MUTUAL PROVIDENT » 3 SOCIETY ) 4 in the presence of: 5Lecce cece eee eee eee 7 Witness 8 SIGNED by ) 9 a duly constituted Attorney of ) 10 UMAL CONSOLIDATED PTY LTD » 11 in the presence of: 12Lecce ee eens 14 Witness 15 SIGNED by ) 16 a duly constituted Attorney of ) 17 BHP QUEENSLAND COAL LIMITED » 18 in the presence of: 19Lecce ee eens 21 Witness 22 SIGNED by ) 23 a duly constituted Attorney of ) 24 QCT INVESTMENT PTY LTD » 25 in the presence of: 26Lecce cece eee eee eee 28 Witness 29 sll 14 sll Central Queensland Coal Associates Agreement Amendment SIGNED by ) 1 a duly constituted Attorney of ) 2 QCT MINING PTY LTD » re 3 in the presence of: 4bee e eee e eee eee 6 Witness 7 SIGNED by ) 8 a duly constituted Attorney of ) 9 QCT RESOURCES LIMITED » re 10 in the presence of: 11See eee eee eee 13 Witness 14 sll 15 sll Central Queensland Coal Associates Agreement Amendment 'SCHEDULE 3 'CENTRAL QUEENSLAND COAL ASSOCIATES AMENDMENT AGREEMENT 1997 section 6 AN AGREEMENT made the day of 199 BETWEEN: THE STATE OF QUEENSLAND AND: BHP COAL PTY LTD (ACN 010 595 721), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland MITSUBISHI DEVELOPMENT PTY LTD (ACN 009 779 873), a company duly incorporated according to law and having its registered office at Level 22, Riverside Centre, 123 Eagle Street, Brisbane, Queensland AUSTRALIAN MUTUAL PROVIDENT SOCIETY (ARBN 008 387 371), a body corporate duly constituted according to law having its principal office at A.M.P. Place, 10 Eagle Street, Brisbane, Queensland UMAL CONSOLIDATED PTY LTD (ACN 000 767 386), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland BHP QUEENSLAND COAL LIMITED (ARBN 010 506 073), a company duly incorporated according to law and having its registered office at Level 13, Riverside Centre, 123 Eagle Street, Brisbane, Queensland QCT INVESTMENT PTY LTD (ACN 010 487 831), a company duly incorporated according to law and having its registered office at 8th Floor, 410 Queen Street, Brisbane, sl 16 s2 Central Queensland Coal Associates Agreement Amendment Queensland QCT MINING PTY LTD (ACN 010 487 840), a company duly incorporated according to law and having its registered office at 8th Floor, 410 Queen Street, Brisbane, Queensland QCT RESOURCES LIMITED (ACN 010 808 705), a company duly incorporated according to law and having its registered office at 10th Floor, 307 Queen Street, Brisbane, Queensland QCT MANAGEMENT LIMITED (ACN 010 472 036), a company duly incorporated according to law and having its registered office at 10th Floor, 307 Queen Street, Brisbane, Queensland Agreement amended 1. This Agreement amends the Central Queensland Coal Associates Agreement 1969 under the Central Queensland Coal Associates Agreement Act 1968. Amendment of pt I, cl 2 2. Part I, clause 2, definition "Companies"— omit, insert— " "Companies" means— (a) (b) (c) (d) (e) (f) (g) BHP Coal Pty Ltd; and Mitsubishi Development Pty Ltd; and Umal Consolidated Pty Ltd; and BHP Queensland Coal Limited; and QCT Investment Pty Ltd; and QCT Mining Pty Ltd; and QCT Management Limited.'. 1921232527 s3 17 s3 Central Queensland Coal Associates Agreement Amendment Amendment of pt IX, cls 11 and 12 3. Part IX, clauses 11 and 12, from 'thirty eight point three seven per centum (38.37%)' to 'QCT Resources Limited.'— omit, insert— "42.85% as to BHP Coal Pty Ltd, 15.53% as to Mitsubishi Development Pty Ltd, 0.75% as to Umal Consolidated Pty Ltd, 8.50% as to BHP Queensland Coal Limited, 12% as to QCT Investment Pty Ltd, 15.78% as to QCT Mining Pty Ltd and 4.59% as to QCT Management Limited.' SIGNED by ) PREMIER OF THE STATE OF ) QUEENSLAND, FOR THE STATE )eeeeeeeeene eee in the presence of: Witness SIGNED by ) a duly constituted Attorney of ) BHP COAL PTY LTD » in the presence of: ) Witness SIGNED by ) a duly constituted Attorney of ) MITSUBISHI DEVELOPMENT PTY LTD ) ................ in the presence of: CIDAMN FR WHY 111315 171921242628 s3 18 s3 Central Queensland Coal Associates Agreement Amendment SIGNED by ) 1 a duly constituted Attorney of ) 2 AUSTRALIAN MUTUAL PROVIDENT » 3 SOCIETY ) 4 in the presence of: 5Lecce cece eee eee eee 7 Witness 8 SIGNED by ) 9 a duly constituted Attorney of ) 10 UMAL CONSOLIDATED PTY LTD » 11 in the presence of: 12Lecce ee eens 14 Witness 15 SIGNED by ) 16 a duly constituted Attorney of ) 17 BHP QUEENSLAND COAL LIMITED » 18 in the presence of: 19Lecce ee eens 21 Witness 22 SIGNED by ) 23 a duly constituted Attorney of ) 24 QCT INVESTMENT PTY LTD » 25 in the presence of: 26Lecce cece eee eee eee 28 Witness 29 s3 19 s3 Central Queensland Coal Associates Agreement Amendment SIGNED by ) 1 a duly constituted Attorney of ) 2 QCT MINING PTY LTD » re 3 in the presence of: 4bee e eee e eee eee 6 Witness 7 SIGNED by ) 8 a duly constituted Attorney of ) 9 QCT RESOURCES LIMITED » re 10 in the presence of: 11See eee eee eee 13 Witness 14 SIGNED by ) 15 a duly constituted Attorney of ) 16 QCT MANAGEMENT LIMITED » re 17 in the presence of: 18See eee eee eee 20 Witness'. 21 © State of Queensland 1997