Broken Hill Proprietary Company's Indenture Act 1937 (SA)

South Australia Broken Hill Proprietary Company's Indenture Act 1937 An Act to authorise and ratify an Indenture made between His Majesty King George the Sixth of the first part, the Lieutenant-Governor of the State of South Australia of the second part, and the Broken Hill Proprietary Company Limited of the third part, to ratify a Deed amending the Indenture, and to secure to the Company the rights provided for in the Indenture and to provide for carrying the provisions of the Indenture into effect, and for purposes incidental thereto.

Contents 1 Short title 1A Interpretation 2 Validation of Indenture and 2000 Deed of Amendment 5 Saving of certain rights 6 Further provisions as to the Indenture 7 Construction of Government railways 8 Right to cross tramways etc of the Company 9 Leases in paragraph B of the Schedule to the Indenture 10 Vesting of Company's statutory rights and obligations in assignee 11 References to shares listed on a stock exchange Schedule 1—The original Indenture Schedule 2—The 2000 Deed of Amendment Consolidated Indenture Legislative history

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Broken Hill Proprietary Company's Indenture Act 1937. 1A—Interpretation In this Act, unless the contrary intention appears— BHP means The Broken Hill Proprietary Company Limited; the Company means BHP and includes its successors and assigns; the 2000 Deed of Amendment means the deed set out in Schedule 2; the Indenture means the Indenture set out in Schedule 1, as amended from time to time. 2—Validation of Indenture and 2000 Deed of Amendment The Indenture set out in Schedule 1 and the provisions of the 2000 Deed of Amendment that amend or relate to that Indenture are hereby authorised and ratified, and, subject to the other sections of this Act, shall, notwithstanding any other enactment, be carried out by the parties thereto and take effect as though the obligations, duties, liabilities, rights, powers, exemptions and privileges therein provided for had been expressly imposed and granted by an Act of the Parliament of the State. 5—Saving of certain rights The Indenture shall not— (a) entitle the Company to acquire the fee simple of any land comprised in any mineral leases: (b) prohibit the South Australian Harbors Board or any other Governmental authority for the time being controlling harbours of the State from imposing or collecting from the said Company any port dues or fees for pilotage, if such dues or fees would apart from this Act have been properly payable by the Company under any law for the time being in force. The term port dues means any charge generally applicable throughout the State for channels and lights or either of them, provided by the State. 6—Further provisions as to the Indenture The Indenture shall be construed as if it contained the following covenants: (a) The blast furnace to be established at Whyalla shall be capable of producing at least 200 000 tons of pig iron per annum: (b) The Company before commencing to erect or construct any jetties wharves works buildings approaches roads ways tramways or conveniences pursuant to clause 7 of the said Indenture shall lodge with the Minister of Marine of South Australia for the time being in office plans showing the actual sites selected by the said company for the erection or construction of such jetties wharves works buildings approaches roads ways tramways or conveniences. 7—Construction of Government railways If the South Australian Railways Commissioner should at any time (whether during or after the term of the Indenture) be authorised by Statute to connect any Government railway with any tramway of the Company, the said Company will at the request of the said Commissioner from time to time— (a) grant and afford the said Commissioner all necessary and reasonable rights, facilities and opportunities for joining the said Government line of railway with the tramways of the Company and for maintaining the junction in proper repair; and (b) in consideration of the payment by the Commissioner of reasonable charges to be mutually agreed upon, and under such arrangements as are mutually agreed upon, haul over any tramways for the time being operated by the Company, such carriages and wagons (together with all passengers, livestock, goods and chattels thereon) as the Commissioner delivers to the said Company on its tramways, and reasonably requires to be so hauled for the purpose of carrying on his business; such haulage to be carried out with as great expedition as is reasonable, having regard to the Company's own requirements, and with locomotives to be supplied and operated by the Company. If the Commissioner and the Company are unable to agree as to any matter under this section that matter shall be settled by arbitration. 8—Right to cross tramways etc of the Company No rights of the Company shall be deemed to be impaired, disturbed or prejudicially affected merely by virtue of the fact that any person by or pursuant to any Act is granted or exercises any of the following rights, namely: Any right to erect, construct, maintain and operate any railway, tramway or apparatus for transmitting electricity, which railway, tramway or apparatus— (a) passes above or below any railway or tramway of the Company or any of the Company's apparatus for transmitting electricity; and (b) is erected, constructed, maintained and operated in such a manner as not to interfere with a reasonable exercise by the said Company of any of its rights. 9—Leases in paragraph B of the Schedule to the Indenture The leases referred to in paragraph B. of the Schedule contained in the Indenture are the mineral leases held by the Company, numbered 2713 to 2730, inclusive. 10—Vesting of Company's statutory rights and obligations in assignee (1) If at any time the rights and obligations of the Company under the Indenture are duly assigned to and assumed by an assignee in accordance with the Indenture— (a) all other rights and obligations of the Company under this Act vest at the same time in the assignee; and (b) subject to subsection (2), the assignor and the State are released from any future obligations to each other under this Act. (2) If the assignee is a subsidiary (within the meaning of the Corporations Law) of BHP, subsection (1)(b) does not operate to release BHP from its obligations to the State under this Act unless and until the assignee ceases to be a subsidiary of BHP. (3) The Minister must, within 14 days of an assignment and assumption of the Company's rights and obligations under the Indenture taking effect, cause notice of the name and registered address of the assignee to be published in the Gazette (but failure to comply with this subsection has no prejudicial effect on that assignment and assumption). 11—References to shares listed on a stock exchange A reference in the Indenture (or in the 2000 Deed of Amendment) to shares listed (or being listed) on a stock exchange will be taken to include a reference to shares quoted (or being quoted) on a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.