❓ Hon. Norman Moore questions the Premier regarding the BHP Billiton (Termination of Agreements) Agreements Bill 2005, seeking clarification on specific clauses and obligations related to the termination of agreements and downstream processing. The Premier provides answers and tables a document.
AnsweredQoN 4151Legislative Council
QuestionView source ↗
I refer the Premier to the BHP Billiton (Termination of Agreements) Agreements Bill 2005, and ask -
(1) Will the Premier table the Deed of Covenant between BHPB and the State, dated 31 January 2002?
(2) If no to (1), why not?
(3) Will the Premier outline in general terms what are the company’s obligations that would be covered by Clause 4(a)(ii) of the Bill that were excluded from applying to activities under the 1952 and 1960 Agreements?
(4) Why has the Government included Clause 4(a)(ii) given the Bill’s purpose to end the 1952 and 1960 agreements is served by Clause 4(a)(i) that specifically refers to those agreements?
(5) Will there be any legally enforceable obligations on BHP Billiton to pursue downstream processing following passage of this Bill, and if so, under what legislation?
(1) Will the Premier table the Deed of Covenant between BHPB and the State, dated 31 January 2002?
(2) If no to (1), why not?
(3) Will the Premier outline in general terms what are the company’s obligations that would be covered by Clause 4(a)(ii) of the Bill that were excluded from applying to activities under the 1952 and 1960 Agreements?
(4) Why has the Government included Clause 4(a)(ii) given the Bill’s purpose to end the 1952 and 1960 agreements is served by Clause 4(a)(i) that specifically refers to those agreements?
(5) Will there be any legally enforceable obligations on BHP Billiton to pursue downstream processing following passage of this Bill, and if so, under what legislation?
AnswerView source ↗
Answered
21 September 2006
Responded by
Leader of the House representing the Premier
Response time
28 days
(1) Yes.[see tabled paper no] (2) Not applicable. (3) The State Agreements did not, in general, seek to specifically identify provisions of general legislation to be modified, particularly as the terms of the State Agreements were themselves given legislative effect by the approving Acts. There were a few provisions, however, which expressly modified or disapplied provisions of general legislation, for example, legislation relating to the supply of electricity. (4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(2) Not applicable. (3) The State Agreements did not, in general, seek to specifically identify provisions of general legislation to be modified, particularly as the terms of the State Agreements were themselves given legislative effect by the approving Acts. There were a few provisions, however, which expressly modified or disapplied provisions of general legislation, for example, legislation relating to the supply of electricity. (4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(3) The State Agreements did not, in general, seek to specifically identify provisions of general legislation to be modified, particularly as the terms of the State Agreements were themselves given legislative effect by the approving Acts. There were a few provisions, however, which expressly modified or disapplied provisions of general legislation, for example, legislation relating to the supply of electricity. (4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(2) Not applicable. (3) The State Agreements did not, in general, seek to specifically identify provisions of general legislation to be modified, particularly as the terms of the State Agreements were themselves given legislative effect by the approving Acts. There were a few provisions, however, which expressly modified or disapplied provisions of general legislation, for example, legislation relating to the supply of electricity. (4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(3) The State Agreements did not, in general, seek to specifically identify provisions of general legislation to be modified, particularly as the terms of the State Agreements were themselves given legislative effect by the approving Acts. There were a few provisions, however, which expressly modified or disapplied provisions of general legislation, for example, legislation relating to the supply of electricity. (4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(4) Clause 4(a)(ii) was inserted to maintain the legitimacy of historic activities undertaken by the companies with the authority of the State Agreements in anticipation of termination of the Agreements. (5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
(5) The parties to the Agreements being terminated have met their obligations. Termination of these Agreements has no bearing on the downstream processing obligations of BHP Billiton and its joint venture participants under their active iron ore State Agreements, the last of which were satisfied by the construction and operation of the hot briquetted iron project at Port Hedland.
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