❓ A WA parliamentary question seeks details about the Ord Development Agreement with Kimberley Agricultural Investment (KAI), including termination clauses, Aboriginal development package progress, and agreement transparency. The government provides answers, but declines to table the agreement.
AnsweredQoN 1226Legislative Council
QuestionView source ↗
I refer to the Government’s Ord Development Agreement with Kimberley Agricultural Investment (KAI) which was signed in 2013, and I ask:
(a) does the agreement have any termination clauses;
(b) if yes to (1):
(i) what are the conditions that can trigger the termination clause;
(ii) is there any provision for the developer, if the development doesn’t proceed, to claim back the cost of capital investment in the project; and
(iii) is there an early termination clause and, if yes, what are its provisions;
(c) has an Aboriginal development package for the Knox Plains land been developed;
(d) if yes to (c):
(i) how many Aboriginal jobs will be created;
(ii) how many Aboriginal training opportunities will be created;
(iii) how many Aboriginal businesses will be developed; and
(iv) what funding has KAI agreed to pay;
(e) if no to (c), has KAI indicated a date for the completion of the Aboriginal development package and, if not, why not; and
(f) can the Parliamentary Secretary please table a copy of the original agreement and, if not, why not?
(a) does the agreement have any termination clauses;
(b) if yes to (1):
(i) what are the conditions that can trigger the termination clause;
(ii) is there any provision for the developer, if the development doesn’t proceed, to claim back the cost of capital investment in the project; and
(iii) is there an early termination clause and, if yes, what are its provisions;
(c) has an Aboriginal development package for the Knox Plains land been developed;
(d) if yes to (c):
(i) how many Aboriginal jobs will be created;
(ii) how many Aboriginal training opportunities will be created;
(iii) how many Aboriginal businesses will be developed; and
(iv) what funding has KAI agreed to pay;
(e) if no to (c), has KAI indicated a date for the completion of the Aboriginal development package and, if not, why not; and
(f) can the Parliamentary Secretary please table a copy of the original agreement and, if not, why not?
AnswerView source ↗
Answered
12 August 2014
Responded by
Parliamentary Secretary representing the Minister for Regional Development
Response time
91 days
(a) Yes. (b) (i) Force Majeure events, insolvency of the developer, failure of the developer to comply with any material in respect to the Goomig Farm Design and Development Plan or environmental approvals, conditions precedents or subsequent, or development milestones not being satisfied by agreed dates, the provider of bank guarantees ceases to have the required rating, assignment of leases without prior approval of the State. (ii) No. (iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(b) (i) Force Majeure events, insolvency of the developer, failure of the developer to comply with any material in respect to the Goomig Farm Design and Development Plan or environmental approvals, conditions precedents or subsequent, or development milestones not being satisfied by agreed dates, the provider of bank guarantees ceases to have the required rating, assignment of leases without prior approval of the State. (ii) No. (iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(ii) No. (iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(b) (i) Force Majeure events, insolvency of the developer, failure of the developer to comply with any material in respect to the Goomig Farm Design and Development Plan or environmental approvals, conditions precedents or subsequent, or development milestones not being satisfied by agreed dates, the provider of bank guarantees ceases to have the required rating, assignment of leases without prior approval of the State. (ii) No. (iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(ii) No. (iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(iii) See (i) above. (c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(c) No. This is still a matter under development between the MG Corporation and Kimberley Agricultural Investment (KAI). (d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(d) Not applicable. (e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(e) KAI and the MG Corporation met on 26 June 2014 to advance this mutual interest in the Knox Plain Aboriginal Development Package (ADP). Agreement of an ADP requires both parties to be satisfied so it is not just a matter for KAI to set a date. (f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
(f) No. The Ord Development Agreement contains information that if made public could be prejudicial to the mutual objectives of the Government and KAI in developing the Ord scheme.
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