State Agreements

Nevertheless, new state treaties are now much less frequent than in the 1960s and 1970s. A number of recent state agreements have been concluded to allow the construction of important railways – a necessary work under the Public Labour Act of 1902 (AV) which requires that a railway can only be built under the supervision of a special law that must indicate as accurately as possible the railway line and the point of departure and end. The special law does not necessarily have to be done through a state agreement, but this is the approach taken in practice by the VA government. The State participates in many federal assistance programs and is required to enter into certain agreements with the federal government. State agreements are not a one-size-fits-all approach to resource development in VA. Although all agreements have similar provisions, they are negotiated on a case-by-case basis and as such have project-specific clauses. The Cash Management Improvement Act of 1990 contains rules and procedures for the efficient transfer of federal financial aid between federal and state authorities. The law requires the state to enter into a treasury state agreement with the U.S. Treasury.

The North West Shelf (Woodside) Agreement and the Railway and Port (The Pilbara Infrastructure Pty Ltd) are just two examples of agreements that have introduced local content obligations. The last state agreement to be amended by Parliament, the North-West Gas Agreement, dates back 40 years when it was amended in 2019. The main objective of this amendment was to extend the duration of the agreement, which allowed the continuation of the operation until 2071. However, the VA government took advantage of this opportunity to impose new obligations on the company by inserting clauses into „modern government agreements“ requiring the implementation of community development plans and local participation plans for the project. The VA government also took the opportunity to amend existing state agreements to improve local content obligations. Since 2011, local content provisions have been increasingly incorporated into new state agreements and incorporated into existing agreements to ensure that local businesses can make the most of these important projects. The U.S. Office of Management and Budget Circular A-87 sets out specific requirements for the allocation of the land government`s central service costs, including the development and submission of a national cost allocation plan. After the conclusion of a state agreement, the developer must submit a development proposal for his project. FMG also establishes port facilities at Anderson`s point in Port Hedland and a rail link between the port and the mine through another 100% subsidiary, The Pilbara Infrastructure Pty Ltd (TPI).1 In December 2004, the State of Western Australia, TPI and FMG (TPI`s guarantor) entered into a state agreement providing for rail and port infrastructure to be subject to third-party access agreements. A state agreement is a favorable agreement between the VA government and a proponent of a major project within the borders of the VA. This is a very visible sign of the support and commitment of the VA and the supporter of the project.

The agreement on the alumina refinery (Mitchell Plateau) was denounced in 2015 with the agreement of its promoter, given the recognition of the important conservation and cultural values of the contract area. In the last ten years, 16 bills concerning a state agreement have passed through Parliament. Of which: Our mining team is involved in some of the largest and most important projects and agreements in the Australian mining sector. With unprecedented knowledge of all aspects of the mining life cycle, we are at the forefront of developments in this multifaceted sector with our strength and experience. For example, when the joint ventures requested amendments to the North West Shelf Agreement to allow for an additional 86 million tonnes of LNG for export (in the North West Gas Development (Woodside) Agreement Amendment Act 2015 (WA), the VA government took the opportunity to grant the change, but also required the joint ventures to comply with Western Australia`s domestic gas reservation policy.