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Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020

11 Dec Posted by in Uncategorized | Comments
Iron Ore Processing (Mineralogy Pty. Ltd.) Agreement Amendment Bill 2020

We note that this theme was addressed with the introduction of iron ore processing (Mineralogy Pty. Ltd.) of particular current interest. Agreement amendment 2020 in Parliament this week. Allens will follow the evolution of this first legislative proposal. Quote: Nick Seddon, `The Palmer Act` on AUTRICHE (August 31, 2020) Despite these broadly supportive views, the passage of state-related bills has not been a mere “rubber sealing exercise” over the past decade. The amendments are usually developed and coordinated with the supporter of the state agreement before being introduced into Parliament. As a result, bills, as they have been introduced, are rarely amended. However, over the past decade, the VA government has benefited from amending an agreement to “modernize” and “normalize” it or impose additional obligations, again with the agreement of the supporter. We expect this trend to continue, particularly in cases where state agreements are being renewed or other changes are being made. While government agreements require supporters to respect the existing environmental legal framework (both in the countryside and at the federal level), environmental and other issues are the subject of wider debate in Parliament. During the debate, members of the Green Party stated that they were opposed in principle to the state agreements because they were “inherently anti-competitive”. Members of the Green Party also oppose state agreements on environmental grounds.

The recently amended agreement (the North-West-Shelf Agreement) was strongly rejected by Members of the Greens due to concerns about the environmental impact and the inflexibility of the extension of the term until 2071. The state attempted to challenge the prize in 2019 in the Supreme Court (Western Australia v Mineralogy Pty Ltd [2020] WASC 58). One of the questions was whether the Repealed Commercial Arbitration Act of 1985 (VA) or the current Commercial Arbitration Act 2012 (AV) had been applied. The grounds for appeal are much more limited than the first. Justice Martin found that he was applying for the 2019 prize and that the state could not appeal. There was a long gap in which the applicants did not take steps to exercise their rights. There were differences of opinion between the parties on the impact of the 2014 prize. Until 2017, the state considered it to be obsolete. This triggered a second arbitration proceeding asking Mr. McHugh to consider whether claims could be assessed on the delay and whether the harm caused to the alleged offence of imposing allegedly inappropriate conditions on supporters 46 could be assessed. Mr. McHugh handed over a second arbitration award (the 2019 award) in which he believed that the supporters had not committed a disproportionate and inexcusable delay and that it was possible to assess the harm suffered by the violations.

On June 26, 2020, Mr. McHugh ordered that, as of November 30, 2020, a 15-day damage assessment hearing from November 30, 2020, so that he could review his decision and assessment of the Christmas and New Year`s damages in order to obtain a prize in the new year. It is likely that this has been frozen since the adoption of the legislation discussed below. The COVID-19 Response and Economic Recovery Omnibus Bill 2020 is a flexible and responsive legislative solution to many of the problems caused by the COVID-19 pandemic.

 

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