Gladstone Power Station Agreement Variation Regulation 1994


Queensland Crest
GLADSTONE POWER STATION AGREEMENT VARIATION REGULATION 1994 and GLADSTONE POWER STATION AGREEMENT
Queensland Gladstone Power Station Agreement Act 1993 GLADSTONE POWER STATION AGREEMENT VARIATION REGULATION 1994 GLADSTONE POWER STATION AGREEMENT Reprinted as in force on 22 June 1995 Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 22 June 1995. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for information about when provisions commenced.
Queensland Gladstone Power Station Agreement Act 1993 GLADSTONE POWER STATION AGREEMENT VARIATION REGULATION 1994 Reprinted as in force on 22 June 1995 (regulation not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 22 June 1995. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use aspects of format and printing style consistent with current drafting practice (s 35). See endnotes for information about when provisions commenced.
Queensland GLADSTONE POWER STATION AGREEMENT VARIATION REGULATION 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Amendment of State agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 4 FURTHER AGREEMENT ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
s1 3 s2 Gladstone Power Station Agreement Variation Regulation 1994 GLADSTONE POWER STATION AGREEMENT VARIATION REGULATION 1994 [reprinted as in force on 22 June 1995] ˙ Short title 1. This regulation may be cited as the Gladstone Power Station Agreement Variation Regulation 1994 . ˙ Amendment of State agreement 2. For section 5 of the Act, the proposed further agreement in the schedule is approved.
4 Gladstone Power Station Agreement Variation Regulation 1994 ¡ SCHEDULE FURTHER AGREEMENT section 2 THIS AGREEMENT 1 is made the day of 1994 BETWEEN: 1. THE HONOURABLE WAYNE KEITH GOSS, PREMIER AND MINISTER FOR ECONOMIC AND TRADE DEVELOPMENT OF THE STATE OF QUEENSLAND, FOR AND ON BEHALF OF THE CROWN IN RIGHT OF THE STATE OF QUEENSLAND (“the State”); 2. GPS POWER PTY. LIMITED (ACN 009 103 422) of 33rd Floor, 55 Collins Street, Melbourne, Victoria, 3000 GPS ENERGY PTY LIMITED (ACN 063 207 456) of 33rd Floor, 55 Collins Street, Melbourne, Victoria, 3000 SUNSHINE STATE POWER B.V. (ARBN 062 295 425) of C/- Goudsmit & Branbergen, Advocaten, JJ Viottastraat 46 Postbus 75458, 1070 AL Amsterdam SUNSHINE STATE POWER (NO 2) B.V. (ARBN 063 382 829) of C/- Goudsmit & Branbergen, Advocaten, JJ Viottastraat 46 Postbus 75458, 1070 AL Amsterdam 1 The operative provisions of the agreement are not reprinted. The Gladstone Power Station Agreement is set out at the end of this regulation.
5 Gladstone Power Station Agreement Variation Regulation 1994 SLMA. GPS PTY LTD (ACN 063 779 028) of C/- KPMG Peat Marwick, Level 30, Central Plaza I, 345 Queen Street, Brisbane, Queensland, 4000 RYOWA II GPS PTY. LIMITED (ACN 063 780 058) of Suite 2207, Riverside Centre, 123 Eagle Street, Brisbane, Queensland, 4000 YKK GPS (QUEENSLAND) PTY LIMITED (ACN 062 905 275) of 127 Hyde Road, Yeronga, Brisbane, Queensland, 4104 (the “Participants” and each a “Participant” ); AND 3. NRG GLADSTONE OPERATING SERVICES PTY LTD (ACN 061 519 275) of Gladstone Power Station, Hanson Road, Gladstone, Queensland, 4680 (the “Operator” ). RECITALS A. By agreement dated 30 March 1994 between the parties made under Section 3 of the Gladstone Power Station Agreement Act 1993 the State provided certain undertakings and assurances relating to the acquisition by the Participants and future operation by the Participants and the Operator of the Gladstone Power Station in the context of the Electricity Act 1976 (“the State agreement”). B. The Electricity Act 1976 will be repealed and replaced by the Electricity Act 1994. The Electricity Act 1994 will commence on a day to be fixed by proclamation other than for section 287 which commenced on [ ]. C. Section 287(2) of the Electricity Act 1994 provides that the State will negotiate with the Participants to amend the State agreement, to take effect immediately after the commencement of the Electricity
6 Gladstone Power Station Agreement Variation Regulation 1994 Act 1994, so as to as nearly as possible maintain the rights and obligations had, immediately before the commencement of the Electricity Act 1994, by the State, the parties to the State agreement and the parties to the Transaction Documents mentioned in the State agreement. D. Section 287(9) of the Electricity Act 1994 provides that the application of that Act may be changed, amongst other things, by the State agreement, to give effect to subsections (1) to (4) of that section. E. Under section 5 of the Gladstone Power Station Agreement Act 1993 the State agreement may be amended by a further agreement between the Minister responsible for the administration of that Act and the other parties to the State agreement. F. The parties to the State agreement have negotiated and agreed on amendments to the State agreement in accordance with section 287(2) of the Electricity Act 1994 and for this purpose have entered into this further agreement made pursuant to section 5 of the Gladstone Power Station Agreement Act 1993.
7 Gladstone Power Station Agreement Variation Regulation 1994 EXECUTED BY THE PARTIES AS AN AGREEMENT. SIGNED by THE HONOURABLE WAYNE KEITH GOSS, PREMIER AND MINISTER FOR ECONOMIC AND TRADE DEVELOPMENT OF THE STATE OF QUEENSLAND, FOR AND ON BEHALF OF THE CROWN IN RIGHT OF THE STATE OF QUEENSLAND in the presence of: ) ) ) ) ) ) ) Witness SIGNED for and on behalf of GPS POWER PTY. LIMITED (ACN 009 103 422) by its duly constituted attorney in the presence of: Witness SIGNED for and on behalf of GPS ENERGY PTY LIMITED (ACN 063 207 456) by its duly constituted attorney in the presence of: Witness ) ) ) ) ) ) ) ) ) )
8 Gladstone Power Station Agreement Variation Regulation 1994 SIGNED for and on behalf of SUNSHINE STATE POWER B.V. (ARBN 062 295 425) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of SUNSHINE STATE POWER (NO. 2) B.V. (ARBN 063 382 829) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of SLMA. GPS PTY LTD (ACN 063 779 028) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness
9 Gladstone Power Station Agreement Variation Regulation 1994 SIGNED for and on behalf of RYOWA II GPS PTY. LIMITED (ACN 063 780 058) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of YKK GPS (QUEENSLAND) PTY LIMITED (ACN 062 905 275) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of NRG GLADSTONE OPERATING SERVICES PTY LTD (ACN 061 519 275) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness
10 Gladstone Power Station Agreement Variation Regulation 1994 ENDNOTES ´ 1 Index to endnotes 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Gladstone Power Station Agreement Variation Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No. Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
11 Gladstone Power Station Agreement Variation Regulation 1994 ´ 4 List of legislation Gladstone Power Station Agreement Variation Regulation 1994 SL No. 440 notfd gaz 16 December 1994 pp 1792–7 commenced on date of notification © State of Queensland 1998
Queensland Gladstone Power Station Agreement Act 1993 GLADSTONE POWER STATION AGREEMENT Reprinted as in force on 22 June 1995 (agreement not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This agreement is reprinted as at 22 June 1995. See endnotes for information about when provisions commenced.
Queensland GLADSTONE POWER STATION AGREEMENT TABLE OF PROVISIONS Page PART I – PRELIMINARY Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of State agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Agreement to have force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 No Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART II – AMENDMENTS TO EXISTING PROVISIONS OF STATE AGREEMENT PART III – ADDITION OF FURTHER PROVISIONS IN STATE AGREEMENT ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Gladstone Power Station Agreement GLADSTONE POWER STATION AGREEMENT [reprinted as in force on 22 June 1995] RECITALS A. By agreement dated 30 March 1994 between the parties made under Section 3 of the Gladstone Power Station Agreement Act 1993 the State provided certain undertakings and assurances relating to the acquisition by the Participants and future operation by the Participants and the Operator of the Gladstone Power Station in the context of the Electricity Act 1976 (“the State agreement”). B. The Electricity Act 1976 will be repealed and replaced by the Electricity Act 1994. The Electricity Act 1994 will commence on a day to be fixed by proclamation other than for section 287 which commenced on [ ]. C. Section 287(2) of the Electricity Act 1994 provides that the State will negotiate with the Participants to amend the State agreement, to take effect immediately after the commencement of the Electricity Act 1994, so as to as nearly as possible maintain the rights and obligations had, immediately before the commencement of the Electricity Act 1994, by the State, the parties to the State agreement and the parties to the Transaction Documents mentioned in the State agreement. D. Section 287(9) of the Electricity Act 1994 provides that the application of that Act may be changed, amongst other things, by the State agreement, to give effect to subsections (1) to (4) of that section. E. Under section 5 of the Gladstone Power Station Agreement Act 1993 the State agreement may be amended by a further agreement between the Minister responsible for the administration of that Act and the other parties to the State agreement.
3 Gladstone Power Station Agreement F. The parties to the State agreement have negotiated and agreed on amendments to the State agreement in accordance with section 287(2) of the Electricity Act 1994 and for this purpose have entered into this further agreement made pursuant to section 5 of the Gladstone Power Station Agreement Act 1993. IT IS AGREED— PART I – PRELIMINARY Definitions All words, terms and expressions which have a defined meaning in the State agreement have the same respective meanings when used in this agreement, unless and except as otherwise provided in this agreement. In this agreement, unless the context otherwise requires or indicates:— “Effective Date” means the time immediately after the commencement of the provisions of the Electricity Act 1994 other than section 287. Interpretation Clause 2 of the State agreement is incorporated into this agreement as if set out in full in this agreement except that the reference to “this Agreement” in Clause 2 of the State agreement shall be a reference to “this agreement”. Amendment of State agreement This agreement is made under section 5 of the Agreement Act and amends the State agreement.
4 Gladstone Power Station Agreement Commencement Part I of this agreement takes effect on the date of this agreement. Parts II and III of this agreement take effect on the Effective Date. Agreement to have force of law The parties acknowledge that under section 4 of the Agreement Act the provisions of this agreement have effect as if this agreement were part of the Agreement Act. No Waiver The entering into this agreement by a party does not constitute a waiver of its rights and obligations under the State agreement which have accrued prior to the Effective Date. PART II – AMENDMENTS TO EXISTING PROVISIONS OF STATE AGREEMENT The State agreement is amended as follows— in Clause 1— omit the definition of “Electricity Act” and insert— ‘“Electricity Act” means the Electricity Act 1994;’ after the definition of “Electricity Act” insert— ‘“electricity entity” has the same meaning as in the Electricity Act;’ after the definition of “Gladstone Power Station” insert— ‘“GOC” has the same meaning as in the Government Owned Corporations Act 1993;’; omit the definition of “GPS Licence” and insert— ‘“GPS Licence” means the licence dated 30 March 1994 granted to the GPS Licensee under section 13 of the Agreement Act;’
5 Gladstone Power Station Agreement after the definition of “QEC” insert— ‘“QETC” means Queensland Electricity Transmission Corporation and its successors and assigns;’; after the definition of “QETC” insert— ‘“QGC” means Queensland Generation Corporation and its successors and assigns;’; after the definition of “QGC” insert— ‘“QTSC” means Queensland Transmission and Supply Corporation and its successors and assigns;’; after the definition of “Refurbishment Works” insert— ‘“Regulator” has the same meaning as in the Electricity Act;’ after the definition of “Smelter Expansion” insert— ‘“Smelter Power Purchase Agreements” has the same meaning as in the Interconnection and Power Pooling Agreement;’ after the definition of “State Body” insert— ‘“State Electricity Entities” means QETC, QGC and QTSC and “State Electricity Entity” means any one of them’; in the definition of “statutory body” insert after “public purpose”— ‘and includes a GOC and a subsidiary of a GOC;’; after the definition of “statutory body” insert - ‘“system control” has the same meaning as in the Electricity Act;’; after the definition of “system control” insert— ‘“system control entity” has the same meaning as in the Electricity Act;’; omit Clause 8 and insert - ‘8. Electricity Restrictions and Rationing (a) The Minister for Energy will not make an emergency rationing order under the Electricity Act regulating the supply of electricity
6 Gladstone Power Station Agreement to the Smelter or the use of electricity by the Smelter; and (b) the State will not permit the making of a regulation under section 122 of the Electricity Act restricting the use of electricity provided through a transmission grid or supply network, if the order or regulation would prevent QTSC from complying with its obligations under Clause 7 of the Interconnection and Power Pooling Agreement.’; in clause 11(e) omit— ‘even though the law does not apply to QEC because QEC represents the Crown’; after paragraph (f) of Clause 11 insert - ‘(g) This Clause 11 applies despite and to the exclusion of any provision of the Electricity Act dealing with discrimination.’; and in Clause 17(a) after ‘the First Power Agreement’ insert - ‘with QTSC substituted for QEC and with such other changes to the First Power Agreement as are necessary’. PART III – ADDITION OF FURTHER PROVISIONS IN STATE AGREEMENT The State Agreement is amended by the insertion of the following Clauses 16A, 16B, 16C, 16D 16E, 16F, 16G, 16H and 16I— ‘16A. GPS Licensee not an Electricity Entity The State will not permit the making of a regulation under the Electricity Act providing that the GPS Licensee as a special approval holder under the GPS Licence is to be treated as an electricity entity— for the purposes of section 130 of the Electricity Act; or if, as a result, any of the following activities would or could be regulated or restricted— the connection of the GPS to the transmission grid under the
7 Gladstone Power Station Agreement Interconnection and Power Pooling Agreement; the making available of capacity or the supply of electricity by a Participant to QTSC under the Capacity Purchase Agreement between that Participant and QTSC; the supply of electricity by the Participants to QTSC under the Interconnection and Power Pooling Agreement; or the supply of electricity by the Participants to the Smelter under the Smelter Power Purchase Agreements. 16B. Modification of Limited Liability under Electricity Act The application of section 97 of the Electricity Act to the obligations of QTSC under the Interconnection and Power Pooling Agreement is modified by inserting ‘or default’ after ‘breach of duty’ in section 97(a). 16C. Preservation of Dispute Resolution Procedures in Transaction Documents Sections 117 and 119 of the Electricity Act do not apply to a dispute between the parties to a Transaction Document if the matter in dispute may be referred to a dispute resolution procedure under the Transaction Document. 16D. Regulator’s Operation of Operating Works (a) A Notice by the Governor in Council made under section 130(2) of the Electricity Act authorising the Regulator to take over the operation of any operating works; and (b) a condition imposed by the Regulator under section 131(3) of the Electricity Act on an operator appointed by the Regulator to operate any operating works taken over by the Regulator, must not make provision about or authorise any matter which would impair or prevent QTSC from complying with its obligations under the Interconnection and Power Pooling Agreement.
8 Gladstone Power Station Agreement 16E. Regulations and Conditions under Electricity Act about System Dispatch (a) If as a result of a State Electricity Entity or the system control entity complying with a regulation made, or a condition imposed, under the Electricity Act QTSC is prevented or impaired from complying with its obligations relating to system dispatch under Clause 6.3 of the Interconnection and Power Pooling Agreement, QTSC shall not be entitled to claim that the obligation to comply with the regulation or condition is a lawful excuse for any default by QTSC of Clause 6.3 of the Interconnection and Power Pooling Agreement that may arise from or be caused by compliance by the State Electricity Entity or the system control entity (as the case may be) with the regulation or condition. (b) The State will not permit the making of a regulation or the imposition of a condition under the Electricity Act which authorises or permits an act, matter or thing which would have the effect that the GPS could be dispatched by the system control entity in a manner other than in accordance with the provisions of Clause 6.3 of the Interconnection and Power Pooling Agreement unless the Minister (or the Minister’s nominee) first meets with the chief executive officer of QTSC (or the chief executive’s nominee) and the chief executive officer (or the chief executive’s nominee) of each of the Participants. (c) The persons attending the meeting must attempt in good faith, and using their reasonable endeavours, to agree to such changes as may be appropriate to the dispatch of GPS (and amendments necessary to any of the Transaction Documents to accommodate the changes). If agreement cannot be reached within 60 days of the first meeting, the regulation may be made or the condition may be imposed without prejudice to the accrued rights and liabilities of the parties to this Agreement or any of the Transaction Documents. Any negotiations by the parties pursuant to this Clause 16E will not constitute a waiver of rights of the parties to this Agreement or of the parties to the Interconnection and Power Pooling Agreement nor alter the position under paragraph (a).
9 Gladstone Power Station Agreement (d) The matters referred to in paragraphs (b) and (c) are not matters which will be referred to dispute resolution under Clause 24. 16F. Exclusion of Limitation on QTSC’s Obligation to Supply Section 84 of the Electricity Act does not apply to QTSC in respect of its obligations under the Interconnection and Power Pooling Agreement to supply electricity to the Participants and the Smelter. 16G. Modification of Application of Electricity Act to GPS Arrangements The application of the Electricity Act is modified as follows— (a) sections 90 and 91 and any regulation made under either of those sections will not apply to electricity trading arrangements— (i) between the Participants and QTSC under the Interconnection and Power Pooling Agreement; (ii) between a Participant and QTSC under the Capacity Purchase Agreement between them; and (iii) between the Participants and BSL under the Smelter Power Purchase Agreements; (b) regulations made under section 264 of the Electricity Act in respect of the matters mentioned in paragraph 1 of Schedule 2 to the Electricity Act will not apply to— (i) the connection of the GPS to the transmission grid under the Interconnection and Power Pooling Agreement; (ii) the making available of capacity or the supply of electricity by a Participant to QTSC under the Capacity Purchase Agreement between them; (iii) the supply of electricity by QTSC to the Participants or by the Participants to QTSC under the Interconnection and Power Pooling Agreement; and (iv) the supply of electricity by the Participants to the Smelter under the Smelter Power Purchase Agreements;
10 Gladstone Power Station Agreement (c) a regulation made under section 93(4) of the Electricity Act will not apply to the electricity trading arrangements between QTSC and the Participants under the Interconnection and Power Pooling Agreement; and (d) section 94 of the Electricity Act will not apply to the provision of network services to the Participants under the Interconnection and Power Pooling Agreement in respect of— (i) the connection of the GPS to the transmission grid in relation to electricity supplied by the Participants to QTSC or the Smelter; (ii) the transmission of electricity from the GPS to the Smelter; and (iii) the connection of the Smelter to the transmission grid and the taking of electricity by the Smelter from the transmission grid. 16H. System Control The State agrees that a system control entity will not be given powers about system control which could be exercised so as to prevent QTSC from complying with its obligations under Clause 7 of the Interconnection and Power Pooling Agreement. 16I. Removal of Immunity from Damages for Certain Breaches of Interconnection and Power Pooling Agreement (a) If as a result of a State Electricity Entity or a system control entity complying with - (i) a protocol, standard or code about system control prescribed by a regulation made under the Electricity Act; (ii) a condition about system control imposed under the Electricity Act on the State Electricity Entity or the system control entity; or (iii) a direction about system control from the system control entity,
11 Gladstone Power Station Agreement QTSC is prevented or impaired from complying with any of its obligations under the Interconnection and Power Pooling Agreement QTSC shall not be entitled to claim that the obligation to comply with the protocol, standard, code, condition or direction is a lawful excuse for any default by QTSC of the Interconnection and Power Pooling Agreement that may arise from or be caused by compliance by the State Electricity Entity or the system control entity with the protocol, standard, code, condition or direction. SIGNED by THE HONOURABLE WAYNE KEITH GOSS, PREMIER AND MINISTER FOR ECONOMIC AND TRADE DEVELOPMENT OF THE STATE OF QUEENSLAND, FOR AND ON BEHALF OF THE CROWN IN RIGHT OF THE STATE OF QUEENSLAND in the presence of: ) ) ) ) ) ) ) Witness SIGNED for and on behalf of GPS POWER PTY. LIMITED (ACN 009 103 422) by its duly constituted attorney in the presence of: Witness ) ) ) ) )
12 Gladstone Power Station Agreement SIGNED for and on behalf of GPS ENERGY PTY LIMITED (ACN 063 207 456) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of SUNSHINE STATE POWER B.V. (ARBN 062 295 425) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of SUNSHINE STATE POWER (NO. 2) B.V. (ARBN 063 382 829) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness
13 Gladstone Power Station Agreement SIGNED for and on behalf of SLMA. GPS PTY LTD (ACN 063 779 028) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of RYOWA II GPS PTY. LIMITED (ACN 063 780 058) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness SIGNED for and on behalf of YKK GPS (QUEENSLAND) PTY LIMITED (ACN 062 905 275) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness
14 Gladstone Power Station Agreement SIGNED for and on behalf of NRG GLADSTONE OPERATING SERVICES PTY LTD (ACN 061 519 275) by its duly constituted attorney in the presence of: ) ) ) ) ) Witness
15 Gladstone Power Station Agreement ENDNOTES ´ 1 Index to endnotes 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Gladstone Power Station Agreement may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No. Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered
16 Gladstone Power Station Agreement ´ 4 List of legislation Gladstone Power Station Agreement (1994) (Gladstone Agreement Regulation 1994 sch) regulation notfd gaz 16 December 1994 pp 1792–7 regulation commenced on date of notification Power Station © State of Queensland 1998