Mermaid Marine Supply Base Dampier PORT INFORMATION HANDBOOK … · The Mermaid Marine Supply Base (MMSB) terminal is suitable to a wide number of vessels of varying sizes and configurations

PORT INFOMRATION HANDBOOK

Rev Date Author Approved A May 2010 SS DR

Mermaid Marine Supply Base

Dampier

PORT INFORMATION HANDBOOK


INDEX

ABBREVIATIONS 1.0 GENERAL

2.0 NAVIGATION

2.1 Location 2.2 Charts 2.3 Tides 2.4 Swell 2.5 Winds 2.6 Inclement weather 2.7 Cyclones 2.8 Additional weather data

3.0 ARRIVAL REQUIREMENTS

3.1 Shipping Agents 3.2 Notice of arrival 3.3 Anchorage 3.4 Arrival condition 3.5 Application to Berth 3.6 Entering MMSB Channel 3.7 Pilotage 3.7.1 Compulsory Pilotage

3.7.2 Pilot Boarding 3.8 Port security 3.9 Site inductions

4.0 MMSB TERMINAL INFORMATION 4.1 Channel and berth particulars 4.2 Leads, Channel buoys and Navigation lights 4.3 Swing basin 4.4 Underkeel clearance 4.5 Towage and line boat 4.6 Mooring lines and equipment

5.0 MMSB WHARF APPROACH 6.0 APPROACH TO LCT RO-RO RAMP, BARGE BERTH POCKET AND SLIPWAY 7.0 BERTHING OPERATIONS AND VESSEL CRITERIA

7.1 Vessel criteria 7.2 Unrestricted vessel entry/departure 7.3 Restricted vessel entry/departure 7.4 Vessels considered case by case 7.5 Wind parameters


8.0 MMSB CRITICAL SAFETY AND OPERATIONAL INFORMATION

8.1 Personal Protective Equipment 8.2 Emergency Muster Procedures 8.3 MMSB Safety Management 8.3.1 Environmental Management 8.4 Lifting Operations 8.5 Work Permits 8.6 Isolation and Tagging 8.7 Tags used on Site 8.8 MMSB Vessel Traffic Management

9.0 SERVICES

9.1 Bunkering/Potable Water 9.1.1 Fuel 9.1.2 Potable water

9.2 Repair and Maintenance 9.3 Stores and Provisions 9.4 Crew Change and shore leave

10.0 SUPPLEMENTARY INFORMATION

10.1 Medical Facilities

10.1.1 Doctors 10.1.2 Dentists 10.1.3 Hospitals

10.2 Banking facilities 10.3 Crew Welfare

APPENDIX A – CONTACTS APPENDIX B – BOARDING ARRANGEMENTS FOR PILOTS APPENDIX C – MMSB BERTH APPLICATION APPENDIX D – REQUEST FOR PILOT FORM APPENDIX E – MMSB STANDARD TERMS AND CONDITIONS


ABBREVIATIONS

HLOW Heavy Load Out Wharf IALA International Association of Lighthouse Authorities MMA Mermaid Marine Australia Ltd MMSB Mermaid Marine Supply Base PPE Personal Protective Equipment UKC Under Keel Clearance UKL Under Keel Limitation CD Chart Datum DPA Dampier Port Authority ACS Australian Customs Service AQIS Australian Quarantine and Inspection Services HLV Heavy Load Vessel


1.0 GENERAL

Mermaid Marine Australia Limited (MMA) operates a major Supply Base in King Bay, Dampier. This base covers an area of 15 hectares and is primarily to service the Offshore Oil and Gas Industry in the North West Australian area. The Mermaid Marine Supply Base (MMSB) terminal is suitable to a wide number of vessels of varying sizes and configurations including, but not limited to, harbour tugs, tug and material/cargo barge combinations, offshore industry anchor handling tugs, anchor handling towing supply vessels and platform supply vessels, crew and utility vessels, seismic and oceanographic research vessels as well as a number of flexible pipeline laying vessels, dredging and specialist backfill/stone dumping vessels, well stimulation vessels, smaller pipelay and crane barges and transportation/heavy lift vessels. The terminal also supports smaller general cargo vessels. Vessels entering the MMSB terminal are subject to operational jurisdiction of the Dampier Port Authority. Port legislation requires the compulsory use of pilots within the Port of Dampier and this legislation likewise governs pilotage for vessels using the MMSB terminal. MMA requires vessels to maintain a minimum Under Keel Clearance of one metre at all times whilst in or transiting the terminal. Further details of Dampier Port Authority requirements can be found at www.dpa.wa.gov.au.

http://www.dpa.wa.gov.au/�


2.0 NAVIGATION 2.1 Location MMSB is located in King Bay in the Port of Dampier. This is in the Pilbara Region on the North West Shelf coastal region of Australia. Position latitude 20° 38 ' south, longitude 116° 45' east. 2.2 Charts Relevant charts required for approaches to Port of Dampier and MMSB are: AUS 57 – Details the approaches to the Port AUS 58 – Details the Port and the Channels AUS 59 – Details the inner Port/Withnell Bay to King Bay AUS 741 – Approaches Mandatory charts required for approaches and entry to MMSB are: AUS 58 – details the Port and the Channels AUS 59 – Details the inner Port/Withnell Bay to King Bay 2.3 Tides King Bay MHWS 4.5m MHWN 3.2m MLWS 0.9m MLWN 2.2m (Refer - Tidal Prediction, Australian National Tide Tables.) The tidal streams experienced are generally of small magnitude and at their peaks they are in line with the orientation of the dredged channel. Movement is therefore predominantly east-west with tidal floods flowing to the east and ebbs to the west. 2.4 Swell The swell is generally minimal, except after cyclones, then from the north. 2.5 Winds Prevailing winds are:

• west south westerly during summer months, (October to March) reaching strengths up to, but not limited to, 25 knots; and

• easterly during winter months (April to October) reaching strengths up to but not limited 30 knots, except during cyclonic conditions.

2.6 Inclement weather Under no circumstances is a vessel permitted to berth/unberth at the MMSB terminal when a gale/strong wind is in force or anticipated to come into force during the expected stay alongside the wharf, groyne or landing ramps.


2.7 Cyclones During the summer months, Dampier and the surrounding areas may be affected by tropical cyclones. The official cyclone season is from November to April. During periods of regional cyclonic activity, the storms can be intense, with wind speeds in excess of 200 kilometres per hour. In the event of an approaching cyclone, the DPA Harbour Master advises vessels through Dampier Port Communications of the port operational status. Dampier Port Communications advises vessels when the port will be closed for traffic and normal operations (in which case all berths at the MMSB terminal must be cleared). The DPA Harbour Master will advise vessels when the port has reopened. MMA may advise vessels berthed at MMSB terminal of earlier closure of the MMSB terminal and vessels will be required to depart the MMSB berths accordingly. MMA will advise when the MMSB terminal has reopened. 2.8 Additional Weather Data Additional weather data can be found online at www.bom.gov.au/weather/wa. 3.0 ARRIVAL REQUIREMENTS

3.1 Shipping Agents MMA encourages the use of a local shipping agent for vessels utilising the MMSB terminal and requires all vessels arriving from an international location to appoint a suitable accredited shipping agent. 3.2 Notice of Arrival If arriving from overseas, all vessels arriving at Dampier must comply with Australian Customs Service (ACS) and Australian Quarantine and Inspection Service (AQIS) on arrival at Dampier. ACS general enquiries +61 8 9144 3500 AQIS General enquiries +61 8 9185 2865 The Master or vessel agent is required to provide notice of arrival in accordance with Dampier Port Authority's requirements prior to entering the Port of Dampier. Refer to www.dpa.wa.gov.au for full details. 3.3 Anchorage If required to anchor, vessels should seek guidance from their owners/agent for an anchorage position and coordinates. On arrival at the Port of Dampier, vessels must contact Dampier Port Control on VHF Channel 11.

http://www.bom.gov.au/weather/wa�

http://www.dpa.wa.gov.au/�


3.4 Arrival Condition 24 hours prior to arrival at the MMSB terminal all vessels must provide written notification to the Mermaid Marine Operations Scheduler, either directly or through their appointed agent, of the following details:

- Estimated Time of Arrival - Length Overall - Beam - Max Draft - Pilot exemption status - Tug assistance requirements - Any mechanical or navigation equipment deficiencies - Security status

3.5 Application to Berth The Master, Agent or Owner of the vessel must ensure that the vessel does not enter the MMSB approach channel or moor at any of the MMSB terminal berths or moorings unless a completed Application to Berth has been submitted to and accepted by the MMA Operations Scheduler. An essential term of the Application to Berth and as condition of the acceptance of the berth application, the vessel's master and owner or charterer must agree to accept MMSB’s Standard Terms and Conditions as per Appendix E and the incorporation of the Port Authorities Act 1999 (WA) (including any statutory modification or re-enactment thereof), unless otherwise agreed prior in writing by the parties. 3.6 Entering or departing MMSB Channel Prior to entering or departing MMSB Channel, contact must be made with the Mermaid Marine Operations Scheduler (phone number as listed in General Contacts under Appendix A) and obtain clearance from Dampier Port Communications (VHF Channel 11) to confirm clear access either inwards or outwards. Under no circumstances is more than one vessel permitted to transit the MMSB Channel at one time. Channel transiting is strictly restricted to one vessel at a time. A breach of this condition may result in the offending vessel and or owner/charterer being banned from the MMSB terminal. 3.7 Pilotage The Master and Owners of a vessel are not relieved of any obligation or liability under the Port legislation while the vessel is under the guidance of a MMA Pilot. While, MMSB may agree to provide a pilot, it does not under any circumstances agree to provide pilotage services. Pilotage is compulsory to and from the MMSB terminal. Exceptions to this rule may be considered if the relevant Master of the vessel holds a current Dampier Port Pilotage Exemption and has completed greater than three entries and departures to the MMA terminal. Each exception will be determined by the Mermaid Marine Port Captain in his absolute discretion on a case by case basis. All exceptions are solely at the discretion of MMA and may be retracted in the event the Master or Owner fails to


meet the minimum standards of operations in the terminal or breach terminal rules or requirements. A “Request for Pilot Form” found in Appendix D must be completed and submitted to the MMSB Pilot. MMSB Pilot will acknowledge the request prior to confirming Pilot availability. 3.7.1 Compulsory Pilotage Pilotage is compulsory for the following vessels entering or departing the MMSB terminal:

• Any vessel without a Dampier Port Pilot Exempt Master • Any vessel with or without a Dampier Port Pilot Exempt Master who has not

logged 3 entry/departures within a 6 month period to/from the MMSB terminal • Any vessel with or without a Dampier Port Pilot Exempt Master where the

vessel’s overall length exceeds 80m or beam exceeds 18m.

• Any vessel that requires tug assistance.

• Any non self propelled vessels.

• Vessels with poor manoeuvring capability such as general cargo vessels, HLV’s and RO-RO vessels berthing/unberthing at the port.

3.7.2 Pilot Boarding Ground For offshore supply vessels, the pilot will board to the west of the channel in position 20° 38' south, 116° 44' east. For vessels other than offshore supply vessels and highly manoeuvrable vessels, e.g. heavy lift ships and cargo ships, the pilot will board at the designated Dampier Pilot Boarding Ground. This should allow the pilot sufficient time to familiarise himself with the vessel and to complete the Pilot/Master exchange of information including Passage and Berthing Plans, UKC, number of tugs, state of tide, wind, weather and swell expected. The pilot will be conveyed to the vessel at the Pilot Boarding Ground via the pilot boat. When the pilot is boarding, the vessel must make a suitable lee. The pilot ladder must be prepared to meet IMO and IMPA requirements. (Refer to Appendix B). Adequate lighting must be provided at night. Prior to the vessel proceeding into the channel, the pilot will consult with the Master of the intended passage plan including berthing and mooring arrangements.


3.8 Port Security The Dampier Port, including the MMSB terminal, falls under a national Australian maritime security regime and is subject to the Maritime Transport and Offshore Security Act 2003 and its associated regulations. Some restriction of movement and activities may occur as a result of this regime, particularly in relation to personnel. Should anyone observe any suspicious acts, behaviours or persons, please immediately contact the Supply Base Security Attendant on +61 8 9183 6677. 3.9 Site Inductions Site inductions are compulsory in order to travel through the MMSB unescorted. Taxi drivers and personnel transfer service drivers have been inducted and can provide escort services as required. Site inductions are not required for vessel crew provided they do not transit the wharf or supply base. 4.0 MERMAID MARINE SUPPLY BASE TERMINAL INFORMATION 4.1 Channel and Berth Particulars The MMSB Channel is 1,500 metres long, 48m wide and dredged to approximately 5.4 metres below chart datum (CD) with a sandy, mud bottom. Berths 1 and 2 are dredged to 7.0m (CD), berth 3 – 6.0m (CD). Berths 4, 5 and 6 are dredged to 5.5m (CD). Information regarding the most recent Hydrographic Survey can be obtained by contacting the Duty Pilot. Please note that depth of channel and berth are subject to change due to silting. 4.2 Leads, Channel Buoys, Navigation Lights Two channel approach leads are positioned to the eastern end of the Channel. The two Steel spars are white in colour, with the forward lead having a day glow orange triangle. Leads bearing 090° true. The entrance to the MMSB terminal approach channel is marked with port and starboard lateral buoys. The buoyage pattern is as per the IALA System A conventional direction of buoyage.


4.3 Swing Basin The MMSB terminal swing basin encompasses an area bound by a line from the north-east corner of the channel to the north-west end of the MMSB wharf and a line from the south-east corner of the channel to a point perpendicular with the south-east corner of the MMSB wharf. 4.4 Under Keel Clearance The Master of a vessel must always consider the required UKL when determining berthing times at the MMSB terminal. A minimum of one metre UKC below the vessel squat is compulsory. Vessels requesting to transit the MMSB approach channel with an UKC of less than one metre will be considered by MMA on a case by case basis. Permission to transit at less than one metre UKC must be obtained in writing from MMA or the MMSB Duty Pilot. 4.5 Towage and Line Boat Tug assistance may be required as deemed necessary by the MMSB Pilot. Any vessel <80m LOA, <18m Beam, with a twin main engine and bow thruster fitted, with the prevailing winds being <25 knots may not require tug assistance. Any vessel operating outside the above parameters shall require the number of tugs as determined by the MMSB Pilot or as directed by the DPA Harbour Master. The Master of the vessel must ensure all equipment is tested and fully operational prior to entry into the MMSB approach channel. In the event the vessel is not fully functional, the entry of the vessel into the MMSB approach channel is subject to the MMSB Pilot's approval and may require assistance. Towage assistance for vessels destined for the MMSB terminal must be provided by MMA as per the schedule of rates obtainable from the MMSB Pilots or Scheduler.


MMA towage vessels are subject to availability and may affect the timing of movements of vessels. All towage services are provided as per the UK Standard Conditions for Towage and Other Services (1974 revision). 4.6 Mooring Lines and Equipment

• Winches must be fully operational and in good condition. • Mooring lines should be in good condition and suitable for securing the vessel

in the prevailing winds/weather • Mooring lines should be adjusted appropriately and when necessary to

accommodate changes in the tide and other port conditions. • A mooring watch must be maintained while the vessel is along side.

5.0 MMSB WHARF APPROACH

The approach channel to the MMSB terminal, HLO Wharf, Swing Basin, RORO Barge Ramp facilities and Slipway are marked in accordance with IALA System A Buoyage. The minimum recommended visibility for approach is three miles to ensure that vessels approaching are able to identify the main channel leads. Approach speeds within the channel are recommended to be not more than five knots but may be less depending on the type, size and manoeuvrability characteristics of the vessel.


The entrance to the MMSB approach channel is marked by two lateral pillar buoys with appropriate top marks. The channel is further marked with lateral buoys from the channel entrance to the entrance to the Swing Basin. The Swing Basin entrance is marked by a pair of lateral buoys and thence port hand lateral buoys on the northern side of the basin leading to the main Loadout Wharf and starboard hand lateral buoys mark the southern side of the channel leading to MMA's RORO, barge and Slipway facilities. A pair of leading marks exist beyond the eastern end of the dredged channel south of the Slipway.

An aerial view of Mermaid Marine’s LCT Ramp (left), RORO and Barge Berth

(centre) and Slipway (right). 6.0 APPROACH TO LCT RORO RAMP, BARGE BERTH POCKET AND SLIPWAY MMSB operates two LCT ramps, barge berth and Slipway facility located at the eastern end of the MMSB accommodating vessels up to a Draft of 5.5 metres and to a displacement of 2500 tonnes onto the Slipway. The LCT Ramps and barge berth facilities are located to the east of the jetty and west of the Slipway. The Slipway, LCT Ramps and barge berth are approached via a four metre (CD) deep channel extending beyond the extremity of the MMSB main approach channel east of the wharf. The channel is marked by standard starboard lateral navigational buoys.


7.0. BERTHING OPERATIONS AND VESSEL CRITERIA

Vessels operating in and out of the MMSB terminal may be restricted to daylight operations only or permitted to operate day and night depending on the criteria of the vessel and restrictions will be determined by MMA on a case by case basis. 7.1 Vessel Criteria In considering whether or not a vessel is suitable to berth at the MMSB terminal the four major limiting criteria that will be taken into account will be the draft, beam, length and manoeuvrability. The environmental constraints imposed by wind direction and speed together with tidal stream will also be taken into account. It is noted from data collated over time that the tidal streams are of small magnitude and at their peaks they are in line with the East/West orientation of the dredged channel. It is further noted from this data that yearly wind direction/strength diagram that the strongest winds likely prevail from the West and Easterly directions which is also aligned with the MMSB approach channel. However, there is opportunity for cross channel winds and safe passage for larger vessels through the dredged channel areas will likely be affected by cross winds with strengths above 15 knots. 7.2 Unrestricted vessel entry/departure Unless otherwise determined by MMA on a case by case basis, day/night non restricted entry/departure vessels shall be restricted to highly manoeuvrability vessels being vessels with a length overall not greater than 80m and/or beam not greater than 18m, twin screw propulsion, bow thrusters, stern thrusters, and able to maintain a minimum 1m UKC. Vessel movement on the MMSB terminal area will always be subject to the other requirements within these guidelines and any other matters that MMA considers appropriate on a case by case basis. 7.3 Restricted Vessel entry/departure Unless otherwise determined by MMA on a case by case basis, daylight restricted entry/departure will be restricted to less manoeuvrable vessels or vessels with a length overall that exceeds 80m and/or beam exceeds 18m. This will also include any tug assisted vessels and tug assisted non propelled vessels. Highly manoeuvrable vessels such as Dynamic Positioning AHTS and project vessels of length no greater than 120m and beam no greater than 24m may be appropriate to safely transit the MMSB terminal for berthing and unberthing subject always to review by MMSB Pilot in his sole discretion on a case by case basis and weather criteria. 7.4 Vessels considered case by case Unless otherwise determined by MMA on a case by case basis, vessels with poor manoeuvring capability such as general cargo vessels, HLV’s, single screw propulsion vessels and vessels not equipped with bow thrusters are restricted to daylight entry and departure only with tug assistance as specified by the MMA Pilot. Combinations that fall outside specified limits will be restricted to daylight entry and departure and further considered on a case by case basis.


7.5 Wind Parameters For vessels other than those classed by MMA as highly manoeuvrable vessels, including cargo ships, heavy lift vessels and tug assisted vessels the maximum wind strengths for transiting the MMSB Channel, berthing and unberthing shall be up to a maximum of 15 knots, any direction. Anything greater than 15 knots will be subject to review by the MMSB Pilot on a case by case basis. 8.0 MMSB CRITICAL SAFETY AND OPERATIONAL INFORMATION 8.1 Personal Protective Equipment MMA minimum PPE requirements for the MMSB are as follows

– High visibility clothing – Steel toe work boots – Safety glasses – Long sleeves – Long trousers

Further area specific PPE requirements are indicated using signage (e.g. hard hats on wharf and slipway):

– Hard hat areas – Face shield – Ear protection

THESE REQUIREMENTS ARE TO BE FOLLOWED AT ALL TIMES.

8.2 Emergency Muster Procedures There are two types of emergency musters on the MMSB:

• External muster - Constant siren • Internal muster - Pulsating siren (long blast followed

by a short blast), repeated. • All clear - Three short sharp blasts

Should anyone be on site and hear a continuous siren, they should move to the nearest outside muster point and await instructions from the area warden. Should anyone be on a vessel, they should undertake a vessel muster and determine whether there are any personnel missing and contact the MMA Wharf Coordinator. If anyone hears the internal muster siren (pulsating siren, long blast followed by a short blast, repeated), it indicates a possible ammonia release in the area and requires immediately movement to the nearest safe room as outlined in the MMSB site induction and all instructions from the room warden must be followed.


Should anyone be on a vessel when hearing an ammonia release warning siren they should congregate on the bridge of the vessel and seal the room, ceasing it to ventilate with fresh air, and contact MMA's Wharf Coordinator. It is a requirement that all individuals on site and vessels alongside participate in any emergency response exercises undertaken by MMA. 8.3 MMSB Safety Management 8.3.1 Environmental Management MMA operates in an environmentally sensitive area and as such aims to minimise the environmental impact of its operations. MMA has monitoring and control programs in place, in accordance with its Environmental License and Ministerial Conditions, these include but are not limited too:

– Sediment Quality Monitoring – Water Quality Monitoring – Mangrove Monitoring

Any environmental incidents are to be reported to the Supply Base Manager immediately. No waste is to be left on the wharf without permission provided by the Wharf Coordinator and waste disposal services being pre-arranged. MMA strives to maintain a working environment where employees, contractors and clients exposure to hazards and the potential to endure harm is minimised as far as reasonably practicable (ALARP). While this is the case, everyone on site also has a responsibility to contribute to these efforts by taking care and reporting hazards and incidents that occur on site or have the potential to impact related operations. All hazards or concerns are to be reported to MMA’s Safety Adviser. Event reporting (or incident reporting) is a critical component of MMA’s safety management. In the event an injury is endured on site or while alongside, please ensure MMA’s Safety Adviser is notified as soon as reasonably possible and in any event within 12 hours. In the event of an Emergency, please contact MMA's Emergency Response Number - 0417 915 566. 8.4 Lifting Operations With lifting operations forming a major component of the operational activities undertaken on site, it is imperative that the safe working measures outlined are strictly adhered to. Rigging Equipment (soft slings, chains, etc)


In addition to periodic visual inspections, non-destructive testing and proof testing, all rigging equipment is required to undergo a pre-use visual inspection. The inspection must ensure that:

– Equipment is appropriate for proposed lift – Equipment is in good condition – Equipment is correctly labelled – Rigging is marked with a (WLL) (SWL) and is suitable for the lift.

If these conditions are not met, the equipment must not be used and must be subsequently tagged and quarantined. If MMA considers any equipment to be lifted is not in good condition, marked with a WLL and/or not appropriate for the proposed lift, MMA may refuse to lift it and will tag out accordingly. 8.5 Work Permits Work permits are designed to control high risk activities and their interaction with other activities on site. MMA requires MMSB work permits to be obtained prior to the following activities being undertaken:

– Working aloft – Hot work – Diving operations – Confined space entry – Digging – Electrical access – Man cage work

Applications for work permits should be made to the MMSB Coordinator. 8.6 Isolation and Tagging The accidental operation of machinery undergoing repair, construction, maintenance or cleaning represents a severe danger to those personnel working on the machinery. MMA wishes to ensure the safety of personnel undertaking such work through the use of a comprehensive isolation and tagging procedure. The MMSB system uses three tags:

• Out of Service tag - used to signify that an item of plant is not to be used. These should be placed on the devices that isolate the energy source only when those devices are set in the OFF or SAFE position.

• Personal Danger Tags - only used after an OUT OF SERVICE tag

has been affixed to the equipment. The presence of the DANGER tag indicates to all that the individual is currently engaged in work on the equipment.

• Information Tags - used to communicate important information.


8.7 Tags used on MMSB site

8.8 MMSB Vehicle Traffic Management A high level of traffic is experienced at the MMSB, with both heavy and light traffic constantly interacting. As such, to ensure the safety of all individuals on site, it is important that everyone has an understanding and strictly adheres to the sites traffic rules:

• Site speed limit – 20 km/hr • 10 km/hr around Slipway and on wharf causeway • 5 km/hr on wharf • Mobile phones - can only be used when using a hands free kit • Seatbelts – to be worn at all times • Follow directions provided and signage on site

PROCEED WITH CAUTION AT ALL TIMES 9.0 SERVICES 9.1 Bunkering / Potable water 9.1.1 Fuel Fuel is available on all berths on the main wharf facility. A permit to fuel must be obtained from MMSB Operations Scheduler. Supply of fuel to be arranged through Shell Dampier via the owner or agent. Fuelling agent: Shell Dampier T: +61 8 9185 6133 9.1.2 Potable water Potable water is available on the main wharf facility, metered and chargeable, at MMSB’s wharf berths.


9.2 Repairs and Maintenance Repair and maintenance services may be available on request at the MMSB through the Mermaid Marine Slipway (MMSW). Services shall be subject to availability and it is recommended that adequate prior notice is given as resources are limited. 9.3 Stores and Provisions Stores and provisions should be arranged through vessels agents. Please ensure adequate notice is given to the Mermaid Marine Operations Scheduler for stores supplied across the wharf to arrange access and carnage. 9.4 Crew Changes and shore leave Crew changes and personnel proceeding to and returning from shore leave can present a significant hazard at the MMSB. While minimum PPE requirements on the wharf is high visibility clothing, steel cap boots, hard hat and safety glasses, MMA allows enclosed footwear and sunglasses during these periods, providing the safe embarkation and disembarkation process below is followed. Embarking a vessel:

– Crew accessing a vessel are to be dropped of at the taxi stand at the mouth of the wharf and to remain in the area.

– A representative of the crew is to make contact with the Wharf Coordinator or a Leading Hand to seek permission for the crew to commence walking to the vessel gangway.

– Once permission is granted, the crew are to walk along the edge of the wharf and progress directly to the vessel in a timely manner.

Disembarking from vessel:

– Contact is to be made with the Wharf Coordinator or a Leading Hand seeking permission for the crew change prior to leaving the vessel.

– Once permission is granted, the crew are to walk along the edge of the wharf and progress directly to the taxi stand area in a timely manner.

It is requested that crews regress from the vessel with plenty of time prior to the arrival of their transport as operations may need to cease to provide safe regress. 11.0 SUPPLEMENTARY INFORMATION This information is supplied for reference purposes only and may be subject to change without prior notice. Any person relying on this information does so at their own risk and MMA takes no responsibility therefore.


11.1 Medical Facilities 11.1.1 Doctors

Dampier Medical Centre 1 Huon Street Dampier T: +61 8 9183 1333

Karratha Medical Centre Karratha Village, 5 Sharpe Avenue Karratha T: +61 8 9185 3555

11.1.2 Dentists

Nickol Bay Dental Clinic Shop 7, 18 Hedland Place

Telephone: 9144 1470

Karratha Dental Centre Shop 18, Karratha Shopping Centre Telephone: 9185 3331

11.1.3 Hospitals

Nickol Bay Hospital Millstream Road Karratha T: +61 8 9143 2333

Roebourne Hospital Roebourne T: +61 8 9182 0200

11.2 Banking Facilities Major Australian banks are represented in Karratha. All are located in Hedland Place, Karratha Township. ANZ Bank +61 8 9185 5576 Bankwest 13 17 18 Commonwealth bank of Australia +61 8 9185 1622 National Australia Bank 13 22 65 11.3 Crew Welfare The Dampier Seafarers Chaplain is located at The Dampier Seafarers Centre located on the Esplanade, Dampier on the hill behind the Dampier Yacht Club.


APPENDIX A

CONTACTS

General Contacts PORT CAPTAIN 0418 916 385 OPERATIONS SCHEDULER 0409 114 753 PILOT DUTY NUMBER 0457 888 341 BASE SUPERINTENDENT 0400 235 686 WHARF SCHEDULER 0438 411 259 MANAGER SLIPWAY 0417 984 801 REPAIRS SUPERVISOR 0438 978 137

Emergency Contacts These contacts should be used strictly for the purpose of notifying genuine emergency situations when utilising the facilities of Mermaid Marine within the confines of the Mermaid Supply Base; in order of priority. 1 EMERGENCY RESPONSE 0417 915 566 2 SUPPLY BASE MANAGER 0417 938 351 3 BASE SUPERINTENDENT 0400 235 686 4 SAFETY ADVISER 0437 664 271 5 OPERATIONS SCHEDULER 0409 114 753 Contact and VHF Radio Communications Dampier Port Communications Tower VHF Channel 16 and or 11


APPENDIX B Boarding arrangements for Pilots


APPENDIX C

MMSB BERTH APPLICATION


APPENDIX D REQUEST FOR PILOT FORM


APPENDIX E MMSB STANDARD TERMS AND CONDITIONS

AGREEMENT

Services Agreement – Mermaid Marine Australia (Supply Base) Rev: 1/07/2009

Page 2 of 18

DATE

(DD/MM/YY)

PARTIES MERMAID SUPPLY BASE PTY LTD (ACN 009 200 640) of Eagle Jetty, 20 Mews Road, Fremantle, Western Australia 6160. (the 'Company') AND

(Client Name)

(Client Address)

(Street)

(Suburb)

(Town/City)

(State &/or Country)

(ABN/ACN) (the 'Client')

(Collectively the 'Parties')

General 1. The Client requires the Company to provide the Services (set out in Box 3). 2. This Agreement sets out the terms and conditions on which the Company will provide the Services to the Client. 3. In consideration of the provision of the Services by the Company, Client agrees to pay Company such amounts as may

become payable under the terms of this Agreement and in the manner prescribed in this Agreement. 4. In consideration of the payments to be made by the Client to Company under this Agreement, Company agrees to provide

the Services in conformity with the terms of this Agreement.

Agreement

The following Contract Documents comprise the Agreement between the Company and the Client. 1. Terms and Conditions for Supply of Services. 2. Contract Details. 3. Schedule A - Supply Base Rates and Special Conditions of Use* 4. Schedule B - Licence of Storage area and Special Conditions of Use* *(Delete whichever is not applicable)

The Contract Documents forming the Agreement are to be taken as mutually explanatory of one another. If there is any conflict between the Contract Documents or any inconsistency, ambiguity or discrepancy in the Contract Documents they will rank in order of precedence set out above. The Agreement contains the entire agreement between the Company and the Client.

Executed as an Agreement Date: ________________________

Signed by or on behalf of the Client (The signatory warrants that it has authority to execute this Agreement on behalf of the Client)

Signature: ______________________

Name: ______________________

Designation: ______________________ Signed by or on behalf of Company (The signatory warrants that it has authority to execute this Agreement on behalf of the Company)

Signature _______________________

Name: _______________________

Designation: _______________________

CONTRACT DETAILS

Service Agreement – Mermaid Marine Australia (Supply Base) Rev: 1/01/2010

Page 3 of 18

Box 1 Company Representative (Clause 1.1)

.......................................................................

Box 10 Interest on overdue amounts (Clauses 7.1(c) to 7.1(e))

%per annum ..........................................................

(unless otherwise stated, interest will be charged at 10%.

Box 2 Client Representative (Clause 1.1)

.......................................................................

Box 11 Delay Costs (Clause 7.1(g))

...........................................................................

Box 3 Services (Clause 2.1)

* Supply Base Services - Terms and Conditions and Schedule A

* Licence or Storage Area - Terms and Conditions and Schedule B

(*tick whichever is applicable)

Description of Services (Scope of Work)

................................................................

Specific Exclusions from Services

................................................................

Special Conditions relevant to execution of Services

................................................................

Box 12 Insurance Requirements (Clause 12)

Class of Insurance

Required Limit Extensions

Public and Product Liability

Yes $10m • Including waiver of subrogation in favour of Company

• Including a cross liability clause

Employers Liability or Workmen's Compensation

Yes Statutory Minimum amount as required under state or federal law

• Including an Indemnity in favour of Company

• Common Law extension

Client's Plant and Equipment

Yes Replacement Value

• Including a waiver of subrogation in favour of Company.

• Including a cross liability clause

Box 4 Site (Clause 2.1)

.......................................................................

Box 13 Storage Area (Schedule B Clause 1.1(g))

.............................................................................

Box 5 Date for Commencement of Services (Clause 2.3)

.......................................................................

Box 14 Licence Commencement Date (Schedule B Clause 1.3)

..............................................................................

Box 6 Date for Completion of Services (Clause 2.3)

.......................................................................

Box 15 Monthly Licence Fee (Schedule B Clause 1.6)

..............................................................................

Box 7 Administration Fee for Third Party Services (Clause 4)

..................................................................

Box 16 Lump Sum Fee (If any) (Box 8)

…………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………..

…………………………………………………………………..

Box 8 Service Fee (Clause 7.1(a)) (Specify whether for lump sum or calculated at the rates set out in Schedule(s) A and/or B)

..................................................................

(If lump sum, please provide details of each lump sum fee in Box 16)

Box 9 Payment of Service Fee and Intervals of Payment (Clause 7.1)

..................................................................

Terms and Conditions for Supply of Services


Page 4 of 18

1 OPERATIVE PROVISIONS 1.1 Definitions

The following definitions apply in this Agreement. Business Day means a day other than a Saturday, Sunday or public holiday in Western Australia. Claim includes any action, suit, proceeding, application or demand of any kind. Client means the entity named in the Instrument of Agreement and includes employees, agents, servants, subsidiaries, subcontractors and or affiliates and when used in relation to a Vessel, means and includes not only the owner or owners, but also the charterers and / or the Master of the Vessel and / or any other person or persons who, as agent of the owner, charterer or Master. The term also includes the holder of any share or interest in the Vessel whether held beneficially or otherwise. Client Equipment means any equipment owned or leased by the Client, or any substituted equipment, which is provided at any time by the Client to the Company for the purposes of the Agreement. Client Representative means the officer nominated in writing by and representing the Client for the purposes of the Agreement from time to time, the first being the person described in Box 2. Client's Vessel(s) means any Vessel owned, operated or chartered by Client. Commencement Date means the date the Contract commences, as set out in Box 5. Company Environmental, Health and Safety Standards means: (a) all of Company's environment, health or safety

guidelines, standards, policies, regulations, manuals, procedures or other references;

(b) any other document referred to by the guidelines, standards, policies, regulations, manuals, procedures or other references; and

(c) any new, replaced, amended or revised guidelines, standards, policies, regulations, manuals, procedures or other references notified by Company to the Client.

Company Equipment means any equipment that is not Client Equipment that is owned or leased by Company, or any substituted equipment, which is provided at any time by Company to the Client for the purposes of performing the Company's obligations under the Agreement. Company Representative means the officer nominated in writing by and representing the Company for the purposes of the Agreement from time to time, the first being the person described in Box 1. Completion Date means the date the Contract completes, as set out in Box 6. Confidential Information means any information (in whatever form) or documentation of a confidential nature (or which the recipient or its Personnel ought reasonably expect to be confidential) that relates to the business, affairs or activities of the disclosing Party. Contamination means the presence of a substance in, on or under water or land at a concentration above the concentration at which the substance is normally present in the same locality, being a concentration that presents, or has the potential to present, a risk of harm to human health or the Environment. Corporations Act means the Corporations Act 2001 (Cth). Default means a breach of any term or condition of the Agreement. Environment means living things, their physical and social surroundings and interactions between all of these.

Environmental Harm means any serious or material harm, damage or detriment to the Environment which is not Pollution or Contamination. Force Majeure Event means any occurrence which delays or prevents a Party performing its obligations under this Agreement including but not limited to: (a) acts of God; (b) extremes of weather, floods, lightning strikes,

earthquakes, landslides or other natural phenomenon;

(c) wars, hostilities (declared or not declared), civil or military insurrection, acts of foreign enemies, terrorist acts, blockades and embargoes;

(d) acts or orders or directives, requirements or injunctions of governments or governmental authorities;

(e) boycotts, strikes, lockouts, labour stoppages or go-slows, labour disturbances or other industrial action;

(f) fire, explosion of materials including power, electricity and fuel;

(g) epidemic or quarantine; (h) accidents to or closing at railroads, harbours,

docks, canals, channels or other assistances to or adjuncts of transport, shipping or navigation,

which are beyond the reasonable control on the part of the Party affected and which, by the exercise of reasonable diligence, the affected Party is unable to reasonably prevent or provide against PROVIDED THAT an inability by a Party to pay any money due under the Agreement cannot of itself constitute a Force Majeure Event. Government Agency means any federal, state or local government or any ministry, department, court, commission, board, agency, institution or similar entity of that government. Government Authorisations means all approvals, consents, authorisations, permits, clearances, licences or other requirements that are required from any Government Agency for the Company to perform its obligations under the Agreement. Government Notice means any notice, direction, order, demand or other requirement to take any action or refrain from taking any action from any Government Agency, whether written, oral or otherwise. Group means: (a) any related body corporate of Company; and (b) any unincorporated joint venture in which

Company or any related body corporate of Company has a participating interest of not less than 50%.

GST means Goods and Services Tax, as defined in the GST Act, and includes: (a) an amount an entity is notionally liable to pay as

Goods and Services Tax or an amount which is treated as Goods and Services Tax under the GST Act; and

(b) any replacement or subsequently introduced similar tax.

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth). Hazardous Substance means any substance with potential to cause harm to persons, property or the Environment because of the chemical, physical and/or biological properties of the substance. Insolvency Event means: (a) a receiver, manager, receiver and manager,

trustee, administrator, Controller or similar officer is appointed in respect of a person or any asset of a person;

(b) a liquidator or provisional liquidator is appointed in respect of a corporation;



Page 5 of 18

(c) a court grants a petition, or an order is made, for the bankruptcy of an individual or his estate under any Insolvency Provision;

(e) a moratorium of any debts of a person, or an official assignment, or a composition, or an arrangement (formal or informal) with a person's creditors, or any similar proceeding or arrangement by which the assets of a person are subjected conditionally or unconditionally to the control of that person's creditors or a trustee, is ordered, declared, or agreed to; or

(f) a person becomes, or admits in writing that it is, is declared to be, or is deemed under any applicable law to be, insolvent or unable to pay its debts.

Insolvency Provision means any law relating to insolvency, sequestration, liquidation or bankruptcy (including any law relating to the avoidance of conveyances in fraud of creditors or of preferences, and any law under which a liquidator or trustee in bankruptcy may set aside or avoid transactions), and any provision of any agreement, arrangement or scheme, formal or informal, relating to the administration of any of the assets of any person. Liabilities means damages, Claims, losses, liabilities, costs and expenses of any kind. Native Vegetation means aquatic and/or terrestrial vegetation that is indigenous to the region in which it is located. Personnel means: (a) in relation to the Company, any of its employees,

Subcontractors, agents and representatives involved either directly or indirectly in the provision of the Services under the Agreement;

(b) in relation to the Client, any of its employees, Subcontractors, agents and representatives; and

(c) in relation to a Subcontractor, any of its employees, agents or representatives involved either directly or indirectly in the provision of the Services under the Agreement.

Party or Parties as the context requires means a Party or Parties to this Agreement. Third Party means a party other than the Parties. Pollution means any alteration of the Environment which involves the release of any substance, the discharge of waste, an emission of noise, odour or electromagnetic radiation or the transmission of electromagnetic radiation. Remedial Work means any work to remediate land or sea affected by Pollution, Contamination or Environmental Harm, including to: (a) remove, destroy or reduce; (b) dispose of or disperse; (c) contain or encapsulate; (d) treat; (e) manage (including restrict or prohibit access to or

use of the affected land); or (f) abate or control, any Pollution, Contamination or Environmental Harm and to remove or minimise any risk or potential risk it presents to human health or the Environment. Remediation Date means the earlier of: (a) the date the Agreement expires in accordance

with the Contract Details; or (b) 60 days after the date the Agreement is

terminated. Scope of Services means the scope of services as specified in Box 3. Service Fee means the amount payable to the Company by the Client (per units of time or other measure) for the provision of the Services as identified in Box 8.

Services mean the activities that Company shall perform or cause to be performed and set out in Box 3. Site means the site or sites specified in Box 4. Subcontractor means any person engaged or employed by the Company to perform any of its obligations under the Agreement. Term means the term of the Agreement commencing on the Commencement Date and ending on the earlier of: (a) the date the Agreement is terminated; and (b) the date the Agreement expires in accordance with

the Completion Date. Vessel means a craft capable of being used, in navigation by water.

In this Agreement, unless the context otherwise requires:

Interpretation

(a) references to days mean calendar days (b) references to a person include an individual, firm

or a body, corporate or unincorporate and the successors and permitted assigns of any of those entities.

(c) time for doing any act or thing under the Agreement which is of a purely administrative nature will, if it ends on a Saturday, Sunday or Statutory Public Holiday, be deemed to end on the day next following which is not a Saturday, Sunday or Public Holiday'

(d) clause headings and subclause headings do not for part of, and will not be used in the interpretation of the Agreement;

(e) words in the singular include the plural and words in the plural include the singular, according to the requirements of the context;

(f) words importing a gender include every gender; (g) communications between the Company, the

Company Representative and the Client will be in the English language;

(h) measurements of physical quantities will be in legal units of measurement in Western Australia;

(i) unless otherwise provided, prices are Australian dollars and payments will be made in that currency at Perth, unless otherwise agreed;

(j) the words 'include', 'includes' and 'including' are not to be construed as words of limitation;

(k) reference to a thing (including a right or obligation) includes a part of that thing;

(l) reference to a document includes a reference to every agreement or deed which varies that document;

(m) where and to the extent the context permits, reference to the Client includes a reference to its directors, officers and other employees;

(n) reference to a statute, regulation, proclamation, ordinance or by-law includes any statute, regulation, proclamation, ordinance or by-law varying, consolidating or replacing it, and a reference to a statute includes any regulation, proclamation, ordinance or by-law under the statute; and

(o) reference to any government department, statutory authority, local or municipal authority or other administrative body includes any department, authority or administrative body replacing it from time to time.

(p) If any provision of this Agreement is held invalid or unenforceable for any reason, that provision will be



Page 6 of 18

deemed to be severed from the Agreement and the other provisions of the Agreement will not affected by the invalidity or unenforceability and will remain valid in all respects.

(q) No provision of this Agreement will be construed adversely to a Party solely on the ground that it was responsible for the preparation of this Agreement or that provision.

(r) Any consent or approval required under the Agreement will be in writing and may be given conditionally or unconditionally or withheld in the absolute discretion of the person whose consent or approval is required, unless otherwise expressly provided.

(s) No variation of this Agreement will have any legal force or effect unless it is in writing and signed by the Parties.

(t) Where more than one person comprises a Party, each person:

(i) is jointly and severally liable for the performance by that Party of that Party's obligations under the Agreement; and

(ii) will act jointly in relation to the exercise by that Party of its rights under the Agreement.

(u) Unless a contrary intention is specifically expressed, no provision of the Agreement limits any right of the Company whether under the Agreement or under any law.

2 PROVISION OF SERVICES 2.1 Scope

(a) The Company agrees to provide the Services set out in Box 3 to the Client at, unless otherwise agreed, the Site set out in Box 4.

(b) The Scope of the Services to be provided by the Company to the Client may be amended or varied, as agreed in writing by the Parties from time to time to include, without limitation:

(i) Provision of Storage Area under licence; (ii) Loadout and Onloading; (iii) Stevedoring; (iv) Plant Hire; (v) Fuel & Water Supply; (vi) Cranage; (vii) Berthage of the Clients vessels; (viii) Disposal of waste oil and garbage; and (ix) Slipway Services; and (x) Landing Warf Facilities.

(c) The Parties acknowledge and agree that the Terms and Conditions for Supply of Services govern, and apply to, all Services provided by the Company to Client unless the Parties agree otherwise in writing.

(d) Any tasks, functions or responsibilities not specifically described in Box 3 (Scope of Services) as part of the Services which are necessary or incidental to the proper provision of the Services are deemed to be included in the Scope of Services as if specifically described in the Agreement.

(e) Company shall provide all services including labour, materials, plant and all other things required for the execution and completion of the Services.

(f) In providing the Services, the Company may use its absolute discretion as to the means, methods,

techniques, sequences, procedures and controls in connection with the provision of the Services.

(g) All towage and other services undertaken by the Company's tugs during the currency of this Agreement (if any) shall at all times be subject to the terms and conditions of "The UK Standard Conditions of Towage and Other Services" (Revised 1974) a copy of which is annexed to this Agreement.

2.2 Responsibilities and obligations of the Client The Client must and must use its best efforts to ensure that all Client Personnel on the Site: (a) comply with the Company Environmental, Health

and Safety Standards and the Company Policies (which are available for inspection upon request) while on Site;

(b) comply with any reasonable and lawful directions of the Company relating to the provision of the Services;

(c) ensure that any Company Equipment within the Client's possession or control is kept in good working condition and the Client is responsible for all loss of and damage to any Company Equipment while in the Client's possession or control, except to the extent to which the loss or damage is due to normal wear and tear or the negligence of Company or its Personnel.

(d) not in its use of the Services do anything to cause any material damage to the Company's property or any loss or damage to the Company or to any person employed either directly or indirectly by the Company.

(e) at all times ensure that any part of the Company's property of facilities used for the Services is secure and safe.

(f) comply with any direction given by the Company to remove any Vessel, employee or subcontractor of the Client from the Company’s wharf, facilities or equipment upon request by the Company to do so.

(g) do not otherwise act in a manner which disrupts or adversely affects Company's business reputation, interests and goodwill.

2.3 Commencement and Duration Company shall commence the Services on the date

stated in Box 5 and shall complete the Services by the date stated in Box 6. The Parties may by written agreement, extend the provision of the Services beyond the date in Box 6 at the rate specified by the Company.

2.4 Working Hours Unless otherwise agreed, Client agrees to observe the

same working hours as the Company. 3 REPRESENTATIONS AND WARRANTIES 3.1 Client representations and warranties

(a) The Client acknowledges and declares that by entering into this Agreement, the Client has relied solely on its own inspection, enquiry, perusal and opinion in relation to the suitability of the Company's property and facilities and has not relied on any promise, representation, warranty or undertaking given by or on behalf of the Company in respect of the suitability of the Company's property or facilities for any use required by the Client and all warranties (if any) implied law are hereby so far as legally possible expressly negatived.



Page 7 of 18

(b) Subject to clause 2.1(g), the liability of the Company for claims arising under this Agreement or in Tort shall be limited, at the option of the Company, to:

(i) In the case of goods, any one of the following: • The replacement of the goods; or • The supply of equivalent goods; or • The repair of the goods; or • The payment of the cost of replacing

the goods or of acquiring equivalent goods; or

• The payment of the cost having the goods repaired.

(ii) In the case of services, any one of the following: • The supply of the services again; or • The payment of the cost of having the

services supplied again. (c) The Client warrants that it will procure that both

the Client's Vessel (if any) and the Owner and Operator of the Vessel shall comply with the requirements of the International Safety Management (ISM) Code. Upon request, the Client shall provide the Company with a copy of the relevant Document Of Compliance (DOC) and Safety Management Certificate (SMC).

3.2 Survival Each of the representations and warranties in this

clause 3 remain in full force and effect despite the expiry or termination for any reason of the Agreement.

4 SUBCONTRACTORS AND THIRD PARTIES

(a) The Company may subcontract the performance of any of the Services to be provided under the Agreement without the prior written consent of the Client.

(b) The Client agrees that where it requires the use of services other than those Services provided by Company (Third Party Services), such Third Party Services shall be subject to an Administrative Fee set out in Box 7.

(c) The Client agrees to indemnify and hold harmless Company against any loss, delay, cost or Liability arising out of the use of the Third Party Services.

5 PERSONNEL 5.1 ITF

Client warrants and guarantees that the terms and conditions of employment of the crew of the Client's Vessel (if any) are acceptable to the International Trade Federation (ITF) and will remain so for the duration of the Agreement. Should they not so conform, the Client agrees to indemnify the Company for any and all damages the Company suffers as a result of such non-conformance.

5.2 Safety (a) During the provision of the Services by the

Company, the Client will: (i) take measures necessary to protect

people and property; (ii) avoid unnecessary interference with the

passage of people and vehicles; and (iii) prevent nuisance and unreasonable noise

and disturbance.

(b) If the Client fails to comply with an obligation under this clause, the Company, after the Company has given reasonable written notice to the Client, and in addition to the Company's other rights and remedies, may have the obligation performed by either itself or by others appointed by it (at its election). In this event, the Client agrees to indemnify the Company the cost incurred by the Company in exercising this right.

(c) Company shall not be responsible for the safety of any property on the Vessel (if any), including the Vessel herself, or the safety of any equipment of the Vessel whether the same remains on board or is landed.

6 SERVICE FEE

(a) The Service Fee is calculated by applying the relevant service rates set out in Schedule A and/or Schedule B (Services Rates) to the appropriate total units of time or other units properly and reasonably incurred by the Company in the providing Services;

(b) The Service Fee and the Service Rates (if any) are subject to adjustment during the Term at the absolute discretion of the Company.

(c) The Service Fee is exclusive of GST. Any obligations to pay any stamp duty or statutory charges under this Agreement shall be the responsibility of the Client and paid by the Client.

7 PAYMENT 7.1 Payment on provision of invoice

(a) Client will pay the Company the Service Fee for Services as specified in Box 8 at the times set out in Box 9, or if there are no times set out in Box 9, fortnightly.

(b) Client agrees to pay Company the Service Fee within 14 days after receipt of invoice by the Client.

(c) If payment of the Service Fee is not made by Client to Company within 14 days after date of the invoice, the Company is entitled to charge interest at the rate stated in Box 10 on the amount outstanding from an including the due date until payment is received.

(d) Where an invoice is disputed by the Client and cannot be resolved 7 Business Days before the invoice is due for payment, the Client will pay the undisputed portion of the invoice but shall be entitled to withhold payment of the disputed portion provided that portion is reasonably disputed and the Client provides Company with written reason of the dispute.

(e) Should the Company prove the validity of a disputed portion of the invoice, Client will pay the balance of the invoice within 5 Business Days after the dispute is resolved. Interest will be charged at the rate specified in Box 10 on such disputed amounts where resolved in favour of the Company.

(f) Should Client's claim be valid, a correct invoice will be issued by the Company.

(g) All charges and other payments due from the Client to Company pursuant to these Conditions shall, if the Company so requires, be paid by the Client before the Vessel (if any) leaves its berthing. Until so paid the charges and other payments shall



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be a charge upon the Vessel and the cargo (if any) contained therein. If the charges and other payments are required to be paid before the Vessel leaves it’s berthing, the Company shall have lien over and be entitled to detain the Vessel until payment in full. The Client agrees to pay to the Company delay costs for the amount stated in Box 11 for each day or part thereof that the Vessel is detained by the Company pursuant to this clause 7.1(g).

7.2 Claims (a) The Client must make any Claim in relation to the

Agreement within the earlier of: (i) 6 months after the provision of the

Services to which the Claim relates; and (ii) 6 months after the Term, after which the Client acknowledges and agrees that Company's liability for that Claim is extinguished.

(b) This clause 7 survives the expiry or termination of the Agreement.

7.3 Discharging Claims (a) The Client agrees to reimburse the Company for

any reasonable amount that the Company pays in discharging a Claim by a Subcontractor or supplier to the Company who has been engaged to perform all or any part of the Services (including all reasonable costs and legal fees) as a debt due to the Company by the Client.

(b) This clause 7.3 survives the expiry or termination of this Agreement.

8 GST (a) All sums of money or other consideration referred

to or quoted in this Agreement are exclusive of GST.

(b) Any GST or withholding tax applied by the Government of Australia to services provided under the Agreement shall be reimbursable cost chargeable to the Client, without mark-up.

9 ENVIRONMENTAL, HEALTH AND SAFETY 9.1 Compliance with Laws, Authorisations etc

(a) While on Site, the Client must at all times comply with and ensure that the Client's Personnel comply with:

(i) all applicable laws, including industrial awards and agreements;

(ii) all Company Environmental Health and Safety Standards; and

(iii) all Government Authorisations. (b) The Client must, at its own cost, comply with each

Governmental Notice issued in respect of, arising from or relating to the performance by the Company of its obligations under the Agreement, whether the Governmental Notice is served on the Company or the Client.

9.2 Entry onto the Site If the Client enters the Site, the Client must ensure that

the Client and its Personnel: (a) complete Company's safety induction and visitors'

site orientation programs before entering the Site; (b) comply with all directions and orders given by the

Company or the Company's Representative; (c) do not interfere with any of the activities of

Company or any other person at the Site;

(d) ensure that all rubbish and other debris is removed from the Site and that the Site is left secure, clean, orderly and fit for any use specified by Company, failing which a debt is due to Company from the Client for any costs Company incurs to ensure the Site is secure, clean, orderly and fit for the use specified by Company; and

(e) ensure that any Vessel, tools, equipment, material or other products brought onto the Site are kept secure from theft or damage and comply with any relevant Law, manufacturer or owner specifications or standards, Company Environmental, Health and Safety Standards, Company Policies and Government Authorisations.

9.3 Hazardous Substances (a) The Client and its Personnel must not, without the

prior written consent of Company, cause or allow any Hazardous Substances to be brought onto, produced on, transported to or from, treated, stored or disposed of on the Site.

(b) Before bringing any Hazardous Substance onto the Site the Client must provide Company with material safety data sheets on each of the Hazardous Substances regarding the potential effects on the Environment and risks to human health of that substance.

(c) The Client must promptly notify Company of any discharge, release or threatened release of a Hazardous Substance on or from the Site or surrounding land that the Client or its Personnel become aware of.

9.4 Pollution, Contamination and Environmental Harm (a) The Client and its Personnel must not cause or

allow Pollution, Contamination or Environmental Harm to occur in, on or under the Site or surrounding land.

(b) The Client must notify Company immediately upon the Client or its Personnel becoming aware of:

(i) the existence of Pollution, Contamination or Environmental Harm affecting the Site or surrounding land;

(ii) the potential for Pollution, Contamination or Environmental Harm to affect the Site or surrounding land;

(iii) any complaint made against the Client or its Personnel to any Government Agency;

(iv) any proceedings commenced against the Client or its Personnel, relating to an alleged failure by the Client or its personnel to comply with a Law or Government Authorisation in relation to the performance by the Client of its obligations under the Agreement; or

(v) any Governmental Notice being served on the Client or its Personnel.

10 REMEDIATION (a) If the Client or its Personnel cause, allow or

contribute to any release or threatened release of Hazardous Substances, the Client must, at its own cost and as soon as practicable, perform Remedial Work to Company's satisfaction to prevent, mitigate and rectify any damage or potential damage resulting from the release or threatened release to the extent that the release or threatened release was caused or contributed to by the Client or its Personnel.



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(b) If the Client or its Personnel cause, allow or contribute to the Site or the surrounding land becoming affected or potentially affected by Pollution, Contamination or Environmental Harm the Client must, at its own cost and as soon as practicable but not later than the Remediation Date, perform Remedial Work to Company's satisfaction to prevent, mitigate and rectify any resulting damage or potential damage to the Site or the surrounding land to the extent that the Pollution, Contamination or Environmental Harm was caused or contributed to by the Client or its Personnel.

(c) Company reserves the right to determine the method and means of Remedial Work performed by the Client under this clause 10.1.

(d) If the Client fails to perform the Remedial Work required by this clause 10.1, Company may do those things required by this clause 10.1 (including engaging a third party to do those things) at the Client's expense, and the Client indemnifies Company in accordance with clause 10.4.

(e) This clause 10.1 survives the expiry on termination of this Agreement.

10.2 Disclosure (a) Except where required by law, the Client and its

Personnel must not disclose information concerning the environmental condition of the Site or surrounding land to any person, including any Government Agency, without Company's prior consent.

(b) Where disclosure of information concerning the environmental condition of the Site or surrounding land is required by law, the Client and its Personnel must notify the Company before disclosing the information.

10.3 Environmental Release The Client releases the Company from all Liabilities arising from or connected with (directly or indirectly) the presence of any Pollution, Contamination or Environmental Harm in, on or under the Site and surrounding land at any time during or after the Term, to the extent that the Pollution, Contamination or Environmental Harm was caused or contributed to by the Client or its Personnel.

10.4 Environmental Indemnity Without limiting clause 10.1, the Client indemnifies the Company in respect of all Liabilities and any judgement, order, obligation or duty for which the Company is or may become liable, including Claims by third parties, in respect of or arising from (directly or indirectly): (a) Default by the Client or its Personnel under this

clause 10; and (b) to the extent caused or contributed to by the Client

or its Personnel, any Pollution, Contamination or Environmental Harm in, on or under the Site or surrounding land during or after the Term.

10.5 RIGHTS TO EXCLUDE PEOPLE (a) Except with the prior written consent of the

Company, the Client must not allow any person other than Company's Personnel or the Client's Personnel to enter the Site.

(b) Company may (and may instruct the Client to) remove from, or refuse entry to, the Site any

person including a person who in the Company's opinion is:

(i) engaged in activities which are contrary or detrimental to the interests of the Company; or

(iii) not complying with any Company Environmental, Health and Safety Standards or any Company policies (as notified by the Company to the Client from time to time).

is guilty of misconduct or is incompetent and or negligent and or fails to follow the Company’s reasonable instructions.

11 LIABILITY AND INDEMNITY 11.1 Acknowledgment

The Client acknowledges that, if it enters the Site, it does so at the Client's own risk. The Client must ensure that its Personnel are also aware that they enter the Site at their own risk.

11.2 Liability and Indemnity (a) The Company will not be responsible for loss of or

damage to the property of the Client of their contractors and Subcontractors, including any Vessel, or for personal injury or death of the employees of the Client or of their contractors and Subcontractors, arising out of or in any way connected with the performance of the Services under this Agreement, even if such loss, damage, injury or death is caused wholly or partially by the act, neglect, or default of the Company, their employees, contractors or sub-contractors, and even if such loss, damage, injury or death is caused wholly or partially unseaworthiness of any Vessel, and the Client shall indemnify, protect, defend and hold harmless the Company from any and against all claims, costs, expenses, actions, proceedings, suits, demands and liabilities whatsoever arising out of or in connection with such loss, damage, personal injury or death.

(b) Client releases Company from and indemnifies Company from and against any liability, whether arising in tort, contract, equity, under statute or otherwise, for all claims and or demands made against the Company.

(c) Client shall indemnify and keep indemnified Company from and against liability for all claims made on or against Company in respect of:

(i) death of or injury or illness to any person; (ii) any loss of, damage to or destruction of

any property of any person; and (iii) actual or potential pollution or

environmental damage and the cost of cleanup or control thereof arising from discharge, spills or leaks from any property of the Client,

(iv) any penalty imposed for breach of any applicable law in connection with the provision of the Services; and

(v) any loss, damage, expense or delay caused by failure on the part of the Client to comply with the International Safety Management (ISM) Code,

howsoever caused by, or arising out of or in connection with the Services or this Agreement



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and whether caused by a negligent act or omission or otherwise.

(d) The Client acknowledges that it will be solely responsible for any pilot, or any tug, engaged for any reason on a voluntary or compulsory basis by any party for the Vessel.

(e) Notwithstanding anything to the contrary contained herein, the Parties agree that section 100 and sections 114B to 114E of the Port Authorities Act 1999 (WA) shall be incorporated into this Agreement and shall apply as if the Company were a port authority as defined by the Port Authorities Act.

(f) Notwithstanding anything to the contrary contained herein, the Parties agree that section 113 of the Port Authorities Act 1999 (WA) shall be incorporated into this Agreement and shall apply as if the Company were a port authority as defined by the Port Authorities Act.

11.3 Consequential Damages The Client agrees to protect, defend and indemnify the Company against any consequential damages suffered by the Client arising out of or in connection with the performance or non-performance of this Agreement, including, but not limited to, loss of use, loss of profits and cost of insurance.

11.4 No proportionality The Parties agree that the Civil Liability Act 2002 ("the Act") is expressly excluded from application to this Agreement pursuant to Section 4A of the Act.

11.5 Indemnity continuing Each indemnity in this Agreement is a continuing obligation separate and independent from the Client's other obligations and survives termination of the Agreement.

11.6 No requirement for expense before enforcing indemnity right It is not necessary for the Company, a member of the Group, or their respective Personnel to incur expense or make payment before enforcing a right of indemnity conferred by this Agreement.

12 INSURANCE (a) The Company will maintain insurance policies

protecting the employees and property of the Company as it deems necessary.

(b) The Client and its Subcontractors are at risk in respect to all of the Client's or the Subcontractor's employees and property.

(c) Unless otherwise agreed with the Company in writing, the Client must effect and maintain throughout the Term at its own expense at least the insurances (Client Insurances) set out in Box 12:

(d) Each of the Client Insurances must be primary in that the insurer waives any rights it may have to seek contribution from any other insurer of the Company.

(e) The Client must ensure that its Subcontractors have the benefit of, or effect and maintain insurances similar to, the Client Insurances.

(f) To the extent that the Client and its Subcontractors maintain insurance coverage in excess of the requirements of clause 12(c), the Company is entitled to the benefit of those excess insurances.

(g) The Client must provide the Company with evidence of the insurance required under this clause 12, including certification of its currency and coverage, on request by the Company.

(h) This clause 12 survives the expiry or earlier termination of this Agreement.

(i) Prior to bringing a Vessel on Site, the Client warrants that it has relevant cover in an amount of US$500,000,000 with a Protection & Indemnity Club which is a member of the International Group of P & I Clubs in respect of the pollution risks set out in clause 10 above and undertakes to provide written evidence of this cover to the Company upon request to do so.

(j) Client warrants that for the duration of the Agreement, Client's Vessels (if any) will be insured, at their expense, for P&I risks with a P&I Club selected from the International Group of P&I Clubs. Client will inform the Company of the name of the Client's Vessel's P&I Club prior to the Vessel's arrival at the port. Client warrants that for the duration of the Agreement they will not change the Vessel's P&I Insurers without the Company's prior consent which shall not be unreasonably withheld. If Client fails to arrange and keep any of the insurances provided for under the provisions of this clause in the manner described therein, the Company will notify Client whereupon the Client will rectify the position within three (3) running days, failing which the Company will have the right to reject the Client's Vessel without prejudice to any claim the Company may otherwise have against the Client.

P&I Insurance

(k) Client warrants that Client's Vessel has hull and machinery insurance in terms no less than the Institute Time Clauses with a reputable insurer. Details of the relevant hull and machinery insurance (including details of the insurer) will be provided to the Company prior to the commencement of the Services. Client warrants that for the duration of the Agreement. the full amount of hull and machinery insurance on the Client's Vessel shall not change without the Company's prior consent which shall not be unreasonably withheld. If Client fails to arrange and keep any of the insurances provided for under the provisions of this clause in the manner described therein, the Company will notify Client whereupon the Client will rectify the position within three (3) running days, failing which the Company will have the right to reject the Client's Vessel without prejudice to any claim the Company may otherwise have against the Client.

Hull and Machinery Insurance

13 FORCE MAJEURE 13.1 Notice of Force Majeure Event

If a Party (the Affected Party) is prevented from, or delayed in, performing under this Agreement by a Force Majeure Event: (a) the Affected Party must give the other Party written

notice of that fact within 10 Business Days after the start of the Force Majeure Event; and

(b) the obligations of the Parties under this Agreement, other than an obligation to pay moneys



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outstanding prior to the occurrence of the Force Majeure Event, are suspended to the extent to which they are affected by the Force Majeure Event as long as the Force Majeure Event continues.

13.2 Mitigation of event The Affected Party must use its best endeavours to remove, or relieve any effects of, any Force Majeure Event and to minimise the delay in the performance of the Affected Party's obligations under the Agreement caused by a Force Majeure Event. However, this does not require a Party to settle any industrial dispute in any way it does not want to.

13.3 Cessation of Force Majeure Event When the Affected Party's obligations are no longer affected by the Force Majeure Event: (a) the Affected Party must recommence performance

of all its obligations under the Agreement as soon as practicable; and

(b) The Company shall be relieved of all Liability for loss, injury or damage suffered by the Client during the period of the Force Majeure Event.

14 TERMINATION 14.1 Termination by Notice

(a) Company may, at any time and for any reason, terminate this Agreement or any part of it by giving the Client not less [10] days' notice (Notice Period) of its intention to do so (Termination Notice).

(b) The Agreement terminates under this clause 14.1 on the day immediately after the expiry of the Notice Period.

14.2 Termination without Notice Notwithstanding clause 14.1, the Company may by written notice immediately terminate the Services without notice under this Agreement if: (a) the Client fails to perform any of his obligations

under the Agreement; (b) is likely to have a conflict of interest in their

performance of any fundamental obligation within the Agreement; or

(c) is in financial distress 14.3 Obligations upon Termination or Expiration

Upon Termination or expiration of this Agreement, the Client must: (a) immediately take all possible action to mitigate

any Liabilities incurred by it as a result of the termination; and

(b) take any other action reasonably required by the Company in relation to the termination.

(c) pay for all Services provided to the Client as at the date of termination, less any payments previously made by Client in respect of those Services; and

(d) pay to the Company the reasonable out-of-pocket costs and expenses that the Company has incurred up to and including the date of termination and any other costs reasonably incurred by reason of the termination;

(e) immediately return to the Company any Confidential Information belonging to the Company; and

(f) return to Company any items (including Company Equipment) provided to the Client by the Company.

15 DISPUTES

(a) Any issue or dispute relating to the Agreement must first be referred to Company's Representative and the Client's Representative who must in good faith endeavour to resolve the issue or dispute or to agree on methods of resolving the dispute by other means.

(b) In the event that the dispute has not been resolved within 30 days from the date it is referred to the Parties Representatives, the dispute may be referred to arbitration by either Party.

(c) The arbitration shall be held in Perth, Western Australia in accordance with the Commercial Arbitration Act 1985 (WA) or any statutory modification or re-enactment thereof. The arbitration will be subject to the Rules of Arbitration of the International Chamber of Commerce ("the Rules").

(d) The tribunal is to consist of three arbitrators appointed in accordance with the Rules, one of whom shall be chosen by the Company, one by the Client, and a third by the two so chosen.

(e) The Arbitrators shall be recognised by the Australian Centre for International Commercial Arbitrations or the Institute of Arbitrators Australia as having expertise in shipping or maritime matters.

(f) A Party wishing to refer a dispute, controversy, claim or difference to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other Party requiring the other Party to appoint its own arbitrator within 14 calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator unless the other Party appoints its own arbitrator and gives notice that it has done so within the 14 days specified. If the other Party does not appoint its own arbitrator and give notice that is has done so within the 14 days specified, the Party referring a dispute to arbitration may without the requirement of any further prior notice to the other Party, appoint its arbitrator as sole arbitrator and shall advise the other Party accordingly. The award of a sole arbitrator shall be binding on both Parties as if he/she had been appointed by agreement. Nothing herein shall prevent the Parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator.

(g) Arbitration shall be conducted in Perth in the English language. The award of the arbitration shall be final and binding on the Parties and may be enforced in any court with competent jurisdiction in the same way as a judgment in such court.

(h) No action in any court of law arising out of this Agreement shall be commenced by one Party against the other unless and until the dispute or claim has been referred to arbitration as provided in this clause 15.

(i) The arbitration shall be conducted in accordance with the Commercial Arbitration Act 1985 (WA) save except to Parties hereby agree: (i) a Party may be represented by duly qualified

legal practitioners or other representatives; (ii) the Arbitrators shall not have the powers

conferred by Section 27 of the Commercial Arbitration Act 1985 (WA); and



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(iii) the Arbitrators must include in the arbitration award their findings on material questions of law and fact, including references to the matters on which the findings of fact were based;

(j) The Parties shall give any necessary consent to an appeal to the Supreme Court of Western Australia on any questions of law arising in the course of arbitration or arising out of the arbitration award;

(k) Nothing in this clause restricts or limits the right of either party to obtain interlocutory relief or to immediately terminate this Agreement where the Agreement provides such a right.

16 CONFIDENTIALITY

(a) Each Party must keep confidential the terms of this Agreement, the contents of all negotiations leading to its preparation and all other Confidential Information, and must not disclose or permit the disclosure of such Confidential Information to any other person.

(b) This Agreement does not prohibit the disclosure of Confidential Information by a Party in the following circumstances:

(i) The other Party has consented to the disclosure of the relevant Confidential Information in writing;

(ii) The disclosure is specifically permitted by this Agreement;

(iii) The disclosure of Confidential Information is to an employee, Subcontractor, agent or representative who needs it for the purposes of this Agreement and the Party disclosing the Confidential Information ensures that the relevant employee, Subcontractor, agent or representative understands and complies with the terms of this clause;

(iv) The disclosure is to a professional adviser in order for it to provide advice in relation to matters arising under or in connection with this Agreement and the Party disclosing the Confidential Information ensures that the professional adviser understands and complies with the terms of this clause;

(v) The disclosure is required by a court or governmental or administrative authority; or

(vi) The disclosure is required by applicable law or regulation.

(c) This clause 16 survives the expiry or termination of the Agreement.

17 VARIATIONS AND EXTENSIONS

(a) At any time during the Term, the Company may by notice in writing to the Client, vary the Services to be provided to the Client as a consequence of:

(i) a change in the nature, quality, timing or sequence of portions of the Services at the direction of the Client;

(ii) an increase in the costs to provide the Services which are beyond the control of Company;

(iii) additional work is required to perform the Services.

(b) The Company will be entitled to an extension of time to provide the Services if:

(i) the cause of the delay was beyond the reasonable control of Company; and

(ii) the Company gives written notice to the Client explaining the reason and duration of the extension required.

(c) The Company will be entitled to be paid the Service Fee and any ancillary costs and expenses during any extension under this clause.

18 AMENDMENT AND ASSIGNMENT 18.1 Amendment

This Agreement shall not be modified, varied, amended, supplemented, replaced or novated other than by an instrument in writing signed by an authorised representative of each of the Parties.

18.2 Assignment A Party cannot assign the Agreement or any right under the Agreement without the prior written consent of the other Party.

19 NOTICES (a) Each of Company's Representative and the

Client's Representative is capable of giving and receiving any notices required to be given or received for the purposes of the Agreement and doing all things necessary to be done by a Party under the Agreement.

(b) A notice, consent or other communication under the Agreement is only effective if it is in writing, signed and either left at the addressee's address or sent to the addressee by mail, fax or e-mail.

(c) A notice, consent or other communication that complies with this clause is regarded as given and received: (i) if sent by mail, 3 Business Days after it is

posted; (ii) if sent by fax, when the addressee actually

receives it in full and in legible form; and (iii) if sent by e-mail, when the sender receives

confirmation on its server that the message has been transmitted.

(d) A Party's postal address, email address and fax number are those set out in the Contract Details, or as last notified by the Party.

20 GENERAL 20.1 Governing law

(a) This Agreement is governed by the Law of the State of Western Australia and the applicable Laws of the Commonwealth of Australia.

(b) Client and the Company irrevocably and unconditionally submit to the jurisdiction of the courts of Western Australia.

20.2 Relationship of Parties (a) The relationship between the Parties is one of

independent contractors and the Client must not represent itself, and must ensure that its Personnel do not represent themselves, as being agents, servants, employees or representatives of the Company.

(b) Nothing in the Contract is or will be taken as constituting the relationship of partners or joint venturers between the Parties or otherwise sharing risks or rewards or constituting a Party the agent, servant, employee or representative of the other Party.

20.3 No Reliance by Client The Client acknowledges and agrees that:



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(a) in entering into the Agreement, the Client does not, except to the extent expressly stated in the Agreement, rely on any representation, warranty, condition or other conduct which may have been made by the Company, any Group member, or any person purporting to act on behalf of the Company or any other Group member; and

(b) the Client has read this Agreement and has made all necessary and independent inquiries in relation to all matters relevant to the entry into, and the performance of its obligations under, this Agreement.

20.4 Waiver of rights (a) The fact that a Party fails to do, or delays in doing,

something the Party is entitled to do under this Agreement, does not amount to a waiver of any obligation of, or breach of obligation by, another Party.

(b) A waiver by a Party is only effective if it is in writing. A written waiver by a Party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

20.5 Further acts The Parties will promptly do and perform all acts and

things and execute all documents as may from time to time be required, and at all times will act in good faith, for the purposes of or to give effect to this Agreement.

20.6 Costs Each Party must bear its own costs arising out of the negotiation, preparation and signing of this Agreement.

20.7 Severability (a) If a clause or a part of a clause of this Agreement

can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a

way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid , that clause or part is to be treated as removed from this Agreement, but the rest of this Agreement is not affected.

(b) Where a provision is prohibited or unenforceable, the Parties must negotiate in good faith to replace the invalid provision by a provision which is in accordance with the applicable Law and which must be as close as possible to the Parties' original intent and appropriate consequential amendments (if any) will be made to the Agreement.

21 SURVIVAL OF PROVISIONS Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the Parties and survives the expiration or termination (for any reason) of this Agreement.

22 EXECUTION OF SEPARATE DOCUMENTS This Agreement is properly executed if each Party executes either this document or an identical document. In the latter case, this Agreement takes effect when the separately executed documents are exchanged between the Parties.

23 ENTIRE AGREEMENT This Agreement constitutes the sole and entire agreement between the Parties in relation to the subject matter they deal with and contain all of the representations, warranties, undertakings and agreements of and between the Parties. The Parties accept that they rely on only those matters expressly set out in this Agreement as they supersede all prior negotiations, contracts, arrangements or understandings with respect to the subject matter dealt with in this Agreement. There are no representations warranties, undertakings or agreements between the Parties, expressed or implied, except as set out in this Agreement.


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Booking of Cranes, Forklifts, Trucks and other Plant

Plant can be booked by telephoning the Yard Supervisor on Tel: (08) 9183 6600 or 0418 935 042

Laydown Area

Open storage is calculated on actual area occupied and allows a 25% access clearance. Minimum open, and undercover storage is 1 month. Long term rental rates can be negotiated. Minimum rental area: Open - 500m2

Undercover - 100m2 Calculation of Hours

Normal working hours are Monday to Friday 0700hrs to 1500hrs. Overtime hours are any hours outside of the normal hours, including Night shift. Public Holidays are the designated public holidays i.e. Easter Monday, Christmas Day etc. All machinery and labour rates incur labour loading as per labour schedule. 4hr minimums for all Labour on callouts Part Hours Labour hours are rounded up to the next hour.

Offices Minimum office rental is one month

Use of Mermaid Marine Dampier Supply Base

All activities that occur on the Mermaid Marine Dampier Supply Base are the responsibility of Mermaid Marine Management. As such it is imperative that these activities meet the quality and safety standards of Mermaid Marine. To ensure that this occurs the following policies and procedures apply to any activity occurring on the Mermaid Marine Dampier Supply Base:

1. All activities undertaken at the Mermaid

Marine Dampier Supply Base will be undertaken using the Mermaid Marine Permit to Work and Safety Management systems.

2. All permits required will be issued by Mermaid Marine following a request from the responsible Manager/Supervisor, Client Project Manager, Vessel Master or third party contractor Supervisor utilising our base or wharf. Permits will be issued by the Yard Supervisor or Safety Advisor at $60.00 per permit.

3. All third party work that is organised and invoiced through Mermaid Marine will attract an Organisation and Administration fee of 15% on the invoiced amount.

Safety and Security Levy

All personnel that visit Mermaid Marine Dampier Supply Base to carry out work either in Mermaid Marine Supply Base, or on a vessel alongside Mermaid Marine Dampier Wharf will attract a Safety

and Security Levy of $35.00 per day per man. This Levy includes part shifts. Mermaids Security gate will record dates and times of the personnel entering and exiting the supply base. Invoicing for this Levy will be done on a monthly basis i.e. not per project so all contractors employed by the client will need to be given a project name or reference if costs are to be separated.

Security Guard Services

Mermaid Marine provide a security guard 24 hours per day 7 days per week.

Nightshift

All nightshift work will have a stand down charge applied at the end of either consecutive or single night shifts. The fee will be charged at standard rates for an 7.6 hour shift.

1. DEFINITIONS: OWNER means Mermaid Supply Base Pty. Ltd. A.C.N. 009 200 640. PLANT means the equipment described overleaf including all tools accessories and spare parts supplied therewith which the owner agrees to hire to the hirer. HIRER means a person or firm hiring plant from the owner, and any officer, employee or agent of the hirer who signs this document purportedly on the hirer’s behalf may be taken by the owner as having full authority to sign on the hirer’s behalf. 2. RATE OF HIRE: (a) The hire rates stated overleaf are based on the hirer using the plant for not more then 8 hours each day. (b) Where the hirer uses the plant for more than 8 hours in any one day, a charge of 50% of the daily rate of hire shall be incurred for each 9 hour period or part thereof the plant is used, in addition to the daily charge. (c) The damage theft waiver shall be charged as an extra. (d) All Government charges, rates and duties (including stamp duty) on hiring arrangements shall be charged as an extra to the hire rate. (e) The owner reserves the right at any time and without notice to revise the hire rate charges stated overleaf. 3. PERIOD OF HIRE: (a) The minimum period of hire shall be one day. (b) Not withstanding any other condition of the agreement and without prejudice to any other remedies the owner may have against the hirer, the owner may terminate this agreement: (1) At any time provided the owner gives the hirer two days written notice. (2) Where the hirer breaches his agreement without notice. Upon termination of this agreement the owner shall be entitled to take possession of the plant without notice for which purposes the hirer hereby authorises the owner or agents to enter any land or premises of the hirer or under his control where the plant is situated at the time of termination in order to remove the plant therefrom. (c) The period of hire shall commence: (1) From the time the plant is collected by the hirer from the owners premises and shall expire at the time of return of the plant to the owners premises or, (2) Where the owner has agreed to deliver or collect the plant from the time the plant leaves the owner’s premises and shall expire at the time when he notifies


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the owner that the plant is available for collection providing the hirer has given the owner sufficient notice to enable the plant to be collected and returned to the owner’s premises prior to 8am on the day following the last day of hire. (d) If the hirer fails to: (1) Give the owner sufficient notice to enable the collection and return of the plant to the owner’s premises or, (2) Return the plant to the owner’s premises before 8am on the day following the last day of hire, then the hirer shall incur an extra charge for each day or part thereof until the plant is returned. Sufficient notice means notice given to the owner in writing or telephone or personally between: (a) 8am and 5pm on weekdays. (b) 8am and 12noon on Saturdays. (c) 8am and 10am on Sundays and public holidays. 4. OPERATOR (a) Unless the owner supplies an operator to work the plant, the hirer shall employ someone to operate the plant and pay all wages for that operator. (b) The owner may supply at the request of the hirer an operator to work the plant who shall work under control and direction of the hirer and shall be deemed to be the servant or agent of the hirer who alone shall be responsible for all claims whatsoever arising in connection with the operation of the plant or any third party. (c) Where the owner supplies an operator the hirer shall not allow any other person to operate the plant without the owner’s consent. 5. HIRER’S OBLIGATIONS: The hirer shall: (1) Pay all hire charges and where applicable all delivery and collection charges. (2) Use the plant in a skillful and proper manner and only for the purpose and within the capacity for which the plant was designed. (3) At his own expense supply all fuel, oil and grease necessary for the operation, service and maintenance of the plant. (4) Accept full responsibility and liability for the safekeeping of the plant and indemnify the owner for the loss, theft or damage to the plant however caused and without limiting the generality of the foregoing, whether or not such loss theft or damage is attributable to any abandonment of the plant, negligence, failure or omission of the hirer. (5) Ensure that any person using the plant shall comply with all relevant statutes, regulations and by-laws that apply to the plant. (6) At his own expense, service, clean and maintain the plant in good order and repair and condition, reasonable wear and tear expected. (7) Upon the completion of the hire period, clean the plant or be charged a cleaning fee for any cleaning required by the owner. (8) Not remove or cover any plates or marks that the owner has affixed to the plant to indicate that the plant is the property of the owner. (9) Indemnify and hold the owner harmless against all claims, actions, suits, demands, costs including all legal costs and expenses in any way arising out of the use of the plant by the hirer during the period of the hire whether caused by negligence of the hirer or his agents or by negligence of any other person whatsoever

or arising out of the condition of the plant or the use to which it is used. (10) Not in any way part with possession of the whole or part of the plant, nor sell, assign, mortgage, pledge, sub-lease, lend or otherwise deal with the whole or part of the plant. (11) Indemnify and hold the owner harmless against any union actions, suits or demands and shall have no claim whatsoever against the owner resulting from such events or protest that affects the plant or property on which the plant may from time to time be situated. 6. DELIVERY Where the owner consents to make delivery of the plant the owner hereby undertakes that it will use its best endeavours to make delivery by the specified time but in the event the owner shall not be liable to the hirer for late delivery, non-delivery or any loss or damage occasioned to the hirer as a result of such late or non-delivery. 7. DAMAGE THEFT WAIVER Unless the hirer otherwise elects in writing, a premium of 10% will apply of the gross hire charged as a damage theft waiver whereupon the owner agrees to waive its rights to claim for loss or damage to the plant caused by fire, storm, collision, accident, theft or burglary on condition that: (a) Where the hirer gives requisite written notice of its election to forego damage theft waiver after the commencement of the period of hire the premium charged for the period prior to such notice shall remain payable by the hirer. (b) The hirer shall make a prompt verbal report followed within 24 hrs of the damage loss by a detailed written report of the damage or loss. (c) The damage waiver is subject to payment by the hirer to the owner of the greater of $500 for each individual item of plant or 8% of the list price of the plant (d) The damage theft waiver expressly excludes: (1) Damage or loss of the plant in contravention of these conditions of hire. (2) Damage to equipment during transit where transported outside the local boundaries of Karratha/Dampier/Burrup area. (3) Damage resulting from lack of lubrication or other normal servicing of the plant. (4) Theft or loss of the plant unless locked in a secure place. (5) Damage to tyres. (6) Damage caused by the hirer’s negligence or abuse. (7) Damage caused by an illegal act. 8. INUREMENT OF CERTAIN OBLIGATIONS The expiration or determination of these conditions of hire howsoever arising, shall not effect thereafter and shall be without prejudice to any right or action already accorded to either the hirer or the owner in respect of any breach of these conditions of hire of any other party. 9. BREAKDOWNS Where the hirer notifies the owner in writing within 24 hrs of breakdown occurring that renders the plant unusable, hire charges shall not be payable during such time as the plant is unusable provided the unusable condition of the plant is not attributable wholly or partly to the hirer’s negligence, misuse or breach of contract.


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DEFINITIONS Stevedoring Stevedoring is based on gang, comprising a Supervisor and labourers/stevedores. There is a 4 hr minimum charge for any stevedoring. Gang A gang is made up of all stevedoring labour, excluding the crane/forklift hire and operator. Crane and forklift hire are an additional cost and can be hired from Mermaid Marine. SPECIAL TERMS AND CONDITIONS Mooring and Unmooring Rates Where mooring or unmooring are not continuous with Stevedoring, a moor or unmoor charge will be applied at the 3 man gang Stevedoring rates shown above. Minimum charge is one hour. Bunkering To organise bunkers, call Shell Direct on (08) 9185 1880. Cancellation of a Callout If a callout is requested then cancelled, a 4 hour minimum is charged at whichever rate is applicable. Booking a Berth Complete “Application for Berth” form and fax to Mermaid Marine (Fax: (08) 9183 6660) by 1500 hrs the day before the berth space is required. Booking Labour (Mooring/Unmooring, Stevedoring and Laydown Area) Labour must be booked by 1600 hrs the day before labour is required. This includes the booking of nightshift labour for the following evening. If a mooring or unmooring is required at short notice (later than the time stated above), a call out crew can be arranged by telephoning the Yard Supervisor on Tel: (08) 9183 6600 or on 0418 935 042. Booking of Cranes, Forklifts, Trucks and other Plant Plant can be booked by telephoning the Yard Supervisor on Tel: (08) 9183 6600 or on 0418 935 042.

Part Hours Labour hours are rounded up to the next hour. Berth hire hours are rounded down. Use Of Mermaid Marine Dampier Wharf All activities that occur on the Mermaid Marine Dampier Wharf are the responsibility of Mermaid Marine Management. As such it is imperative that these activities meet the quality and safety standards of Mermaid Marine. To ensure that this occurs the following policies and procedures apply to any activity occurring on the Mermaid Marine Supply Base and Wharf: 1. All activities undertaken at the Mermaid Marine Dampier

Wharf will be undertaken using the Mermaid Marine Permit to Work and Safety Management systems.

2. All permits required will be issued by Mermaid Marine

following a request from the responsible Manager/Supervisor, Client Project Manager, Vessel Master or third party contractor Supervisor utilising our base or wharf. Permits will be issued by the Yard Supervisor at $60.00 per permit.

3. All third party work that is organised and invoiced

through Mermaid Marine will attract an Organisation and Administration fee of 15% on the invoiced amount.

Safety and Security Levy All personnel that visit MMSB to carry out work either in MMSB, or on a vessel alongside Mermaid Wharfs will attract a Safety and Security Levy per day per man of $35.00. This Levy includes part shifts. Mermaids Security gate will record dates and times of the personnel entering and exiting the Supply Base. Invoicing for the Levy will be done on a monthly basis i.e. not per project so all contractors employed by the client will need to be given a project name or reference if costs are to be separated. Security Guard Services Mermaid Marine provide a security guard 24 hours per day 7 days per week. Nightshift All nightshift work will have a stand down charge applied at the end of either consecutive or single night shifts. The fee will be charged at standard rates for a 7.6 hour shift.

Schedule B - Storage Area Licence

Special Terms and Conditions of Use


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1 PROVISION OF STORAGE AREA 1.1 In this Schedule B:

(a) Access Areas means any part of the land under the Lease that the Licensor makes available for the purpose of accessing the Storage Area.

(b) Law includes any requirement of any statute, regulation, code, proclamation, ordinance or by-law, present or future and whether State, Federal, local or otherwise.

(c) Lease means the lease for the Land dated 19 April 1999 entered into by the Licensor and other parties, a copy of which has been provided to the Licensee.

(d) Licence means a license granted by the Licensor to the Licensee to use the Storage Area and includes an equitable licence and a licence that arises when the Licensee commences to use the Storage Area before the Licence is signed.

(e) Licensee means Client its officers, employees, agents, visitors, invitees, representatives and contractors.

(f) Licensor means Company its officers, employees, agents, representatives and contractors.

(g) Storage Area means the storage area described in Box 13. The minimum Storage Area for an open area is 500 square metres. The minimum Storage Area for a racked area is 150 square metres. The minimum Storage Area for an under cover area is 100 square metres.

1.2 In this Schedule B, unless the contrary intention appears: A reference to a Law includes any instruments made under it and consolidations, amendments, re-enactments or replacements of it. (a) A reference to a party includes that party’s

successors and permitted assigns and, in the case of a natural person, also includes that person’s personal representatives and administrators.

(b) A person includes a company, partnership, firm, joint venture, association, authority, corporation or other body corporate.

(c) ‘month’ means a calendar month. 1.3 The Licensor grants the Licensee a Licence to use

and occupy the Storage Area. The Licence commences on the date specified in Box 14 and continues from month to month until terminated.

1.4 The Licensee must comply with the obligations of the Licensor under the Lease (except for the payment of monies) and to the extent that any obligation is inconsistent with this Licence this Licence will prevail.

1.5 This Licence is contractual only. It does not create a tenancy or give the Licensee any other interest in the Storage Area.

1.6 The Licensee must pay the Monthly Licence Fee set out in Box 15 monthly in advance on the first business day in each month. The Licensor may increase the Monthly Licence Fee on giving the Licensee not less than one month’s written notice.

1.7 If a Licensee uses the Storage Area for a period of less than a month, it is liable to pay the full Monthly Licence Fee.

1.8 The Licensee must pay interest, calculated daily and compounded monthly, on the whole or any part of the Monthly Licence Fee that is not paid on time. The interest is payable on the amount outstanding from the day the Monthly Licence Fee becomes due

until it is paid. The rate of interest is stated in Box 10.

1.9 The Licensor may, at any time and at its absolute discretion, alter the Storage Area covered by this Licence by giving the Licensee written notice of alternative storage space.

1.10 Without prejudice to any of the Licensor’s other rights under this Agreement, the Licensor may at any time for it’s sole convenience, and for any reason, by written notice to the Licensee, terminate the Licence effective from the date stated in the Licensor’s notice, or if no such time is stated, at the time the notice is given to the Licensee.

1.11 The Licensee must not use the Storage Area for any purpose except to store plant and equipment. The Licensor reserves the right to refuse the storage of any item that it reasonably considers to be inappropriate.

1.12 The Licensee must comply with any directions given by the Licensor in relation to the day to day use of the Access Areas.

1.13 The Licensee must not bring into the Storage Area or Access Areas any petrol, oil or other flammable or dangerous substance, or allow such a substance to remain there.

1.14 If the Licensee requires access to the Storage Area between 6pm and 6am on any day, it must give the Licensor 24-hours notice of this requirement and reimburse the Licensor for any additional costs the Licensor reasonably incurs in relation to providing that access.

1.15 The Licensee must not do anything, or allow anything to be done, which might lead to an increase in the cost of insurance in respect of the Land or to the refusal or reduction of a claim under that insurance, or to the cancellation or non-renewal of that insurance.

1.16 The Licensee must not do anything, or allow anything to be done, which might interfere with the enjoyment by others of the use of the Access Areas. This includes each of the following: (a) Causing an obstruction to the entrance to, or

exit from, the Access Areas. (b) Causing a nuisance, obstruction, annoyance or

inconvenience to anyone using the Access Areas.

1.17 The Licensee must comply with any Law or other requirement that affects this Licence.

1.18 The Licensor is entitled at any time to carry out work of any kind to the Land, even if it adversely affects the Licensee’s use of the Storage Area. While that work is being carried out, the Licensor is not required to provide alternative storage to the Licensee. However, the Licensor must refund the proportionate part of the Monthly Licence Fee for the period during which the Licensee is unable to use the Storage Area as a result of the work.

1.19 The Licensor is not responsible in any way for any

loss, injury or damage within the Storage Area or the Access Area or in connection with them that is suffered by the Licensee, or by anyone visiting the Storage Area. This includes loss of, or damage to, property left in the Storage Area.

1.20 The Licensee will be solely liable for and must continually indemnify the Licensor against any claim or proceeding that is made or commenced by any person against the Licensor and all liabilities, losses, damages, costs and expenses of the Licensor in respect of: (a) any injury to or death of any person (whether

under statute or at common law);

Schedule B - Storage Area Licence

Special Terms and Conditions of Use


Page 18 of 18

(b) any damage to or loss or destruction of any property; or

(c) pure economic loss, arising out of or in any way connected with anything done or not done in respect of the Storage Area or the Access Area or anything in them. This indemnity is to apply irrespective of any act, omission, neglect, default or breach of statutory duty on the part of the Licensor.

1.21 The Licensee must arrange and maintain public liability insurance on usual terms with a reputable insurer. The policy of public liability insurance must: (a) Be for at least $10 million, or a higher amount

the Licensor reasonably requires from time to time;

(b) Include the Licensor as a co-insured; (c) Cover any injury to persons or damage to

property within the Storage Area or the Access Area caused or contributed to by any act, omission, neglect, default or breach of statutory duty of or by the Licensee or the Licensor;

(d) Cover the contractually assumed liability of the Licensee pursuant to the indemnity in clause 19;

(e) Provide a waiver by the insurer(s) of all express or implied rights of subrogation against the Licensor;

(f) Include cover against malicious acts by third parties.

1.22 The insurance must commence from the beginning of the Licence. The Licensee must maintain it for the period of the Licence.

1.23 The Licensee must give the Licensor a copy of any policy, certificate of currency or receipt the Licensor asks for in relation to insurance the Licensee is required to arrange and maintain.

1.24 If the Storage Area is damaged by fire, flood or in some other way that it is unfit for use, either party may end this Licence by giving the other party notice in writing. The notice must be given within 30 days after the Storage Area become unfit. However, the Licensee is not entitled to end this Licence if the Licensor is unable to recover from its insurer because of something the Licensee, or someone the Licensee is responsible for, did or failed to do.

1.25 The Licensor may end this Licence if the Licensee fails to pay a Monthly Licence Fee on time. The Licensor may also end this Licence if a breach by the Licensee continues for more than 14 days after

the Licensor gives the Licensee written notice of it. The Licensor will not have to refund any money. The ending of the Licence will not affect accrued rights.

1.26 When this Licence ends or is ended, the Licensee must remove all property in the Storage Area.

1.27 The Licensor may treat as the Licensor’s own any property the Licensee leaves behind in the Storage Area or in the Access Areas when this Licence ends or is ended.

1.28 The Licensee must not attempt to assign or dispose of any rights it has under this Licence without the Licensor’s written consent. The provisions of sections 80 and 82 of the Property Law Act 1969 do not apply to this Licence.

1.29 The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Licence, does not amount to a waiver of that party’s right to do it, even if it becomes a practice. A waiver by a party is only effective if it is in writing. A written waiver by a party is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

1.30 The Licensee must make sure that the Licensee’s officers, employees, agents, visitors, invitees, representatives and contractors do not do or fail to do anything in the Storage Area or the Access Areas that, if the Licensee did it or failed to do it, would be a breach of this Licence.

1.31 If the Licensee is more than one person, each of them is liable individually under this Licence and each of them is also liable jointly with any one or more of the others.

1.32 Except where express provision is made to the contrary, the consideration payable by the Licensee is exclusive of GST and represents the value of the taxable supply for which payment is to be made. If the Licensor is liable by law for GST on the Monthly Licence Fee, the Licensee must pay to the Licensor the amount of the GST. The Licensee must pay the amount at the same time and in the same manner as the Licensee is required to pay the Monthly Licence Fee in respect of which the GST relates. The Licensor must issue tax invoices to the Licensee in respect of the Monthly Licence Fee as and when required by the GST Act.