Opinion on Ministerial Notification


Appendix 1: Minister’s full response to the Estimates and Financial Operations Committee

On 10 June 2019, the Hon Alannah MacTiernan MLC replied:


(a)  No.

(b)  No.

(c)   The Harriet Point Agreement provides that the parties to, provisions of, and the terms of any transaction contemplated by the document, must be treated confidentially.

(d)  Yes.

(e)  April 2010 and August 2012.

(f)    Access to the Harriet Point Agreement is restricted to authorised personnel of the parties, their respective professional advisers, and otherwise as required by law.

(g)  BHP and Pilbara Ports Authority.

(h)  The Harriet Point agreement was entered into between BHP and the State of Western Australia to facilitate the access by third parties to the Port of Port Hedland. This access was critical to the ability of non-BHP companies to establish their iron ore trade.

The Harriet Point Agreement provides the basis for the orderly development of port infrastructure within the Port of Port Hedland, to facilitate the progressive expansion of trade volumes within the constrained area of the Inner Harbour. The Agreement provides for such development to not adversely affect BHP’s rights.

Page last updated: September 26, 2019

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