Exhibit 4.36
 
   Fund Trustee
 NSW Government
 JHINV
 Guarantee Trustee
 Mallesons Stephen Jaques




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Amending Deed  Intercreditor Deed
 Details
    
    
    1General terms
    
    
    21 Interpretation
    
    
    22 Confirmations and acknowledgement
    
    
    22.1 Confirmation in relation to definition of JHINV
    
    
    22.2 Confirmation
    
    
    22.3 Conflict
    
    
    22.4 Consideration
    
    
    33 Amendments
    
    
    34 Costs
    
    
    35 General
    
    
    36 Counterparts
    
    
    37 Governing law
    
    
    38 Guarantee Trustee limitation of liability
    
    
    3Schedule 1  Irish Registration Date Amendments
    
    
    4Signing page
    
    
    6
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Amending Deed  Intercreditor Deed
  Parties
    
    Fund Trustee, NSW Government, JHINVand the Guarantee TrusteeFund Trustee
    
    Name
    
    Asbestos Injuries Compensation Fund Limited
a company limited by guarantee incorporated
under the laws of the State of New South Wales,
Australia, in its capacity as trustee of the
Charitable Fund established under the Amended
and Restated Trust Deed dated 14 December 2006
between it as trustee and JHINVACN
    
    117 363 461Address
    
    Level 7, 233 Castlereagh Street, Sydney NSW
2000NSW
Government
    
    Name
    
    The State of New South WalesAddress
    
    c/- Department of Premier and Cabinet,
Level 39, Governor Macquarie Tower, 1 Farrer
Place, Sydney, NSW, 2000JHINV
    
    Name
    
    James Hardie Industries N.V.a limited
liability company incorporated in The
NetherlandsARBN
    
    097 829 895Address
    
    Atrium, 8th floor,
Strawinskylaan 3077, 1077ZX Amsterdam, The
Netherlands (with its Australian registered
office at Level 3, 22 Pitt Street, Sydney in the
State of New South Wales)Guarantee
Trustee
    
    Name
    
    AET Structured Finance Services Pty Ltdin
its capacity as trustee for the Financiers under
the Guarantee TrustABN
    
    12 106 424 088Address
    
    Level 22, 207 Kent Street, Sydney, NSW, 2000Recitals
    
    The Fund Trustee, NSW Government, JHINV and the Guarantee Trustee
are parties to the Intercreditor Deed and wish to amend the Intercreditor
Deed on the terms set out in this deed.Date of Amending Deed
    
    June 2009
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Amending Deed  Intercreditor Deed
  1
    
    InterpretationThese meanings apply unless the contrary intention appears:Intercreditor Deedmeans the document entitled Intercreditor Deed dated 19 December 2006
between the NSW Government, JHINV, the Fund Trustee and the Guarantee Trustee.Irish Registration Datemeans the date on which JHISE is registered by the Registrar of
Companies of Ireland as having its registered office in Ireland.JHISEmeans JHINV once it has converted from its present corporate form as a Dutch NV
(Naamloze Vernootschap) into an SE (Societas Europaea).SE Transformation Datemeans the date on which JHINV is registered as a Societas
Europaea on the Dutch Trade Register pursuant to European Union Council Regulation
2157/2001.2
    
    Confirmations and acknowledgement2.1
    
    Confirmation in relation to definition of JHINVEach party confirms that the definition of JHINV for the purposes of the Intercreditor
Deed is a reference to:
 (a)
    
    with effect on and from the SE Transformation Date up to the Irish
Registration Date, JHISE with its corporate seat in the Netherlands; and(b)
    
    with effect on and from the Irish Registration Date, JHISE with its
corporate seat in the Republic of Ireland.
 2.2
    
    ConfirmationEach party confirms that, other than as provided for in clause 3 (Amendments):
 (a)
    
    it is bound by and will continue to be bound by the Intercreditor Deed; and(b)
    
    the Intercreditor Deed remains in full force and effect and enforceable
against it,
 up to, including and after each of the SE Transformation Date and the Irish Registration
Date.
 2.3
    
    ConflictIf there is a conflict between the Intercreditor Deed and this deed, the terms of this
deed prevail.
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2.4
    
    ConsiderationThis deed is entered into in consideration of the parties exchange of promises under this
deed and the receipt of valuable consideration which is hereby acknowledged.3
    
    AmendmentsAs from the Irish Registration Date, the Intercreditor Deed is amended as set out in
schedule 1.4
    
    CostsEach party shall be responsible for its own costs, charges and expenses in connection
with the preparation, negotiation and execution of this deed.5
    
    GeneralClause 11 (Notices) of the Intercreditor Deed applies to this deed as if it was
fully set out in this deed.6
    
    CounterpartsThis deed may consist of a number of copies each signed by one or more parties to the
deed. If so, the signed copies are treated as making up the one document.7
    
    Governing lawThis deed is governed by the law in force in New South Wales. Each party submits to
the non-exclusive jurisdiction of the courts of that place and waives any right to claim
that those courts are an inconvenient forum.8
    
    Guarantee Trustee limitation of liabilityClause 15 (Guarantee Trustee limitation of liability) of the Intercreditor Deed
applies to this deed as if fully set out in this deed.
 EXECUTED
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Amending Deed  Intercreditor Deed
   
    
    Clause 3.4 (Status and ranking of the Compensation Debt) is amended by:
 -
    
    deleting the words (concurrente vordering) in paragraph (a); and-
    
    deleting paragraph (c) and replacing it with [intentionally blank].
 
    
    Schedule 1 (Financier Nomination Letter) is amended by:
 -
    
    deleting the words (concurrente vordering) in paragraph (a); and-
    
    deleting paragraph (c) and replacing it with [intentionally blank].
 
    
    The definition of Business Day in clause 1 of Attachment A is amended by deleting the words
Amsterdam, The Netherlands and replacing them with Dublin, the Republic of Ireland.
    
    Deleting the definition of Insolvency Official in clause 1 of attachment A and replacing it with
the following:
 Insolvency Official means a custodian, receiver and manager, trustee,
liquidator, provisional liquidator, administrator, examiner or any other officer
appointed in connection with the Insolvency of JHINV and includes, without
limitation:
 (a)
    
    a receiver, an examiner and a liquidator appointed under
Irish law or a trustee or debtor in possession in any proceedings under
Chapter 7 or Chapter 11 of the US Bankruptcy Code in relation to JHINV (or
another member of the JHINV Group in circumstances where the US bankruptcy
court has jurisdiction to make an order affecting the nature, timing,
quantum or ranking of creditors claims against JHINV); and(b)
    
    where the context so requires, a supervisory judge or a
court of competent jurisdiction in respect of the Insolvency of JHINV.
 
    
    The definition of Insolvent in clause 1 of Attachment A is amended by deleting paragraph
(b) and replacing it with the following paragraph:
 (b)
    
    was established under Irish law and files a petition with
any court in the Republic of Ireland in relation to its liquidation, the
bringing forward of a scheme of arrangement or the appointment of an
examiner;.
 
    
    The definition of Reconstruction Event in clause 1 of Attachment A is amended by deleting
paragraph (c) and replacing it with the following paragraph:
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(c)
    
    a filing of a petition for the appointment of an examiner
or the bringing forward of a scheme of arrangement under Irish law;.
 
    
    Deleting the definition of Trust Convention in clause 1 of Attachment A.
    
    The definition of Wind-Up Event in clause 1 of Attachment A is amended by deleting
paragraphs (d) and (e) and replacing them with the following paragraphs:
 (d)
    
    the dissolution of such Person under Irish law or the law
of any other jurisdiction;(e)
    
    [intentionally blank];.
 
    
    Clause 2(f)(ix) (Interpretation) of Attachment A is amended by deleting the words Dutch
law on the second line and replacing them with Irish law.
    
    Deleting clause 3 (Trust Convention) of Attachment A.
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Amending Deed  Intercreditor Deed
  DATED: 23 June 2009
 SIGNED, SEALED AND DELIVEREDby The
Honourable John Hatzistergos MLC
Attorney-General of New South Wales 
for THE STATE OF NEW SOUTH WALES in the
presence of:/s/ Leigh Rae Sanderson

Signature of witness Leigh Rae Sanderson

Name of witness (block letters)
    
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    /s/ John Hatzistergos

SignatureAttorney
General

Office of Signatory
 EXECUTEDby ASBESTOS INJURIES
COMPENSATION FUND LIMITEDin
accordance with section 127(1) of
the Corporations Act 2001 (Cwlth)
by authority of its directors:/s/ Joanne Marchione

Signature of director Joanne Marchione

Name of director (block letters)
    
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    /s/ Dallas Booth

Signature of director/company
secretary*

*delete whichever is not applicableDallas Booth

Name of director/company secretary*
(block letters)

*delete whichever is not applicable
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EXECUTED by
Marcin Firek and 
Sean OSullivan
as an authorised signatory for, and
SEALED AND DELIVEREDas a deed by,
JAMES HARDIE INDUSTRIES N.V.in
the presence of:/s/ T. W. Blue

Signature of witness T. W. Blue

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    /s/ Marcin Firek

By executing this deed the signatory
states that the signatory has received
no notice of revocation of the
authority under which the signatory
signs this deed
Attorney

Position
/s/ Sean OSullivan

By executing this deed the signatory
states that the signatory has received
no notice of revocation of the
authority under which the signatory
signs this deed
Attorney

Position
  /s/ Philip John Walter Joseph
    
    (signed)Philip John Walter Joseph
    
    (print name)Authorised Officer/s/ Glenn White
    
    (signed)Glenn White
    
    (print name)Authorised Officer
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