Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1994
An Act to provide for the approval and ratification of an Agreement with respect to mining and mineral processing operations at Mt Lyell and for related matters
[Royal Assent 16 December 1994]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1994 .
This Act commences on the day on which it receives the Royal Assent.
[Section 3 Amended by No. 1 of 1995, s. 4 ](1) In this Act –Agreement means the Agreement made between the Crown in right of the State of Tasmania and Copper Mines of Tasmania Pty. Ltd. and Gold Mines of Australia Limited, a copy of which is set out in Schedule 1 ;law of the State means an Act of the Parliament of the State and any subsidiary legislation made under any such Act;pilot tailings dam means the tailings dam to be constructed by CMT in the municipal area of West Coast within the area of land indicated as bounded by a heavy black line on Plan No. 3190 in the Central Plan Register;preparatory works means the following works which are preparatory to the commencement of commercial production:(a) underground development works on the leased land;(b) works on the leased land to –(i) upgrade and refurbish existing plant and equipment; or(ii) install new plant and equipment;(c) works relating to the pilot tailings dam.(2) If a word or expression used in this Act is defined in the Agreement , that word or expression has, unless the contrary intention appears in this Act, the same meaning in this Act as in the Agreement .
4. Ratification, approval and effect of Agreement
(1) The Agreement is ratified and approved.(2) The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act.
The Crown by its relevant Ministers and Agencies is authorized, empowered and required –(a) to do all things as may be necessary to implement and enforce the Agreement ; and(b) to exercise the powers, rights and discretions conferred on them respectively under the Agreement ; and(c) to discharge all obligations imposed on them under the Agreement .
6. Modification of laws of the State
The provisions of any law of the State are modified, so far as may be necessary, to give full effect to the Agreement and are, except where the contrary intention appears in the Agreement , to be construed subject to any such modification.
7. CMT Project declared to be a project of State significance
(1) Notwithstanding section 18 of the State Policies and Projects Act 1993 , the CMT Project is declared to be a project of State significance for the purposes of that Act.(2) An order is deemed to have been made under section 18 (2) of the State Policies and Projects Act 1993 declaring the CMT Project to be a project of State significance and that order is deemed to have been approved by both Houses of Parliament.(3) [Section 7 Subsection (3) amended by No. 1 of 1995, s. 5 ] Section 19 (2) of the State Policies and Projects Act 1993 does not prevent CMT from undertaking the CMT Proposal or preparatory works before an order under section 26 (6) or (8) of that Act is made.
8. Direction to be given to Sustainable Development Advisory Council
(1) Notwithstanding section 20 (2) of the State Policies and Projects Act 1993 , the written direction to the Sustainable Development Advisory Council required to be given by the Minister administering that Act in respect of the CMT Project may be given after the commencement of this Act.(2) The Minister administering the State Policies and Projects Act 1993 must not give a direction under section 20 of that Act in respect of the CMT Project which is contrary to the Agreement .(3) The Minister must cause a direction given under subsection (1) to be laid before each House of Parliament within 10 sitting days of the House after it has been given.(4) A direction given under subsection (1) is of no effect until it has been approved by both Houses of Parliament.(5) For the purposes of subsection (4) , a House of Parliament is to be taken to have approved a direction given under subsection (1) if a copy of the direction has been laid on the table of that House and –(a) it is approved by that House; or(b) at the expiration of 5 sitting days after it was laid on the table of that House, no notice has been given of a motion to disallow it or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or(c) if any notice of a motion to disallow it is given during that period of 5 sitting days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(1) CMT is not liable and no action may be taken, or claim or demand made, against it in respect of any contamination, pollutant or pollution on, above, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land during any occupation or use of that land before the date on which CMT becomes the lessee of that land.(2) Subsection (1) does not apply to any obligation imposed on CMT by The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1985 or the operation of the Agreement .(3) Nothing in subsection (1) prevents any action being taken or claim or demand being made against CMT for any negligence or wilful misconduct by it which has aggravated the effect of any contamination, pollutant or pollution referred to in subsection (1) .
10. Obligations under rehabilitation programme in Mount Lyell Agreement
(1) In this section, Mount Lyell Agreement means the agreement, a copy of which is set out in Schedule 1 to The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1985 .(2) The Company is relieved of the obligations specified in items 1 , 3 , 4 and 5 of Schedule 1 (Rehabilitation Programme) to the Mount Lyell Agreement .(3) CMT is responsible for the obligations referred to in subsection (2) .
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for State Development and Resources; and(b) the Department responsible to the Minister for State Development and Resources in relation to the administration of this Act is Tasmania Development and Resources.
SCHEDULE 1 - Agreement
