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 • AUDAX • AT • FI DELIS •


Queensland











Commonwealth Aluminium


Corporation Pty. Limited


Agreement Act 1957











Current as at 11 September 2015


 Queensland








Commonwealth Aluminium Corporation


Pty. Limited Agreement Act 1957





Contents








Page


1 Short title........................................... 3


2 Execution of agreement authorised....................... 3


3 Executed agreement to have force of law.................. 3


4 Variation of agreement ................................ 3


4A Application of GST to rents after 30 June 2005 ............. 4


4B Declaration for Commonwealth Act....................... 5


4C Authorisation of variation by further agreement ............. 5


4D Authorisation of variation by further agreement ............. 5


4E Authorisation of variation by further agreement ............. 5


5 Regulation making power .............................. 5


Schedule 1 The agreement...................................... 6


Schedule 2 Proposed further agreement .......................... 80


Schedule3 Proposed further agreement .......................... 84


Schedule 4 Proposed further agreement .......................... 88


Schedule5 Proposed further agreement .......................... 100


 Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957


[si]





Commonwealth Aluminium Corporation Pty.


Limited Agreement Act 1957











An Act with respect to an agreement between the State of


Queensland and Commonwealth Aluminium Corporation Pty.


Limited; and for purposes incidental thereto and consequent


thereon











1 Short title


This Act may be cited as the Commonwealth Aluminium


Corporation Pty. Limited Agreement Act 1957.


2 Execution of agreement authorised


The Premier and Chief Secretary is hereby authorised to


make, for and on behalf of the State, with Commonwealth


Aluminium Corporation Pty. Limited, a company duly


incorporated in the said State and having its registered office


at 240 Queen Street, Brisbane, in the said State, the agreement


a copy of which is set out in schedule 1 (the agreement).


Note---


Since the making of the agreement, Commonwealth Aluminium


Corporation Pty. Limited has changed its name to Rio Tinto Aluminium


Limited.





3 Executed agreement to have force of law


Upon the making of the agreement the provisions thereof shall


have the force of law as though the agreement were an


enactment of this Act.








4 Variation of agreement


(1) The agreement may be varied only---


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[s 4A]





(a) by further agreement between the State and the other


parties to the agreement; and


(b) under the authority of an Act.


(2) A variation of the agreement purported to be made other than


under subsection (1) is of no effect.


(3) The Minister must notify the date of the making of each


further agreement by gazette notice.


(4) The agreement as varied has the force of law as if it were an


enactment of this Act.





4A Application of GST to rents after 30 June 2005


(1) This section applies to rent payable after 30 June 2005


under---


(a) this Act; or


(b) the agreement; or


(c) a lease granted under, or mentioned in, the agreement.


(2) If the rent is for a supply for which GST is payable, the rent


payable is the total of---


(a) the rent that would have been payable if the rent were


not for a supply for which GST is payable; and


(b) 10% of the rent that would have been payable if the rent


were not for a supply for which GST is payable.


(3) Subsection (2) applies despite---


(a) sections 2 to 4; or


(b) the agreement; or


(c) the Mineral Resources Act 1989.


(4) A reference in this section to the agreement includes any


amendment of the agreement.

















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[s 4B]





4B Declaration for Commonwealth Act


A special bauxite mining lease is declared not to be personal


property under the Personal Property Securities Act 2009


(Cwlth).


4C Authorisation of variation by further agreement


The agreement may be varied by further agreements


corresponding to the proposed further agreements set out in


schedules 2 and 3.


4D Authorisation of variation by further agreement


The agreement may be varied by further agreement


corresponding to the proposed further agreement set out in


schedule 4.





4E Authorisation of variation by further agreement


The agreement may be varied by further agreement


corresponding to the proposed further agreement set out in


schedule 5.








5 Regulation making power


The Governor in Council may make regulations under this


Act.
































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Schedule 1


Schedule 1 The agreement








section 2








Note---


Consistent with the provisions of the Act, this schedule contains only


the proposed agreement authorised to be entered into by the Act as


originally enacted. It does not purport to be either the agreement


actually entered into or that agreement as amended from time to time.








AN AGREEMENT made the day of One thousand nine hundred and


fifty- BETWEEN THE STATE OF QUEENSLAND of the one part and


COMMONWEALTH ALUMINIUM CORPORATION PTY. LIMITED a


company duly incorporated in the State of Queensland and having its


registered office at 240 Queen Street Brisbane in that State of the other


part...............................


WHEREAS Australian Mining and Smelting Company Limited is the


holder of Authorities to Prospect Numbers 28 M. and 37 M. issued


pursuant to section 23A of the Mining Acts which said Authorities to


Prospect bestow the prior rights to acquire mining leases for the purpose of


mining for minerals as therein set out in the areas therein defined in the


Cape York Peninsula and


WHEREAS Australian Mining and Smelting Company Limited is


associated with the Company in its business and operations and has


concurred in the provisions of this Agreement which concurrence is


evidenced by its execution of the consent endorsed on this Agreement and


WHEREAS a deposit of bauxite has been found to exist over a


considerable part of the surface of the areas held under the aforesaid


Authorities to Prospect and the Company desires to bring the said deposit


into production and to produce bauxite and alumina and if later found


practicable aluminium therefrom and


WHEREAS for such purpose it is necessary to construct works for the


recovery and treatment of the minerals designated herein and


WHEREAS the Company is prepared to provide and expend the large





capital amount required for these and associated purposes and





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WHEREAS the State is satisfied that a very large capital expenditure is


necessary to ensure that the bauxite deposits are efficiently and


economically developed for a lengthy period and that it is in the interests of


the State that such bauxite deposits should be developed by large-scale


operations and that the Company is technically and financially capable of


so developing these deposits and


WHEREAS it is therefore desirable that in consideration of the


Company entering into the obligations on its part hereinafter set out the


Company should be granted the titles rights and privileges hereinafter


mentioned








NOW THEREFORE IT IS HEREBY AGREED AS


FOLLOWS:---








1. In this Agreement unless the context otherwise requires the


general terms following shall have the meanings respectively


assigned to them:---


“the Act” means the Act of Parliament of the State referred to


in clause 2 hereof;





“Associated Company” means and includes Australian


Mining and Smelting Company Limited any subsidiary


company of the Company and any company associated


directly or indirectly with the Company in its business or


operations;


“bauxite field” means the western and (as and when


designated) the eastern bauxite field;


“Coal Mining Acts” means “The Coal Mining Acts, 1925 to


1952” and any other Act or Acts relating to coal mining;


“the Company” means Commonwealth Aluminium





Corporation Pty. Limited its successors and permitted assigns;


“designated minerals” means bauxite and other ores of


aluminium, the ores of calcium and of fluorine and coal,


together with any other mineral found in combination or


association with any of the aforementioned minerals, and also


any mineral which the Minister may at any time by


declaration published in the Government Gazette declare to be





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a designated mineral for the purposes of this Agreement or of


any lease license or other right granted hereunder;


“eastern bauxite field” means such land (if any) as the


Company may select pursuant to clause 9 hereof;


“financial year” means the period from and including the


first day of July in one year to and including the thirtieth day


of June in the year next following;


“the Harbour” means any harbour within or adjacent to the


bauxite field constructed pursuant to the provisions of this


Agreement;


“the Harbour Board” means the Harbour Board constituted


for the Harbour pursuant to clause 37 hereof;


“harbour works” means harbour works as that term is


defined in section 8 of “The Harbours Acts, 1955 to 1956”;


“initial expiry date” means the date of expiry of the initial


term of the special bauxite mining lease of the western bauxite


field granted pursuant to clause 8 hereof;


“Land Acts” means “The Land Acts, 1910 to 1957”;





“Local Government Acts” means “77i

Acts, 1936 to 1957” and any other Act or Acts relating to local


government;


“Mining Acts” means “The Mining Acts, 1898 to 1955” and





any other Act or Acts relating to mining;


“the Minister” means the Minister for Development, Mines


and Main Roads or other Minister of the Crown for the time


being charged with the administration of the Act;





“person” means and includes any person firm authority or


body whether incorporated or not;


“Special Bauxite Mining Lease” means a lease of land


granted pursuant to the provisions of this Agreement for the


purposes set out in clause 10 hereof;


“Special Perpetual Mining Purposes Lease” means a lease


of land granted pursuant to the provisions of this Agreement


for the purposes set out in clause 27 hereof;





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Schedule 1








“the State” means the State of Queensland;


“the Town” means the land within the bauxite field excluded


by the Governor in Council by Order in Council from the


Area of any existing Local Authority and set aside by the


Company for the purpose of a town pursuant to clause 43


hereof;


“the Town Commission” means the Town Commission


constituted pursuant to clause 46 hereof;


“the Tribunal” means the Tribunal constituted pursuant to


clause 60 hereof;


“western bauxite field” means all that land particulars


whereof are set out in the First Schedule hereto.


The singular includes the plural and the plural includes the


singular.


Any reference to an Act or Acts shall include that Act or those


Acts and any Act amending or in substitution for the same.





2. The making of this Agreement is authorised by the Parliament


of the State expressed in an Act entitled “The Commonwealth


Aluminium Corporation Pty. Limited Agreement Act of 1957.”


Upon the making of this Agreement the provisions thereof


shall have the force of law as though enacted in the Act.


This Agreement shall not be liable to stamp duty under “The


Stamp Acts, 1894 to 1956.”





3. This Agreement may be varied pursuant to agreement


between the Minister and the Company with the approval of


the Governor in Council by Order in Council and no provision


of this Agreement shall be varied nor shall the powers and


rights of the Company hereunder be derogated from except in


such manner.


4.(1) Notwithstanding anything contained in Authorities to





Prospect Nos. 28 M and 37 M the Company shall make such








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arrangements with Australian Mining and Smelting Company


Limited as will enable the Company to furnish to the Minister


and shall on or before the thirtieth day of June, 1958, furnish


to the Minister comprehensive reports on all the investigations


carried out by the Company or Australian Mining and





Smelting Company Limited in respect of designated minerals


on those portions of the said Authorities to Prospect Nos. 28





M and 37 M that are to be included in the western bauxite


field. Such reports shall deal with all work done on those





portions up to and including the thirty-first day of December,


1957, and shall comprise details of investigations surveys


boring pitting and other testing so conducted and the results


thereof including in particular plans showing the locations and


depths of all borings with available details of reduced levels


and available details of the chemical composition of the


bauxite in each such boring and a determination and


description of the areas considered by the Company to contain


bauxite of economic grade with estimated tonnages thereof.








(2) The Company shall either itself or by its servants and agents


or by engaging the services of consultants or contractors:---


(a) Conduct such geological and/or geophysical


investigations surveys and/or boring pitting and other


testing on the Special Bauxite Mining Lease as it


considers necessary to determine the scale of its


operations for the mining of the designated minerals and


the capacity of the plant and other facilities to be erected


and installed within or near the area for the purpose of


treatment of such designated minerals and the


production of alumina and other products and shall


make available to the Minister details of all


investigations surveys boring pitting and other testing so


conducted and the results thereof including in particular


plans showing the location and depths of all borings


with available details of reduced levels and available


details of the chemical composition of the bauxite in


each such boring and a determination and description of


the areas considered by the Company to contain bauxite


of economic grade with estimated tonnages thereof.








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Such details and plans shall be furnished by the


Company to the Minister progressively at intervals each


not exceeding five years commencing from the date of


this Agreement. Such details and plans shall be


submitted in the form of a report or reports on specific


contiguous areas so that the information relating to each


area examined is submitted separately;


(b) Make such investigations and surveys as are necessary


to locate the site or sites for ports airfields townships


plant and other facilities required for or in connection


with the mining of the designated minerals and the


production of alumina and other products;


(c) Within fifteen years of the date of this Agreement make


such investigations as may be necessary to ascertain the


economic possibility of constructing and operating


within the Special Bauxite Mining Lease or elsewhere in


the State a large-scale enterprise for the conversion of


alumina into aluminium and shall furnish to the Minister


the results of all such investigations (including all


supporting particulars) to assist the Minister to


determine whether such large-scale enterprise is or is


not economically possible.


In making any such determination the Minister shall not be


limited to all or any information furnished by the Company.


After the expiration of the said period of fifteen years the





Company shall if required by the Minister from time to time at


intervals of not less than five years from the first of such


investigations and thereafter of not less than ten years from


the preceding investigation make further investigations and


furnish to him results as aforesaid:


Provided that the obligations of the Company under this





paragraph shall cease if and when the Company shall either


commence the construction of a large-scale enterprise or


surrender the area or areas of land as specified in clause 16


hereof.


(d) Undertake a study of the water resources of the Wenlock


River (and also if the Company considers necessary of


the Watson River) with a view to determining:








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(i) the most practicable and economic site thereon for


locating a dam and other works for the storage and


diversion of the water which the Company will


desire to draw therefrom; and


(ii) an estimate of the quantity of water which will be


continuously available therefrom; and


(iii) the most practicable and economic route and method for


conveying water from such site to the western bauxite


field and the site or sites upon which it may be necessary


to locate pumping stations outside the western bauxite


field for the purpose of so conveying such water;


and make available to the Minister the results of that study;


and


(e) Make such investigations and surveys as it may consider


necessary for determining the areas within the bauxite


field required for residential agricultural and pastoral


purposes to service the mining, treatment and other


operations of the Company.





5. Save as is herein otherwise provided until such time as it





commences mining operations for any of the designated


minerals the Company shall in respect of each period of six


calendar months commencing with the period beginning on


the first day of January, 1958, provide the Minister with


particulars of its geological and geophysical investigations in


relation to designated minerals on the bauxite field in


accordance with existing practice and upon the surrender by


the Company to the State of any area comprised in the bauxite


field other than an area on which the Company has completed


its mining operations for designated minerals the Company


shall provide the Minister with the results of any such


investigations made on the said area and also with a print of


each aerial photograph of the said area taken by or for the


Company in the course of such investigations.





6. Save as is otherwise hereinafter in this clause provided


information and reports furnished by the Company to the








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Minister in pursuance of the provisions of clauses 4 and 5 of


this Agreement, shall, unless otherwise agreed by the


Company, be treated as confidential by the Minister and his


officers; information and reports supplied in respect of areas


that have been surrendered under the provisions of this


Agreement may be used as the Minister, in his sole discretion,


sees fit.





7. (a) As soon as it considers it practicable to do so after


completion of the investigations and surveys referred to


in clause 4 hereof, the Company shall proceed to


establish within the State and whether within the bauxite


field or elsewhere a plant for the production of alumina


in commercial quantities.


(b) If it decides to establish the said plant elsewhere within


the State than within the bauxite field the Company shall


inform the Minister its reasons for that decision.





8. (a) Subject to Australian Mining and Smelting Company





Limited agreeing to the alteration of the said Authorities


to Prospect Numbers 28 M and 37 M by excluding such


lands as may be necessary for such purpose the State


shall forthwith grant to the Company a Special Bauxite


Mining Lease for the western bauxite field for an initial


term of eighty-four (84) years commencing on the first


day of January, 1958.


(b) Upon the alteration of the said Authorities to Prospect as


aforesaid a further Authority or Authorities to Prospect


shall forthwith be granted to Australian Mining and


Smelting Company Limited in respect of such lands for


minerals other than designated minerals for the


remainder of the respective terms of the said Authorities


to Prospect Numbers 28 M and 37 M.


9. (a) At any time within three years from the passing of the





Act the Company may by notice in writing to the


Minister designate an area or areas of land (totalling not





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more than 500 square miles) comprising a part or parts


of the land described in the Second Schedule hereto as


the eastern bauxite field.


(b) Upon such designation of the eastern bauxite field the


State shall forthwith grant to the Company a Special


Bauxite Mining Lease thereof.





10. The purposes for which Special Bauxite Mining Leases shall


be granted shall be---


(a) for mining for all or any of the designated minerals and


for all purposes necessary directly or indirectly


effectually to carry on mining and treatment operations


therein or thereon;


(b) for erecting thereon any houses buildings plant and


machinery for use directly or indirectly in connection


with such mining or treatment operations;


(c) for cutting and constructing thereon dams, weirs,


reservoirs, wells, waterchannels, aqueducts and pipe


lines, for pumping or raising water and for all other


purposes relating to the obtaining storing or conveying


of water;


(d) for constructing or erecting any roads, harbour works,


works for the recovery of salt from sea water or other


works whatsoever;


(e) for any other purposes (whether manufacturing or


otherwise) incidental to or necessary or desirable for the


more effectual carrying out of all or any of the


provisions or purposes of this Agreement including but


without limiting the generality of the foregoing the


production and distribution of any form of lighting


heating or power; and


(f) for residence thereon in connection with any of such


purposes.





11. (a) Every Special Bauxite Mining Lease shall be in the





form and contain the conditions set out in the Third








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Schedule hereto with such modifications thereof as may


be necessary to meet the circumstances of any particular


case.


(b) The initial term of every Special Bauxite Mining Lease


shall (except as otherwise provided herein) commence


on the date of the grant thereof and shall expire on the


initial expiry date.


(c) As from the date on which it becomes entitled to the





grant of any Special Bauxite Mining Lease and pending


the issue of that lease the Company shall be entitled to


occupy the area to be comprised therein and to exercise


all the rights and powers to be granted thereby.


(d) The area comprised in the bauxite field or in a Special


Bauxite Mining Lease shall not be proclaimed to be nor


included within a Mineral Field within the meaning of


the Mining Acts, and for the purposes of section 24 of


the Local Government Acts such a lease shall be


deemed to be one of the tenures set out in subsection (3)


thereof.


(e) A Special Bauxite Mining Lease may be transferred


mortgaged or otherwise dealt with in the same manner


as a mining lease of Crown Land granted under the


Mining Acts.








12. At any time within the last two years of the term of a Special


Bauxite Mining Lease the Company may apply for and


subject to there then being no existing breach or


non-observance of any of the provisions of the Special


Bauxite Mining Lease the State shall thereupon grant a


renewal of the said Lease for a period of twenty-one years


from the date of expiry of the said term upon the same


conditions as apply during the said term except that the rent


and the rates of royalty payable thereunder shall be such as the


Governor in Council then deems equitable and the term of


such lease shall continue after the expiration of such extended


term until determined by either party giving to the other two


years’ notice in writing in that behalf which notice may if so








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desired be given at any time within two years prior to the


expiration of the extended term.








13. (a) Should the Company at any time hold more than one


Special Bauxite Mining Lease and desire to hold only


one such lease then upon the surrender by the Company


of any such leases so held by it there shall forthwith be


granted to the Company one Special Bauxite Mining


Lease comprising all the land previously comprised in


the surrendered leases.


(b) The Company from time to time shall surrender to the


Crown freed and discharged from all mortgages


encumbrances and charges such area or areas of land


comprised in the Special Bauxite Mining Lease or


Special Bauxite Mining Leases so that the total area of


land comprised in such lease or leases shall not at the


respective time stated exceed the area respectively


hereinafter provided---


At 31st December, 1967 ..........1750 square miles.





At 31st December, 1972 ..........1250 square miles.


At 31st December, 1977 and


thereafter......................1000 square miles.





(c) Upon the surrender by the Company of any area of land


in compliance with the requirements of the preceding


paragraph (b) of this clause 13 the Minister shall ensure


that the Company shall have all necessary rights of


access to from and between the area or areas retained by


the Company.





14. The Company shall pay a rent for all land held under a Special





Bauxite Mining Lease----


(i) during the period of five years commencing on the


first day of January, 1958, at the annual rate of £2


0s. Od. per square mile;











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(ii) during the period of ten years commencing on the


first day of January, 1963, at the annual rate of £4


Os. Od. per square mile; and


(iii) thereafter at such annual rate (hereinafter called the


basic rental rate) being not less than £15 Os. Od. per


square mile and not more than £20 Os. Od. per


square mile as the Governor in Council on the


recommendation of the Minister and having regard


to all the then circumstances shall from time to


time determine, provided however that the basic


rental rate for the time being shall be subject to


adjustment as from the first day of January, 1979,


and as from the commencement of each period of


twenty-one years thereafter by adding thereto or


(as the case requires) subtracting therefrom the


amount calculated in accordance with clause 23


hereof but in no case shall such annual rate be less


than £15 Os. Od. per square mile.





15. Subject to clause 58 hereof the Company in carrying out its


obligations under this Agreement or otherwise howsoever


directly or indirectly for or in connection with the purposes of


this Agreement or of any Special Bauxite Mining Lease shall


during the currency of any such lease expend whether on


capital or revenue account not less than the following total


sums:---


During the first year of the term of the Special


Bauxite Mining Lease granted under clause 8


hereof................................ £100,000


During the second and third years of such term £250,000


During the fourth and fifth years of such term. £375,000





During the sixth and seventh years of such


term.................................. £775,000


During each of the eighth, ninth and ten years


of such term........................... £750,000














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During each of the years from the eleventh to


the fifteenth years of such term, both inclusive £1,500,000


During each succeeding year of such term


thereafter.............................. £2,500,000








16. (a) If at any time after the expiration of twenty years from


the date of this Agreement the Minister shall be satisfied


that a large-scale enterprise for the conversion of


alumina into aluminium is economically possible in the


State or elsewhere in Australia or its territories and so


certifies in writing to the Company then either


(i) the Company shall commence to construct such


large-scale enterprise within a period of five years


from the date of such certification and complete


the construction thereof within a period of ten


years from the date of such certification; or





(ii) should the Company not within the said period of


five years commence such construction as


aforesaid or not satisfy the Minister that it is not


then possible to construct and operate on an


economic basis an aluminium smelter in the State


or elsewhere in Australia or its Territories the


Company shall if so required by the Minister


surrender to the Crown freed and discharged from


all mortgages encumbrances and charges an area or


areas of the land comprised in the Special Bauxite


Mining Lease or Special Bauxite Mining Leases


comprising approximately one-third of the total


area then held under Special Bauxite Mining Lease


or Special Bauxite Mining Leases.


(b) The area or areas to be surrendered in pursuance of the


provisions of the last preceding paragraph (a) shall be


defined by agreement between the Minister and the


Company (and failing such agreement shall be defined


by the Tribunal) so that


(i) such area or areas contains or contain in the


aggregate as nearly as may be one-third of the








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“proved bauxite” of economic grade within the


aforesaid total area;


(ii) the Company will retain any block of bauxite


which it is then using as a substantial source of


bauxite;


(iii) the Company will retain at least one-third of the





“proved bauxite” of economic grade in the most


convenient position in relation to its existing


works; and


(iv) at least seventy-five per centum of the surrendered


“proved bauxite” of economic grade shall be


situated in the western bauxite field.


In assessing a proportion of the “proved bauxite” of


economic grade regard will be had to the average grade


and composition of the bauxite in the area concerned


and the average grade and composition throughout the


aforesaid total area.


For the purposes of this clause the term “large-scale





enterprise” shall mean an aluminium smelter of a


designed capacity of not less than thirty thousand tons


each of 2,240 lbs. avoirdupois of aluminium per annum.





The provisions of this clause shall not operate in any


case where the Company has commenced the


construction of such a large-scale enterprise and


completes such construction within a period of ten years


from commencement.








17. The Company shall be deemed to have commenced the


construction of the works and large-scale enterprise specified


in the last preceding clause 16 hereof if the construction of an


aluminium smelter in the State or elsewhere in Australia or its


Territories is commenced by an Associated Company and the


smelter is being constructed for the purpose of treating


alumina produced by the Company.

















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18. Without the consent of the Governor in Council first had and


obtained the Company shall not remove or permit suffer or


allow to be removed any bauxite from the State other than for


the purpose of the delivery of the same to the Australian


Aluminium Production Commission (the Commission


constituted by the Aluminium Industry Act 1944-1952 of the


Commonwealth of Australia) or to its successors or assigns


for the purpose of treating such bauxite at its works at Bell


Bay in the State of Tasmania.





19. The Company in any operations for the mining of the


designated minerals undertaken by it, which involve the


removal of the surface, shall operate in accordance with good


mining practice and shall, subsequent to such mining, take all


steps necessary to restore and leave the surface of the mined


areas (other than such parts as are required for use in storage


of tailings, sludge and like substances) in a condition


satisfactory to the Minister so that---


(a) there shall be no abnormal batters or contours;





(b) the surface soil existing prior to such mining is


preserved and subsequently spread to maximum


advantage over such mined areas;


(c) there shall be a minimum of interference with the


natural drainage system except and unless where it is


found expedient to use any mined area for the storage of


water;


(d) the provisions of paragraphs (a), (b) and (c) hereof are


carried out progressively and in respect of mined parts


not exceeding one square mile in area within two years


of the cessation of mining on each mined part in order to


allow of regeneration of vegetation;


(e) there shall not arise any pollution of any drainage





system which is dangerous or injurious to public health.


The Company shall take competent advice as to what steps are


possible to encourage and promote regeneration of vegetation


and shall proceed to progressively promote such regeneration


to the satisfaction of the Minister.





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If the Company shall not be satisfied with any decision of the


Minister made in pursuance of the provisions of this clause


such matter shall be referred to the Tribunal in manner


hereinafter provided.


“The Mines Regulation Acts, 1910 to 1945” or any future


amendments or modifications thereof shall extend and apply


to all mines (as defined in those acts) for designated minerals


or for any solid fuel mineral other than coal on the special


bauxite mining leases and the company shall perform and


observe all and every the provisions of the said acts or any


future amendments or modifications thereof in and about all


such mines, any place where alumina is produced from


bauxite or aluminium is produced from alumina shall be a


mine.








20. The Company shall have the exclusive right to win and use


shell, shell-grit coral and other calcium bearing materials (in


such quantities as may reasonably be required by the


Company for its purposes) from such parts of the sea and


estuaries in or adjacent to the bauxite field as from time to


time shall be specified by the Governor in Council.








21. The Company shall also have the sole right, during the first


ten years of the Special Bauxite Mining Lease, granted under


clause 8 hereof, to prospect for coal and other solid fuel


minerals and to be granted Coal Mining Leases under the Coal


Mining Acts, or other appropriate titles provided by any


Statute within the area of any Special Bauxite Mining Lease


and in addition within the area which is more particularly


described in the Fourth Schedule hereto. In the event of any


Coal Mining Lease or other appropriate title for any other


solid fuel mineral being granted, the term thereof may be up





to 84 years but so that the expiry date of the term shall not


extend beyond the expiry date of the Special Bauxite Mining


Lease, and notwithstanding any prescribed limitation of area,


the area may be such, in each case, as the Minister approves,


but all the other provisions of the Coal Mining Acts, or such


other Statute, as the case may be, shall apply. When any Coal


Mining Lease or other appropriate title is granted to the








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Company pursuant hereto, the Company shall be entitled,


without any authority, permit, order or consent other than is


provided by the appropriate Statute under which such Coal


Mining Lease or other title is granted, to open and operate any


mine for coal or other solid fuel mineral for the purposes only


of producing coal or other solid fuel mineral for use in its own


undertaking.


If at any time during the aforesaid ten years the Company


desires to abandon its rights under this clause within the area


of the Special Bauxite Mining Lease or within the area


described in the Fourth Schedule hereto, the Company may


formally renounce its rights in writing addressed to the


Minister and therefrom such rights shall cease.


Upon the completion of any prospecting undertaken by the


Company in pursuance of this clause, but in any case not more


than six months after the expiration of the said ten years, the


Company shall furnish to the Minister, for permanent record,


a comprehensive report detailing the nature and location of the


work undertaken, complete results and plans of all work


carried out and the conclusions reached.


In the event of the Company being granted a Coal Mining





Lease or other appropriate title to any part of the land


prospected for coal or other solid fuel minerals, the report


mentioned in the preceding paragraph shall be in two sections,


the first section to cover the areas granted, which shall be





retained by the Minister for his confidential information only


and not for release, and the second section, which shall in the


Minister’s discretion be available for public information upon


the expiration of the said ten years or upon renouncement by


the Company of its rights.





The Coal Mining Acts shall extend to and apply to all coal


mines (as defined in those Acts) on the Special Bauxite


Mining Leases or on the other area described in the Fourth


Schedule hereto and the Company shall perform and observe


all and every the provisions of the said Acts or any future


amendments or modifications thereof in and about all such


coal mines.








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22. (a) The Company shall pay to the State as and by way of


royalty---


(i) in respect of designated minerals other than coal


sold disposed of to other persons or used by the





Company a royalty at the rates per ton and in the


manner now prescribed by regulations under the


Mining Acts in force at the date of this Agreement


in relation to mineral leases generally;





(ii) in respect of shell shell-grit coral and other calcium


bearing materials sold disposed of to other persons


or used by the Company a royalty at the rate of


three pence per ton; and


(iii) in respect of coal sold disposed of to other persons


or used by the Company a royalty at the rates per


ton and in the manner now prescribed by the Coal


Mining Acts and in force at the date of this


Agreement:


Provided however that the rates of royalty set out in


sub-paragraphs (i), (ii) and (iii) of this paragraph


(hereinafter called the basic royalty rates) shall be


subject to adjustment as from the first day of January,


1979, and as from the commencement of each period of


twenty-one years thereafter by adding thereto or (as the


case requires) subtracting therefrom the amount


calculated in accordance with clause 23 hereof.


Provided that in no case shall such rates of royalty be


reduced by such adjustment below those obtaining at the


date of this Agreement.


(b) For the purpose of ascertaining the royalties payable





under this clause no material removed from designated


minerals or the materials referred to in subparagraph (ii)


hereof by hand picking, screening, washing or similar


process shall be deemed to have been used by the


Company.





23. (a) The amount to be added or (as the case requires)


subtracted from each of the respective basic rental rates


and each of the respective basic royalty rates as required








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by clauses 14 and 22 hereof shall be an amount which in


the case of each of these respective rates bears the same


ratio to that rate as the difference bears to £255


Australian currency.


(b) For the purposes of this clause


(i) the “difference” means the difference between the


then world price of aluminium and £255 Australian


currency;


(ii) the “then world price of aluminium” shall mean the





average of the world prices of aluminium during


each of the twenty quarters immediately preceding


the date of the relevant adjustment under clause 14


or 22 as the case may be; and





(iii) the world price of aluminium during a quarter shall


unless and until otherwise agreed mean the then


Australian currency equivalent of the price per


long ton of Canadian primary aluminium of 99.5


per centum purity f.o.b. Toronto as first quoted by


the London Metal Bulletin following the


commencement of that quarter.





(c) The amount ascertained under paragraph (a) of this


clause shall be added in cases where the then world


price of aluminium per long ton exceeds £255


Australian currency and shall be subtracted in cases


where it is less than £255 Australian currency.





24. The Company shall be entitled without payment of royalty---


(a) to win from the bauxite field timber stone clay sand





gravel and other aggregate materials (whether or not


containing any designated mineral) and to use the same


for the construction erection and maintenance of plant,


buildings, roads and other works; and





(b) to draw water from the sea and estuaries in or adjacent


to the bauxite field and to win and use any salt and other


minerals contained therein and also to use such water for


cooling and other purposes.





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25. The Minister reserves the right to grant to any person other


than the Company any appropriate title within any Special


Bauxite Mining Lease for any of the purposes of the Mining


Acts, in respect of any mineral other than any of the


designated minerals, or for any purposes of ‘The Petroleum


Acts, 1923 to 1955,” but before doing so will consult the


Company.


The Minister also reserves the right, as from the expiration of


the first ten years of the term of the Special Bauxite Mining


Lease, granted under clause 8 hereof, or the time of


renouncement by the Company of its rights under clause 21,


to grant to any person other than the Company any appropriate


title within any Special Bauxite Mining Lease for any of the


purposes of the Coal Mining Acts or “The Mining for Coal


and Mineral Oil Acts, 1912 to 1941,” but before doing so shall


consult the Company.


Any such title granted in pursuance of this clause will be upon


condition that operations carried out thereunder shall not---


(i) disturb or interfere in any way with any deposits of the


designated minerals (other than coal) unless---





(a) such disturbance or interference is limited only to


displacement of any designated minerals (other


than coal) and so that the displaced mineral shall


be available to the Company; or


(b) provision is made to reasonably compensate the


Company for any designated mineral (other than


coal) which must necessarily become unavailable


to the Company;


(ii) interfere with or prejudice in any way the works or


operations of the Company;


(iii) prejudicially affect full enjoyment by the Company of


any other right or privilege conveyed to the Company by


this Agreement; or


(iv) impede or make more onerous the discharge by the


Company of any duty or obligation imposed on the


Company by this Agreement.








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Subject as aforesaid all rights of ingress and egress over any


Special Bauxite Mining Lease for the purposes of the Mining


Acts, “The Petroleum Acts, 1923 to 1955,” “The Coal Mining


Acts, 1925 to 1952” and “The Mining for Coal and Mineral


Oil Acts, 1912 to 1941” are reserved.








26. It is expressly agreed and declared that the rights of Australian


Mining and Smelting Company Limited under its


aforementioned Authorities to Prospect and any extension


thereof shall continue in force subject only to clauses 8 and 25


hereof and to the rights of the Company under this Agreement


or under any lease granted pursuant to the provisions hereof.








27. The State shall from time to time as and when required by the


Company and upon surrender by the Company of such land


from any Special Bauxite Mining Lease grant to the Company


Special Perpetual Mining Purposes Leases in the form set out


in the Fifth Schedule hereto in respect of any part or parts of


the land within the Special Bauxite Mining Lease to be used


or reasonably required for the purposes of the Town, for


agricultural or pastoral purposes in connection with the Town,


or as a site for plant, machinery or harbour or other works.


Such Special Perpetual Mining Purposes Leases may be of


any shape or area approved by the Minister but shall be


otherwise deemed to be Miners’ Homestead Perpetual Leases





under “The Miners’ Homestead Leases Acts, 1913 to 1957,”


or any Act amending or modifying those Acts, and shall be


subject in all other respects to the provisions of those Acts and


shall be dealt with accordingly except that in the case of


Special Perpetual Mining Purposes Leases issued for the


erection thereon of plant, machinery, or harbour or other


works, the rental shall be the rate per acre payable on mineral


leases granted under the Mining Acts.








28. The State shall, as and when requested by the Company, and


wherever such grant is possible, grant to the Company


mineral leases or special mineral leases under the provisions


of the Mining Acts over any land outside any Special Bauxite








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Mining Lease required by the Company for the purpose of


mining any of the designated minerals or for the purpose of


constructing and/or maintaining dams, diversion weirs,


spillways, pipe-lines, power-lines, pumping or ancillary


works whether on or in the vicinity of the Wenlock and/or


Watson Rivers or otherwise in furtherance of its operations on





any Special Bauxite Mining Lease, or otherwise for the


purposes of this Agreement.





Notwithstanding any provision of the Mining Acts to the


contrary, any such mineral lease or special mineral lease shall


be for an initial period expiring on the same date as the term


of the Special Bauxite Mining Lease, but each such mineral


lease or special mineral lease shall be subject to all other


provisions of the Mining Acts.








29. Should it be established that electric power can be produced


within any Special Bauxite Mining Lease or elsewhere within


the State of Queensland at a cost which would justify the


creation of a large-scale enterprise for the conversion of


alumina into aluminium and for other associated purposes, the


State shall, subject always to the then existing rights of other


persons and to statutory power in that direction, grant to the


Company all such leases, licenses, authorities, powers and


rights (including rights to necessary minerals and water) as


may be necessary or expedient for or conducive or ancillary to


the creation, development and operation of such an enterprise.








30. (a) All survey work and information necessary for the


purpose of properly identifying any land included in any


Special Bauxite Mining Lease or included in any other


lease granted pursuant to this Agreement, or to be


surrendered at any time from any Special Bauxite


Mining Lease or any other lease, or to be


subdivisionally transferred from any such lease at any


time, shall be carried out or provided by or at the


expense of the Company.


(b) The boundaries of the Special Bauxite Mining Leases





granted in accordance with provisions of clauses 8 and 9








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of this Agreement and when the Minister so requires the


boundaries of any Special Bauxite Mining Lease that


may be granted in accordance with clause 54 of this


Agreement and unless the Minister otherwise requires


or approves the boundaries of any area surrendered


under the provisions of this Agreement shall be


delineated by an authorised surveyor determining as


accurately as practicable the geographical co-ordinates


of permanent monuments fixed by the Company at each


angle of such boundary or as near as practicable thereto,





from which such boundaries can be described from


aerial photographs or otherwise in such a manner that





such actual boundaries can be accurately located at any


time by reference to such permanent monuments and


description. The permanent monuments or points


described from such permanent monuments which can


be accurately reinstated from such permanent


monuments shall when delineated as above mark the


actual angles of such boundary. Such permanent


monuments shall be maintained by the Company so that


they are always readily available for use and in the event


of any disturbance of them they shall be reinstated by


the Company.


(c) In the event of any dispute arising as to the actual


boundary of any Special Bauxite Mining Lease at any


point, the Company shall at its expense provide the


necessary survey information to facilitate the settlement


of the dispute.








31. (a) Subject always to the right of persons residing or


travelling in the vicinity of any natural source to take


water therefrom for their reasonable domestic and stock


requirements the Company shall have the rights as


hereinafter in this clause and the next succeeding clause


provided to obtain water from the Wenlock River and


the Watson River and their respective tributaries (which


rivers and tributaries are hereinafter together referred to


as “the named rivers”) and from sources within or in the


vicinity of the western bauxite field and the right to use,








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sell or otherwise dispose of water so obtained for any


purpose of or directly or indirectly in connection with its


operations under this Agreement or under any lease or


other right granted hereunder (including the supply of


water to the Town and the Harbour).


(b) Within three years after the passing of the Act the


Company shall notify the Minister the annual quantity


of water which it will require to obtain from each of the


named rivers the total of which in respect of both rivers


shall not exceed 40,000 acre feet; and the Company


shall thereafter have the prior right to obtain from each


of the named rivers the annual quantity so notified in


respect of that river.


(c) The Company may at any time notify the Minister a


total annual quantity of water which it desires to obtain


from the named rivers which is in excess of 40,000 acre


feet and the annual quantity which it will accordingly


desire to obtain from each of the named rivers, and the


Company shall thereafter have the right to obtain from


one or both of the named rivers such annual quantity in


addition to the annual quantity to which it is already


entitled as the Minister may then approve having regard


to the reasonable requirements of the Company


provided however that the Company shall not be


granted under this paragraph the right to obtain from


either of the named rivers an additional annual quantity


which when added to the annual quantity which the


Company is already entitled to obtain from that river


and its tributaries shall exceed four-tenths of the


estimated average annual flow of that river at the point


of diversion.


(d) The Company shall not without the approval of the





Minister draw from the named rivers on any one day a


total quantity which exceeds 60,000,000 gallons of


water.


(e) The Minister may after having given to the Company in


writing twenty-four months notice of his intention so to


do direct that the Company shall not in any year draw








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from the named river or named rivers specified in the


notice a quantity of water in excess of the total of---


(i) the quantity which it is estimated has reached the


point of diversion after having been released from


a storage dam constructed by the Company; and


(ii) eight-tenths of all other water which has reached


the point of diversion.





(f) Subject to the right of any other person carrying on


prospecting or mining operations on the western bauxite


field to take water from sources which are not at the date


when they are first regularly used by that person being


regularly used by it, the Company shall in addition to its


other rights hereunder have the right to obtain from


rivers (other than the named rivers), from streams and


from other sources within or adjacent to the western


bauxite field quantities of water not exceeding a total of


40,000 acre feet in any one year, provided however that


the Minister may at any time direct in relation to any


such river or stream that whenever the actual rate of


flow therein exceeds 20,000,000 gallons of water per


day the Company shall not draw from that river or


stream more than eight-tenths of the water flowing


therein.


(g) The Company shall have the right to sink bores and


wells in the bed of any river or stream within or in the


vicinity of the western bauxite field and to obtain water


therefrom provided that it shall not without the approval


of the Minister draw water from any one such river or


stream at a rate exceeding 10,000,000 gallons per day.


(h) For the purposes of obtaining and conveying to and


throughout the western bauxite field the water to which


it is entitled under this clause the Company shall have


the rights---


(i) to build dams, weirs and protection and other





works on the named rivers to regulate the flow


thereof:

















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Provided that the Minister may examine the design


of all such works and impose such conditions as he


may reasonably consider necessary to ensure that


no permanent damage will be caused thereby to the


channel of that river and that no unnecessary


restrictions will be imposed thereby on the future


exploitation of the water resources of that river:


Provided also the Company shall when so required


by the Minister construct such fishways as the


Minister may in any case deem necessary;


(ii) to use the beds of the named rivers to convey water


from any storage to a point of diversion; and


(iii) to construct pipe-lines, aqueducts, channels,





pumping stations and other works whether within


or outside the western bauxite field.


(i) The Company shall have the right to collect and store in


any dam constructed by it on a named river a quantity of


water sufficient after allowing for losses during storage


and during conveyance to the point of diversion to


ensure the availability at a constant daily rate of


diversion of the annual quantity which the Company is


entitled under this Agreement to obtain from that river


provided however that in order to provide for future


requirements of other persons (including the State)---


(i) in relation to any storage which has an estimated


average annual rate of inflow which exceeds


120,000 acre feet and has an estimated capacity


which exceeds 2,000 acre feet the Minister may


direct that at any time when the rate of inflow is


more than twenty cubic feet per second but less


than five hundred cubic feet per second not more


than eighty per centum of that inflow shall be


retained by the Company in storage; and


(ii) in relation to any storage other than those referred


to in subparagraph (i) of this paragraph the


Company shall install outlet works having a


capacity when the storage is full of not less than


forty cubic feet per second.








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(j) For the purposes of investigating the availability of


water and of constructing operating and maintaining any


works authorised by this Agreement the Company shall


have the right of access at all times with all necessary


men transport materials and equipment to the named


rivers and to all other rivers streams and sources from


which it is entitled to obtain water.


(k) The State shall ensure that any rights granted to any


other person and any operations conducted by the State


or by any other person within or in the vicinity of the


western bauxite field or on or in the vicinity of the


named rivers and their catchment areas shall be so


limited or controlled that the quantity of water otherwise


available to the Company is not thereby diminished.


(l) The Company shall not be under any liability to any


person by reason of the fact that any land lawfully held


by that person has been or is likely to be inundated as


the result of works, carried out by the Company in


pursuance of its rights hereunder, but the State shall as


necessary resume any such land and the provisions of


“The Public Works Land Resumption Acts, 1906 to


1955” shall apply and extend accordingly and the


Company shall reimburse to the State the compensation


(if any) payable by the State in consequence of any such


resumption.





32. (a) The Company shall have the right to sink bores and


wells and to obtain water from sub-artesian sources


within the western bauxite field. Should any other


person sink or propose to sink any sub-artesian bore or


well within or in the vicinity of the western bauxite field


which the Company considers may reduce the quantity


of water otherwise available to it from such sources


then---


(i) the area shall at the request of the Company be


declared an area in which provisions of Part VII of


“The Water Acts, 1926 to 1957” shall operate in


relation to sub-artesian wells;








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(11) licenses shall be issued to the Company for the


sub-artesian bores or wells already established by


it for the annual quantities of water which it is


estimated would be available therefrom without


interference from any other such bore or well; and


(iii) the issue of licenses to other persons and the


sinking of bores or wells by the State shall be so


controlled that the supply available from the


aquifers tapped by the Company is not reduced


below the annual amount for which the Company’s


bores are licensed.


(b) If the Company sinks a bore or well and a flowing


supply is obtained, the bore immediately becomes an


artesian bore, and as such requires a license under “The


Water Acts, 1926 to 1957.”


Licenses will be issued to the Company for up to twelve


(12) artesian bores and such licenses will contain


conditions requiring that an outer string of casing of


specified length be inserted and pressure cemented, and


the flow controlled by a valve.





Conditions of the license may also require the flow be


reticulated from the bore by a closed pipeline


reticulation.


The number of artesian bores for which licenses may be


issued to the Company may, at any time, be reviewed to


allow an increase in such number if, in the opinion of


the Minister, such increase is warranted by reason of the


Company’s requirements of water and the availability of


supply from the artesian sources.


The issue of licenses for artesian bores to other persons


and the sinking of artesian bores by the State shall be so


controlled that the supply available from the aquifers


tapped by the Company is not reduced below the


quantity which the Company is obtaining from its


licensed bores.

















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33. (a) The Company shall in respect of each calendar year


provide the Minister with the following particulars of its


use of water and of bores or wells sunk by it:---


(i) the quantity of water obtained each month from





each named river and from other sources; and


(ii) the location depth and stratigraphic details of each


of the bores and wells sunk within the western


bauxite field, the results of any test conducted by it


of the yield of water therefrom and the quantity of


water obtained therefrom each half year.


(b) If the Company shall neglect or refuse to perform or


observe all or any of the provisions of clauses 31, 32 and


33 hereof and on the part of the Company to be


performed or observed the Company shall be liable to a


penalty not exceeding £200 for each or any such breach


as imposed by the Minister or on reference to the


Tribunal in manner hereinafter provided the Tribunal.


(c) For the purposes of clauses 31, 32 and 33 the term


“Minister” shall mean the Minister for Lands and


Irrigation or other Minister of the Crown for the time


being administering “The Water Acts, 1926 to 1957.”


34. Any surplus or waste water discharged by the Company into





any river stream or watercourse within the western bauxite


field shall revert to the State without payment to the


Company.








35. Upon and after the commencement of mining operations on


the eastern bauxite field the Company shall in relation to that


field and to sources within or in the vicinity thereof have


rights relating to water in all respects corresponding to those


granted to it hereunder in relation to the western bauxite field


and to sources within or in the vicinity thereof, provided


however that nothing in this clause shall entitle the Company


to any rights relating to water from the named rivers other


than such as are granted by the preceding clauses hereof.








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36. The Company shall have the right to discharge into the sea


rivers streams and estuaries in or adjacent to the bauxite field


any drainage from the plant works and facilities of the


Company and from any residential area and the Company


shall ensure that any such discharge by it shall not be





dangerous or injurious to public health. Any such discharge


shall not (unless specifically authorised by the Minister for a





particular purpose) be substantially injurious to marine life


shall not cause harmful pollution of waters and shall not


contain harmful solids. The Minister may from time to time





direct the Company to make known to such persons as shall


be specified by him and the Company shall so make known


the nature of the effluent discharged or to be discharged.





37. (a) The Company shall have the right to survey and


construct a harbour within and adjacent to the bauxite


field and to construct, manage, operate, maintain, use


and regulate the use of harbour works and to use and


occupy such part of the bauxite field or of the foreshore


or of any tidal land or tidal water as may be necessary





for the construction, management, operation,


maintenance and use of those harbour works without the


necessity for any Order in Council under section 137 of





“The Harbours Acts, 1955 to 1956.”


(b) Until such time as a Harbour Board is constituted for the


Harbour in the manner hereinafter provided, any works


constructed by the Company under the authority of this


clause shall be available for public use on such terms


and conditions as may be authorised by the Governor in


Council. Her Majesty’s ships provided they do not carry


passengers and/or goods for hire and goods the property


of the Commonwealth or the State shall be exempt from


all charges saving in appropriate cases any charges for


mooring berthing wharfage dock slip or other


accommodation actually provided and for services


rendered by the Company its officers or employees.


(c) The Governor in Council may authorise The





Corporation of the Treasurer of Queensland (the


Corporation continued by “The Harbours Acts, 1955 to





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1956”) or when reconstituted as such under those Acts


The Queensland Harbours Trust or any person to


construct in the said harbour such harbour works as the


Governor in Council may consider necessary or


desirable and which the Company (or the Harbour


Board when constituted in manner hereinafter provided)


is unable or refuses to construct. Any land required for


or in connection with the construction and operation of


any such harbour works shall be land required for public


purposes within the meaning of clause 57 hereof and the


provisions of that clause shall apply and extend


accordingly.


(d)-





(i) As and when requested in writing by the Company


or if no request shall then have been made when


deemed advisable by the Governor in Council the


Governor in Council shall by Order in Council


define the limits of the harbour and constitute a


Harbour Board which shall consist of four


members who shall be nominated and removed by


the Company from time to time at its discretion.


For all necessary purposes of the Harbours Acts


(including the appointment of a chairman) the first


appointment of members by the Company shall be


deemed to be the first election of elective


members.


(ii) The Governor in Council may by the same or


another Order in Council constitute a Harbour


Board District which shall comprise an area in the


vicinity of the harbour and the limits of which shall


be defined by that Order in Council and which


shall not for any purpose be divided into parts.





(iii) From and after a date to be fixed by the same or


another Order in Council the Harbour Board shall


consist of seven members four of whom shall be


appointed and removed by the Company from time


to time at its discretion and three of whom shall be


elected by the electors of the Harbour Board


District at the same time and in the same manner as





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is herein provided for the election of members of


the Town Commission, provided that the Governor


in Council may by Order in Council make all such


provisions in relation to the first election of


members as he deems necessary in order to give


effect to this clause.


(iv) The Chairman of the Harbour Board shall be





elected from among the members appointed by the


Company.


(v) From and after the date (if any) upon which the


Treasurer of Queensland in pursuance of the


provisions hereinafter contained guarantees to the


Company or any Associated Company the


payment by the Harbour Board to the Company or


any Associated Company of the amount of


principal and/or interest payable by the Harbour


Board for or in respect of any financial year under


any contract entered into by the Harbour Board


with the Company or any Associated Company in


pursuance of the provisions of clause 39 hereof


there shall be added to the Harbour Board an


additional member appointed and removed from


time to time by the Governor in Council;


(vi) On or after the date upon which the Governor in


Council is satisfied the use of the harbour is


substantially shared by a user or users (not being


the Company or a user or users for the purposes of


the Company) or the date (if any) upon which the


Treasurer of Queensland guarantees the payment


by the Harbour Board to the Company or any


Associated Company of all moneys (including


interest) then payable by the Harbour Board to the


Company or any Associated Company under


contracts entered into by the Harbour Board with


the Company or any Associated Company in


pursuance of the provisions of clause 39 hereof the


Governor in Council may by Order in Council


dissolve the Harbour Board as then constituted and


may if necessary by the same or another Order in








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Council fix the date on which an election of


members shall be held in accordance with the


provisions of “The Harbours Acts, 1955 to 1956.”


The Governor in Council may by Order in Council





appoint such number of persons as he shall think fit


to act as Chairman and members respectively until





the Harbour Board is constituted in accordance


with the provisions of “The Harbours Acts, 1955 to





1956.”


(e) No person shall be rendered incapable of being or


continuing as a member or as Chairman of the Harbour


Board by reason of the fact that he is a member


nominated by the Company or that he is an employee


director or shareholder of the Company or of an


Associated Company and no member of the Harbour


Board (other than a Harbour Board constituted in


pursuance of subparagraph (vi) of paragraph (d) of this


clause) shall be disqualified by any of the said reasons


from voting on any contract or other matter arising


between the Harbour Board and the Company or an


Associated Company.


(f) The constitution of the Harbour Board shall in no way





affect the ownership by the Company of the harbour


works.








38. Subject to the provisions of this Agreement the provisions of


“The Harbours Acts, 1955 to 1956” and of the regulations





thereunder shall apply to the harbour the Harbour Board


District and the Harbour Board but insofar as there shall be


any conflict between the provisions of this Agreement and of





those Acts or any other Act relating thereto, the provisions of


this Agreement shall be paramount.





39. (a) The Harbour Board may reimburse or agree to


reimburse to the Company any moneys expended or


costs incurred by it in connection with the survey


development and/or construction of the Harbour or of





any harbour works and may pay or agree to pay interest





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on those moneys at the maximum rate approved by the


Australian Loan Council as applicable to loan raisings


by Local Bodies at the date of acquisition of those


works by the Harbour Board or such other rate as shall


be mutually agreed upon between the Company and the


Harbour Board and approved by the Treasurer of


Queensland. The terms of any such agreement or


contract shall be such as shall be approved by the


Treasurer of Queensland.


(b) The Harbour Board may enter into any contract of any


nature or kind whatever with the Company or with any


Associated Company (including a contract for the





purchase or acquisition of all or any of the said harbour


works) notwithstanding that such contract may be of the


nature of a loan agreement or a contract of sale whereby


the payment by the Harbour Board for any real or


personal property is spread over a period of time or


whereby such payment may be made by way of


instalments or a contract for the carrying out of any


works whereby the payment by the Harbour Board for


the carrying out of such works is spread over a period of


time or whereby such payment may be made by way of


instalments and the Harbour Board may pay or agree to


pay interest on any moneys payable under any such


contract at the maximum rate approved by the


Australian Loan Council as applicable to loan raisings


by Local Bodies at the date of the contract or such other


rate as shall be mutually agreed upon between the


Company and the Harbour Board and approved by the


Treasurer of Queensland. The terms of any contract


specifically authorised by this paragraph (b) shall be


such as shall be approved by the Treasurer of


Queensland.


(c) The Harbour Board may enter into any contract with the





Company or with an Associated Company without first


making or inviting tenders.


(d) A copy of every contract between the Harbour Board


and the Company or an Associated Company which


involves an amount in excess of £20,000 shall be








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submitted to the Treasurer of Queensland or other the


Minister of the State for the time being administering


“The Harbours Acts, 1955 to 1956” for his information


and any such contract may be set aside by the Governor


in Council by Order in Council within one calendar


month after the copy has been so submitted to the said


Treasurer and no contract between the Harbour Board


and the Company or an Associated Company shall


otherwise be set aside or avoided provided always that


nothing in this paragraph (d) contained shall validate


any contract which would otherwise be illegal or void


and which may accordingly be set aside by a court of


competent jurisdiction.


(e) The provisions of paragraphs (a), (b), (c) and (d) of this





clause 39 shall apply and extend for such period (not


being less than forty-five years) as shall be fixed by the


Governor in Council by the Order in Council


constituting the Harbour Board or by a subsequent


Order in Council. Provided that this provision shall not


affect any contract or agreement entered into before the


expiration of such period. Provided always that upon


payment by the Harbour Board to the Company of all


moneys expended and costs incurred by the Company as


mentioned in paragraph (a) of this clause and interest


thereon as aforesaid and upon the Harbour Board


acquiring from the Company and paying for all the


Company’s harbour works (other than any wharf wharf


buildings plant or other facilities appertaining thereto of


the Company) the Governor in Council may by Order in


Council order that the provisions of paragraphs (a) (b)


(c) and (d) of this clause shall forthwith cease to operate.


(f) Any moneys payable by the Harbour Board to the


Company or any Associated Company for


reimbursement of moneys expended or costs incurred or


for the purchase or acquisition of any harbour works as


aforesaid shall be on the basis of proved cost (within the


meaning of that term as set out in clause 40 hereof)


unless a lesser amount shall be mutually agreed less the


deduction of an appropriate allowance to cover








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depreciation obsolescence or other deterioration


determined in manner provided by the said clause 40.








40. At any time after the expiration of twelve calendar months


from the date upon which the Company in the opinion of the


Governor in Council commences full operations of the


Harbour the Harbour Board shall have the right of acquiring


from the Company and if so directed by the Governor in


Council shall acquire from the Company the harbour works.





Such acquisition shall be for a cash amount equivalent to


proved cost less the deduction of an appropriate allowance to


cover depreciation obsolescence or other deterioration agreed


upon between the Treasurer of Queensland and the Company


and failing agreement determined by the Tribunal. For the


purpose of this Agreement proved cost shall be a sum


equivalent to the actual cost of the works actually acquired as


certified by the auditors of the Company and accepted by the


Auditor-General of Queensland and failing such acceptance


as determined by the Tribunal.


For the purposes of this clause 40 any wharf wharf buildings


plant and other facilities appertaining thereto of the Company


shall not be or be deemed to be harbour works.








41. (a) Subject to the Company satisfying the Governor in


Council that on the first day of July in any financial year


the Company is carrying on the operations authorised by


this Agreement the Treasurer of Queensland will on


behalf of the State guarantee to the Company or any


Associated Company the payment by the Harbour


Board to the Company or Associated Company of such


amount of principal and/or interest as shall be payable in


that financial year by the Harbour Board under or in


respect of any contract or agreement entered into by the


Harbour Board with the Company or the Associated


Company in pursuance of the provisions of clause 39


hereof.


(b) The Governor in Council without being under any





obligation so to do may if he shall think fit by Order in





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Council authorise the Treasurer of Queensland on


behalf of the State to guarantee to the Company or to


any Associated Company the payment by the Harbour


Board to the Company or to the Associated Company of


the whole or any part of the amount (and whether of


principal or interest) payable by the Harbour Board


under or in respect of any contract or agreement entered


into by the Harbour Board with the Company or the


Associated Company in pursuance of the provisions of


clause 39 hereof.


(c) For the purpose of this clause 41 the Harbour Board





shall be deemed to be a “Local Body” within the


meaning of “The Local Bodies ’ Loans Guarantee Acts,


1923 to 1957” and the amount payable under any such


contract or agreement to be money authorised to be


borrowed by the Harbour Board from the Company or


Associated Company and the provisions of those Acts


save and except as they are amended or modified by the


provisions hereof shall mutatis mutandis apply and


extend accordingly.





42. Not later than the date on which the Harbour Board is first


constituted as aforesaid, the State shall provide and maintain a


harbour master and all necessary pilot services for ships using


the harbour.








43. (a) As and when requested in writing by the Company the


Governor in Council shall by Order in Council exclude


from the Area of any existing Local Authority any area


or areas from within the bauxite field (as specified from


time to time by the Company) set aside by the Company


for any of the following purposes namely :---


(i) for its plant machinery or harbour or other works;





(ii) for a town site; and


(iii) for agricultural or pastoral purposes in connection


with any town.








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(b) The Company with every such request shall submit to


the Minister and to his satisfaction---


(i) Adequate survey information in accordance with


paragraph (a) of clause 30 hereof for the purpose of


identifying the area or areas in question; and


(ii) a general scheme for any proposed town site


including provision for roads drainage open spaces


reserves local public utilities services and


amenities.


44. (a) The Governor in Council shall by the Order in Council





made in pursuance of the provisions of clause 43 hereof


excluding from the Area of any existing Local Authority


any area or areas within the bauxite field or by another


Order in Council constitute a separate Local Authority


Area comprising the area or areas so excluded from the


existing Local Authority Area. The Governor in Council


may from time to time thereafter in a like manner


include in the said separate Local Authority Area such


other area or areas as may be excluded from the Area of


any existing Local Authority.


(b) No apportionment of the assets or liabilities of any


Local Authority shall be made by reason of the


exclusion of any area or areas from the Area of that


Local Authority pursuant to clause 43 hereof or its or


their inclusion in the said separate Local Authority


Area.


45. (a) Upon the constitution in manner aforesaid of a separate





Local Authority Area and subject to paragraph (c) of


this clause and to clause 46 hereof---


(i) The Company shall have and may exercise in


respect of the aforesaid separate Local Authority


Area all or any of the powers conferred by and


shall be subject to the duties and obligations


imposed by sections 21, 24, 26, 27 and Part XI


(sections 30 to 52 inclusive) of the Local








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Government Acts, as if it were the Local Authority


for that separate Local Authority Area and in


respect of the exercise of the said powers or any of


them shall not be under any greater liability than


would a Local Authority;


(ii) The Company shall have and may exercise the


powers conferred and shall be subject to the duties


and obligations imposed on a Local Authority by


the laws of the State (other than the Local


Government Acts) as if it were the Local Authority


for that separate Local Authority Area.


(b) The provisions of sections 19, 20, 22, 23, 25, 28 and 29


of the Local Government Acts shall not apply to or


affect the Company.


(c) The Governor in Council may from time to time by


Order in Council---


(i) prohibit the Company from exercising any of the





powers conferred by paragraph (a) of this clause;


(ii) impose any limit or restriction on the exercise by


the Company of such power;


(iii) confer upon the Company any other power


exercisable by a Local Authority under the Local


Government Acts or under any other Act with such


modifications thereof and amendments thereto


(including the performance and observance of the


duties and obligations in respect of any such


power) as are deemed necessary to meet the


particular circumstances; or


(iv) exempt the Company from compliance with any


provision of the Local Government Acts or any


other Act.








46. (a) Upon the written request of the Company or if no


request shall then have been made by the Company


when deemed advisable by the Governor in Council the


Governor in Council shall by Order in Council


constitute a Town Commission under such name as








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shall be mutually agreed between the Minister and the


Company and failing agreement as determined by the


Governor in Council for the area or areas constituting


the separate Local Authority Area.


(b) The Town Commission shall consist of seven members.


One member shall be appointed and removed by the


Governor in Council from time to time at his discretion


and shall be the Chairman. Three members shall be


nominated and removed by the Company from time to


time at its discretion. Three members shall be elected


from the Area or Areas comprising the separate Local


Authority Area as a whole in the manner provided by


the Local Government Acts for the election of


Aldermen and who shall likewise vacate office in the


manner provided for Aldermen.


(c) The first election of elected members shall be held on a


date to be fixed by the Order in Council constituting the


Town Commission which date shall be as soon as may


be practicable after the making of the said Order in


Council and subsequent elections of elected members


shall be held on the date prescribed by the Local


Government Acts for the elections of other Local


Authorities.


(d) In all respects and for all purposes the Town


Commission shall be and be deemed to be the Town


Council of the separate Local Authority Area; the


Chairman of the Town Commission shall be deemed to


be the Mayor of the separate Local Authority Area and


the members of the Town Commission shall be deemed


to be Aldermen.


(e) The Area or Areas constituting the separate Local





Authority Area shall not for any purpose be divided into


divisions.


(f) No person shall be held incapable of being or continuing


as a member of the Town Commission by reason of the


fact that he is a member nominated by the Company or


that he is an employee director or shareholder of the


Company or of any Associated Company and no








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member of the Town Commission shall be disqualified


by any of the said reasons from voting on any contract


or other matter arising between the Town Commission


and the Company or an Associated Company.





(g) The constitution of the Town Commission or the


inclusion of any area or areas in the separate Local


Authority Area shall in no way affect the ownership by


the Company of any works or undertakings


notwithstanding that such works are erected within the


area of any road or public place and the Company shall


be entitled to continue to own operate maintain and


manage such works and undertakings.


(h) Subject to the provisions of this Agreement the





provisions of the Local Government Acts and of any


other Act affecting a Local Authority shall following the


constitution of the Town Commission apply to the Area


or Areas comprised in the separate Local Authority


Area and to the Town Commission but in so far as there


shall be any conflict between the provisions of this


Agreement and the provisions of such Acts or Act the


provisions of this Agreement shall be paramount.





47. After the appointment of the Town Commission the Company





may from time to time by notice in writing to the Town


Commission in respect of any works or services owned


operated or provided by the Company or any part or parts


thereof surrender any or all of the powers functions and


authorities conferred on it by clause 45 hereof but except to


the extent that it shall have so surrendered such powers


functions and authorities the Company in respect of such


works and services part or parts shall continue to have and


exercise them to the exclusion of the Town Commission.


Particulars of any such surrender as aforesaid shall be


published in the Government Gazette and upon such


publication shall be judicially noticed.


Save as is by this clause otherwise expressly provided on and


from the constitution of the Town Commission the Company








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shall cease to have and exercise the powers functions and


authorities conferred on it by the said clause 45 hereof.








48. (a) The Town Commission may reimburse or agree to


reimburse to the Company or to an Associated


Company any moneys expended or costs incurred by it


in connection with the establishment of the Town and of


any works or services or part or parts thereof in respect


of which the Company has surrendered or agreed to





surrender to the Town Commission its powers functions


and authorities pursuant to clause 47 hereof and may


pay or agree to pay interest on those moneys at the


maximum rate approved by the Australian Loan Council


as applicable to loan raisings by Local Bodies at the date


of the acquisition of those works or services by the


Town Commission or such other rate as shall be


mutually agreed upon between the Company and the


Town Commission and approved by the Treasurer of


Queensland. The terms of any such agreement or


contract shall be such as shall be approved by the


Treasurer of Queensland.


(b) The Town Commission may enter into any contract of


any nature or kind with the Company or with an


Associated Company (including a contract for the


purchase acquisition or performance of works or


services of any description and a contract for the supply


of water or electricity) notwithstanding that such


contract may be of the nature of a loan agreement or a


contract of sale whereby the payment by the Town


Commission for any real or personal property is spread


over a period of time or whereby such payment may be





made by way of instalments or a contract for the


carrying out of any works or undertakings whereby the


payment by the Town Commission for the carrying out


of such works or undertakings is spread over a period of


time or whereby such payment may be made by way of


instalments and the Town Commission may pay or


agree to pay interest on any moneys payable under any


such contract at the maximum rate approved by the





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Australian Loan Council as applicable to loan raisings


by Local Bodies at the date of the contract or such other


rate as shall be mutually agreed upon between the


Company and the Town Commission and approved by


the Treasurer of Queensland. The terms of any contract


specifically authorised by this paragraph (b) shall be


such as shall be approved by the Treasurer of


Queensland.


(c) The Town Commission may enter into any contract with


the Company or with an Associated Company without


first making or inviting tenders.





(d) A copy of every contract between the Town


Commission and the Company or an Associated


Company which involves an amount in excess of


£20,000 shall be submitted to the Minister of Public


Works and Local Government or other the Minister of


the State for the time being administering the Local


Government Acts for his information, and any such


contract may be set aside by the Governor in Council by


Order in Council within one calendar month after the


copy has been so submitted to the Minister and no


contract between the Town Commission and the


Company or an Associated Company shall otherwise be


set aside or avoided provided always that nothing in this


paragraph (d) contained shall validate any contract


which would otherwise be illegal or void and which


may accordingly be set aside by a court of competent


jurisdiction.


(e) The provisions of paragraphs (a), (b), (c) and (d) of this


clause 48 shall apply and extend for such period (not


being less than forty-five years) as shall be fixed by the


Governor in Council by the Order in Council


constituting the Town Commission or by a subsequent


Order in Council: Provided that this provision shall not


affect any contract or agreement entered into before the


expiration of such period. Provided always that upon


payment by the Town Commission to the Company of


all moneys expended and costs incurred by the


Company as mentioned in paragraph (a) of this clause








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and interest thereon as aforesaid and upon payment by





the Town Commission to the Company of all moneys


(including interest) payable by the Town Commission to


the Company under any contract entered into by the


Town Commission with the Company in pursuance of


paragraph (b) of this clause the Governor in Council


may by Order in Council order that the provisions of


paragraphs (a) (b) (c) and (d) of this clause shall


forthwith cease to apply.


(f) Any moneys payable by the Town Commission to the


Company or any Associated Company for


reimbursement of moneys expended or costs incurred or


for the purchase or acquisition of any works as aforesaid


shall be on the basis of proved cost (within the meaning


of that term as set out in clause 40 hereof) unless a lesser


amount shall be mutually agreed less the deduction of


an appropriate allowance to cover depreciation,


obsolescence or other deterioration determined in


manner provided by the said clause 40.


(g) The provisions of clause 41 of this Agreement relating





to the Treasurer of Queensland on behalf of the State


guaranteeing to the Company or any Associated


Company in the circumstances therein stated payment


by the Harbour Board of moneys payable to the


Company or any Associated Company shall mutatis


mutandis apply and extend to moneys payable by the


Town Commission to the Company or any Associated


Company under or in respect of any contract or


agreement entered into by the Town Commission with


the Company or Associated Company in pursuance of


the provisions of this clause 48.








49. All houses and other property of the Company within the


bauxite field shall at all times be excluded from all the


provisions of “77ze Landlord and Tenant Acts, 1948 to 1957.”








50. The State shall provide and maintain medical hospital and


educational facilities for the Town on the same basis as that





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on which it normally provides such facilities for towns of


similar size, provided however that the Company shall if so


requested by the State and on terms to be agreed between the


Company and the Minister carry out such construction and


provide such equipment and facilities as the State may


reasonably require in connection therewith.








51. Should it decide to purchase a ship or ships for the purpose of


transporting in bulk any of its products or materials the


Company shall give consideration to the possibility of the


construction thereof within the State, and shall give to any


suitable ship-building yards in the State the opportunity of


tendering therefor.








52. The State shall not impose, nor permit nor authorise any of its


agencies or instrumentalities or any local or other authority to


impose discriminatory taxes rates or charges of any nature


whatsoever on or in respect of the titles, property or other


assets of the Company, the products, materials or services





used or produced by the Company, the operations of the


Company or the conduct of business incidental thereto nor


will it take or permit to be taken any other discriminatory


action which would deprive the Company of full enjoyment of


the rights granted and intended to be granted under this


Agreement.








53. The Company shall have the right at any time to arrange with


the appropriate Local Authority for the dedication of any land


within the bauxite field as a road or otherwise howsoever for


public purposes, and any land so dedicated shall be deemed to


be excluded from any lease held by the Company pursuant to


this Agreement provided however that on the request of the


Company at any time and with the approval of the Minister


any such dedication may be revoked whereupon the State


shall ensure that the rights of the Company in relation to that


land are effectually reinstated.

















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54. The Company may at any time make application for a Special


Bauxite Mining Lease of any area or areas of land elsewhere


than within the bauxite field for the purpose of mining for any


or all of the designated minerals or otherwise for the purposes


of this Agreement, and the Governor in Council may if he


thinks fit grant such a lease. The area comprised in any lease


granted pursuant to this clause shall from the date of such


grant be deemed to be part of the bauxite field for the


purposes of this Agreement.








55. The Company may with the consent in writing of the


Governor in Council first had and obtained---


(a) assign its rights and obligations hereunder in whole or in


part; and


(b) appoint an Associated Company to exercise all or any of


the powers functions and authorities referred to in


clauses 37, 45 and 50 hereof and in that event all


references to the Company in clauses 37, 39, 45 and 47


hereof as the case may be shall be deemed to be


references to the Associated Company so appointed.





56. (a) If at any time any person is unable to arrange with the





Company for access from or to the internal boundary of


a bauxite field to or from the coast such person may


make application to the Minister for permission for such


access and the Company shall at all times permit any


person thereunto authorised by the Minister to have


access over a route to be specified by the Minister from


or to the internal boundary of the bauxite field to or


from the coast provided that---


(i) such right of access shall not interfere with any of


plant, installations, buildings, facilities, works or


operations of the Company;





(ii) the enjoyment by the Company of any right or


privilege hereunder or arising herefrom shall not


be unfavourably affected thereby and the discharge


by the Company of any duty or obligation








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hereunder or arising herefrom shall not be impeded


thereby; and


(iii) no part of the land comprised in a bauxite field





which contains all or any of the designated


minerals shall be used for the purpose of such right


of access unless the person to be authorised as


aforesaid has first---


(A) entered into an agreement with the Company


to compensate it for the loss of such


designated minerals,


(B) has removed or stacked the same in a


position where they can later be readily


removed by the Company, or


(C) has entered into with the Company other





arrangements to the satisfaction of the


Company whereby the Company’s rights to


mine the designated minerals will be


effectively preserved.


(b) The Company shall until the appointment of the Town


Commission ensure that at all times all persons resident


in or visiting the Town have free and full right and


liberty to use all roads in the Town.





57. (a) The Company shall have the right at any time and from





time to time to surrender to the Crown in the right of the


State any area of land or any part thereof held by the


Company in any manner whatsoever under or in


pursuance of the provisions of this Agreement or in


pursuance of any lease license or other right which is no


longer required by the Company.


(b) The Governor in Council may from time to time require


the Company to surrender to the Crown in the right of


the State such lands from within any lease license or


right as may be held by the Company under or in


pursuance of the provisions of this Agreement as may


reasonably be required by the State for public purposes


within the meaning of such term as defined by the Land





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Acts. The Governor in Council so far as is practicable


will not require the Company to surrender to the Crown


any such land which is reasonably required by the


Company for or in connection with the mining and


treatment of bauxite the proof of which shall lie upon


the Company. The Company upon being required to so


surrender any specified land may offer to the State other


land from within any lease license or right in lieu of the


land so required to be surrendered but unless the


Governor in Council accepts the proposed surrender of


such other land the Company shall without any


unnecessary delay surrender to the Crown the land


specified by the Governor in Council.


(c) Upon any such surrender there shall be paid to the





Company by the State such sum as shall be agreed upon


between the Governor in Council and the Company and


failing such agreement as determined by the Tribunal as


the value at the time of such surrender of any


improvements upon the land surrendered. The Company


shall not be entitled to compensation for or in respect of


the land so surrendered or any designated minerals


thereon or therein.


(d) So long as this Agreement shall remain in force the


provisions of “The Public Works Land Resumption Acts,


1906 to 1955” or any Act amending the same or in


substitution therefor shall not apply to any land


comprised in any lease license or right held by the


Company under or in pursuance of the provisions of this


Agreement.








58. (a) If the Company---


(i) within such time as is specified or if no time is


specified then within such time as the Governor in


Council (or on reference to the Tribunal in manner


hereinafter provided the Tribunal) shall consider


reasonable fails neglects or refuses to arrange carry


out make or undertake any of the geological


geophysical or other investigations surveys boring








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pitting testing and/or investigations or surveys or


studies specified in clause 4 of this Agreement;


(ii) fails neglects or refuses to make available to the


Minister the reports or results of the investigations


surveys boring pitting testing or studies specified


in clause 4 of this Agreement or to provide the


Minister with particulars and results of


investigations in accordance with the provisions of


clauses 5 and 21 of this Agreement;


(iii) fails neglects or refuses to expend within the times


respectively specified in clause 15 of this


Agreement each of the respective amounts in that


clause specified;


(iv) fails neglects or refuses to pay to the State at the


time or times when the same shall respectively


become payable any sum of money payable by


way of rent royalty or otherwise in pursuance of


this Agreement;


(v) fails neglects or refuses to comply with and


observe the terms provisions and conditions of


clause 18 of this Agreement;


(vi) fails neglects or refuses to surrender any land or





any area or areas of land in accordance with the


provisions of clause 13, 16 or 57,





the Company shall be deemed to be in default under the


provisions of this Agreement and in any such case the


Minister may give to the Company notice in writing


requiring the Company to remedy such default within


such reasonable time as may be specified in such notice.


(b) If the Company shall fail neglect or refuse to comply


with the provisions of any such notice within such time


as is so specified or within such extended time as may


be granted by the Minister or the Tribunal the Governor


in Council may by notice in writing to the Company


determine this Agreement and thereupon subject as


hereinafter provided the Company shall forfeit to the


Crown freed from all mortgages encumbrances and





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charges all lands vested in or howsoever held by the


Company pursuant to this Agreement (other than land


held by the Company as a Special Perpetual Mining


Purposes Lease) and the same shall vest in the Crown


accordingly and the rights of the Company under this


Agreement shall thereupon cease and determine.


(c) Upon the determination of this Agreement in pursuance





of the provisions of this clause and subject to the


payment by the Company of all moneys then owing by


the Company by way of rent royalty or otherwise in


pursuance of this Agreement---





(i) the Company shall be granted, if the Company so


applies, in respect of any lands immediately prior


thereto held by the Company under any lease


granted to the Company in pursuance of the


provisions of this Agreement such lease or leases


(and whether under the Mining Acts, the Coal


Mining Acts, the Miners’ Homestead Leases Acts


or any other Act of the State then in force) as it


would then be competent for the Company to apply


for and hold subject to such mortgages


encumbrances and charges as were immediately


prior thereto in existence over the forfeited lands of


which the lands comprised in such last-mentioned


lease or leases form part; and


(ii) the Company shall have the right within such time


as the Governor in Council may consider


reasonable to remove sell or dispose of any of its


works.


(d) The Company shall not be held to be in default under


the provisions of this clause or to have failed to carry


out any obligations under this Agreement if such default


or failure is occasioned by act of God force majeure


floods storms tempests war riots civil commotions


strikes lockouts shortage of labour transport power or


essential materials break down of plant inability in the


opinion of the Governor in Council to sell or otherwise


dispose of alumina or aluminium or any other cause


whatsoever beyond the control of the Company.








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(e) Where by this Agreement any period of time is fixed


during which the Company is required to do any act


matter or thing (including the expenditure of any sum of


money) the Governor in Council upon being satisfied


that the Company has been prevented or delayed by any


of the aforesaid causes from doing that act matter or


thing (or making that expenditure) the Governor in


Council shall grant to the Company such extended time


to do that act matter or thing (or make that expenditure)


as he shall consider equal to the period of the prevention


or delay and the Company shall do that act matter or


thing (or make that expenditure) within such extended


time so granted by the Governor in Council.








59. In case any question difference or dispute shall arise between


the State and the Company concerning any clause or anything


contained in this Agreement or the meaning or construction of


any matter or thing in any way connected with this Agreement


or the rights duties or liabilities of either the State or the


Company under or in pursuance of the provisions of this


Agreement or if any matter whatsoever is by this Agreement


required to be referred to the Tribunal then and in every such


case such question difference or dispute matter or thing shall


be referred to the Tribunal the constitution of which is


hereinafter provided.








60. (a) The Governor in Council shall from time to time as


required constitute a Tribunal to decide and determine


all matters which by this Agreement are required to be


or may be referred to the Tribunal for its decision.


(b) The Tribunal shall consist of either---





(i) A Judge of the Supreme Court of Queensland


appointed by the Governor in Council; or


(ii) A Barrister of not less than ten years’ standing


appointed by the Governor in Council upon the


recommendation of the Chief Justice of


Queensland.








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(c) The Tribunal may be assisted by assessors who shall


make such recommendations to the Tribunal as they or


any of them shall think fit.


(d) Upon each reference to the Tribunal such assessors shall


be appointed to assist the Tribunal as are agreed upon


between the Minister and the Company. The Tribunal


may appoint any assessor or assessors.


(e) The Tribunal after hearing the representations of all


parties interested and considering the recommendations


(if any) of the assessors will make such


recommendation and report to the Minister as is proper


or such Order as is just.


(f) Every such Order of the Tribunal shall subject to review


as hereinafter provided remain in force for such period


as is fixed by the Order and every such Order shall be


published in the Government Gazette and shall be


binding upon all persons and shall have the force of law.


(g) The Minister may of his own volition and shall when


required by the Company refer to the Tribunal any


matter requiring decision under the provisions of this


Agreement but no decision of the Tribunal shall be


reviewed at intervals of less than one year unless so


agreed between the Minister and the Company.


(h) The Minister may at any time of his own volition or at


the request of the Company refer to the Tribunal for


consideration and report to the Minister any matter


relating to the undertaking of the Company or otherwise


arising under the provisions of this Agreement and the


Tribunal shall make such report to the Minister as it


thinks proper.


(i) The Tribunal shall be deemed to be a commission


within the meaning of “The Commissions of Inquiry


Acts, 1950 to 1954” and the provisions of such Acts


shall apply to the Tribunal and all the proceedings


thereof.


(j) Every party to proceedings before the Tribunal shall





unless the Tribunal otherwise directs pay his or its own





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costs. The Tribunal may order that any party to any


proceedings pay (whether by way of a lump sum or


otherwise) the whole or such part as the Tribunal may


think fit of the costs of and incidental to those


proceedings incurred by any other party thereto or any


costs incurred by the Tribunal including the


remuneration of any assessor or assessors. In case of


difference as to the amount (other than a lump sum) of


any costs directed to be paid as aforesaid such costs


shall be taxed by a taxing officer of the Supreme Court


of Queensland as if the proceedings before the Tribunal


had been proceedings in the Supreme Court. A direction


or decision of the Tribunal insofar as it relates to costs


may be enforced in the same manner as a judgment or


order of the Supreme Court.


(k) The State or the Company shall not be entitled to


commence or maintain any action or other proceeding


whatsoever in respect of any claim dispute or question


which under the provisions of this Agreement may be


referred to the Tribunal until such claim dispute or


question has been so referred and determined by the


Tribunal and then only for the amount of money or other


relief awarded by the Tribunal.


(l) Any Order of the Tribunal may upon the application of


the State or the Company be made an Order of the


Supreme Court of Queensland and may be enforceable


as such.





61. The Company shall from time to time as necessity arises and





also whenever required by the Governor in Council so to do


furnish the Minister with a list of Associated Companies


within the meaning of this Agreement with evidence showing


the interest which the Company holds in any Associated or


Subsidiary Company and the interest any Associated


Company holds in the Company and the State may for the


purposes of this Agreement rely and act upon the list of


Associated Companies as last furnished by the Company.








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62. Subject to the due observance by the Company of its


obligations under this Agreement and subject also in the case


of any leases licenses or rights granted or extended under or in


pursuance of the provisions of this Agreement to the due


observance and performance by the Company of the


covenants and agreements on its part therein contained or


thereby implied and of the respective Acts under which they


are granted (except as modified by this Agreement) the State


shall ensure that during the currency of this Agreement and as


to any such leases licenses or rights during the term thereof


respectively the rights of the Company under this Agreement


and under such leases licenses or rights as the case may be


shall not in any way through any act of the State be impaired


disturbed or prejudicially affected.








63. This Agreement shall be interpreted according to the laws for


the time being in force in the State.








64. Any notice consent requirement or writing authorised or


required by this Agreement to be given or sent shall be


deemed to have been duly given or sent by the State or the


Governor in Council or the Minister (as the case may be) if





signed by the Minister and forwarded by prepaid post to the


Company at its registered office in the State and by the


Company if signed on behalf of the Company by the


managing director a director general manager secretary or


attorney of the Company and forwarded by prepaid post to the


Minister at his office in Brisbane in the said State and any


such notice consent requirement or writing shall be deemed to


have been duly given or sent on the day on which it would be


delivered in the ordinary course of post.








65. The term of this Agreement shall subject to the provisions


hereof be eighty-four years commencing from the first day of


January, 1958, with the right of the Company (subject to the


provisions of this Agreement) at any time not later than two


years prior to the expiration of the said term to give to the


State written notice of its desire to extend the term of the








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Agreement for a further period of twenty-one years


whereupon if there shall not at the time of the giving of notice


be any existing breach or non-observance of any of the


provisions of this Agreement by the Company or by any


assignee of the Company or by any Associated Company


appointed to exercise any of the powers functions or


authorities hereunder the term of this Agreement shall be


extended accordingly upon the same terms and conditions


saving this present right of renewal and shall continue after


the expiration of such extended term until determined by





either party giving to the other two years’ notice in writing in


that behalf which notice may if so desired be given at any time


within two years prior to the expiration of the extended term.































































































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The schedules hereinbefore referred to





First schedule











Parishes: Albatross, Batavia, Burdett, Collet, Duckett, Duifken, Dunblane,


Durand, Ely, Embly, Fife, Kurracoo, Mapoon, Oorooloo, Pennefather,


Rendel, Romilly, Rosmead, Say, Skardon, Stanmore, Stormont, Urquhart,


Vrilya, Weipa, Westcote


Counties: Dulhunty, Jardine, Pera, Somerset, Weipa, York


Area: About 2270 sq. miles





Commencing at a monument at Vrilya Point at longitude 142° 7' 20" E and


latitude 11° 13' 10" S; thence by a straight line 5 miles to a point on the


coast at longitude 142° 7' 58" E latitude 11° 17' 35" S; thence by a straight


line for 53/4 miles to a point on the coast at longitude 142° 7' 30" E and


latitude 11° 22' 35" S; thence by a straight line 5 miles easterly to a point at


longitude 142° 11' 58" E and latitude 11° 23' 00" S; thence by a straight line


southerly for 19 miles to a point at longitude 142° 6' 45" E and


latitude 11° 38' 58" S; thence westerly by a straight line for 5 miles to a


point on the coast at longitude 142° 2' 20" E and latitude 11° 39' 00" S;


thence southerly by a straight line for 6V2 miles to a point on the coast at


longitude 142° 1' 00" E and latitude 11° 44' 30" S; thence southwesterly by


a straight line for 23/4 miles to a point on the coast at


longitude 141° 59' 30" E and latitude 11° 46' 20" S; thence southerly by a


straight line for 43/4 miles to a point on the coast at longitude 141° 58' 15" E


and latitude 11° 50' 10" S; thence southerly by a straight line for 9!/2 miles





to a point on the coast at longitude 141° 57' 10" E and


latitude 11° 58' 20" S; thence easterly by a straight line for 23/4 miles to a


point on the coast of Port Musgrave at longitude 141° 59' 40" E and


latitude 11° 59' 10" S; thence southeasterly by a straight line for 3172 miles


to a point on the coast of Port Musgrave at longitude 142° 01' 05" E and


latitude 12° 01' 55" S; thence by a straight line bearing 316° true for 33/4


miles to a point at longitude 141° 59' 00" E and latitude 11° 59' 40" S;


thence by a straight line bearing 284° true for 33/4miles to a point at


longitude 141° 55' 40" E and latitude 11° 58' 45" S; thence by a straight line





true north for 5 miles to a point at longitude 141° 55' 40" E and


latitude 11° 54' 15" S; thence by a straight line true west for 23/4 miles to a








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point at longitude 141° 53' 25" E and latitude 11° 54'15" S: thence


southerly by a straight line for 3 miles to a monument at a point on the


coast at longitude 141° 53' 25" E and latitude 11° 57' 00" S; thence


southerly by a straight line for 21 miles to a point on the coast of the


estuary of the Pennefather River at longitude 141° 45' 58" E and


latitude 12° 14' 00" S; thence westerly by a straight line for 3 miles to a


point on the coast at longitude 141° 43' 15" E and latitude 12° 14' 25" S;


thence southerly by a straight line for 24 miles to Duifken Point at


longitude 141° 36' 15" E and latitude 12° 33' 55" S; thence southeasterly by


a straight line for 2V2 miles to a point on the coast at


longitude 141° 38' 00" E and latitude 12° 34' 58" S; thence northeasterly by


a straight line for 4l/4 miles to a point on the coast at


longitude 141° 41' 30" E and latitude 12° 33' 45" S; thence northeasterly by


a straight line for 4V2 miles to a point the coast at longitude 141° 45' 00' E


and latitude 12° 32' 20" S; thence southeasterly by a straight line for 3 miles


to a point on the coast at longitude 141° 47' 00" E and


latitude 12° 34' 20" S; thence southeasterly by a straight line for 33/4 miles


to a point at the northern bank of the Mission River at


longitude 141° 49' 45" E and latitude 12° 36' 15" S; thence by a straight line


true west for 83/4 miles to a point at longitude 141° 41' 55" E and


latitude 12° 36' 20" S; thence by a straight line true south for 5ly4 miles to a


point at longitude 141° 41' 45" E and latitude 12° 40' 55" S; thence easterly


by a straight line 8 miles to a monument at a point on the coast at


longitude 141° 49' 00" E and latitude 12° 40' 55" S; thence southerly in a


straight line for 11V4 miles to a point on the coast at


longitude 141° 45' 45" E and latitude 12° 50' 05" S; thence southwesterly





by a straight line for 5V2 miles to a point on the coast at


longitude 141° 41' 35" E and latitude 12° 53' 00" S; thence southwesterly


by a straight line for 33/4 miles to Boyd Point at longitude 141° 38' 30" E


and latitude 12° 54' 20" S; thence southerly by a straight line for l3/4 miles


to a point on the coast a longitude 141° 37' 40" E and latitude 12° 55' 30" S;


thence by a straight line true west for 23/4 miles to a point at


longitude 141° 35' 15" E and latitude 12° 55' 30" S; thence southerly by a


straight line for 4V2 miles to a monument at a point on the coast at


longitude 141° 35' 25" E and latitude 12° 59' 30" S; thence southerly by a


straight line for 1V4 miles to a point at longitude 141° 35' 50" E and


latitude 13° O' 45" S; thence southeasterly by a straight line for 3 miles to a


point on the coast at longitude 141° 37' 30" E and latitude 13° 2' 35" S;


thence southerly by a straight line for 23/4 miles to a point on the coast at








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longitude 141° 37' 10" E and latitude 13° 5' 00" S; thence southerly by a


straight line for 43/4 miles to a point on the coast at longitude 141° 37' 50" E


and latitude 13° 09' 05" S; thence southerly by a straight line for 3V2 miles


to a point on the coast at longitude 141° 39' 30" E and


latitude 13° 11' 45" S; thence southerly by a straight line for 4 miles to a


point on the coast at longitude 141° 41' 20" E and latitude 13° 14' 35" S;


thence southerly by a straight line for l3/4 miles to a point on the coast at


longitude 141° 41' 30" E and latitude 13° 16' 00" S; thence southerly by a


straight line for l3/4 miles to a point on the coast at longitude 141°41' 10" E


and latitude 13° 17' 20" S; thence easterly in a straight line for 4‘/4 miles to


a point at longitude 141° 45' 00" E and latitude 13° 17' 20" S; thence


southerly in a straight line for 4V2 miles to a point at


longitude 141° 45' 00" E and latitude 13° 21' 30" S; thence easterly in a


straight line for 4 miles to a point at longitude 141° 48' 40" E and


latitude 13° 21' 30" S; thence northeasterly by a straight line for 33/4 miles


to a point at longitude 141° 50' 20" E and latitude 13° 18' 30" S; thence


northerly by a straight line for 33/4 miles to a point at


longitude 141° 50' 20" E and latitude 13° 15' 10" S; thence northwesterly





by a straight line for 7V4 miles to a point at longitude 141° 47' 30" E and


latitude 13° 09' 30" S; thence northwesterly by a straight line 11V2 miles to


a point at longitude 141° 44' 30" E and latitude 13° 00' 00" S; thence


easterly by a straight line for 29V2 miles to a point at


longitude 142° 10' 35" E and latitude 13° 00' 00" S; thence northerly by a


straight line for 15‘/2 miles to a point at longitude 142° 10' 30" E and


latitude 12° 46' 15" S; thence easterly in a straight line for 3V2 miles to a


point at longitude 142° 13' 45" E and latitude 12° 46' 15" S; thence


northerly by a straight line for 10V2 miles to a point at


longitude 142° 13' 50" E and latitude 12° 37' 10" S; thence westerly by a


straight line for 23/4 miles to a point at longitude 142° 11' 30" E and


latitude 12° 37' 10" S; thence northerly by a straight line for 8V4 miles to a


point at longitude 142° 11' 30" E and latitude 12° 30' 00" S; thence westerly


by a straight line for 21 miles to a point at longitude 141° 52' 20" E and


latitude 12° 30' 00" S; thence northerly by a straight line for 20V2 miles to a


point at longitude 141° 52' 20" E and latitude 12° 12' 00" S; thence


northeasterly by a straight line for 7'/2 miles to a point at


longitude 141° 57' 00" E and latitude 12° 07' 15" S; thence northeasterly by


a straight line for 5V4 miles to a point at longitude 142° 01' 30" E and


latitude 12° 05' 45" S; thence northeasterly by a straight line for 4V4 miles


to a point at longitude 142° 04' 10" E and latitude 12° 03' 15" S; thence








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northeasterly by a straight line for 10 miles to a point at


longitude 142° 06' 15" E and latitude 11° 55' 00" S; thence northeasterly by





a straight line 8 miles to a point at longitude 142° 07' 45" E and


latitude 11° 48' 10" S; thence northeasterly by a straight line for 8 miles to a


point at longitude 142° 10' 05" E and latitude 11° 41' 30" S; thence





northeasterly by a straight line for 21172 miles to a point at


longitude 142° 16' 00" E and latitude 11° 23' 58" S; thence northerly by a


straight line for 7 miles to a point at longitude 142° 16' 35" E and


latitude 11° 17' 40" S; thence northerly by a straight line for 53/4 miles to a


point at longitude 142° 16' 00" E and latitude 11° 12' 35" S; thence westerly


in a straight line for 10 miles to the point of commencement.


All bearings, distances and geographical co-ordinates in the preceding


description are approximate only.




























































































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Second schedule








Area No. 1


Parishes ofFilmer, Shadwell, Milman, and Croft, counties of Somerset and


Jardine


Area, about 380 square miles





Commencing at low-water mark at Hunter Point, being the north-east


corner of an exempt area---G.G. 1957.2.1016, and bounded thence by that


exempt area and a line due west to the right bank of the Jardine River; by


that river downwards to a point about 10V2 miles in a direct line; by a line


bearing about 6 degrees (true) about 23/4 miles; by a line bearing about


276 degrees (true) about 2 miles; by a line bearing about 6 degrees (true)


about 6 miles to the right bank of the Jardine River; by that river


downwards about 2 miles in a direct line; by a line bearing about 6 degrees


(true) about 9 miles to low-water mark on the eastern bank of the Escape


River; by that low-water mark and low-water mark of the South Pacific


Ocean northerly, easterly, and southerly to the point of commencement,


and including Turtle Head Island;---exclusive of freeholds, reserves and all


existing tenements or holdings under the Mining Acts.








Area No. 2


Parishes ofHarmal, Kalpowar, Calmurra, Melville, Ninian, Wakooka,


Howick, and Murdoch, county of Melville





Area, about 1,100 square miles


Commencing at low-water mark about 1 mile north of the mouth of the


Starcke River and bounded thence by a line bearing about 275 degrees


(true) about 25 miles; by a line bearing about 5 degrees (true) about


53/4 miles; by a line bearing about 275 degrees (true) about 31 miles to the


right bank of the Normanby River; by that river downwards to low-water


mark of Princess Charlotte Bay; by that low-water mark and low-water


mark of Bathurst Bay and the South Pacific Ocean northerly, easterly, and


southerly to the point of commencement;---exclusive of freeholds,


reserves, and all existing tenements or holdings under the Mining Acts.














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Third schedule











QUEENSLAND


No.








“THE COMMONWEALTH ALUMINIUM


CORPORATION PTY. LIMITED AGREEMENT ACT OF


1957”








SPECIAL BAUXITE MINING LEASE.











County ELIZABETH THE SECOND, by


I the Grace of God, of the United


I Kingdom, Australia, and Her


Parish ^ other Realms and Territories,


I Queen, Head of the


I Commonwealth, Defender of the


Date of Lease Faith.





To All to Whom These Presents Shall Come, Greeting:


WHEREAS, in conformity with the provisions of “77z

Aluminium Corporation Pty. Limited Agreement Act of 1957” and of an


Agreement dated and made between Our State of Queensland and


Commonwealth Aluminium Corporation Pty. Limited a Company duly





incorporated and registered in Our said State which Agreement was


authorised by the said Act the said Company is now entitled to a Lease of





the Land in Our said State described in the Schedule hereinafter written for


the purposes hereinafter set forth at the Yearly Rent hereinafter reserved





under and subject to the covenants terms and conditions hereinafter


mentioned. Now Know Ye that in consideration of the premises and of the


Yearly Rent covenants provisoes and agreements hereinafter reserved and


contained on the part of the said Commonwealth Aluminium Corporation


Pty. Limited its successors and permitted assigns to be paid observed and


performed We Do Hereby for Us Our Heirs and Successors demise and


lease unto the said Commonwealth Aluminium Corporation Pty. Limited








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its successors and permitted assigns the same being hereinafter designated


the Lessee All That Parcel of Land situated on the Cape York Peninsula


and particularly described in the Schedule hereinafter written and for all or


any of the following purposes:---


(a) for mining for all or any of the designated minerals (as defined in


the said Agreement) and for all purposes necessary directly or


indirectly effectually to carry on mining and treatment operations


therein or thereon;


(b) for erecting thereon any houses buildings plant and machinery


for use directly or indirectly in connection with such mining or


treatment operations;


(c) for cutting and constructing thereon dams, weirs, reservoirs,


wells, water channels, aqueducts and pipe lines, for pumping or


raising water and for all other purposes relating to the obtaining


storing or conveying of water;


(d) for constructing or erecting any roads, harbour works (as defined


in the said Agreement), works for the recovery of salt from sea


water or other works whatsoever;





(e) for any other purposes (whether manufacturing or otherwise)


incidental to or necessary or desirable for the more effectual


carrying out of all or any of the provisions or purposes of the said


Agreement including but without limiting the generality of the


foregoing the production and distribution of any form of lighting


heating or power; and





(f) for residence thereon in connection with any of such purposes:


To HAVE AND TO HOLD the said lands and all and singular other the


premises hereinbefore mentioned and hereby demised with the


appurtenances unto the Lessee for the full term of Eighty-four years from


the first day of January 1958 which said term shall be renewable on the


Lessee’s application made at any time during the last Two years of the then


current term of this Lease for a further period of Twenty-one years upon the


same terms and conditions except that the rent shall be such as the


Governor in Council then deems equitable and shall continue after the


expiration of such extended term until determined by either party giving to


the other two years’ notice in writing in that behalf which notice may if so


desired be given at any time within two years prior to the expiration of the


extended term saving and excepting unto Us Our Heirs and Successors all





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gold and minerals other than designated minerals (the term “minerals” to


have the same meaning as in “The Mining on Private Land Acts, 1909 to


1956”) and all petroleum (the term “petroleum” to have the same meaning


as in “The Petroleum Acts, 1923 to 1950”) and helium found in association


with petroleum found in the land herein demised and ALSO RESERVING


unto Us Our Heirs and Successors and to such persons as shall from time to


time be duly authorised by Us in that behalf during the term of this Lease


or any renewal thereof (but subject always to the provisions of clause 25 of


the said Agreement) the free right and privilege of access including ingress


egress and regress into upon over and out of the said land for the purpose of


searching for and for the operations of obtaining any gold minerals (other


than designated minerals) or petroleum and helium found in association


with petroleum Yielding and Paying unto Us Our Heirs and Successors


during the continuance of this Lease in advance on or prior to the first day


of January in each year into the hands of our Treasurer for the time being at


the Treasury in Brisbane in Our said State the following Yearly Rentals or


sums that is to say:---


(a) In respect of each of the first five years of the said term the sum


of £2 Os. Od. per square mile or part thereof;


(b) In respect of each of the next ten years of the said term the sum


of £4 Os. Od. per square mile or part thereof;


(c) In respect of each year of the remainder of the said term such





sum as shall be determined in accordance with the provisions of


paragraph (iii) of clause 14 of the said Agreement





Provided Always and these presents are upon the conditions following


that is to say:---


(i) That the Lessee shall well and truly pay or cause to be paid unto


Us Our Heirs and Successors the rent hereby reserved when and


as the same shall become payable in manner hereinbefore


appointed for that purpose;


(ii) That the Lessee shall use the said land continuously and


bona fide for the purposes for which the same is demised as


aforesaid;


(iii) That the Lessee shall not assign underlet or part with possession


of the land hereby demised or any part thereof otherwise than in


accordance with the provisions of paragraph (e) of clause 11 of


the said Agreement;








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(iv) The Lessee in carrying out its obligations under the said


Agreement or otherwise howsoever directly or indirectly for or in


connection with the purposes of the said Agreement or of this or


of any other Special Bauxite Mining Lease granted under the said


Agreement shall expend whether on capital or revenue account


not less than the following total sums:---


During the first year of the term of the Special





Bauxite Mining Lease granted under clause 8


hereof................................. £100,000


During the second and third years of such term . £250,000


During the fourth and fifth years of such term .. £375,000


During the sixth and seventh years of such term. £775,000


During each of the eighth, ninth and tenth years


of such term............................. £750,000


During each of the years from the eleventh to the





fifteenth years of such term, both inclusive..... £1,500,000


During each succeeding year of such term..... £2,500,000


(v) If default is made by the Lessee in the payment of rent this Lease


shall at our option be forfeited but the Lessee may defeat


forfeiture by payment of the rent within Ninety days of the due


date with the addition of a sum by way of penalty equal to


interest thereon at the rate of Ten Pounds per centum per annum


or such lesser penalty as the Minister may fix; but unless the


whole of the rent together with the penalty is paid within Ninety


days from the due date the Lease shall at our option without any


enquiry or other process be forfeited: Provided that the Minister


may waive the forfeiture and reinstate the Lessee on payment of


the arrears of rent due with accrued penalty;


(vi) If the Lessee commits any breach of or fails to observe any of the


conditions set out above in this Lease other than as to payment of


rent the Minister may give to the Lessee notice in writing


requiring the Lessee to make good and rectify such default within


such reasonable time as is specified in the Notice; and if the


Lessee shall fail to comply with the provisions of such Notice


within such time as is so specified or within such extended time


as may be granted by the Minister, this Lease shall at our option


be forfeited it being expressly agreed and declared however that


if the Company disputes that it is so in default the question








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whether or not the Company is so in default shall be determined


by the Tribunal constituted by the said Agreement and the time


specified in such Notice shall not run until the question is so


determined; and upon the Lease being so forfeited the lands


comprised therein shall revert to us and the rights of the Lessee


under this Lease shall thereupon cease and determine;


Provided Also that the Minister may waive the forfeiture and reinstate


the Lessee upon such conditions as the Governor in Council may


determine:


(vii) That upon any forfeiture or other determination of this Lease, the


Lessee shall have the right, subject to payment of all moneys then


owing by the Lessee by way of rent, royalty or otherwise


(a) to apply for and have granted such lease or leases (whether


under “The Mining Acts, 1898 to 1955”, “The Coal Mining


Acts, 1925 to 1952”, “The Miners’ Homestead Leases Acts,


1913 to 1957” or any other Act of the State then in force) as


it would then be competent for the Lessee to apply for and


hold subject to such mortgages encumbrances and charges


as were immediately prior thereto in existence over the


forfeited lands of which the land comprised in such


lastmentioned lease or leases forms part;


(b) to remove from the said lands and to sell or dispose of any


of its works within such time as the Governor in Council


may consider reasonable;





(viii)That the Lessee shall permit and suffer all or any person or


persons appointed by the Minister for the time being of our said


State in that behalf at all proper and reasonable times during the


continuance of this demise and whether the mines are working or


not without any interruption or disturbance from the Lessee its


agents servants or workmen or any of them to enter into and upon


the said mines and all works and buildings connected therewith


or any part thereof to view and examine the condition thereof and


whether the said mine or mines is or are worked bona fide for the


purposes aforesaid and for that purpose to use all and every the


tramways railways or roads or ways and all or any of the


machinery and works in and upon the said land;


(ix) The Lessee shall not be deemed to have failed to carry out any of





its obligations under this Lease if such failure is occasioned by





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act of God, force majeure, floods, storms, tempests, war, riots,


civil commotions, strikes, lockouts, shortage of labour, transport,


power or essential materials breakdown of plant or machinery,


inability in the opinion of the Governor in Council to sell or


otherwise dispose of alumina or aluminium or any other cause


whatsoever beyond the control of the Lessee.


Provided lastly and notwithstanding anything hereinbefore contained it is





hereby agreed and declared that the Lessee may surrender this Lease in


respect of the whole or any part of the land hereby demised at any time


upon giving to the Minister written notice of its intention so to do. In the


case of a surrender as to part only of the said land the rent hereby reserved


shall abate by an amount which bears the same proportion to the said rent


as the area of land surrendered bears to the area of land hereby demised.


In these presents the expressions “Minister” and “designated minerals”


shall have the same respective meanings as in Clause 1 of the said


Agreement.


IN TESTIMONY WHEREOF etc.













































































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Fourth schedule








Parishes:--- Boynton, Brunner, Canoe, Lovaine, Pascoe, Templemore,


Thring, Westbury, Weymouth


Counties:---Shelbourne, Weymouth, York


Area, about 502V2 square miles





Commencing at Mount Nelson at approximately latitude 12° 39' S and


longitude 143° 12' E thence due North for 10 V4 miles to approximately


latitude 12° 30' S thence due West for 163/4 miles thence due South for


30 miles thence due East for 163/4 miles thence due North to the point of


commencement.






















































































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Fifth schedule No. 1








QUEENSLAND


No.


Yol.


Fol.








THE COMMONWEALTH ALUMINIUM


CORPORATION PTY. LIMITED AGREEMENT ACT OF


1957





and


“THE MINERS’ HOMESTEAD LEASES ACTS, 1913 TO


1957”





SPECIAL PERPETUAL MINING PURPOSES LEASE for the purposes


of erection of mining plant treatment plant machinery harbour or other


works.





County ELIZABETH THE SECOND, by


I the Grace of God, of the United


Parish B Kingdom, Australia, and Her


Area Acres Roods Perches ^ other Realms and Territories,


I Queen, Head of the


Date of Lease I Commonwealth, Defender of the


Faith.





To All to Whom These Presents Shall Come, Greeting:


WHEREAS in conformity with “The Commonwealth Aluminium





Corporation Pty. Limited Agreement Act of 1957” and “The Miners’


Homestead Leases Acts, 1913 to 1957”, hereinafter called “the said Acts”


Commonwealth Aluminium Corporation Pty. Limited a company


duly registered in accordance with the laws of Our State of Queensland is


now entitled to a Lease in Perpetuity of the Land hereunder particularly


described as a Special Perpetual Mining Purposes Lease at the rent and


under and subject to the covenants, terms, and conditions hereinafter


mentioned: Now KNOW Ye that in consideration of the premises, We Do








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Hereby, for Us, Our Heirs and Successors, demise and lease unto the said


Commonwealth Aluminium Corporation Pty. Limited its successors


and permitted assigns (the same being hereinafter designated “the


Lessee”) all that piece of Land in Our said State, containing


by admeasurement be the same more or less,


situated in the County of


and Parish of being Lease Number


on the Warden’s Register:---


To Have and to HOLD unto the Lessee its successors and permitted





assigns, in perpetuity, as a Special Perpetual Mining Purposes Lease as


from the day of One


thousand nine hundred and , with, under, and subject to the reservations


hereinafter particularly mentioned, and with, under, and subject to the


several rights, powers, privileges, terms, conditions, provisions, exceptions,


restrictions, reservations and provisoes, contained or implied in the said


Acts, and to all other rights, powers, privileges, terms, conditions,


provisions, exceptions, restrictions, reservations and provisoes referred to,


contained or prescribed in and by the said Acts and “The Mining on Private


Land Acts, 1909 to 1956,” and “The Petroleum Acts, 1923 to 1955,” or any


Regulations made or which may hereafter be made under the said Acts, or


any of them save and except that there shall be no limitations as to area or


shape; Yielding AND Paying unto Us, Our Heirs and Successors, in each


and every year, the annual rent at the rate of ten shillings per acre or part


thereof or any greater amount as may be prescribed from time to time by


“The Mining Acts, 1898 to 1955” or any amendment thereof in respect of


Mineral Leases issued under those Acts; such payments to be made in


advance and on or before the thirty-first day of December in each and every


year, into the hands of the Under Secretary, Department of Mines,


Brisbane.


PROVIDED Always, and we do hereby reserve unto Us, Our Heirs and


Successors, all gold and minerals (the term “Minerals” to have the same


meaning as in “The Mining on Private Land Acts, 1909 to 1956”) and all


petroleum (the term “Petroleum” to have the same meaning as in


“The Petroleum Acts, 1923 to 1955”) and all helium found in association


with petroleum on or below the surface of the said land, and all mines of


gold and minerals on or below the surface of the said land, and We do


hereby also reserve unto Us, Our Heirs and Successors, and to such persons


as shall from time to time be duly authorised by Us in that behalf at all


times, the free right and privilege of access, including ingress, egress, and


regress, into, upon, over, and out of the said Land, for the purpose of








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searching for or working gold and minerals, or any of them, (other than


designated minerals) or mines of gold and minerals, or any of them, (other


than designated minerals) and of searching for, and for the operations of


obtaining petroleum, in any part of the said land: And We do further


reserve the right of any person duly authorised in that behalf by the


Governor of Our said State in Council at all times to go upon the said Land,


or any part thereof, for any purpose whatsoever, or to make any survey,


inspection, or examination of the same:





Provided Further and notwithstanding anything hereinbefore


contained it is hereby agreed and declared that the Lessee may surrender


this Lease at any time in respect of the whole or any part of the land hereby


demised upon giving to the Minister for Development, Mines and Main


Roads (or other Minister of the Crown for the time being administering the


Mining Acts) written notice of its intention so to do and in the case of a


surrender as to part only of the said land the rent hereby reserved shall


abate by an amount which bears the same proportion to the said rent as the


area of land surrendered bears to the area of land hereby demised:


PROVIDED Lastly that in the case of forfeiture or other determination of


this Lease the Lessee shall have the right to be exercised within a


reasonable time to remove from the said land all plant machinery


equipment and other improvements whatsoever which the Lessee may have


installed or caused to be installed on such land.


In Testimony Whereof, We have caused this Our Lease to be sealed


with the Seal of Our said State.
























































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Fifth schedule No. 2





QUEENSLAND





No.


Vol.





Fol.





“THE COMMONWEALTH ALUMINIUM


CORPORATION PTY. LIMITED AGREEMENT ACT OF





1957”


and


“THE MINERS’ HOMESTEAD LEASES ACTS, 1913 TO





1957”








SPECIAL PERPETUAL MINING PURPOSES LEASE for residential,


business, agricultural or pastoral purposes








County ELIZABETH THE SECOND, by


I the Grace of God, of the United


Parish B Kingdom, Australia, and Her


Area Acres Roods Perches other Realms and Territories,


I Queen, Head of the


I Commonwealth, Defender of the


Date of Lease


Faith.








To All to Whom These Presents Shall Come, Greeting:


WHEREAS in conformity with “The Commonwealth Aluminium


Corporation Pty. Limited Agreement Act of 1957” and “The Miners’


Homestead Leases Acts, 1913 to 1957” hereinafter called “the said Acts”


Commonwealth Aluminium Corporation Pty. Limited a company duly


registered in accordance with the laws of Our State of Queensland, is now


entitled to a Lease in Perpetuity of the Land hereunder particularly


described as a Special Perpetual Mining Purposes Lease at the rent and





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under and subject to the covenants, terms, and conditions hereinafter


mentioned: Now Know Ye that in consideration of the premises, We do


hereby for Us, our Heirs and Successors, demise and lease unto the said


Commonwealth Aluminium Corporation Pty. Limited its successors and


permitted assigns (the same being hereinafter designated “the


Lessee”), all that piece of Land in Our said State containing by


admeasurement


be the same more or less, situated in the


County of and Parish of being


Lease Number on the


Warden’s Register:---





To HAVE AND TO hold unto the Lessee its successors and permitted


assigns, in perpetuity, as a Special Perpetual Mining Purposes Lease as


from the day of


One thousand nine hundred and ,with, under, and subject to


the reservations hereinafter particularly mentioned, and with, under and


subject to the several rights, powers, privileges, terms, conditions,


provisions, exceptions, restrictions, reservations and provisoes contained or


implied in the said Acts, and to all other rights, powers, privileges, terms,


conditions, provisions, exceptions, restrictions, reservations and provisoes


referred to, contained or prescribed in and by the said Acts and “The


Mining on Private Land Acts, 1909 to 1956” and “The Petroleum Acts,


1923 to 1955” or any Regulations made or which may hereafter be made


under the said Acts, or any of them save and except that there shall be no


limitation as to area or shape: YIELDING and Paying unto Us, Our Heirs


and Successors, in each and every year during the first Ten Years of the


Lease hereby granted, the annual rent of pounds shillings


and pence: AND in each and every year, during each succeeding


period of Ten Years, an annual rent equal to that payable for the period then


last expired, or (if application shall have been made by the lessee to the


Minister at least six months prior to the expiration of the then current


period in accordance with the provisions of the said Acts) such annual rent


as shall thereupon have been determined by the Warden; such payments to


be made in advance, and on or before the thirty-first day of December in


each and every year, into the hands of the Under Secretary, Department of


Mines, Brisbane.


Provided Always, and we do hereby reserve unto Us, Our Heirs and


Successors, all gold and minerals (the term “Minerals” to have the same


meaning as in “The Mining on Private Land Acts, 1909 to 1956”) and all








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petroleum (the term “Petroleum” to have the same meaning as in “The


Petroleum Acts, 1923 to 1955”) and all helium found in association with


petroleum on or below the surface of the said land, and all mines of gold


and minerals on or below the surface of the said land, and We do hereby


also reserve unto Us, Our Heirs and Successors, and to such persons as


shall from time to time be duly authorised by Us in that behalf at all times,


the free right and privilege of access, including ingress, egress and regress,


into, upon, over and out of the said Land, for the purpose of searching for


or working gold and minerals, or any of them (other than designated


minerals), or mines of gold and minerals, or any of them (other than


designated minerals), and of searching for, and for the operations of


obtaining petroleum, in any part of the said Land: AND WE do further


reserve the right of any person duly authorised in that behalf by the


Governor of Our said State in Council at all times to go upon the said Land,


or any part thereof, for any purpose whatsoever, or to make any survey,


inspection or examination of the same: Provided Further and


notwithstanding anything hereinbefore contained it is hereby agreed and


declared that the Lessee may surrender this Lease at any time in respect of


the whole or any part of the land hereby demised upon giving to the


Minister for Development, Mines and Main Roads (or other Minister of the


Crown for the time being administering the Mining Acts) written notice of


its intention so to do and in the case of a surrender as to part only of the


said land the rent hereby reserved shall abate by an amount which bears the


same proportion to the said rent as the area of land surrendered bears to the


area of land hereby demised: PROVIDED Lastly that in the case of


forfeiture or other determination of this Lease the Lessee shall have the


right to be exercised within a reasonable time to remove from the said land


all plant machinery equipment and other improvements whatsoever which


the Lessee may have installed or caused to be installed on such land.








IN TESTIMONY WHEREOF WE have caused this Our Lease to be


Sealed with the Seal of Our said State.


EXECUTED the day and year aforesaid.





SIGNED by The Honourable George Francis


Reuben Nicklin, Premier and Chief Secretary of


the State of Queensland for and on behalf of the


said State








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In the presence of








THE COMMON SEAL OF


COMMONWEALTH ALUMINIUM


CORPORATION PTY. LIMITED was hereto |


affixed 3


In the presence of


AUSTRALIAN MINING AND SMELTING COMPANY LIMITED





doth hereby consent to the provisions of the within Agreement.


THE COMMON SEAL OF AUSTRALIAN


MINING AND SMELTING COMPANY I


LIMITED was hereto affixed |





In the presence of




































































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Schedule 2





Schedule 2 Proposed further agreement








section 4C








THIS AGREEMENT is made the_day of_, 20_


BETWEEN STATE OF QUEENSLAND


AND


RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street,


Brisbane in the State of Queensland (RTA Weipa)


AND


RIO TINTO ALUMINIUM LIMITED (FORMERLY





COMMONWEALTH ALUMINIUM CORPORATION PTY


LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679


127, Level 2, 443 Queen Street, Brisbane in the State of Queensland


(RTAL)


BACKGROUND:


1. Under section 2 of the Commonwealth Aluminium Corporation Pty





Limited Agreement Act 1957 (the Act), the State and RTAL entered


into an agreement on 16 December 1957, which has been amended


from time to time (the Principal Agreement).


2. Governor in Council approval has been obtained for the assignment


of the benefits and obligations of the Principal Agreement from


RTAL to RTA Weipa.


3. Upon the assignment of the Principal Agreement from RTAL to


RTA Weipa, the State, RTAL and RTA Weipa have agreed to vary


the Principal Agreement further in accordance with the Act to


enable some of the clauses of the Principal Agreement to continue


to apply to RTAL as well as to RTA Weipa.


IT IS AGREED THAT---


1. Clause 1 of the Principal Agreement is amended to include the


following definitions---


(a) ‘ “RTA Weipa” means RTA Weipa Pty Ltd (ACN 137 266


285),‘its successors and assigns:’ and








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(b) “ “RTAL” means Rio Tinto Aluminium Limited (ACN 009


679 127), its successors and assigns;’.


2. Clause 1 of the Principal Agreement is amended by replacing the


definition of “the Minister” with the following definition---‘ “the


Minister” means the Minister of the State of Queensland


responsible for the administration of the Act;’.


3. Clause 3 of the Principal Agreement is deleted and replaced with


new clause 3, which provides:


‘ (1) The agreement may be varied only---





(a) by further written agreement between the State and the


company; and


(b) under the authority of the Act.


4. Immediately upon the assignment of the Principal Agreement from


RTAL to RTA Weipa becoming effective, the Principal Agreement


is amended by the insertion of the following new clause 66


immediately after clause 65 of the Principal Agreement:


‘66. In addition to RTA Weipa, the following clauses of this


Agreement will continue to apply to RTAL and a reference to


the term “the Company” in those clauses is to be construed


accordingly---


(a) Clause 18;





(b) Clause 27;


(c) Clause 48;





(d) Clause 49;


(e) Clause 52





(f) Clause 55;


(g) Clause 59;


(h) Clause 60; and





(i) Clause 62.’.


5. RTAL will notify the Minister in writing when the assignment of


the Principal Agreement from RTAL to RTA Weipa becomes


effective.











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6. This Agreement comes into effect on and from the date notified by


the Minister (being the Minister of the State of Queensland


responsible for the administration of the Act) in the Government


Gazette or, if no date is specified, on the date of the gazettal.


IN WITNESS WHEREOF the parties hereto have executed this


Agreement as at the day and year first above written.





S I G N E D ON BEHALF OF THE STATE OF


QUEENSLAND BY THE HONOURABLE





MINISTER FOR











In the presence of











In the presence of











Executed in accordance with section 127 of the Corporations Act 2001 by


RTA Weipa Pty Ltd (ACN 137 266 285):














Witness Signature Signature


Print Name





Executed in accordance with section 127 of the Corporations Act 2001 by





Rio Tinto Aluminium Limited (ACN 009 679 127):


Director Signature Director/Secretary signature











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Print Name Print Name

























































































































































































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Schedule 3


Schedule 3 Proposed further agreement








section 4C








THIS AGREEMENT is made the_day of_, 20_


BETWEEN STATE OF QUEENSLAND


AND





RTA WEIPA PTY LTD, ACN 137 266 285, Level 2, 443 Queen Street,


Brisbane in the State of Queensland (RTA Weipa)


AND


RIO TINTO ALUMINIUM LIMITED (FORMERLY


COMMONWEALTH ALUMINIUM CORPORATION PTY


LIMITED and COMALCO ALUMINIUM LIMITED), ACN 009 679


127, Level 2, 443 Queen Street, Brisbane in the State of Queensland


(RTAL)


BACKGROUND:


1. Under section 2 of the Commonwealth Aluminium Corporation Pty


Limited Agreement Act 1957 (the Act), the State and RTAL entered


into an agreement on 16 December 1957, which has been amended


from time to time (the Principal Agreement).


2. The State, RTA Weipa and RTAL have agreed to amend the


Principal Agreement in accordance with the Act to vary the


authorisation for RTA Weipa and RTAL to take or interfere with


water in the Wenlock Basin wild river area, other than artesian


water or subartesian water connected to artesian water.


IT IS AGREED THAT---





3. The Principal Agreement is amended by the insertion of the


following new clause 32A immediately after clause 32 of the


Principal Agreement:


3 2 A. "


(1) Subclause (2) prevails to the extent of any inconsistency with


subclauses 31(a) to (e), 31 (g) and clause 32 of the Principal


Agreement.





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(2) RTA Weipa’s and RTAL’s right to take or interfere with water,


other than artesian water or subartesian water connected to


artesian water, in the ‘Wenlock Basin wild river area’ (as


defined in the Wenlock Basin Wild River Declaration 2010) is


subject to the following specified conditions:





(a) the right to take or interfere with water in the Wenlock


Basin wild river area is subject to an annual volumetric


limit of 90,000 ML (subject to the sum of the annual


volumetric limit that may be taken under water licences


held by RTA Weipa and RTAL and the holder of mining


tenements for a project for which the Alcan Queensland


Pty. Limited Agreement Act 1965 was enacted, not


exceeding 90,000 ML in total);


(b) the location from which the water may be taken or at


which the water may be interfered with is from sources


within or in the vicinity of the western bauxite field


referred to in clause 31(a); and


(c) the period over which RTA Weipa and RTAL may take





or interfere with water continues for the term of this


Agreement, including any future extensions of term.





(3) To remove any doubt, it is declared that subclauses (1) and (2)


do not limit:


(a) the rights of RTA Weipa and RTAL under subclauses


31(a) to (e), 31(g) and clause 32 of the Principal


Agreement to take or interfere with water outside the


Wenlock Basin wild river area; or


(b) RTA Weipa’s and RTAL’s right to take or interfere with


artesian water or subartesian water connected to artesian


water in the Wenlock Basin wild river area.


4. This Agreement comes into effect on and from the date notified by


the Minister (being the Minister for the State of Queensland


responsible for the administration of the Act) in the Government


Gazette or, if no date is specified, on the date of the gazettal.


IN WITNESS WHEREOF the parties hereto have executed this





Agreement as at the day and year first written above.














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S I G N E D ON BEHALF OF THE STATE OF


QUEENSLAND BY THE HONOURABLE





MINISTER FOR














In the presence of











Executed in accordance with section 127


of the Corporations Act 2001 by





RTA Weipa Pty Ltd (ACN 137 266 285):














Witness Signature Signature








Print Name











Executed in accordance with section 127


of the Corporations Act 2001 by





Rio Tinto Aluminium Limited (ACN


009 679 127):

















Director Signature Director/Secretary signature

















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Schedule 3


























Print Name Print Name

























































































































































































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Schedule 4


Schedule 4 Proposed further agreement








section 4D








THIS AGREEMENT is made


BETWEENrSTATE OF QUEENSLAND, acting through the Department


of Natural Resources and Mines


(‘the State’)


AND: RTA WEIPA PTY LTD ACN 137 266 285, Level 2, 443


Queen Street, Brisbane in the State of Queensland


( RTA Weipa’)


AND: RIO TINTO ALUMINIUM LIMITED ACN 009 679 127,


Level 2, 443 Queen Street, Brisbane in the State of


Queensland


(‘RTAL’)








BACKGROUND


A. Under section 2 of the Act, the State and RTAL entered into





the Principal Agreement.


B. The State, RTA Weipa and RTAL have agreed to amend the


Principal Agreement in accordance with the Act to include


specific provisions about RTA Weipa constructing a new port


in the vicinity of Boyd Point.





AGREED TERMS


1. DEFINITIONS & INTERPRETATION





1.1 In this Agreement the following definitions apply:


‘Act’ means the Commonwealth Aluminium Corporation Pty


Limited Agreement Act 1957\ and





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‘Principal Agreement’ means the agreement entered into


between the State and RTAL dated 16 December 1957, as set


out in Schedule 1 to the Act, which agreement has been


amended from time to time.





2. AMENDMENT OF PRINCIPAL AGREEMENT


2.1 The Principal Agreement is amended as follows:


New definitions





(a) The following definitions are inserted into clause 1 of the


Principal Agreement:


‘Ancillary Services’ means services ancillary to the provision


of Port Services, including services appropriate for


complementing or enhancing the provision of Port Services;


‘Boyd Area’ means the area bounded by the lines joining


Points 1-2-3-4 - l,the coordinates of which are:


Point Easting Northing


1 558826.250 8577068.082


2 571446.778 8570357.629





3 569333.359 8566382.866


4 558939.896 8571909.169


which coordinates are on the MG A 94 map projection Zone


54 based on the GDA 94 geodetic reference framework, as


defined in Section 13 of the Survey and Mapping


Infrastructure Regulation 2004.


‘Boyd Port’ means a port in the Boyd Area;


‘Boyd Port Facilities’ means the facilities relating to the


Boyd Port or used or occupied or which may at any time be


used or occupied in connection with the Boyd Port, including


the following:


(a) wharf and port marine operational areas and shipping


channels within the Boyd Area;


(b) marine and port structures;





(c) berths and berth pockets;





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(d) ship building facilities and dry docks;


(e) offshore structures used for shipping purposes;





(f) wharf protection devices;


(g) hydraulic structures;


(h) bulk loading and unloading facilities;


(i) boat harbours and boat ramps;


(j) oil and liquid product terminals and other terminals


within the Boyd Area;


(k) access roads and rail corridors;


(l) conveyors;


(m) pipelines;


(n) weighbridges;


(o) monitoring facilities;





(p) security facilities;


(q) communication facilities;


(r) material handling and disposal areas;


(s) vehicle parking facilities;


(t) public, community and visitor facilities;


(u) beacons and navigation aids;


(v) tug berths; and


(w) partially completed port facilities;





‘Marine Safety Act’ means the provisions of the Transport


Operations (Marine Safety) Act 1994;


‘Marine Pollution Act’ means the provisions of the


Transport Operations (Marine Pollution) Act 1995;


‘Port Services’ means:


(a) services relating to the establishment, operation or


administration of Boyd Port;


(b) dredging services;











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(c) monitoring and management of the movement of


vessels, vehicles, goods and people in the Boyd Area;


(d) security services and security monitoring services in the


Boyd Area;


(e) traffic control services; and


(1) emergency services; and





TIA means the Transport Infrastructure Act 1994 (Qld).


New clause 37A


(b) A new clause 37A is inserted as follows:


37A. (1) The rights conferred on the Company under this


Agreement include the rights to:





(a) survey, construct, maintain, manage, operate, use


and regulate the use of the Boyd Port and the Boyd


Port Facilities; and


(b) use and occupy such part of the bauxite field or


Special Bauxite Mining Lease, designated


ML7024, or of the foreshore, or of any tidal land or


tidal water, or the unallocated State land or any


other land or waters within the Boyd Area as may


be necessary for the purposes of subclause


37A(l)(a) above.


(2) Without limiting the Company's rights under clause


37A(1), the Company may do any of the following in


respect of Boyd Port and the Boyd Port Facilities:


(a) establish, manage, and operate effective and


efficient Boyd Port Facilities and services in Boyd


Port;


(b) provide or arrange for the provision of Ancillary


Services or works necessary or convenient for the


effective and efficient operations of Boyd Port and


the Boyd Port Facilities;


(c) keep appropriate levels of safety and security in the


provision and operation of the Boyd Port Facilities


and Boyd Port;








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(d) control and manage activities and conduct by ships


relating to the Boyd Port, including the


commercial scheduling of the movement of ships


within Boyd Port or at the Boyd Port Facilities;


(e) provide other services incidental to the


performance of its other functions or likely to


enhance the Company's usage of Boyd Port and the


Boyd Port Facilities;


(f) provide Port Services and Ancillary Services;


(g) dredge or otherwise maintain and improve


navigational channels in the Boyd Area;


(h) reduce or remove a shoal, bank or accumulation in


the Boyd Area that, in the Company's opinion,


impedes navigation in Boyd Port;


(i) impose charges for the use of the Boyd Port and


the Boyd Port Facilities, by reference to, for


example:


(i) a ship using Boyd Port; or


(ii) goods or passengers loaded, unloaded or





transhipped to or from a ship using Boyd


Port;


(j) impose charges in relation to Port Services and the





Boyd Port Facilities, including in relation to:


(i) the acquisition, establishment, construction,


improvement, operation and maintenance of


the Boyd Port Facilities; or


(ii) works relating to the Boyd Port Facilities,


including dredging and the disposal of


dredged material;


(k) determine the time within which a charge must be


paid and the default interest rate if the charge is not


paid before it is due;


(l) recover the reasonable cost of moving, or taking


steps to move, a ship, a vehicle or goods within


Boyd Port;





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(m) recover the reasonable costs of rectifying damage


to the Boyd Port Facilities caused by:


(i) a ship; or


(ii) floating or submerged material (if the


damage happened because of the intentional,


reckless or negligent act of the owner of the


material);


(n) decide the amount of, and require a person to give,


a security deposit as security for a liability or debt


incurred in relation to:


(i) the payment of a charge; or


(ii) damage caused, or that may be caused, to the


Boyd Port Facilities;


(o) appropriate or partly appropriate a security deposit


to meet a liability or debt owed to the Company in


relation to:


(i) the payment of a charge; or





(ii) damage caused, or that may be caused, to the


Boyd Port Facilities;


(p) issue port notices for the Boyd Area to control


activities and conduct including, for example:


(i) the movement or mooring of ships at the


Boyd Port Facilities;


(ii) the movement or mooring of ships if the


movement or mooring may affect the


operation of Boyd Port;


(iii) activities by ships moored at the Boyd Port


Facilities if the activities may affect the


operation of Boyd Port;


(iv) the movement, handling or storage of goods


loaded, unloaded or transhipped to or from


ships at the Boyd Port Facilities; or


(v) the movement of persons at the Boyd Port


Facilities;








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(q) display or publish notices requiring the production


of information relevant to:


(i) the provision or use of Port Services;


(ii) the calculation of charges;





(iii) the provision, use or preservation of the


Boyd Port Facilities;


(iv) the management, operation, safety and


efficiency of Boyd Port; or


(v) information requested by a Commonwealth


or State entity; and


(r) deal with, including disposing of, abandoned


property.


(3) The Company's rights under clause 37A(1) apply


despite Chapter 8 of the TIA.


(4) A port authority will not be established under Chapter 8


of the TIA in relation to the Boyd Port.


(5) The rights of the Company in relation to the Boyd Port


must be exercised subject to the powers of:


(a) the general manager under part 14A of the Marine


Safety Act and under the Marine Pollution Act;


and


(b) a harbour master under the Marine Safety Act


about marine safety and navigation within the


Boyd Port.


(6) Before any powers are exercised under the Marine


Safety Act or Marine Pollution Act within the Boyd


Area that may affect the rights of the Company, the


person entitled to exercise the power will consult with


the Company to the extent reasonably practicable.


Failure to comply with this clause 37A(6) does not


affect the validity of the exercise of the power.


(7) Pilotage areas and compulsory pilotage areas covering,


wholly or in part, the Boyd Area or any offshore area


described in subclause 37A(l)(b) above, may be


declared under the Marine Safety Act.








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(8) Following a declaration referred to in clause 37A(7)


above, the provisions in the Marine Safety Act and


associated regulations relating to pilotage areas or


compulsory pilotage areas will apply.





(9) A harbour master may be appointed over the Boyd Area.


(10) Port procedures or information for shipping manuals (or


the like) relating to any pilotage area or compulsory


pilotage area covering, wholly or in part, the Boyd Area


or any offshore area described in subclause 37A(l)(b)


above and issued pursuant to the powers of direction


under the Marine Safety Act must be issued on the basis


that the control and management of the commercial


scheduling of the movement of ships using the Boyd


Port or the Boyd Port Facilities remains the


responsibility of the Company.


(11) Notwithstanding section 102A of the Marine Safety Act,


the Company may provide and use the pilotage services


of persons licensed under a regulation as pilots and


employed or contracted or authorised by the Company


or a contractor of the Company in any pilotage area or


compulsory pilotage area declared in connection with


the Boyd Area or any offshore area described in


subclause 37A(l)(b) above, and to that extent:


(a) such persons are deemed to be pilots for the


purposes of the Marine Safety Act; and


(b) the Company and its contractor (as applicable) are


deemed to be the general employer of such persons


for the purposes of section 101 of the Marine


Safety Act.


(12) The Company may exercise its rights under clauses





37A(1) at any time during the term of the Special


Bauxite Mining Lease, designated ML7024, including


any extension or renewal of it.





(13) The Company must provide quarterly tonnage details of


each commodity type shipped through the Boyd Port


(both inwards or as imports and outwards or as exports)


as follows:








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(a) publish in a format or manner as agreed with the


State the above details for each financial quarter


within the month following the publication by the


Company of its quarterly operations report for the


relevant financial quarter; and


(b) submit to the State the above details aggregated for


each financial year, by 31 August of each year.





(14) In exercising the rights under clause 37A(1), the


Company will not be required to obtain a lease under the


Land Act 1994 for land within the Boyd Area but not


within the area of the Special Bauxite Mining Lease,


designated ML7024.





(15) The Company will not be liable to pay royalties or


similar charges for extractive material removed for the


purposes of exercising the Company rights under clause


37A(2)(g) or (h) if the extractive material is:





(a) disposed of in the Boyd Area or another area


approved by the Minister;


(b) disposed of under relevant statutory environmental


controls; and


(c) not sold by the Company to a third party for


commercial benefit.


(16) Clauses 37 and 39 to 42B do not apply to the Boyd Port


or the Boyd Port Facilities established pursuant to the


Company's rights under clause 37A(1).


(17) Without limiting the rights conferred by clause 37(a) of





this Agreement, the Company may sublease an area


within the boundary of the Special Bauxite Mining


Lease, designated ML 7024, as agreed between the


Company and the State, for the purposes of the


construction and operation of a port and port facilities,


in addition to Boyd Port, for the shipment of bauxite,


provided that nothing in this clause 37A(17) is to be


construed as:


(a) the State approving or agreeing to the basis on


which the sublessee will be permitted to construct,


manage or operate the port or port facilities; and








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(b) limiting or affecting any obligation or requirement


for the Company to seek or obtain approval or


consent to the grant of the sublease, including


under section 300 of the Mineral Resources Act


1989 or as constituting any such approval or


consent.


3. EFFECTIVE DATE





3.1 This Agreement comes into effect on and from the date





notified by the Minister (being the Minister for the State of


Queensland responsible for the administration of the Act) in


the Government Gazette or, if no date is specified, on the date


of the gazettal.








4. GENERAL


4.1 Costs: Each party will bear its own legal costs in relation to


the preparation, execution and performance of this


Agreement.


4.2 No Variation: This Agreement will only be varied by written


agreement signed by both parties.


4.3 Compliance with laws: In performing their respective


obligations and exercising their respective rights, the parties


will comply with all applicable laws and regulations.


4.4 Further assistance: Each party will do all things reasonably


required or requested by the other party to give effect to this


Agreement and to enable that other party to enjoy the rights


and benefits conferred on it by this Agreement.


4.5 Governing law: This Agreement is governed by the laws of


Queensland and the parties submit to the jurisdiction of the


courts of Queensland.


4.6 Counterparts: This Agreement may be executed in one or


more counterparts, and any such counterparts taken together


form one instrument. Execution by fax counterparts is


acceptable.














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Schedule 4





EXECUTED AS AN AGREEMENT





SIGNED for and on behalf of the STATE OF )





QUEENSLAND, acting through the ) ..............


Department of Natural Resources and Mines ) (signature)


by............................................................. (name))


................................................................... (title),)


a duly authorised person, in the presence of: ) ......./......../ 2013


(date)








(signature of witness)











(full name of witness)








SIGNED for and on behalf of RTA WEIPA ) ..............................


PTY LTD ACN 137 266 285 ) (director)


in accordance with s 127 of the Corporations )


Act 2001 (Cth) by)


.................................................................. (name) ) .............................


and........................................................... (name)) (director/secretary)


......./......../ 2013





(date)


SIGNED for and on behalf of RIO TINTO ) ........................


ALUMINIUM PTY LTD ACN 009 679 127 ) (director)


in accordance with s 127 of the Corporations )


Act 2001 (Cth) by )


..................................................................(name)') ........................


and........................................................... (name)) (director/secretary)








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in the presence of: )





......./......../ 2013





(date)

































































































































































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Schedule 5


Schedule 5 Proposed further agreement











section 4E














THIS AGREEMENT is made the_day of_, 20_


BETWEEN STATE OF QUEENSLAND





AND RTA WEIPA PTY LTD, ACN 137 266 285, 123 Albert Street,


Brisbane in the State of Queensland (RTA Weipa) AND RIO TINTO


ALUMINIUM LIMITED (FORMERLY COMMONWEALTH


ALUMINIUM CORPORATION PTY LIMITED and COMALCO


ALUMINIUM LIMITED), ACN 009 679 127, 123 Albert Street,


Brisbane in the State of Queensland (RTAL)


BACKGROUND:


1. Under section 2 of the Commonwealth Aluminium Corporation Pty.


Limited Agreement Act 1957 (the Act), the State and RTAL entered


into an agreement on 16 December 1957, which has been amended


from time to time (the Principal Agreement).


2. The State, RTA Weipa and RTAL have agreed to amend the


Principal Agreement in accordance with the Act to vary the


authorisation for RTA Weipa and RTAL to take or interfere with


water in the Wenlock Basin other than artesian water or subartesian


water connected to artesian water.


IT IS AGREED THAT---





3. The Principal Agreement is amended by deleting clause 32A and


replacing it with new clause 32A, which provides:


“32A.


(1) Subclause (2) prevails to the extent of any inconsistency with


subclauses 31(a) to (e), 31 (g) and clause 32 of the Principal


Agreement.








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(2) RTA Weipa’s and RTAL’s right to take or interfere with water,


other than artesian water or subartesian water connected to


artesian water, in the ‘Wenlock Basin’ (as defined in the Water


Act 2000) is subject to the following specified conditions:





(a) the right to take or interfere with water in the Wenlock


Basin is subject to an annual volumetric limit of 90,000


ML (subject to the sum of the annual volumetric limit


that may be taken under water licences held by RTA


Weipa and RTAL and the holder of mining tenements


for a project for which the Alcan Queensland Pty.


Limited Agreement Act 1965 was enacted, not exceeding


90,000 ML in total);


(b) the location from which the water may be taken or at


which the water may be interfered with is from sources


within or in the vicinity of the western bauxite field


referred to in clause 31(a); and


(c) the period over which RTA Weipa and RTAL may take


or interfere with water continues for the term of this


Agreement, including any future extensions of term.


(3) To remove any doubt, it is declared that subclauses (1) and (2)


do not limit:


(a) the rights of RTA Weipa and RTAL under subclauses





31(a) to (e), 31(g) and clause 32 of the Principal


Agreement to take or interfere with water outside the


Wenlock Basin; or


(b) RTA Weipa’s and RTAL’s right to take or interfere with





artesian water or subartesian water connected to artesian


water in the Wenlock Basin.”





4. This Agreement comes into effect on and from the date notified by


the Minister (being the Minister for the State of Queensland


responsible for the administration of the Act) in the Government


Gazette or, if no date is specified, on the date of the gazettal.


IN WITNESS WHEREOF the parties hereto have executed this


Agreement as at the day and year first written above.











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Schedule 5











S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY


THE HONOURABLE








MINISTER FOR








In the presence of











Executed in accordance with section 127


of the Corporations Act 2001 by


RTA Weipa Pty Ltd (ACN 137 266 285):














Witness Signature Signature








Print Name








Executed in accordance with section 127


of the Corporations Act 2001 by





Rio Tinto Aluminium Limited (ACN


009 679 127):














Director Signature Director/Secretary signature








Print Name Print Name





END OF FURTHER AGREEMENT


























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 Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957


Endnotes








1 Index to endnotes


2 Key





3 Table of reprints


4 List of legislation


5 List of legislation for variation of agreement (see Act section 4)


6 List of annotations





2 Key





Key to abbreviations in list of legislation and annotations








Key Explanation Key Explanation


AIA = Acts Interpretation Act (prev) = previously


1954


amd = amended proc = proclamation





amd = amendment prov = provision


t





ch = chapter pt = part


def = definition pubd = published


div = division R[X] = Reprint No. [X]





exp = expires/expired RA = Reprints Act 1992


gaz = gazette reloc = relocated





hdg = heading renu = renumbered


m


ins = inserted rep = repealed





lap = lapsed (retro = retrospectively


)


notf = notified rv = revised version


d





num = numbered s = section





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Endnotes





Key Explanation Key Explanation





o in = order in council sch = schedule


c


om = omitted sdiv = subdivision





orig = original SIA = Statutory Instruments Act


1992





P = page SIR = Statutory Instruments


Regulation 2012





para = paragraph SL = subordinate legislation


prec = preceding sub = substituted


pres = present u n nu = unnumbered


in





prev = previous








3 Table of reprints


A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary


Counsel each time a change to the legislation takes effect.


The notes column for this reprint gives details of any discretionary editorial powers under


the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in


preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory


requirements that all amendments be included and all necessary consequential


amendments be incorporated, whether of punctuation, numbering or another kind. Further


details of the use of any discretionary editorial power noted in the table can be obtained by


contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003


9601 or email legislation-queries @ oqpc.qld. gov.au.


From 29 January 2013, all Queensland reprints are dated and authorised by the


Parliamentary Counsel. The previous numbering system and distinctions between printed


and electronic reprints is not continued with the relevant details for historical reprints


included in this table.





Reprint Amendments Effective Reprint date


No. included


1 Act No. 57 of 1995 28 November 1995 3 May 1996





1A rv Act No. 20 of 2000 1 July 2000 1 July 2000





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Endnotes











Reprint Amendments Effective Notes


No. included





IB 2010 Act No. 52 10 December 2010


1C 2010 Act No. 44 30 January 2012








Current as at Amendments Notes


included





I July 2013 2013 Act No. 16


II September 2015 2014 Act No. 64











4 List of legislation





Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 6 Eliz 2


No. 29


date of assent 12 December 1957


sch commenced 16 December 1957 (see s 2 and proc pubd gaz 22 March 1958 p


1328)


remaining provisions commenced on date of assent


amending legislation---


Statute Law Revision Act 1995 No. 57 ss 1-2,4 sch 1


date of assent 28 November 1995


commenced on date of assent


GST and Related Matters Act 2000 No. 20 ss 1,2(4), 29 sch 3


date of assent 23 June 2000


ss 1-2 commenced on date of assent


remaining provisions commenced 1 July 2000 (see s 2(4))


Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1-2, ch 4 pt 15


date of assent 14 October 2010


ss 1-2 commenced on date of assent


remaining provisions commenced 30 January 2012 (2011 SL No. 262)


Natural Resources and Other Legislation Amendment Act (No. 2) 2010 No. 52 pts 1,


3


date of assent 1 December 2010


ss 1-2 commenced on date of assent


remaining provisions commenced 10 December 2010 (2010 SL No. 351)


Gasfields Commission Act 2013 No. 16 ss 1-2, pt 7 div 2


date of assent 29 April 2013


ss 1-2 commenced on date of assent





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Endnotes





remaining provisions commenced 1 July 2013 (see s 2)


Water Reform and Other Legislation Amendment Act 2014 No. 64 ss 1,2(2), pt 3


date of assent 5 December 2014


ss 1-2 commenced on date of assent


remaining provisions commenced 11 September 2015 (2015 SL No. 122) (previous


proclamation 2014 SL No. 333 item 2 was amd (2015 SL No. 2))


5 List of legislation for variation of agreement


(see Act section 4)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1964)


agr made 4 September 1964


approved by Governor in Council 13 August 1964 (o in c pubd gaz 15 August 1964


pp 1609-11)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1965)


agr made 27 January 1965


approved by Governor in Council 14 January 1965 (o in c pubd gaz 16 January 1965


pp 125-8)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1965) (No. 2)


agr made 4 June 1965


approved by Governor in Council 13 May 1965 (o in c pubd gaz 15 May 1965 pp


321-6)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1968)


agr made 27 July 1968


approved by Governor in Council 25 July 1968 (o in c pubd gaz 27 July 1968 pp


1438-9)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1972)


agr made 14 December 1972


approved by Governor in Council 7 December 1972 (o in c pubd gaz 9 December


1972p 1695)


Commonwealth Aluminium Corporation Pty. Limited Agreement (1973)


agr made 14 December 1973


approved by Governor in Council 13 December 1973 (o in c pubd gaz 15 December


1973 p 1864)


Commonwealth Aluminium Corporation Pty. Limited Agreement Regulation 1993


SL No. 105


notfd gaz 8 April 1993


commenced on date of notification

















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Endnotes





6 List of annotations





Execution of agreement authorised


s 2 amd 2010 No. 52 s 10


Executed agreement to have force of law


s 3 amd 1995 No. 57 s 4 sch 1


Variation of agreement


s 4 sub 1995 No. 57 s 4 sch 1


amd 2010 No. 52 s 11


Application of GST to rents after 30 June 2005


s 4A ins 2000 No. 20 s 29 sch 3


Declaration for Commonwealth Act


s4B ins 2010 No. 44 s 94


Authorisation of variation by further agreement


s 4C ins 2010 No. 52 s 12


Authorisation of variation by further agreement


s 4D ins 2013 No. 16 s 50


Authorisation of variation by further agreement


s 4E ins 2014 No. 64 s 7


Regulation making power


s 5 sub 1995 No. 57 s 4 sch 1


SCHEDULE 1---THE AGREEMENT


sub 2010 No. 52 s 13(1)


num 2010 No. 52 s 13(2)


SCHEDULE 2---PROPOSED FURTHER AGREEMENT


ins 2010 No. 52 s 14


SCHEDULE 3---PROPOSED FURTHER AGREEMENT


ins 2010 No. 52 s 14


SCHEDULE 4---PROPOSED FURTHER AGREEMENT


ins 2013 No. 16 s 51


SCHEDULE 5---PROPOSED FURTHER AGREEMENT


ins 2014 No. 64 s 8





© State of Queensland 2017




















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