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 • AUDAX • AT • FI DELIS •


Queensland











Alcan Queensland Pty. Limited


Agreement Act 1965














Current as at 11 September 2015


 i H- AUDAX • AT • F1DELIS +


Queensland


Alcan Queensland Pty. Limited Agreement


Act 1965


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....................... 4


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


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


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


Schedule 1 The Agreement ..................................... 6


Schedule 2 Proposed further agreement .......................... 69


Schedule 3 Proposed further agreement .......................... 72


Schedule 4 Proposed further agreement .......................... 75


 Alcan Queensland Pty. Limited Agreement Act 1965


[si]








Alcan Queensland Pty. Limited Agreement Act





1965








An Act with respect to an agreement between the State and


Alcan Queensland Pty. Limited; and for purposes incidental


thereto and consequent thereon














1 Short title


This Act may be cited as the Alcan Queensland Pty. Limited


Agreement Act 1965.








2 Execution of agreement authorised


The Premier and Minister for State Development is hereby


authorised to make, for and on behalf of the State, with Alcan


Queensland Pty. Limited, a company duly incorporated in the


said State and having its registered office at 163 Adelaide


Street, Brisbane, in the said State, the agreement a draft of


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


Note---


Since the making of the agreement, Alcan Queensland Pty. Limited has


changed its name to Alcan South Pacific Pty Ltd.





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---


(a) by further agreement between the State and the


company; and


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[s4A]





(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.








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).





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[s4C]





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.


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 only contains


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 sixty- BETWEEN THE


STATE OF QUEENSLAND of the one part AND ALCAN


QUEENSLAND PTY. LIMITED a company duly


incorporated in the State of Queensland and having its


registered office at 163 Adelaide Street, Brisbane, in that State


(hereinafter with its successors and permitted assigns called


“the Company”) of the other part


WHEREAS ALUMINIUM LABORATORIES LIMITED is


the holder of Authority to Prospect Number 53 M issued


pursuant to section 23A of The Mining Acts which said


Authority to Prospect bestows 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 ALUMINIUM LABORATORIES 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 Authority 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














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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


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 of this Agreement;


“Associated Company” means and includes Aluminium


Limited a company duly incorporated in Canada any of its


subsidiary companies and any Company associated directly or


indirectly with the Company in its business or operations;


“bauxite field” means all that land particulars whereof are set


out in the First Schedule hereto;


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





1964” (and any Act amending or in substitution for those


Acts);


“Comalco” means Commonwealth Aluminium Corporation


Limited a company incorporated in the State of Queensland








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whose registered office is at 231 George Street, Brisbane, in


the said State;


“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


a designated mineral for the purposes of this Agreement or of


any lease licence or other right granted hereunder;


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


term of the special bauxite mining lease of the bauxite field


granted pursuant to clause 8 hereof;


“Land Acts” means “The Land Acts, 1962 to 1964”;


“Local Government Acts” means “The Local Government


Acts, 1936 to 1964” 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 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 9 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 24 hereof;


“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 33 hereof;








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“the Town Commission” means the Town Commission


constituted pursuant to clause 36 hereof;


“the Tribunal” means the Tribunal constituted pursuant to


clause 50 hereof;


The singular includes the plural and the plural 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 Alcan


Queensland Pty. Limited Agreement Act of 1965.”


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 1964.”





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 Authority to Prospect


No. 53 M, the Company shall make such arrangements with


Aluminium Laboratories Limited as will enable the Company


to furnish to the Minister and shall on or before the thirtieth


day of June, 1964, furnish to the Minister comprehensive


reports on all the investigations carried out by the Company


and Aluminium Laboratories Limited in respect of designated


minerals on those portions of the said Authority to Prospect


No. 53 M that are to be included in the Special Bauxite


Mining Lease in accordance with clause 8 of this Agreement.


Such reports shall deal with all work done on those portions


up to and including the thirty-first day of December, 1963,


and shall comprise details of investigations surveys boring








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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 the State 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.


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;








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(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 production of


aluminium from bauxite mined from the bauxite field


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 ten years from the


preceding investigation make further investigations and


furnish to him results as aforesaid; and





Cd) Make such investigations and surveys as it may consider


necessary for determining the areas within the Special


Bauxite Mining Lease required for residential


agricultural and pastoral purposes to service the mining,


treatment and other operations of the Company:


Provided that the obligations of the Company under this


subclause 4(2) shall not apply so long as the Company shall


comply with its obligations under clause 14 hereof in the case


of subparagraphs (a) and (b) of this subclause and shall


commence the construction of a plant as specified in clause


15(c)(i) hereof in the case of subparagraph (c) of this


subclause.








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, 1964, provide the Minister with


particulars of any geological and geophysical investigations it


makes in relation to designated minerals on the Special








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Bauxite Mining Lease in accordance with existing practice


and upon the surrender by the Company to the State of any


area comprised in the Special Bauxite Mining Lease 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


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. Subject to the rights conferred upon Comalco under the


provisions of “The Commonwealth Aluminium Corporation


Pty. Limited Agreement Act of 1957” 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 in the vicinity of the


bauxite field as from time to time shall be specified by the


Governor in Council.








8. Subject to Aluminium Laboratories Limited surrendering


Authority to Prospect No. 53 M, the State shall forthwith


grant to the Company a Special Bauxite Mining Lease for the


bauxite field for an initial term of eighty-four (84) years


which shall be deemed to have commenced on the First day of


January, 1964.

















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9. The purposes for which Special Bauxite Mining Leases shall


be granted shall be---


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


(subject to the provisions of clause 22 of this


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, 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.


10. (a) Notwithstanding the provisions of any other Act or


Regulation to the contrary, every Special Bauxite


Mining Lease shall be in the form and contain the


conditions set out in the Second 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





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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 Authority to Prospect No. 53 M


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.








11. 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


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


expiration of the extended term.








12. 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











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Schedule 1








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.








13. 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, 1964, at the annual rate of £2 Os. Od. per


square mile;


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





day of January, 1969, at the annual rate of £4 Os. Od. per


square mile; and


(iii) thereafter at such annual rate (hereafter 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,


1985, 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 20 thereof but in no


case shall such annual rate be less than £15 Os. Od. per


square mile.





14. The Company shall, on or before the date of execution by the





Company of these presents, produce to the Minister a duly


executed Agreement or other document, that the Minister in


his discretion deems satisfactory for the purpose of this


clause, evidencing that the Company has entered into a legally


binding agreement with Queensland Alumina Limited


(whether in conjunction with any other Company or


Companies or not) whereby Queensland Alumina Limited


shall construct and operate at or near Gladstone in the said


State an alumina processing plant of a planned initial capacity


of not less than three hundred thousand (300,000) short tons








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of alumina per annum (hereafter in this Agreement referred to


as “the processing plant”). Such Agreement as aforesaid shall


contain provisions to the following force and effect:---


(a) The Company’s minimum contribution towards the


equity capital of Queensland Alumina Limited shall be


not less than such sum as will bear to the total equity


capital of that Company the same proportion as one


hundred thousand (100,000) short tons of alumina bears


to the total annual capacity of the processing plant


measured in short tons of alumina;


(b) The Company shall after the processing plant comes


into production as provided in paragraph id) of this


present clause be legally bound to have tolled for it by


Queensland Alumina Limited bauxite into alumina to


provide annually not less than one hundred thousand


(100,000) short tons of alumina or to pay to Queensland


Alumina Limited each year a sum to compensate it for


the loss of production in the year of such portion of the


aforesaid one hundred thousand (100,000) short tons of


alumina as is not tolled from bauxite for the Company or


for any other Participant in Queensland Alumina


Limited in the place of the Company;


(c) The period during which the Company shall be required


to have bauxite tolled into alumina by the processing


plant of Queensland Alumina Limited as described in


paragraph (b) of this clause shall be not less than twenty


(20) years;


(d) The parties to the said Agreement are to be required


thereby (consistently with a sound construction


programme) to take all steps reasonably available to


have the processing plant come into production in the


year One thousand nine hundred and sixty-seven.


15. Subject to the provisions of clause 48 of this Agreement the





Company or any Associated Company shall, after the


processing plant referred to in clause 14 of this Agreement


comes into production and during the currency of the Special


Bauxite Mining Lease either---








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(a) Be complying with all of its obligations towards


Queensland Alumina Limited referred to in paragraph


(b) of clause 14 of this Agreement for the period of not


less than twenty (20) years referred to in paragraph (c)


of the said clause; or


(b) After the expiration of such period of not less than


twenty (20) years be tolling with Queensland Alumina


Limited bauxite to provide the Company with not less


than fifty thousand (50,000) short tons of alumina


annually or be purchasing from Queensland Alumina


Limited that quantity of alumina annually; or


(c) In the event that the Company should sell or otherwise


dispose of its share in the equity capital of Queensland


Alumina Limited as referred to in paragraph (a) of


clause 14 of this Agreement or if for any reason


whatsoever the Agreement first mentioned in clause 14


of this Agreement shall cease to be binding on the


Company:---


(i) Be constructing in the State a plant for the





production of not less than one hundred thousand


(100,000) short tons of alumina annually, or of not


less than twenty thousand (20,000) short tons of


aluminium annually, from bauxite mined from the


bauxite field provided that the construction of such


plant shall be completed and the plant producing


alumina or aluminium as the case may be at the


rate specified in paragraph (ii) of this present


subclause (c) within a period of five (5) years from


the date of the Company ceasing to own its share


of the equity capital of Queensland Alumina


Limited as referred to in paragraph (a) of clause


14, and provided that the Company shall spend a


sum of not less than three million pounds


(£3,000,000) on the said plant within the period of


two years of the commencement of the said period


of five (5) years; or


(ii) Be producing from bauxite mined from the bauxite





field not less than fifty thousand (50,000) short


tons of alumina annually or ten thousand (10,000)








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short tons of aluminium annually in any plant


operated by the Company in the State:


Provided always that the alumina tolled for or purchased by


the Company by or from Queensland Alumina Limited in


accordance with the provisions of this present clause shall be


made from bauxite mined from the bauxite field or from


Special Bauxite Mining Lease No. 1 granted under the


provisions of “The Commonwealth Aluminium Corporation


Pty. Limited Agreement Act of 1957.”








16. During the currency of the Special Bauxite Mining Lease and


whilst it is complying with the provisions of clause 15 of this


Agreement the Company shall be at liberty to export from the


State in such quantities and at such times as the Company may


from time to time determine bauxite mined either from lands


the subject of such Special Bauxite Mining Lease or by


arrangement with Comalco from lands the subject of Special


Bauxite Mining Lease No. 1 granted to Comalco under the


provisions of “The Commonwealth Aluminium Corporation


Pty. Limited Agreement Act of 1957.”








17. 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;








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(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.





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 Act of 1964,” or any future


amendments or modifications thereof shall extend and apply


to all mines (as defined in that Act) 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 Act 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.








18. The Company shall 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 such Special Bauxite Mining Lease.


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








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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 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 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 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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19.(1) The Company shall pay to the State as and by way of


royalty---


(i) in respect of designated minerals other than bauxite and


other than coal mined from lands subject to the Special


Bauxite Mining Lease and 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 bauxite mined from lands subject to the


Special Bauxite Mining Lease and processed into


alumina or aluminium within the State, a royalty of six


pence (6d.) per dry long ton;


(iii) in respect of bauxite mined from lands subject to the


Special Bauxite Mining Lease and exported from the


State, pursuant to the authority in that behalf contained


in clause 16 of this Agreement, a royalty of one shilling


(Is.) per dry long ton;


(iv) in respect of coal mined from lands subject to the


Special Bauxite Mining Lease and 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;


(v) in respect of shell, shell grit, coral and other calcium


bearing materials sold or disposed of to other persons or


used by the Company, a royalty at the rate of three pence


(3d.) per ton:





Provided however that the rates of royalty set out in


paragraphs (i) to (v) both inclusive of this subclause


(hereinafter in this Agreement called “the basic royalty rates”)


shall be subject to adjustment as from the First day of January,


1985, 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 20 of this Agreement:








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Provided further that in no case shall such rates of royalty be


reduced by such adjustment below those obtaining at the date


of this Agreement.


(2) For the purpose of ascertaining the royalties payable under


this clause no material removed from designated minerals


bauxite or coal whether by hand picking, screening, washing


or similar process shall be deemed to have been used by the


Company.








20. (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


by clauses 13 and 19 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 13


or 19 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.








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


(a) to win from the Special Bauxite Mining Lease 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) subject to the prior rights of Comalco under the


provisions of “The Commonwealth Aluminium


Corporation Pty. Limited Agreement Act of 1957” to


draw water from the sea and estuaries in or adjacent to


the Special Bauxite Mining Lease and to win and use


any salt and other minerals contained therein and also to


use such water for cooling and other purposes.





22. 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 1962,” 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, or the time of renouncement by the Company of its


rights under clause 18, 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








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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.





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 1962,” “The Coal Mining


Acts, 1925 to 1964” and “The Mining for Coal and Mineral


Oil Acts, 1912 to 1941,” are reserved.








23. It is expressly agreed and declared that the rights of


Aluminium Laboratories Limited under its aforementioned


Authority to Prospect and any extension thereof shall continue


in force subject only to clauses 8 and 22 hereof and to the


rights of the Company under this Agreement or under any


lease granted pursuant to the provisions hereof.








24. 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 one or both


forms set out in the Third 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.








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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 “77ie Miners’ Homestead Leases Acts, 1913 to 1964,”


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.








25. 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


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 Ducie


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 granted to the Company


pursuant to the provisions of clause 8 of this Agreement, but


each such mineral lease or special mineral lease shall be


subject to all other provisions of the Mining Acts.








26. 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 production of


aluminium from bauxite mined from the bauxite field and for


other associated purposes, the State shall, subject always to


the then existing rights of other persons and to statutory power








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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, by the


Company.








27. (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 clause 8 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 44 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











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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.


28. Subject to the rights conferred upon Comalco under the





provisions of “The Commonwealth Aluminium Corporation


Pty. Limited Agreement Act of 1957” and 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---


(a) To obtain water from the Wenlock River and the Ducie


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 bauxite field and the right to use, 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.


(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








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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


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.


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


prospecting or mining operations on the 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 bauxite field


quantities of water not exceeding a total of 40,000 acre


feet in any one year, provided however that the Minister








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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 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 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:


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 bauxite field.


(0 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








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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.


(/) 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


bauxite field or on or in the vicinity of the named rivers


and their catchment area shall be so limited or


controlled that the quantity of water otherwise available


to the Company is not thereby diminished.





(/) 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








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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.





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


wells and to obtain water from sub-artesian sources


within the bauxite field. Should any other person sink or


propose to sink any sub-artesian bore or well within or


in the vicinity of the 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 1964,” shall operate in


relation to sub-artesian wells;


(ii) 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 1964.”





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.








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Conditions of the license may also require the flow be


reticulated from the bore by a closed pipe-line 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.








30. (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 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 28, 29 and


30 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 28, 29 and 30 the term





“Minister” shall mean the Minister for Local


Government and Conservation or other Minister of the


Crown for the time being administering “The Water





Acts, 1926 to 1964.”








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


any river stream or watercourse within or in the vicinity of the


bauxite field shall revert to the State without payment to the


Company.





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





rivers streams and estuaries in or adjacent to the special


Bauxite Mining Lease 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.





33. (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 Special Bauxite Mining Lease


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.


(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 27 hereof for the purpose


of identifying the area or areas in question; and














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(ii) a general scheme for any proposed town site


including provision for roads drainage open spaces


reserves local public utilities services and


amenities.








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


made in pursuance of the provisions of clause 33 hereof


excluding from the Area of any existing Local Authority


any area or areas within the Special Bauxite Mining


Lease 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 33 hereof or its or


their inclusion in the said separate Local Authority


Area.


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





Local Authority Area and subject to paragraph (c) of


this clause and to clause 36 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


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;








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(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.








36. (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 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.








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(,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 election of other Local


Authorities.


(id) 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.


(/) 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


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.








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(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.





37. 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 35 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


shall cease to have and exercise the powers functions and


authorities conferred on it by the said clause 35 hereof.





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


reimburse to the Company or to an Associated Company











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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 37 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


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








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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 for Local


Government and Conservation 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 38 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


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








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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 unless a lesser


amount shall be mutually agreed less the deduction of


an appropriate allowance to cover depreciation,


obsolescence or other deterioration and failing such


mutual agreement as shall be determined by the tribunal.


(g) 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 Town


Commission to the Company or Associated Company of


such amount of principal and/or interest as shall be


payable in that financial year by the Town Commission


under or in respect of any contract or agreement entered


into by the Town Commission with the Company or the


Associated Company in pursuance of the provisions of


this clause 38.


The Governor in Council without being under any obligation





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


Commission under or in respect of any contract or agreement


entered into by the Town Commission with the Company or


the Associated Company in pursuance of the provisions of





this clause 38.


For the purpose of this clause 38 the Town Commission shall


be deemed to be a “Local Body” within the meaning of “The


Local Bodies’ Loans Guarantee Acts, 1923 to 1957,” and the








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amount payable under any such contract or agreement to be


money authorised to be borrowed by the Town Commission


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.








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


Special Bauxite Mining Lease shall at all times be excluded


from all the provisions of “The Landlord and Tenant Acts,


1948 to 1957.”





40. The State shall provide and maintain medical hospital and





educational facilities for the Town on the same basis as that 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.





41. 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.


42. 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








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the rights granted and intended to be granted under this


Agreement.





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


the appropriate Local Authority for the dedication of any land


within the Special Bauxite Mining Lease 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.


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





Bauxite Mining Lease of any area or areas of land situate


outside the boundaries of 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.





45. 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 35 and 40 hereof and in that event all references


to the Company in clauses 35, 37 and 38 hereof as the


case may be shall be deemed to be references to the


Associated Company so appointed.





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


Company for access from or to the internal boundary of


a Special Bauxite Mining Lease to or from the coast


such person may make application to the Minister for








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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


Special Bauxite Mining Lease 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


hereunder or arising herefrom shall not be impeded


thereby; and


(iii) no part of the land comprised in a Special Bauxite


Mining Lease 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.














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47. (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


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.


id) 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








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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.





48. (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


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 18 of this Agreement;





(iii) fails neglects or refuses to comply with and


observe the terms provisions and conditions of


clauses 14 and 15 of this Agreement;


(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 surrender any land or


any area or areas of land in accordance with the


provisions of clause 47 of this Agreement,


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








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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


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 lastmentioned


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.








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(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 nor shall the


requirement to be complying with the provisions of


clause 15 mentioned in clause 16 be operative 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 or machinery, inability of the Company in the


opinion of the Governor in Council to sell or otherwise


dispose of bauxite alumina or aluminium in reasonable





quantities or any other cause whatsoever beyond the


control of the Company.


(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, or the


Governor in Council, if the circumstances so warrant,


may cancel in whole or in part the Company’s obligation


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


during such period as he may see fit.








49. 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











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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.








50. (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.


(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.


(/) 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








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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.


(0 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


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.








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(/) 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.








51. 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.





52. 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.





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


the time being in force in the State.





54. 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








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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


solicitor 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.





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





hereof be eighty-four years which shall be deemed to have


commenced on the first day of January, 1964, 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 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.








56. The State will, to the extent of its power and authority so to do


under or pursuant to the laws for the time being in force, use


its best endeavours to enable the Company to obtain a suitable


site on Port Musgrave with all necessary facilities including


access for the processing and shipping of bauxite (including


products thereof) from the Special Bauxite Mining Lease and


without affecting the generality of the foregoing in


particular---











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(a) If the Company is unable to arrange for access from or


to the boundary of its Special Bauxite Mining Lease to


or from the coast upon reasonable terms and makes


application to the Minister for permission for such


access, the Minister shall, subject to the provisions





contained in that behalf in clause 56 of the Agreement a


copy of which is set out in the Schedule to “77z

Commonwealth Aluminium Corporation Pty. Limited


Agreement Act of 1957,” authorise the Company to have


access over a suitable route to be specified by the


Minister from or to the boundary of the Special Bauxite


Mining Lease to or from the coast.


(b) If the Company is unable to arrange for a suitable site on


Port Musgrave for all necessary facilities to ship bauxite


(including products thereof) from the Special Bauxite


Mining Lease upon reasonable terms and makes


application to the Minister for the provision of such site,


the State shall on terms as to finance and otherwise to be


agreed between the Company and the Minister exercise


the powers conferred upon it by clause 57 of the said


Agreement referred to in the immediately preceding


paragraph of this present clause.




































































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First Schedule





Parishes: Agnew, Barlow, Batavia, Burdett, Dumfries, Dunblane,


Eglinton, Egmont, Ely, Pennefather, Skardon, Stormont.


Counties: Dulhunty, Jardine, Weipa.





Area: About 536 sq. miles.


That part of the State of Queensland within the following


boundaries; Commencing on the eastern boundary of the


Western Bauxite Field as established under “The


Commonwealth Aluminium Corporation Pty. Limited


Agreement Act of 1957” at a monument marked ASBML1-K2


at about longitude 142° 07' 45" E and about latitude 11° 48'


10" S and thence by direct lines having initial true bearings


and lengths as follows; 20° 08' 00", 48 chains 80 links to a


monument marked AAL1 at about longitude 142° 07' 56" E


and about latitude 11° 47' 40" S; about 90° 01', about 544


chains to a monument marked AAL2 at about longitude


142° 13' 57" E and about latitude 11° 47' 40" S; about 180°,


about 2679 chains to a monument marked AAL3 at about


longitude 142° 13’ 57" E and about latitude 12° 16’ 54" S;


about 269° 59’, about 1050 chains to a monument marked


AAL4 at about longitude 142° 02' 18" E and about latitude 12°


16' 54" S; about 180°, about 1201 chains to a monument


marked AAL5 on the boundary of the Western Bauxite Field,


thence by that Field 269° 58' 51", 960 chains and 73 links to a


monument marked ASBML1-B2 at about longitude 141° 51'


38" E and about latitude 12° 30' south; about 360°, about 1650


chains to a monument marked ASBML1-C2 at about longitude


141° 51' 38" E and about latitude 12° 12' S; about 83°, about


1464 chains to a monument marked ASBML1-T2 at about


longitude 142° 07' 45" E and about latitude 12° 10' 03" S;


about 360°, about 2005 chains to the point of commencement.


























Current as at 11 September 2015 Page 53


Authorised by the Parliamentary Counsel


Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 1








Second Schedule


Queensland








No.


“The Alcan Queensland Pty. Limited Agreement





Act of 1965”


Special Bauxite Mining Lease





} ELIZABETH THE SECOND, by the Grace of


County


Parish


Date of Lease other Realms and Territories, Queen, Head of the


Commonwealth, Defender of the Faith





TO ALL TO WHOM THESE PRESENTS SHALL COME,


GREETING:


WHEREAS, in conformity with the provisions of “The Alcan


Queensland Pty. Limited Agreement Act of 1965” and of an


Agreement dated and made between Our State of


Queensland and Alcan Queensland 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 Alcan Queensland 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 Alcan Queensland Pty. Limited its successors


and permitted assigns the same being hereinafter designated


the Lessee ALL THAT Parcel of Land situated on the Cape








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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;


id) 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 1964


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








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Schedule 1








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 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 1962”) 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 22 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 13 of the said


Agreement,


PROVIDED ALWAYS and these presents are upon the


conditions following that is to say:---





(1) That the Lessee shall well and truly pay or cause to be


paid unto Us Our Heirs and Successors the rent hereby








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reserved when and as the same shall become payable in


manner hereinbefore appointed for that purpose. Subject


to the provisions of clause 48 of the said Agreement 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 Lease on payment of the arrears of rent due with


accrued penalty;


(2) That subject to the provisions of clause 48 of the said


Agreement the Lessee or any Associated Company (as


defined in the said Agreement) of the Lessee shall after


the processing plant referred to in clause 14 of the said


Agreement comes into production and during the


currency hereof:---


(a) be complying with all of its obligations towards





Queensland Alumina Limited referred to in


paragraph (b) of clause 14 of the said Agreement


for the period of not less than Twenty (20) years


referred to in paragraph (c) of the said clause; or


(b) after the expiration of such period of not less than


Twenty (20) years be tolling with Queensland


Alumina Limited bauxite to provide the Company


with not less than Fifty thousand (50,000) short


tons of alumina annually or be purchasing from


Queensland Alumina Limited that quantity of


alumina annually; or


(c) in the event that the Lessee should sell or otherwise


dispose of its share in the equity capital of


Queensland Alumina Limited as referred to in


paragraph (a) of clause 14 of the said Agreement


or if for any reason whatsoever the Agreement first








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mentioned in clause 14 of the said Agreement shall


cease to be binding on the Company:---


(i) be constructing in the State a plant for the





production of not less than One hundred


thousand (100,000) short tons of alumina


annually, or of not less than Twenty thousand





(20,000) short tons of aluminium annually,


from bauxite mined from the bauxite field,


provided that the construction of such plant


shall be completed and the plant producing


alumina or aluminium as the case may be at


the rate specified in paragraph (ii) of this


present subclause (c) within a period of Five


(5) years from the date of the Lessee ceasing


to own its share of the equity capital of


Queensland Alumina Limited as referred to


in paragraph (a) of clause 14, and provided


that the Lessee shall spend a sum of not less


than Three million pounds (£3,000,000) on


the said plant within the period of Two years


of the commencement of the said period of


Five (5) years; or


(ii) be producing from bauxite mined from the





bauxite field not less than Fifty thousand


(50,000) short tons of alumina annually or


Ten thousand (10,000) short tons of


aluminium annually in any plant operated by


the Lessee in the State;





PROVIDED ALWAYS that the alumina tolled for


or purchased by the Company by or from


Queensland Alumina Limited in accordance with


the provisions of this present clause (2) shall be


made from bauxite mined from the bauxite field or


from Special Bauxite Mining Lease No. 1 granted


under the provisions of “The Commonwealth


Aluminium Corporation Pty. Limited Agreement


Act o/1957”;


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


possession of the land hereby demised or any part








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Schedule 1








thereof otherwise than in accordance with the provisions


of paragraph (e) of clause 10 of the said Agreement;


(4) 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;


(5) Subject to the provisions of clause 48 of the said


Agreement 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 Lessee disputes


that it is so in default the question whether or not the


Lessee 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


Lease upon such conditions as the Governor in Council


may determine;








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Schedule 1








(6) The Lessee shall not be deemed to have failed to carry


out any of its obligations under this Lease nor shall the


requirement to be complying with the provisions of


clause 15 mentioned in clause 16 of the said Agreement


be operative if such 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, breakdown of


plant or machinery, inability of the Lessee in the opinion


of the Governor in Council to sell or otherwise dispose


of bauxite alumina or aluminium in reasonable


quantities or any other cause whatsoever beyond the


control of the Lessee, AND FURTHER the Lessee shall


not be deemed to have failed to carry out an obligation


under this Lease if that obligation is cancelled or


deferred by the Governor in Council pursuant to the


provisions of paragraph (e) of clause 48 of the said


Agreement;


(7) That upon any forfeiture or other determination of this


Lease, the Lessee shall have the right, subject to


payment of all money 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 1964,” “The


Miners’ Homestead Leases Acts, 1913 to 1964” 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;





(£>) to remove from the said lands and to sell or dispose


of any of its works within such time as the


Governor may consider reasonable


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








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Schedule 1








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 We have caused this Our Lease


to be sealed with the Seal of Our said State.


































































































Current as at 11 September 2015 Page 61


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Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 1








Third Schedule No. 1





Queensland








No.


Vol.


Fol.








“The Alcan Queensland Pty. Limited Agreement


Act of 1965”


and





“The Miners’ Homestead Leases Acts, 1913 to


1964”





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 the


Parish Grace of God, of the United


Area Acres Roods Perches Kingdom, Australia, and Her other


Date of Lease Realms and Territories, Queen, Head


of the Commonwealth, Defender of


the Faith.





TO ALL TO WHOM THESE PRESENTS SHALL COME,


GREETING:


WHEREAS in conformity with “The Alcan Queensland Pty.


Limited Agreement Act of 1965” and “The Miners ’ Homestead


Leases Acts, 1913 to 1964” hereinafter called “the said Acts”


ALCAN QUEENSLAND 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








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Schedule 1








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 ALCAN QUEENSLAND 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 1962”


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








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Schedule 1








Private Land Acts, 1909 to 1956”) and all petroleum (the term


“Petroleum” to have the same meaning as in “The Petroleum


Acts, 1923 to 1962”) 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 person 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 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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 Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 1








Third Schedule No. 2








Queensland





No.


Yol.


Fol.








“The Alcan Queensland Pty. Limited Agreement


Act of 1965”





and


“The Miners’ Homestead Leases Acts, 1913 to





1964”


SPECIAL PERPETUAL MINING PURPOSES LEASE for





residential, business, agricultural or pastoral purposes.





County


Parish


Area Acres Roods Perches





Date of Lease








TO ALL TO WHOM THESE PRESENTS SHALL COME,


GREETING:


WHEREAS in conformity with “The Alcan Queensland Pty.





Limited Agreement Act of 1965” and “The Miners’ Homestead


Leases Acts, 1913 to 1964” hereinafter called “the said Acts”


Alcan Queensland 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








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YE that in consideration of the premises, WE DO HEREBY,


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


said Alcan Queensland 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 1962”


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.








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Schedule 1








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 “77ie Petroleum


Acts, 1923 to 1962”) 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 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.








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Schedule 1








IN TESTIMONY WHEREOF We have caused this Our Lease


to be Sealed with the Seal of Our said State.


IN WITNESS WHEREOF the Parties hereto have executed


these presents on the day and year aforesaid.


SIGNED by THE


HONOURABLE GEORGE


FRANCIS REUBEN NICKLIN,


Premier and Minister for State


Development of the State of


Queensland for and on behalf of


the said State


In the presence of





THE COMMON SEAL of


ALCAN QUEENSLAND PTY.


LIMITED was hereto affixed





In the presence of





ALUMINIUM LABORATORIES LIMITED doth hereby consent to the


provisions of the within Agreement.


SIGNED SEALED and


DELIVERED for and on behalf of


ALUMINIUM LABORATORIES


LIMITED by its duly constituted


attorney








In the presence of
































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Schedule 2


Schedule 2 Proposed further agreement








section 4C








THIS AGREEMENT is made this_day of_, 20_


BETWEEN STATE OF QUEENSLAND


AND


ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN


QUEENSLAND PTY LIMITED), ACN 009 726 078, Level 2, 443


Queen Street, Brisbane in the State of Queensland (the Company).


BACKGROUND:


1. Under section 2 of the Alcan Queensland Pty Limited Agreement


Act 1965 (the Act), the State and the Company entered into the


agreement set out in Schedule 1 of the Act (the Principal


Agreement).


2. The Principal Agreement may be varied by agreement between the


Minister and the Company if authorised under the Act.


3. The State and the Company wish to vary the Principal Agreement.


IT IS AGREED THAT---





1. The first paragraph of the Recitals of the Principal Agreement is


amended by deleting the words “(hereinafter with its successors


and permitted assigns called “the Company”);





2. Clause 1 of the Principal Agreement is amended by inserting the


following definition - “The Company” means “Alcan South Pacific


Pty Ltd (ACN 009 726 078) (formerly Alcan Queensland Pty


Limited) and its successors and assigns”.


3. Clause 1 of the Principal Agreement is amended by---


(a) replacing the definition of “Comalco” with the following





definition - ‘ “Comalco” means Rio Tinto Aluminium


Limited (ACN 009 679 127), RTA Weipa Pty Ltd (ACN 137


266 285), and their successors and assigns;’ and














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(b) 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;’.


4. Clause 3 of the Principal Agreement is deleted and replaced with





new clause 3, which provides---


‘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.





5. 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 these


presents on the day and year aforesaid.





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 Alcan


South Pacific Pty Ltd (ACN 009 726 078):

















Page 70 Current as at 11 September 2015


Authorised by the Parliamentary Counsel


 Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 2














Director Signature Director/Secretary signature


Print Name Print Name






































































































































Current as at 11 September 2015 Page 71





Authorised by the Parliamentary Counsel


Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 3





Schedule 3 Proposed further agreement








section 4C








THIS AGREEMENT is made this_day of_, 20_


BETWEEN STATE OF QUEENSLAND


AND


ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN


QUEENSLAND PTY. LIMITED), ACN 009 726 078, Level 2, 443


Queen Street, Brisbane in the State of Queensland (the Company)


BACKGROUND:


1. Under section 2 of the Alcan Queensland Pty Limited Agreement


Act 1965 (the Act), the State and the Company entered into the


agreement set out in Schedule 1 of the Act (the Principal


Agreement).


2. The Principal Agreement may be varied by agreement between the


Minister and the Company if authorised under the Act.


3. The State and the Company wish to vary the Principal Agreement.


IT IS AGREED THAT---


4. The Principal Agreement is amended by the insertion of the





following new clause 29A immediately after clause 29 of the


Principal Agreement:


29A. "


(1) Subclause (2) prevails to the extent of any inconsistency with





subclauses 28(a) to (e), 28(g) and clause 29 of the Principal


Agreement.


(2) The Company'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








Page 72 Current as at 11 September 2015


Authorised by the Parliamentary Counsel


 Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 3








limit of 90,000 ML (subject to the sum of the annual


volumetric limits that may be taken under water licences


held by the Company and the holder of mining


tenements for a project for which the Commonwealth


Aluminium Corporation Pty. Limited Agreement Act


1957 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 bauxite field referred to in


clause 28(a); and


(c) the period over which the Company 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 the Company under subclauses 28(a) to (e),


28(g) and clause 29 of the Principal Agreement to take


or interfere with water outside the Wenlock Basin wild


river area; or





(b) the Company's right to take or interfere with artesian


water or subartesian water connected to artesian water in


the Wenlock Basin wild river area.


5. 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 these


presents on the day and year aforesaid.


S I G N E D ON BEHALF OF THE STATE OF





QUEENSLAND BY THE HONOURABLE





MINISTER FOR














Current as at 11 September 2015 Page 73


Authorised by the Parliamentary Counsel


Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 3








In the presence of





Executed in accordance with section 127





of the Corporations Act 2001 by Alcan


South Pacific Pty Ltd (ACN 009 726 078):











Director Signature Director/Secretary signature





Print Name Print Name










































































Page 74 Current as at 11 September 2015


Authorised by the Parliamentary Counsel


 Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 4


Schedule 4 Proposed further agreement





section 4D








THIS AGREEMENT is made this_day of_, 20_


BETWEEN STATE OF QUEENSLAND


AND ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN


QUEENSLAND PTY. LIMITED), ACN 009 726 078, 123 Albert Street,


Brisbane in the State of Queensland (the Company)


BACKGROUND:





1. Under section 2 of the Alcan Queensland Pty. Limited Agreement


Act 1965 (the Act), the State and the Company entered into the


agreement set out in Schedule 1 of the Act (the Principal


Agreement).


2. The Principal Agreement may be varied by agreement between the


Minister and the Company if authorised under the Act.


3. The State and the Company wish to vary the Principal Agreement.





IT IS AGREED THAT---


4. The Principal Agreement is amended by deleting clause 29A and


replacing it with new clause 29A, which provides:


“29A.





(1) Subclause (2) prevails to the extent of any inconsistency with


subclauses 28(a) to (e), 28(g) and clause 29 of the Principal


Agreement.


(2) The Company’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:











Current as at 11 September 2015 Page 75


Authorised by the Parliamentary Counsel


Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 4








(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 limits


that may be taken under water licences held by the


Company and the holder of mining tenements for a


project for which the Commonwealth Aluminium


Corporation Pty. Limited Agreement Act 1957 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 bauxite field referred to in


clause 28(a); and


(c) the period over which the Company 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 the Company under subclauses 28(a) to (e),


28(g) and clause 29 of the Principal Agreement to take


or interfere with water outside the Wenlock Basin; or


(b) the Company’s right to take or interfere with artesian


water or subartesian water connected to artesian water in


the Wenlock Basin.”





5. 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 these


presents on the day and year aforesaid.





S I G N E D ON BEHALF OF THE STATE OF


QUEENSLAND BY THE HONOURABLE





MINISTER FOR











Page 76 Current as at 11 September 2015


Authorised by the Parliamentary Counsel


 Alcan Queensland Pty. Limited Agreement Act 1965





Schedule 4

















In the presence of











Executed in accordance with section 127


of the Corporations Act 2001 by





Alcan South Pacific Pty Ltd (ACN 009 726 078):

















Director Signature Director/Secretary signature











Print Name Print Name














































































































Current as at 11 September 2015 Page 77





Authorised by the Parliamentary Counsel


Alcan Queensland Pty. Limited Agreement Act 1965


Endnotes








1 Index to endnotes


2 Key





3 Table of reprints


4 List of legislation


5 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








Page 78 Current as at 11 September 2015


 Alcan Queensland Pty. Limited Agreement Act 1965


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 unnu = unnumbered


m





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 to Effective Reprint date


1 1995 Act No. 58 28 November 1995 13 December 1995








Current as at 11 September 2015 Page 79


Alcan Queensland Pty. Limited Agreement Act 1965


Endnotes











Reprint Amendments Effective Notes


No. included





2 2000 Act No. 20 1 July 2000


2A 2010 Act No. 52 10 December 2010





2B 2010 Act No. 44 30 January 2012








Current as at Amendments Notes


included





11 September 2015 2014 Act No. 64











4 List of legislation





Alcan Queensland Pty. Limited Agreement Act 1965 No. 2


date of assent 31 March 1965


commenced on date of assent


amending legislation---


Statute Law Revision Act (No. 2) 1995 No. 58 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 12


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---


2


date of assent 1 December 2010


ss 1-2 commenced on date of assent


remaining provisions commenced 10 December 2010 (2010 SL No. 351)


Water Reform and Other Legislation Amendment Act 2014 No. 64 ss 1,2(2), pt 2


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))





Page 80 Current as at 11 September 2015


 Alcan Queensland Pty. Limited Agreement Act 1965


Endnotes





5 List of annotations





Execution of agreement authorised


s 2 amd 2010 No. 52 s 4


Executed agreement to have force of law


s 3 amd 1995 No. 58 s 4 sch 1


Variation of agreement


s 4 sub 1995 No. 58 s 4 sch 1


amd 2010 No. 52 s 5


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 88


Authorisation of variation by further agreement


s 4C ins 2010 No. 53 s 6


Authorisation of variation by further agreement


s 4D ins 2015 No. 64 s 4


Regulation making power


s 5 sub 1995 No. 58 s 4 sch 1


SCHEDULE 1---THE AGREEMENT


sch 1 amd 2010 No. 53 s 7


SCHEDULE 2---PROPOSED FURTHER AGREEMENT


sch 2 ins 2010 No. 53 s 8


SCHEDULE 3---PROPOSED FURTHER AGREEMENT


sch 3 ins 2010 No. 53 s 8


SCHEDULE 4---PROPOSED FURTHER AGREEMENT


sch 4 ins 2015 No.64 s 5





© State of Queensland 2017



































Current as at 11 September 2015 Page 81