Alcan Queensland Pty. Limited Agreement Act 1965
Queensland Alcan Queensland
Pty. Limited Agreement Act
1965 Reprinted as in force on 30 January
2012 Reprint No. 2B This reprint is
prepared by the Office of the Queensland Parliamentary
Counsel Warning—This reprint is not an authorised
copy
Information about this reprint
This
Act is reprinted as at 30 January 2012. The reprint shows the law
as amended by all amendments that commenced on or before that
day (Reprints Act 1992 s 5(c)). The reprint
includes a reference to the law by which each amendment was
made—see list of legislation and list of annotations in
endnotes. Also see list of legislation for any uncommenced
amendments. This page is specific to this reprint. See
previous reprints for information about earlier changes made under
the Reprints Act 1992. A table of reprints is included in the
endnotes. Also see endnotes for information
about— • when provisions commenced
• editorial changes made in earlier
reprints. Spelling The spelling of
certain words or phrases may be inconsistent in this reprint or
with other reprints because of changes made in various
editions of the Macquarie Dictionary (for example, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spelling will be updated in the next authorised
reprint. Dates shown on reprints Reprints dated at
last amendment All reprints produced
on or after
1 July 2002,
authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the last
date
of amendment. Previously reprints were dated as at the date of
publication. If an authorised reprint is dated earlier than an
unauthorised version published before 1 July 2002,
it means the
legislation was
not further amended
and the reprint
date is the
commencement of the last amendment.
If the
date of an authorised reprint is the same as the date shown for an
unauthorised version previously published, it merely means
that the unauthorised version was published before
the authorised version.
Also, any
revised edition
of the previously
published unauthorised
version will have the same date as that version.
Replacement reprint date If the date of an
authorised reprint is the same as the date shown on another
authorised reprint it means that one is the replacement of the
other.
Queensland Alcan Queensland
Pty. Limited Agreement Act 1965 Contents
1 2 3
4 4A 4B
4C 5 Schedule 1
Schedule 2 Schedule 3
Page Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 3 Execution of agreement authorised . .
. . . . . . . . . . . . . . . . . . . . . 3
Executed agreement to have force of law. . .
. . . . . . . . . . . . . . . . 3
Variation of agreement . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 3
Application of GST to rents after 30 June
2005 . . . . . . . . . . . . . . 4
Declaration
for Commonwealth Act
. . . . . . . . . . . . . . . . . . . . . . . 5
Authorisation
of variation
by further
agreement .
. . . . . . . . . . . . . 5
Regulation
making power
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
The Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Proposed further agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Proposed further agreement
. .
. . . . . . . . . . . . . . . . . . . . . . . . 72
Endnotes 1
2 3 4
5 6 7
Index to endnotes . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. .
. . . . . . .
. . . . . . . . . . . . . Key
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . Table of reprints . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of legislation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of annotations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 75
76 76 76 77
77
Alcan
Queensland Pty. Limited Agreement Act 1965 [s 1]
Alcan
Queensland Pty. Limited Agreement Act 1965
[as
amended by all amendments that commenced on or before 30 January
2012] 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— Reprint 2B effective 30 January 2012
Page
3
Alcan
Queensland Pty. Limited Agreement Act 1965 [s 4A]
(a) by further
agreement between
the State and
the company; and (b)
under the authority of an Act.
(2) A variation of the agreement purported
to be made other than under subsection (1) is of no
effect. (3) The Minister
must notify
the date of
the making of
each further
agreement by gazette notice. (4)
The
agreement as varied has the force of law as if it were an
enactment of this Act. 4A
Application of GST to rents after 30 June
2005 (1) This section
applies to
rent payable
after 30
June 2005
under— (a)
this
Act; or (b) the agreement; or (c)
a
lease granted under, or mentioned in, the agreement.
(2) If the rent is for a supply for which
GST is payable, the rent payable is the total of—
(a) the rent that would have been payable
if the rent were not for a supply for which GST is payable;
and (b) 10% of the rent that would have been
payable if the rent were not for a supply for which GST is
payable. (3) Subsection (2) applies despite—
(a) sections 2 to 4; or
(b) the agreement; or (c)
the Mineral Resources Act 1989
. (4) A
reference in
this section
to the agreement
includes any
amendment of the agreement.
Page
4 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 [s 4B]
4B Declaration for Commonwealth
Act A special bauxite mining lease is declared
not to be personal property under
the Personal Property
Securities Act
2009 (Cwlth)
. 4C Authorisation of
variation by further agreement The
agreement may
be varied by
further agreements corresponding to
the proposed further agreements set out in schedules 2 and
3. 5 Regulation making power
The Governor in
Council may
make regulations under
this Act.
Reprint 2B effective 30 January 2012
Page
5
Alcan
Queensland Pty. Limited Agreement Act 1965 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.
Page
6 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 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 7
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
8 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; Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
“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 Reprint 2B
effective 30 January 2012 Page 9
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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; Page 10
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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 ( d )
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
Reprint 2B effective 30 January 2012
Page
11
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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. Page 12 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 )
( b )
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. The initial term of every Special Bauxite
Mining Lease shall (except as otherwise provided herein)
commence Reprint 2B effective 30 January 2012
Page
13
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Page 14 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 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 0s. 0d. per square mile; (ii)
during the period of ten years commencing on
the first day of January, 1969, at the annual rate of
£4 0s. 0d. per square mile; and (iii)
thereafter at such annual rate (hereafter
called the basic rental rate)
being not
less than
£15 0s. 0d.
per square mile and not
more than £20 0s. 0d. 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 0s. 0d. 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 Reprint 2B
effective 30 January 2012 Page 15
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 (
d ) 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—
Page
16 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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) Reprint 2B
effective 30 January 2012 Page 17
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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;
Page
18 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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
Reprint 2B effective 30 January 2012
Page
19
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
20 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. Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 (1s.) 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: Reprint 2B effective 30 January 2012
Page
21
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 )
( b )
( c )
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. 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.
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. Page 22
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 23
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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. Page 24 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Such Special
Perpetual Mining
Purposes Leases
may be of
any shape or
area approved
by the Minister
but shall be
otherwise deemed to be Miners’ Homestead
Perpetual Leases under “ The Miners’
Homestead Leases Acts , 1913 to
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 Reprint 2B
effective 30 January 2012 Page 25
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 )
( b )
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. 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 Page 26 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 27
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
28 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. ( f )
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 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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.
( i )
The
Company shall have the right to collect and store in
any
dam constructed by it on a named river a quantity of
water sufficient after allowing for losses
during storage and during conveyance to
the point of
diversion to
Reprint 2B effective 30 January 2012
Page
29
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
30 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.
( j )
For the purposes
of investigating the
availability of
water and of constructing operating and
maintaining any works authorised by this Agreement the
Company shall have the right of access at all times with
all necessary men transport materials
and equipment to
the named rivers and to
all other rivers streams and sources from which it is
entitled to obtain water. ( k
) The State
shall ensure
that any
rights granted
to any other person and
any operations conducted by the State or by any other
person within or in the vicinity of the 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. ( l )
The Company shall
not be under
any liability to
any person by reason of the fact that any
land lawfully held by that person has been or is likely to be
inundated as the result of
works, carried
out by the
Company in
pursuance of its rights hereunder, but the
State shall as Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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. Reprint 2B
effective 30 January 2012 Page 31
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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
) ( b
) ( c
) 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. 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. 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.” Page 32
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 )
( b )
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. 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 Reprint 2B
effective 30 January 2012 Page 33
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
(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 )
( b )
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. 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; Page 34
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
(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.
Reprint 2B effective 30 January 2012
Page
35
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
36 ( 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. (
d ) In
all respects and
for all purposes
the Town Commission shall
be and be
deemed to
be the Town
Council of
the separate Local
Authority Area;
the Chairman of the Town Commission shall
be deemed to be the Mayor of the separate Local Authority
Area and the members of the Town Commission shall be
deemed to be Aldermen. (
e ) The
Area or
Areas constituting the
separate Local
Authority Area shall not for any purpose be
divided into divisions. (
f ) No person shall
be held incapable of being or continuing as a member of
the Town Commission by reason of the fact that he is
a member nominated by the Company or that
he is an
employee director
or shareholder of
the Company or
of any Associated Company
and no 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. Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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 Reprint 2B effective 30 January 2012
Page
37
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
38 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
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 39
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
40 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 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 41
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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
Page
42 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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. Reprint 2B effective 30 January 2012
Page
43
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
47. ( a
) ( b
) ( c
) ( d
) 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. 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. 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. 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 Page 44 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 45
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
46 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.
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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 Reprint 2B
effective 30 January 2012 Page 47
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 )
( b )
( c )
( d )
( e )
( f )
( g )
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. 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. The
Tribunal may
be assisted by
assessors who
shall make such
recommendations to the Tribunal as they or any of them
shall think fit. 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. 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. 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 Page 48
Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Agreement but
no decision of
the Tribunal shall
be reviewed at
intervals of
less than
one year unless
so agreed between the Minister and the
Company. ( h )
The
Minister may at any time of his own volition or at
the request of
the Company refer
to the Tribunal
for consideration and
report to
the Minister any
matter relating to the
undertaking of the Company or otherwise arising under
the provisions of this Agreement and the Tribunal
shall make
such report
to the Minister
as it thinks
proper. ( i )
The
Tribunal shall be deemed to be a commission within
the
meaning of “ The Commissions of Inquiry Acts
,
1950 to 1954” and the provisions of such Acts
shall apply to the Tribunal and all the proceedings
thereof. ( j )
Every party
to proceedings before
the Tribunal shall
unless the Tribunal otherwise directs pay
his or its own 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.
Reprint 2B effective 30 January 2012
Page
49
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( l )
Any
Order of the Tribunal may upon the application of
the State or
the Company be
made an
Order of
the Supreme Court of Queensland and may be
enforceable as such. 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 Page 50 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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— Reprint 2B
effective 30 January 2012 Page 51
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
( 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
“ The 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.
Page
52 Reprint 2B effective 30 January
2012
First
Schedule Alcan Queensland Pty. Limited Agreement Act
1965 Schedule 1 Parishes:
Counties: Area:
Agnew, Barlow,
Batavia, Burdett,
Dumfries, Dunblane,
Eglinton, Egmont, Ely, Pennefather, Skardon,
Stormont. Dulhunty, Jardine, Weipa.
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 ^SBML1-K2
at
about longitude 142º 07' 45" E and about latitude 11º 48'
10"
S and thence by direct lines having initial true bearings
and
lengths as follows; 20º 08' 00", 48 chains 80 links to a
monument marked
^AL1 at
about longitude
142º 07'
56" E and
about latitude
11º 47' 40"
S; about 90º
01', about
544 chains to
a monument marked
^AL2 at
about longitude
142º
13' 57" E and about latitude 11º 47' 40" S; about 180º,
about 2679
chains to a monument
marked ^AL3
at about longitude
142º
13' 57" E and about latitude
12º 16' 54"
S; about 269º
59', about
1050
chains to a monument
marked ^AL4 at about
longitude 142º 02' 18" E and about latitude 12º 16' 54"
S; about 180º,
about 1201
chains to a monument
marked ^AL5 on the boundary of the Western
Bauxite Field, thence by that Field 269º 58' 51", 960
chains and 73 links to a monument marked ^SBML1-B2 at about
longitude 141º 51' 38" E and about latitude 12º 30' south;
about 360º, about 1650 chains to a monument marked ^SBML1-C2
at about longitude 141º 51' 38" E and about latitude 12º 12' S;
about 83º, about 1464 chains
to a monument
marked ^SBML1-T2
at about longitude
142º 07'
45" E and
about latitude
12º
10' 03" S; about 360º, about 2005 chains to the
point of commencement. Reprint 2B effective 30 January
2012 Page 53
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
County Parish
Date
of Lease } ELIZABETH THE
SECOND, by
the Grace of
God,
of the United Kingdom, Australia, and Her other Realms and
Territories, Queen, Head of the Commonwealth,
Defender of the Faith Page 54 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 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
York Peninsula
and particularly described
in the Schedule
hereinafter written
and for all
or any of
the following purposes:— (
a ) for mining for
all or any of the designated minerals (as defined
in the said
Agreement) and
for all purposes
necessary directly
or indirectly effectually to
carry on
mining and treatment operations therein or
thereon; ( b )
for erecting thereon
any houses buildings
plant and
machinery for
use directly or
indirectly in
connection with such mining
or treatment operations; ( c
) for cutting
and constructing thereon
dams, weirs,
reservoirs, wells,
water channels,
aqueducts and
pipe lines,
for pumping or
raising water
and for all
other purposes
relating to the obtaining storing or conveying of water;
( d )
for constructing or
erecting any
roads, harbour
works (as
defined in
the said Agreement), works
for the recovery
of salt from
sea water or
other works
whatsoever; (
e ) for
any other purposes
(whether manufacturing or
otherwise) incidental to or necessary or
desirable for the more effectual
carrying out
of all or
any of the
provisions or purposes of the said Agreement
including but without limiting the generality of the
foregoing the production and
distribution of
any form of
lighting heating or
power; and ( f )
for residence thereon
in connection with
any of such
purposes: TO HAVE AND TO
HOLD the said lands and all and singular other
the premises hereinbefore mentioned
and hereby demised with the
appurtenances unto the Lessee for the full term of
Eighty-four years from the first day of January 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
Reprint 2B effective 30 January 2012
Page
55
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
56 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 0s. 0d. per square mile or part thereof;
( b )
In
respect of each of the next ten years of the said term
the
sum of £4 0s. 0d. 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 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
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 Reprint 2B
effective 30 January 2012 Page 57
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
58 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
of 1957”; (3)
That the
Lessee shall
not assign underlet
or part with
possession of
the land hereby
demised or
any part Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 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; Reprint 2B
effective 30 January 2012 Page 59
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
60 (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; ( b )
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 Reprint 2B effective 30 January
2012
Alcan
Queensland Pty. Limited Agreement Act 1965 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 l of the
said Agreement. IN TESTIMONY WHEREOF We have caused this Our
Lease to be sealed with the Seal of Our said
State. Reprint 2B effective 30 January 2012
Page
61
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 Area
Acres Roods
Perches Date of
Lease Grace of
God, of
the United Kingdom,
Australia, and
Her 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 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 Page 62 Reprint 2B
effective 30 January 2012
Alcan
Queensland Pty. Limited Agreement Act 1965 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 Reprint 2B effective 30 January 2012
Page
63
Alcan
Queensland Pty. Limited Agreement Act 1965 Schedule 1
Page
64 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