Queensland Nickel Agreement Act 1970

An Act with respect to an agreement between the State of the one part and Metals Exploration Queensland Pty. Ltd. and Freeport Queensland Nickel, Incorporated of the other part and for purposes incidental thereto and consequent thereon

1Short title

This Act may be cited as the Queensland Nickel Agreement Act 1970.

s 1 amd 1988 No. 92s 4(1)

2Execution of agreement authorised

The Premier is hereby authorised to make, for and on behalf of the State, with Metals Exploration Queensland Pty. Ltd., a company incorporated in the State and having its registered office at the offices of Spry Walker & Co., 127 Eagle Street, Brisbane, in the said State and Freeport Queensland Nickel, Incorporated, a company incorporated in the State of Delaware in the United States of America and registered as a foreign company in the State and having its registered office at the offices of Tullwil Agencies Pty. Ltd., 316 Adelaide Street, Brisbane in the said State (herein with their and each of their successors and permitted assigns called the “companies”) the agreement, a copy of which is set out in the schedule (the “agreement”).

3Executed agreement to have force of law

(1)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.

(2)The Governor in Council shall by proclamation notify the date of the making of the agreement.

Editor’s note—

The proclamation was published in the gazette on 16 January 1971 at p 120.

4Change of agreement by further agreement

(1)The agreement may be changed by a further agreement between the Minister and the companies.

(2)The Minister may make a further agreement only if the proposed further agreement has been approved by regulation.

(3)The Minister must notify the date of the making of the further agreement by gazette notice.

s 4 amd 1974 No. 50s 3; 1988 No. 92s 6

sub 1993 No. 76s 3sch 1

5Application 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 the following—

(a)sections 2 to 4;

(b)the agreement;

(c)the repealed Greenvale Agreement Act Amendment Act 1974;

(d)the repealed Greenvale Agreement Act Amendment Act 1975;

(e)the Queensland Nickel Agreement Act 1988 or the agreement mentioned in section 9 of that Act;

Editor’s note—

Queensland Nickel Agreement Act 1988, section 9 (Authority to make agreement)

(f)the Mineral Resources Act 1989.

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

s 5 prev s 5 amd 1971 No. 19s 2; 1974 No. 50s 4; 1975 No. 28s 2

om 1988 No. 92s 7(1)

pres s 5 ins 2000 No. 20s 29sch 3

6Proclamations and orders in council

(1)Any proclamation or order in council provided for in this Act or in the agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such proclamations and orders in council not inconsistent with the agreement as the Governor in Council shall think necessary or expedient to provide for, enable and regulate the carrying out of the provisions of the agreement or any of them.

(2)Any such proclamation or order in council may be revoked or altered by another proclamation or order in council which is not inconsistent with the agreement.

(3)The Acts Interpretation Act 1954, section 28A applies to every such proclamation or order in council as if each such instrument were a regulation.

s 6 amd 1988 No. 92s 8

6ADeclaration for Commonwealth Act

A special mineral lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 6A ins 2010 No. 44s 148

7Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)For the purposes of subsection (1), a mention in the agreement of an order in council is taken to be a mention of a regulation.

s 7 ins 1993 No. 76s 3sch 1

8Changed references for Corporations Act

(1)A reference in the agreement to a related company of the Companies or any of them within the meaning of The Companies Act 1961 to 1964 is a reference to a related body corporate, under the Corporations Act, of the Companies or any of them.

(2)Any other reference in the agreement to the Companies Act is to be read as a reference to the Corporations Act.

s 8 ins 2002 No. 15s 21

section 2

Editor’s 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.