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Mount Isa Mines Limited Agreement Act 1985

An Act with respect to the ratification of an agreement entered into for and on behalf of the State of Queensland with Mount Isa Mines Limited and for associated and consequential purposes

1Short title

This Act may be cited as the Mount Isa Mines Limited Agreement Act 1985.

1ADefinitions

In this Act—
agreement means the agreement made 14 February 1985 between the State and Mount Isa Mines Limited, a copy of which is in schedule 1.
formal agreement means the agreement as varied under an Act.
s 1A ins 1997 No. 29s 3

2Ratification of agreement

The agreement is ratified and approved.
s 2 sub 1997 No. 29s 4

2ARatification of 1997 agreement

(1)The agreement made 9 May 1997 between the State and Mount Isa Mines Limited varying the agreement is ratified and approved.
(2)A copy of the varying agreement is in schedule 2.
s 2A ins 1997 No. 29s 4

2BAmendment of formal agreement

The formal agreement, part 2, clause 13, is amended by omitting ‘30th June’ and inserting ‘31st December’.
s 2B ins 2005 No. 8s 87B

3Variation of formal agreement

(1)The formal agreement may be varied only by further agreement between the State and Mount Isa Mines Limited under the authority of an Act.
(2)A variation of the formal 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 a further agreement by gazette notice.
s 3 sub 1993 No. 76s 3sch 1; 2014 No. 47s 492

3AEffect of formal agreement

(1)The formal agreement has the force of law and takes effect as if its provisions were expressly enacted in this Act.
(2)If there is an inconsistency between the formal agreement and another Act or law, the formal agreement prevails to the extent of the inconsistency.
(3)However, if the formal agreement was varied by a further agreement approved by regulation under previous section 3(2), subsection (2) only applies to an inconsistency between the agreement as approved by regulation and an instrument made under another Act.
(4)In this section—
previous section 3(2) means section 3(2) as in force immediately before the commencement of section 5A.
s 3A ins 1997 No. 29s 5
amd 2014 No. 47s 493

4Parliament not restricted

Nothing contained in this Act or in the formal agreement shall be construed to restrict the Parliament in making laws that affect the rights and obligations of the parties to that agreement or to any agreements made under such agreement or any variation thereof.

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)the formal agreement, or any amendment of the formal agreement; or

(d)a lease granted under, or mentioned in, the agreement or the formal 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 3A;

(b)the agreement;

(c)the formal agreement;

(d)the Mineral Resources Act 1989.

(4)A reference in this section to an agreement includes any amendment of the agreement.
s 5 prev s 5 om 1993 No. 76s 3sch 1
pres s 5 ins 2000 No. 20s 29sch 3

5AMaking of 2014 amendment agreement authorised

The formal agreement may be further varied by a further agreement corresponding to the proposed further agreement set out in schedule 3.
s 5A ins 2014 No. 47s 494

6Declaration for Commonwealth Act

The following are declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth)—
(a)a mining lease;

(b)a sub-lease;

(c)a licence.

s 6 prev s 6 om 2001 No. 71s 551sch 1
pres s 6 ins 2010 No. 44s 125

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 formal agreement of an order in council is taken to be a mention of a regulation.
s 7 ins 1993 No. 76s 3sch 1

Schedule 1 Mount Isa Mines Limited Agreement

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.