Century Zinc Project Act 1997

Century Zinc Project Act 1997

An Act to facilitate certain aspects of an agreement about the establishment of a mine and other facilities on certain land in north-west Queensland

Preamble

1Century Zinc Limited is developing a project involving preparing for and operating a base metal mine to recover zinc, lead and silver from a deposit at Lawn Hill, processing and concentrating the ore, transporting the concentrate slurry by pipeline to Karumba on the Gulf of Carpentaria, dewatering the ore, barging and shipping it for export and other related activities.

2After negotiations under the right to negotiate provisions of the Native Title Act 1993 (Cwlth), the parties to the negotiations have made the agreement allowing certain acts do be done.

3The project will better provide infrastructure and services for people and businesses in the area known as the Carpentaria-Mount Isa mineral province.

4The project will provide employment for Queenslanders and in particular the people of the mineral province.

5The project will improve the economy of Queensland and Australia.

6The project will result in social and other benefits for all people of the mineral province.

7It is important that any native title should not be extinguished by the grant of a right to mine or acquisition of land or interests in land affected by the project and it is not intended to prevent native title claims being pursued.

8It is in the national and State interest that the project start without delay.

1Short title

This Act may be cited as the Century Zinc Project Act 1997

2Commencement

(1)This Act commences on a day to be fixed by proclamation.

(2)The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

3Purpose of Act

The purpose of this Act is to facilitate certain aspects of the agreement made under the right to negotiate provisions of the Native Title Act 1993 (Cwlth) relating to—

(a)the proposed development by Century Zinc Limited of a mine for mining zinc, lead and other minerals; and

(b)the establishment of a corridor for use for miscellaneous transport infrastructure, including for the construction, operation and maintenance of a slurry pipeline from the mine site to the port of Karumba; and

(c)the establishment by Century Zinc Limited of facilities at the port of Karumba for processing (including dewatering), storage and transport of mineral concentrates; and

(d)the construction of associated works for the purposes mentioned in paragraphs (a), (b) and (c); and

(e)development proposed to be undertaken on land held by the Bidunggu Aboriginal Land Trust.

4Dictionary

The dictionary in schedule 6 defines terms used in this Act.

5Taking

(1)Native title in land described in schedule 1, part 1, items 1 to 6 is taken.

(2)Native title in land described in schedule 1, part 1, item 7 may be taken by proclamation.

(3)Also, the following interests in land described in schedule 1, part 2 may be taken by proclamation—

(a)native title;

(b)an easement.

(4)A proclamation under subsection (3) must state the rights and obligations to be conferred or imposed by the easement.

(5)A proclamation under subsection (2) or (3) is not subordinate legislation.

(6)Interests in land taken under this section vest in the State.

(7)This section has effect despite any other Act.

(8)This section applies subject to section 18.

6Acquisition of Land Act 1967

(1)The Acquisition of Land Act 1967 applies to a resumption under section 5 with any necessary changes, including those mentioned in this section.

(2)The provisions of the Acquisition of Land Act 1967 stated in schedule 2 do not apply to the resumption under section 5.

(3)A person whose interest in land is taken has the right to claim compensation under the Acquisition of Land Act 1967, section 12(5A) and (5B) and part 4.

(4)Subsection (3) applies subject to the agreement and the Native Title (Queensland) Act 1993.

(5)A reference in a provision of the Acquisition of Land Act 1967 that applies to a resumption under section 5, to a proclamation that takes land, is taken to be a reference to section 5 or a proclamation under section 5.

7Application of Acquisition of Land Act 1967

In applying the Acquisition of Land Act 1967, part 4 under sections 5 and 6—

(a)the State is the constructing authority; and

(b)a reference in the part to an owner of land includes a lessee of a lease affected by a resumption under section 5; and

(c)the compensation claimant refers the claim for compensation to the Land Court by filing in the office of the registrar of the court—

(i)copies of the claim given by the claimant to the State; and

(ii)a statement identifying the provisions of this Act or any instrument under this Act that effected the taking.

8Purpose of ss 9–10

(1)The main purpose of sections 9 and 10 is to remove any doubt about the validity of the leases mentioned in the sections because of the native title Acts and in the light of certain decisions of the High Court of Australia.

Note—

North Ganalanja Aboriginal Corporation & Anor v. State of Queensland & Ors. 185 CLR 595, and The Wik Peoples v. State of Queensland & Ors. 187 CLR 1

(2)In this section—

native title Acts means the following—

•the Native Title Act 1993 (Cwlth)

•the Native Title (Queensland) Act 1993.

9Cancellation and grant of term lease

(1)Term lease 205674 of lot 6 on CP892041, County of Gregory, Parish of Bulmung, issued to the company (the former lease) is cancelled.

(2)A term lease of lot 6 on CP892041, County of Gregory, Parish of Bulmung (the new lease) is granted to the company.

(3)The new lease is taken to have been granted under the Land Act 1994 on the same terms as the former lease.

(4)However, the term of the new lease starts on the commencement of this section.

(5)Also, the new lease is granted in full satisfaction of any rights arising out of or in relation to the former lease.

(6)Anything done under the former lease is taken to have been validly done under the new lease.

10Cancellation and grant of mining leases

(1)Mining leases 90045 and 90058 (the former leases) granted under the Mineral Resources Act 1989 are cancelled.

(2)Mining leases 90045 and 90058 (the new leases) are granted to the company.

(3)The Mineral Resources Act 1989, section 318 does not apply to the former leases only because of their cancellation under subsection (1).

(4)Each new lease is taken to be have been granted under the Mineral Resources Act 1989 on the same terms as the corresponding former lease.

(5)However, the term of each new lease starts on the commencement of this section.

(6)Also, each new lease is granted in full satisfaction of any rights arising out of or in relation to the corresponding former lease.

(7)Anything done under the former leases is taken to have been validly done under the new leases.

11Vesting of certain port land

(1)The land described in schedule 3 is vested in the Ports Corporation of Queensland and is taken to be strategic port land under an approved land use plan under the Transport Infrastructure Act 1994, section 286.

(2)For subsection (1) and schedule 3, item 3, lease SL34/38495 of lot 72 on NM54 may be taken by proclamation if the lease is not surrendered under the Land Act 1994 before the commencement of this subsection.

(3)Compensation for the resumption under subsection (2) or for the surrender of the lease is payable to The Far North Queensland Electricity Board by the Ports Corporation of Queensland.

(4)The amount and conditions of compensation under subsection (3) are to be decided by the Governor in Council.

(5)Conditions of compensation under subsection (4) may include conditions relating to the grant by the State to the Far North Queensland Electricity Corporation Ltd of an interest in land other than lot 72 on NM54.

s 11 amd 1994 No. 8s 491(3)sch 5 (amd 2003 No. 54 ss 34, 39)

12Declaration about easement resumed under s 5(3)(b)

(1)This section applies to the easement mentioned in schedule 1.

(2)Whether the easement is taken under section 5 or in another way, the easement is taken to be a public utility easement under the Land Act 1994.

(3)Also, if the easement is taken under section 5, the easement is taken to have been acquired by the chief executive for the State under the Transport Planning and Coordination Act 1994 for miscellaneous transport infrastructure purposes.

(4)For ensuring the construction, operation and maintenance of miscellaneous transport infrastructure in the easement—

(a)a licence under the Transport Infrastructure Act 1994 in relation to the infrastructure has the effect of a contract under seal between the licensee and any person having an interest in land affected by the easement; and

(b)the licensee may enforce rights granted under the licence against the person.

13Crossing roads, reserves, watercourses etc.

(1)This section applies to the parts of reserves, roads, watercourses and land of other tenure mentioned in schedule 1, part 1, item 7 (the land).

(2)This section applies only for ensuring miscellaneous transport infrastructure can be constructed, operated and maintained across the land.

(3)The rights and obligations conferred or imposed by the easement apply to the land.

(4)However, the rights and obligations can not be exercised or performed because of this section unless the entity responsible for the land gives to a licensee under the Transport Infrastructure Act 1994 consent to the exercise or performance of the rights and obligations.

(5)If the responsible entity fails to give the consent under subsection (4), the licensee may apply to the Premier for the consent.

(6)The consent of the Premier under subsection (5) is taken for all purposes to be the consent of the responsible entity.

(7)In this section—

responsible entity means the following—

(a)for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered;

(b)for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered;

(c)for a reserve—the trustee of the reserve;

(d)for a road—the local government for the area in which the road is located or, if the road is a State controlled road, the chief executive of the department through which the Transport Infrastructure Act 1994 is administered;

(e)otherwise—the chief executive of the department through which the Land Act 1994 is administered.

s 13 amd 2000 No. 34s 1145sch 3

14Application of part

This part applies only in relation to the use or development proposed to be undertaken under a development application made to the Burke Shire Council (the council) by the Bidunggu Aboriginal Land Trust in relation to lot 13 on CP855144 (the Gregory outstation proposal).

15Ministerial call-in power

The Minister may call in the development application for the Gregory outstation proposal whether or not the council has decided the application.

16Notice of exercise of call-in power

(1)The Minister may call in the development application by written notice given to the council and—

(a)if the application has not been decided by the council—assess and decide the application; or

(b)if the application has been decided by the council—reassess and re-decide the application.

(2)The notice must state the reasons for calling in the application.

(3)The Minister must give a copy of the notice to the applicant and anyone else whose concurrence to the development application is required.

17Effect of call-in

(1)If the Minister calls in the development application before the council makes a decision on the application, the Minister—

(a)must continue the process from the point at which the application is called in; and

(b)has the powers of the council for the application from the time the application is called in.

(2)If the Minister calls in the development application after the council makes a decision on the application—

(a)the process starts again from a point in the process the Minister decides; and

(b)the Minister has the powers of the council for the application from that point in the process.

(3)Also, if the application is called in—

(a)an entity whose concurrence is required may give advice about the application; and

(b)if an appeal has been made—the appeal is of no further effect; and

(c)a person may not appeal against the decision of the Minister under the Act or law under which the application is made (the relevant law).

(4)The council must provide the Minister with all reasonable assistance required by the Minister to decide the application, including giving the Minister—

(a)all relevant material about the application the council had before the application was called in; and

(b)any relevant material received by the council after the application was called in.

(5)When the Minister gives notice of the decision to the applicant, the Minister must also give a copy to the council.

(6)The decision of the Minister is taken to be the decision of the council under the relevant law for all purposes other than appeal.

18Effect of resumption and grant of rights in relation to native title interests

It is Parliament’s intention that—

(a)this Act and anything done under this Act does not extinguish and has not extinguished any native title in land; and

(b)the non-extinguishment principle under the Native Title Act 1993 (Cwlth) applies to anything done under this Act.

19Application of Native Title (Queensland) Act

For the Native Title (Queensland) Act 1993, the taking of an interest in land under section 5 is taken to be an acquisition of land under a State Compulsory Acquisition Act.

20Grant of interest taken to include certain words

Each interest granted by this Act is taken to include the statement in schedule 4.

21Regulation-making power

The Governor in Council may make regulations under this Act.

s 21 amd 2002 No. 71s 4

pt 7 hdg ins 2009 No. 36 s 872 sch 2

22Continuing application of pt 4

Part 4 as in force before the commencement of this section continues to apply to a development application made under the repealed Integrated Planning Act 1997 before the commencement.

s 22 ins 2009 No. 36 s 872 sch 2

pt 8 hdg ins 2016 No. 27 s 126

23Existing development applications—Gregory outstation

(1)Former part 4 continues to apply in relation to an existing development application as if the amending Act had not been enacted.

(2)In this section—

existing development application means a development application—

(a)made under the repealed Sustainable Planning Act 2009 for the use or development to which former part 4 applied; and

(b)to which the Planning Act 2016, section 288 applies.

former part 4 means part 4 as in force immediately before the commencement.

s 23 ins 2016 No. 27 s 126

section 5

1lot 6 on CP892041

2lot 85 on CP846496

3lot 71 on CP892088

4lot 72 on NM54

5lot 107 on NM130

6lot 81 on NM130

7land following the route shown on the plan in schedule 5 across reserves, roads, watercourses and land of any other tenure joining together—

(a)any 2 lots of land mentioned in part 2, to the width of 100m; or

(b)a lot mentioned in part 2 to a lot mentioned in schedule 3, to the width of the road reserve affected

land 100m wide following the route shown on the plan in schedule 5 across the following land—

•lot 4 on GY805051 on SP132944

•lot 2 on CP847162 on SP132945

•lot 2 on CP847162 on SP110463

•lot 2 on GY838438 on SP110453

•lot 2948 on PH1233 on SP110446

•lot 2948 on PH1233 on SP110447

•lot 1906 on PH1404 on SP110448

•lot 5121 on PH1011 on SP110449

•lot 5121 on PH1011 on SP110450

•lot 5121 on PH1011 on SP110452

•lot 2928 on PH1234 on SP110451

•lot 2928 on PH 1234 on SP110462

•lot 2 on CP838627 on SP110461

•lot 2 on CP838627 on SP121434

•lot 1 on CP838627 on SP121435

•lot 9 on NM143 on SP121436

•lot 117 on SP100181 on SP110457

•lot 77 on NM88 on SP110454

sch 1 amd 2002 No. 71 s 5

section 6

1sections 5 to 11

2section 12, other than as provided by section 6(3) of this Act

3section 13

4sections 15 to 17

5section 21

6section 36(3) and (6)

7section 37, other than for section 36(7)

8section 41

section 11

1lot 85 on CP846496

2lot 71 on CP892088

3lot 72 on NM54

4lot 107 on NM130

5lot 81 on NM130

6lot 1 on CP902052

section 20

‘If any native title exists in the land and the grant of this [Title] would validly affect it in some way, then the grant of this [Title] is wholly inconsistent with the native title, but it is intended that (without in any way affecting any of the [Grantee's] rights during the term of the grant, including the [Grantee's] right of exclusive possession)—

(a)the native title in the land should nevertheless continue to exist and not be extinguished by the grant of this [Title] or the exercise of any of the rights granted hereunder;

(b)the native title should never have any effect upon or in relation to this [Title] or any act or right of the [Grantee];

(c)the persons who are entitled in accordance with any traditional laws and customs, as applying from time to time, to possess the native title should continue to be native title holders;

(d)if this [Title] or any act done under this [Title] ceases to have effect to an extent, the native title rights and interests should again have effect to that extent;

(e)if this [Title] or its effects are wholly removed or otherwise wholly cease to operate, the native title rights and interests again have full effect.’

sch 5 sub 2002 No. 71 s 6

section 4

company means Century Zinc Limited A.C.N. 006 670 300, its successors in title and permitted assigns.

council, for part 4, see section 14.

development application, for part 4, means an application for approval under any of the following for the use or development to which part 4 applies—

(a)the Planning Act 2016;

(b)the Building Act 1975;

(c)the Standard Water Supply Law;

(d)the Standard Sewerage Law;

(e)a local law of the council.

sch 6 def development application amd 1998 No. 13 s 191 sch; 2009 No. 36 s 872 sch 2; 2016 No. 27 s 127

miscellaneous transport infrastructure means miscellaneous transport infrastructure under the Transport Infrastructure Act 1994.

the agreement means the agreement under the right to negotiate provisions of the Native Title Act 1993 (Cwlth) made on 7 May 1997 between the following—

•Henry Aplin, Peter Bell, Shirley Chong, Don George, Peter O’Keefe and Beryl Willetts for themselves and the Waanyi people

•Stella Diamond and Jane Karkadoo for themselves and all persons descended from Ned Lorraine, Hislop Jacob, Harry (Father of Bonny Pedro) and Trooper Campbell and on behalf of any other Aboriginal people of the claim and neighbouring region to the north and south of the claim area, whose old people were also traditional owners, and customary users, of the claim area, some of those people identifying as Mingginda people

•Jerry Callope and Richard Bee for themselves and the Gkuthaarn and Kukatj people

•Audrey Callope, Shirley Toby and Jerry Callope for themselves and the Gkuthaarn people

•the State of Queensland

•Century Zinc Limited.