Irvinebank State Treatment Works (Sale and Operation) Act 1990
QueenslandIRVINEBANKSTATETREATMENTWORKS(SALEANDOPERATION)ACT1990IRVINEBANKSTATETREATMENTWORKS(SALEANDOPERATION)AGREEMENTReprinted as in force on 5 June 1996Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2003 Act No. 51 s 9
QueenslandIRVINEBANKSTATETREATMENTWORKS(SALEANDOPERATION)ACT1990Reprinted as in force on 5 June
1996(Act not amended up to this date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2003 Act No. 51 s 9
Information about this reprintThis
Act is reprinted as at 5 June 1996.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
been made to—•update citations and references (pt 4,
div 2)•update references (pt 4, div 3)•use different spelling consistent with
current drafting practice (s 26(2))•use
standard punctuation consistent with current drafting practice (s
27)•use expressions consistent with
current drafting practice (s 29)•reorder definitions consistent with current
drafting practice (s 30)•relocate marginal
or cite notes (s 34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (ss 36, 37 and 39)•omit the enacting
words (s 42A).Also see endnotes for information
about—•when provisions commenced•editorial changes made in the reprint,
including—•table of changed names and
titles•table of changed citations and remade
laws•table of obsolete and redundant
provisions.
2Irvinebank State Treatment Works (Sale
andOperation) Act 19907Table
of changed citations and remade laws. . . . . . . . .
. . . . . . . . .118Table of obsolete
and redundant provisions. . . . . . . . . . . . . . . . . .
.12
s13s4Irvinebank State Treatment Works (Sale
andOperation) Act 1990IRVINEBANK STATE
TREATMENT WORKS(SALE AND OPERATION) ACT 1990[reprinted as in force on 5 June
1996]An Act to facilitate the sale of the State
Treatment Works, Irvinebank,tomakeprovisionforfutureoperationsoftheworksandforrelated
purposes˙Short title1.This
Act may be cited as theIrvinebank State Treatment Works
(Saleand Operation) Act 1990.˙Interpretation3.In
this Act—“Crown land”means Crown land
in accordance with theLand Act 1962.“improvements”means
improvements in accordance with theLandAct1962.“the
agreement”means the agreement between the State and
Frank Hillaannexed as a schedule.“the preliminary
agreement”means the preliminary agreement as
definedin the agreement.“the site”means
the area of land enclosed by the red outline as shown inschedule 1 to the agreement.˙Declaration of Crown land4.It is hereby declared that,
notwithstanding the provisions of any other
s54s8Irvinebank State Treatment Works (Sale
andOperation) Act 1990Act or law, all
land constituting the site was Crown land as at the date ofentry
into the preliminary agreement.˙Improvements the property of the
Crown5.It is hereby declared that,
notwithstanding any other claim of title orproperty, all
improvements on the site, save the buildings identified in
theagreement as the Old Smelter Shed, were, as
at the date of entry into thepreliminary
agreement, the property of the Crown.˙Execution of agreement authorised6.(1)The Minister, on
behalf of the State, is hereby authorised to enterinto
the agreement.(2)Theagreement,uponbeingenteredinto,hastheforceoflawasthough it were
part of this Act.(3)Thepartiestotheagreementmustperformallobligationsinaccordance with the agreement.˙Grant of mining lease7.A mining lease in relation to the site
is to be granted by the Governorin Council in
accordance with the provisions of theMineral
Resources Act1989save that where a provision of
schedule 4 of the agreement conflictswithaprovisionoftheMineralResourcesAct1989theprovisionofschedule 4 prevails over the provision of
theMineral Resources Act 1989inrelation to that mining lease.˙Grant of special lease8.(1)The Minister
within the meaning of theLand Act 1962is herebyauthorised to issue, with the approval of
the Governor in Council, a speciallease within the
meaning of that Act in relation to the area of land enclosedby
the blue outline as shown in schedule 6 to the agreement.(2)A special lease granted under
subsection (1) must be in accordancewith theLand
Act 1962save as provided for by the
agreement.
s
95s 12Irvinebank State
Treatment Works (Sale andOperation) Act 1990(3)A special lease granted in accordance
with subsection (1) is to be forthe same term as
the mining lease granted in accordance with section 7.(4)If a mining lease granted in
accordance with section 7 is terminated, aspecial lease
granted in accordance with subsection (1) is terminated as
atthe same time.˙Validation of museum reserve9.It is hereby declared that—(a)thelandcomprisinglot6onplanHG710registeredintheDepartment of
Lands being land reserved for museum purposesin accordance
with the order in council published in the gazette of7
November 1987 was and is Crown land;(b)suchreservationformuseumpurposeswasandisavalidreservation in
accordance with theLand Act 1962notwithstandingany Act or law to
the contrary.˙Licences for water10.Notwithstanding any provision of theWater Resources Act 1989, thechiefexecutiveofthedepartmentinwhichthePrimaryIndustriesCorporationAct1992isadministeredisherebyauthorisedtogrant,inaccordance with the agreement, licences
under that Act.˙Declared road reserve11.ItisherebydeclaredthattheCrownlanddepictedingreenonschedule5totheagreementwasandisdedicatedasaroadwithinthemeaning of theLand Act
1962as at the date of entry into the
preliminaryagreement.˙Old
Smelter Shed12.It is hereby declared that the
buildings identified in the Agreement astheOldSmelterShed,unlessthesubjectofpriorremovalordemolition,becomeaftertwelvemonthsfollowingthedayofcommencementofthis
s
126s 12Irvinebank State
Treatment Works (Sale andOperation) Act 1990sectionthepropertyofthepurchaserasidentifiedintheAgreementandmay
be dealt with by him as his own property notwithstanding any claim
tothe contrary.**This provision had not commenced on or
before the reprint date.
7Irvinebank State Treatment Works (Sale
andOperation) Act 1990¡SCHEDULETHIS
AGREEMENT1is made thisday of1990
BETWEEN the STATE OF QUEENSLAND (hereinafter called “theState”) of the First Part and FRANK HILLA of
Irvinebank in the State ofQueensland (hereinafter with his
heirs, administrators and permitted assignscalled “the
Purchaser”) of the Second PartWHEREAS: A. The
State has called tenders for the disposal and sale oftheStateTreatmentWorkssituatedonlandsatIrvinebank(hereinafterdefined as “the
Works”),B. After due consideration of all such
tenders the State has accepted thetender of the
Purchaser,C.ThepartiesaredesirousofenteringintothisAgreementforthepurpose of effecting the proposed sale
of the Works to the Purchaser and toprovide for the
respective rights and obligations of the parties in respect
ofthe operation of the Works and other matters
ancillary thereto as hereinafterprovidedNOW
THIS AGREEMENT WITNESSES that in consideration of thepremises the parties hereto HEREBY AGREE as
follows:—1The operative provisions of the
agreement are not reprinted in this reprint.TheyarereprintedaspartoftheIrvinebankStateTreatmentWorks(SaleandOperation) Agreement, which is bound with
this reprint.
8Irvinebank State Treatment Works (Sale
andOperation) Act 1990SCHEDULE
(continued)INWITNESSWHEREOFthepartiesheretohaveexecutedthisAgreement on the day and year first
hereinbefore writtenSigned bythe Minister for
Resource Industriesfor and on behalf of the Crown inright
of the State of Queenslandin the presence ofA Justice of the
Peace.Signed by Frank Hilla the Purchaserin
the presence ofA Justice of the Peace.
10Irvinebank State Treatment Works (Sale
andOperation) Act 19903´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationIrvinebank State Treatment Works (Sale and
Operation) Act 1990 No. 45date of assent 13 August 1990ss
1–2 commenced on date of assents 12 not yet
proclaimed into forceremainingprovisionscommenced20October1990(procpubdgaz20October1990
p 909)´5List of
annotationsCommencements 2om R1
(see RA s 37)Interpretations 3def“the Minister”om R1 (see RA s
39)
11Irvinebank State Treatment Works (Sale
andOperation) Act 1990´6Table of changed names and
titlesTABLE OF CHANGED NAMES AND TITLESunder
the Reprints Act 1992 ss 23 and 23AOldNewReference provisioncommissioner (ofWater
Resources)chief executive (of thede-partmentinwhichthePrimaryIndustriesCorpora-tionAct1992isad-ministered)Primary Industries CorporationAct
1992 ss 14 and 15´7Table of changed
citations and remade lawsTABLE OF CHANGED CITATIONS AND REMADE
LAWS
12Irvinebank State Treatment Works (Sale
andOperation) Act 1990OldMining Act 1968under the
Reprints Act 1992 ss 21A and 22NewReference provisionMineral
ResourcesAct 1989Mineral Resources
Act 1989s 418
QueenslandIrvinebank State
Treatment Works (Sale and Operation) Act 1990IRVINEBANKSTATETREATMENTWORKS(SALEANDOPERATION)AGREEMENTReprinted as in force on 5 June 1996(agreement not varied up to this
date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2003 Act No. 51 s 9
Information about this reprintThis
agreement is reprinted as at 5 June 1996.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
been made to—•use standard punctuation consistent
with current drafting practice (s 27)•use
aspects of format and printing style consistent with current
drafting practice(s 35).Also see endnotes
for information about when provisions commenced.
QueenslandIRVINEBANKSTATETREATMENTWORKS(SALEANDOPERATION)AGREEMENTTABLE
OF PROVISIONSSectionPagePART
I—PRELIMINARY2..............................................................53..............................................................64..............................................................75..............................................................7PART II—PROVISIONS RELATING TO THE
SALE OF THEWORKS1..............................................................72..............................................................73..............................................................84..............................................................85..............................................................86..............................................................8PART III—PROVISIONS RELATING TO THE
MINING LEASE1..............................................................82..............................................................83..............................................................8PART IV—PROVISIONS RELATING TO THE
OPERATION OFTHE WORKS1..............................................................92..............................................................93. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .10
s25s2Irvinebank State Treatment Works (Sale
andOperation) AgreementIRVINEBANK STATE
TREATMENT WORKS(SALE AND OPERATION) AGREEMENT[This
is a reprint of the Irvinebank State Treatment Works (Sale and
Operation)Agreement set out in the Irvinebank State
Treatment Works (Sale and Operation)Act 1990 No. 45,
schedule]PART I—PRELIMINARYThis
Agreement1shall be divided into Parts as
follows:—PART I—PRELIMINARYPARTII—PROVISIONSRELATINGTOTHESALEOFTHEWORKSPART
III—PROVISIONS RELATING TO THE MINING LEASEPARTIV—PROVISIONSRELATINGTOTHEOPERATIONOFTHE WORKSPART V—PROVISIONS
RELATING TO HISTORICAL ITEMSPART
VI—PROVISIONS RELATING TO WATERPART
VII—PROVISIONS RELATING TO LANDPART
VIII—GENERAL˙2.In this Agreement
and in the Recitals and Schedules hereto unless andexcept insofar as the context otherwise
indicates or requires—(a)Thefollowingwordsandexpressionsshallhavethemeaningsrespectively assigned to them:—“theAct”—meanstheIrvinebankStateTreatmentWorks(SaleandOperation) Act 1990.“this
Agreement”—means this Agreement and the Schedules
thereto and1Thenon-operativeprovisionsofthisagreementarenotreprintedinthisreprint.TheyarereprintedaspartoftheIrvinebankStateTreatmentWorks(SaleandOperation) Act 1990, which is bound
with this reprint.
s47s2Irvinebank State Treatment Works (Sale
andOperation) Agreementthough enacted in
the Act.˙4.ThisAgreementmaybevariedpursuanttoagreementbetweentheState and the Purchaser with the
approval of the Governor-in-Council byOrder in Council
and the provisions of this Agreement shall not be varied orthe
powers and rights of the Purchaser shall not be derogated from
except insuch manner.˙5.The Minister shall have the authority
on behalf of the State to do allthingsandtodecideallmatterspertainingtoorconnectedwiththisAgreement.PART
II—PROVISIONS RELATING TO THE SALEOF THE
WORKS˙1.The State shall
sell and the Purchaser shall buy the Works for the sumof$120,000.00payablebythePurchasertotheStateinthefollowingmanner:—(a)by a
deposit of $12,000.00 the prior receipt of which sum by theState
with the Purchaser’s tender is hereby acknowledged;(b)The balance of $108,000.00 to be paid
within 14 days of receiptby the Purchaser of notification that
the Mining Lease referred toin Part III of
this Agreement has been granted by the Governor-in-Council.Notwithstanding
the fact that the Purchaser has been in occupation of theWorks
since the date of occupation and is still in occupation thereof as
at thedate hereof pursuant to the provisions of
the Preliminary Agreement thepossession of the
Works shall be retained by the State up to the date ofpayment of the balance of the purchase money
as aforesaid and as and fromthe date of
settlement possession shall be taken by the Purchaser subject
tothe terms and conditions as set out in this
Agreement.˙2.The ownership of
the Works shall pass to and be vested absolutely inthe
Purchaser as and from the date of settlement.
s38s3Irvinebank State Treatment Works (Sale
andOperation) Agreement˙3.No undertaking or warranty is given,
either written or implied, by theState as to the
value of condition of all or any of the Works as at the date
ofsettlement.˙4.Thepartiesheretoshallpaytheirowncostsinrelationtothepreparation of this Agreement but any
stamp duty on this Agreement or anydocument
ancillary or supplementary thereto or any copies thereof shall
bepaid by the Purchaser.˙5.The items specifically excluded from
the sale herein are as set out inthe Third
Schedule hereto.˙6.ThepartiesagreethatasandfromthedateofsettlementthePreliminary Agreement shall be deemed to be
thereby terminated and to beatanendandtheyherebyreleaseanddischargeeachotherfromtheobservance of all agreements and
obligations thereunder save as may benecessary during
the transition period or for the furtherance of any of thepurposes thereof.PART
III—PROVISIONS RELATING TO THEMINING
LEASE˙1.The Purchaser
shall within 7 days after the signing of this Agreementby
the parties hereto apply in writing to the Minister for a Mining
Lease tobe granted in accordance with the terms and
conditions of this Agreementover that area
shown and outlined in red on the Plan as set out in the
FirstSchedule hereto.˙2.ThepartiesagreethatthemattersdesiredtobeincludedintheconditionsinrespectofsuchleaseshallbethoseappearinginthisAgreementandinPartsAandBoftheFourthScheduleheretoPROVIDED HOWEVER that the parties may at or
before the time of suchapplication agree to include for
consideration such further conditions as theyconsider
appropriate.˙3.If such
application is in a form satisfactory to the Minister the
Ministershallassoonaspracticableafterreceiptthereofrecommendtothe
s19s2Irvinebank State Treatment Works (Sale
andOperation) AgreementGovernor-in-Council that a lease be granted
and if granted the Minister shallcause such lease
to be issued to the Purchaser PROVIDED HOWEVERthat a lease
granted to the Purchaser shall at all times be a lease over
thesurfaceonlyofthesaidlandsandnotforanyundergroundminingwhatsoever and further that the Purchaser
may disturb the surface of thesaid lands
coloured green on the Plan as set out in the Fifth Schedule
heretoto gain access to the pipes located therein
for the purposes of carrying outrepair or
maintenance to the said pipes providing:—(a)suitable alternative access is where
necessary or where requiredmade available by the Purchaser for
public use; and(b)the road surface is restored to the
satisfaction of the Minister uponcompletion of the
repair or maintenance work so performed.PART
IV—PROVISIONS RELATING TO THEOPERATION OF THE
WORKS˙1.In this Part
“custom tin ore” shall be read and construed as meaning“an
ore of tin which has been won from a mine in which the Purchaser
hasnopecuniaryinterestandinwhichthePurchaserdoesnotderiveanyownership of the minerals extracted
therefrom”.˙2.The Purchaser
covenants with the State that on and from the date ofsettlement he shall:—(a)Operate the Works in accordance with the
terms and conditions ofthis Agreement and subject to the
conditions of the Mining Leasereferred to in
Clause 1 of Part III of this Agreement;(b)Employsuchstaffasmaybenecessaryandshallobserveallstatutory requirements imposed on
employers generally; and(c)Keep all proper
records and books of account in respect of theoperationoftheWorksandtomakethesameavailableforinspection by the Minister his
servants or agents at all reasonabletimes.
s
310s 3Irvinebank State
Treatment Works (Sale andOperation) Agreement˙3.WithoutlimitingthegeneralityofClause2ofthisPartIVthePurchaser further
covenants with the State that he:—(a)ShallkeepprovidedandmaintainingoodworkingordertheWorks for the duration of this
Agreement and any Mining LeasewhichmaybegrantedtothePurchaserpursuanttothisAgreementandshalloperatetheWorksforthepurposeofcrushing and treating tin ores to extract
mineral therefrom;(b)ShallduringthetermofanysuchMiningLeaseoperatetheWorks to provide a service to owners
of custom tin ore for thecrushing and treatment of parcels of
such ore and the extraction oftin minerals
therefrom in such manner and upon such terms andconditions as may be approved from time to
time by the Ministersave for the Purchaser’s charges in respect
thereof;(c)Shall not operate the Works for the
crushing and treatment of anyoreunlessthemannerinwhichtheservicerequiredbysub-paragraph (b) and the terms and
conditions of such serviceare approved by the Minister save for
the Purchaser’s charges inrespect thereof;(d)Shall
not unless approved by the Minister refuse the crushing andtreatment of a parcel of custom tin ore in
any one calendar monthduring the term of any such Mining
Lease on the grounds that thecapacityoftheWorksisfullycommittedunlesspriortosuchrefusal at least
650 tonnes of custom tin ore have been crushedand treated in
that calendar month;(e)In providing the service required by
sub-paragraph (b) shall at alltimes use his
best endeavours in operating the Works to achievemaximum mineral recovery and to produce a
clean marketableproduct consistent with the quality of the
custom ore received forcrushing and treatment;(f)In respect of each year ending the
30th June during the term ofanysuchMiningLeaseshallnotlaterthanthe31stJulynextfollowing submit to the Minister a
return showing:—(i)the total amount of ore crushed and
treated and concentraterecovered;
s
111s 1Irvinebank State
Treatment Works (Sale andOperation) Agreement(ii)the number of parcels and amount of
custom tin ore treatedand the concentrate recovered
therefrom;(iii)the machinery
installed and the improvements effected onthe area of the
Mining Lease and the machinery removedtherefrom;
and(g)ShallintheoperationoftheWorksduringthetermofthisAgreement and any such Mining
Lease:—(i)Comply with all relevant laws and
statutory requirements ofthe Commonwealth and the State;(ii)Pay all duties, rates, taxes and
similar charges imposed orlevied by the Commonwealth, the State,
any agency thereofor any local or public authority;(iii)Permit employees
presently occupying dwellings included inthesaletocontinuetosooccupythosedwellingswhilstemployed by the
Purchaser;(iv)Giveatleastonemonth’swrittennoticetoallpersonspresently
occupying dwellings included in the sale who arenotemployeesofthePurchaseriftenancyistobeterminated;
and(v)Permit access by the person who is
shown to be the ownerofthebuildingdescribedasOldSmelterShed(whichbuilding is not
subject to this Agreement) shown on the PlanintheFirstScheduletoenterupontheWorksatallreasonable times to carry out the
removal of that building.PART V—PROVISIONS RELATING TOHISTORICAL ITEMS˙1.The Purchaser covenants with the State
that he:—(a)shall take every reasonable precaution
to ensure that where anywork is carried out in the area in or
about the Works no damage is
s
112s 1Irvinebank State
Treatment Works (Sale andOperation) Agreementcausedtothebuildings,structures,plantandequipmentofhistoricalsignificancehereinaftersetoutinthissub-clauseasshownonthePlanintheFirstScheduleandthePurchaserundertakesnottoalter,sell,scraporotherwisedisposeoftheitems referred to
unless the approval of the Minister thereto is firsthad
and obtained.Items of Historical Significance(i)the retaining wall of the Loudon
Dam;(ii)ore storage hoppers;(iii)buildingsnumbers8and9comprisingtheoldrailwaystation and waiting room;(iv)the ruins of the assay office;(v)the old smelter site located between
buildings numbers 4 and6;(vi)building number 0 including disused
machinery foundationsadjacent thereto;(vii) buildings
numbers 1 and 2 comprising the old QueenslandNational Bank
building; and(b)shallusehisbestendeavourstopreserveandprogressivelyrestorethebuildingsreferredtoinitems(iii)and(vii)tothesatisfaction of the Minister.PROVIDED HOWEVER that the approval of the
Minister shall not benecessaryforthecarryingoutofanyworkintheareainorabouttheretaining wall of the Loudon Dam as is
specified in a Notice given to thePurchaser
pursuant to the provisions of theWater Resources
Act 1989.PART VI—PROVISIONS RELATING TO
WATER˙1.The purchaser
undertakes to the State that he shall continue to provideandmaintainathisowncostthebulkwatersupplytotheTownshipof
s
213s 1Irvinebank State
Treatment Works (Sale andOperation) AgreementIrvinebank in a manner as existed at the
date of occupation and otherwise inaccordance with
such provisions of theWaterResourcesAct1989as areapplicable from time to time.˙2.The Purchaser in
conjunction with the application for the grant of theMining Lease pursuant to this Agreement, is
entitled, notwithstanding theprovisions of
theWater Resources Act 1989, to apply to the
Commissionerof Water Resources for licences or other
authorities entitling the Purchaserto the use and
control of water as is provided in this Agreement and if theMiningLeaseisgrantedthesaidCommissionershallthenissuesuchlicences or other authorities to the
Purchaser.˙3.Notwithstanding
the provisions of this Agreement, the Commissionerof
Water Resources may direct the Purchaser by Notice in writing
givenpursuant to the provisions of theWaterResourcesAct1989to carry
outwork in the area in or about the retaining
wall of the Loudon Dam or in thearea in or about
the retaining wall of the Ibis Dam, in either case, for thepurposesofthepreservingofsafetyorwheretheinterestsofsafetyareinvolved as is specified in the Notice and
the Purchaser shall comply withthe directions
contained in the Notice.PART VII—PROVISIONS RELATING TO
LAND˙1.The Purchaser in
conjunction with the application for the grant of theMining Lease pursuant to this Agreement is
entitled to apply for and if theminingleaseisgrantedtothePurchaserpursuanttothisAgreementbegranted a special lease under the
provisions of theLand Act 1962-1988astitle
to the lands outlined on the Plan in the Sixth Schedule
PROVIDEDHOWEVERthatthetermsandconditionsofthespecialleaseshallnotderogate from or be inconsistent with the
provisions of the terms of thisAgreement and any
Mining Lease which may be granted to the PurchaserpursuanttothisAgreementexceptwhereotherwiseapprovedbytheMinister.
s
114s 7Irvinebank State
Treatment Works (Sale andOperation) AgreementPART
VIII—GENERAL˙1.NothinginthisAgreementcontainedorimpliedshallconstituteapartnership between the State and the
Purchaser.˙2.ThePurchasershallnotassignthisAgreementoranypartthereofwithout the prior consent in writing of the
State.˙3.The Purchaser
shall and does hereby completely indemnify and saveharmlesstheStateandtheMinisterfromandagainstallactions,proceedings,
claims, demands, costs, losses, damages and expenses whichmay
be brought against or made upon it or him or which it or he may
paysustain or be put to by reason of or in
consequence of or in connection withthe occupation
and operation of the Works by the Purchaser in any waywhatsoever whether in respect of any loss of
life of or injury or damage toany person
(including any agent or servant of the State or the Minister)
orproperty including any property of the State
or of the Purchaser and thePurchaser does hereby release and
discharge the State and the Minister fromanysuchaction,proceedings,claim,demand,cost,loss,damageandexpense which but for the provisions
hereof might be brought against ormade upon the
State or the Minister by the Purchaser.˙4.This agreement shall be deemed to have
commenced operation on theThirtieth day of June 1983 and acts or
things consistent with its provisionsthat have been
done by or on behalf of a party on and from that date inanticipation of its so coming into force
shall be regarded as having beendone under and in
accordance with its provisions.˙5.In any case in which the Purchaser is
obliged to perform or do an actor thing by or
within a time specified in this Agreement the Minister may
atany time and from time to time in his
absolute discretion extend the timespecified for
performing or doing that act or thing.˙6.The State may invest any deposit
moneys paid to the State pursuant tothetermsofthisAgreementinsuchmannerasitshalldetermine.Anyinterest earned on such investments
shall remain the sole property of theState.˙7.Allapprovalsnoticesdirectionsandotherwritingrequiredorappropriate to be given under the provisions
of this Agreement, shall bedeemed to be properly served if
delivered in writing personally or sent by
s
815s 8Irvinebank State
Treatment Works (Sale andOperation) Agreementregistered post to—(a)the
Minister at Queensland Minerals and Energy Centre, 61 MaryStreet, Brisbane; or(b)the
Purchaser at Irvinebank,ortosuchotherpersonsoraddressesaseachpartyfromtimetotimedesignates in writing to the other and any
such notice or other writing sentby registered
post shall unless the contrary be proved be deemed to havebeen
so given when it would have been delivered in the ordinary course
ofpost.˙8.IfthisAgreementisterminated,thevestinganddisposalofimprovements of every description in or on
the said lands shall be carriedout in a manner
then agreed to between the parties and in the event of
failureto so reach agreement the Minister shall
determine the manner PROVIDEDHOWEVERthattheentitlementsofthePurchasershallinthatcasebedeterminedaccordingtotheprovisionsofSection41oftheMining
Act1968-1986.
17Irvinebank State Treatment Works (Sale
andOperation) AgreementFIRST
SCHEDULE
18Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND
SCHEDULE˙1. Buildings(i)Buildingcontainingthetreatmentplant,workshopsandstores.Area about 2 155
square metres.Construction—timber frame,galvanised corrugated iron roof and
walls.(ii)BuildingcomprisingtheformerQueenslandNationalBankpremises situated in Macdonald Street on
Portion 18M.Area ofground floor
about 121 square metres.Area of first floor about251squaremetres.Construction—timberandconcretefloors,timber and brick walls and iron roof.Contents:One bank counter
(cedar), large;One book case (cedar), glass front, attached
to wall;One small bench topOne Malleys hot
water systemOne Red E Heat hot water system no.
7G618One Stainless steel sink and unit.One
Metters electric stove no. KLW 121T(iii)Building shown on the plan in the First
Schedule as Building No.6.Floor area about
149 square metres.Construction—timberframe, galvanised
corrugated iron roof, walls part iron and parttimber and timber
floor.Divided into four rooms and verandah.(iv)BuildingshownontheplanintheFirstScheduleasBuildingNo. 8.Area
about 186 square metres.Timber frame, galvanisedcorrugated iron walls and roof, cement
floor.Divided into fourliving quarters,
store room, bathroom, laundry and septic attachedto
building.Contains one Malleys hot water
system.(v)BuildingshownontheplanintheFirstScheduleasBuildingNo. 9 Area about
16 square metres.Timber frame, iron wallsand roof.(vi)OilRoom.Detached.Areaabout19squaremetres.Timberframe, iron walls
and roof.
19Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)(vii) Three residences situated in a south
easterly direction from thetreatment plant building—(a)one building with area of about 70
square metres.Timberframe, iron walls
and roof, timber and concrete floor;(b)one
building with area of about 72 square metres.Timberframe, iron walls and roof, timber
floor;(c)one building with area of 59 square
metres.Timber frame,iron walls and
roof, timber floor.(viii)Residence situated in Rubina Terrace
with detached laundry.Areaabout 83 square
metres.Timber frame, timber walls and floor,iron
roof.Cement floor to laundry.Contents:One
Chef Consul gas stove serial no. 79One Red E Heat
hot water system no. 6G2280One stainless steel sink and
unit(ix)Three residences situated in Macdonald
Street on Portion 19Meach having an area of 83 square
metres and a detached laundrywith cement
floor.Construction of each—timber frame,
timberwalls and floor, iron roof.Each
residence contains one electricstove, one hot
water system and one stainless steel sink and unit.˙2. Ore Dressing Plant and
Equipment14 Receiving Ore Bins—Capacity 1200
tonnes1 Mine ore TruckPlant Contained
in Building No. 01 Coarse Ore Bin—Capacity 30 tonnes1ApronFeeder—Drivenby5.6kWMotorthroughDunstanVariablespeed unit1
Conveyor—7.3 m centres 460 mm belt driven by 0.7 kW geared
motor
20Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)1Elevator—enclosedbuckettype7.6mhigh,drivenby3.7kWmotorthrough reduction
gears1 Vibrating Screen—Double Deck, driven by
3.7 kW motor1 Fine Ore Bin—Capacity 35 tonnes, fitted
with Syntron Feeder, Type F221 Primary
Crusher—Blake Type 500 mm x 230 mm driven by 18.6 kWSlip
Ring Motor1KueKenGyratoryCrusher—Size460mm—drivenby17.0kWSlipRing
Motor1 Conveyor—6.7 m centres, 355 mm belt driven
by 1.5 kW Motor throughReduction Gear Box1 Hardinge Rod
Mill—Size 2.4 m x 0.9 m driven by 18.6 kW Slip RingMotor1 Warman 2/3 Sand
Pump—driven by 3.7 kW Motor1 Single Deck Vibrator—1.2m x 0.9
m—driven by 3.7 kW Motor2 Platt 0 Concentrating Tables—driven
by 1.5 kW Motors4 Wilfley Tables, Type 11D—driven by 1.5 kW
Motors1 Hardinge Rod Mill 1.2 m x 0.6 m—driven by
5.6 kW Motor1 Wilfley Sand Pump 50 mm—driven by 3.7 kW
Motor1 Deister Overstrom Table—driven by 1.5 kW
Motor1 Wilfley Sand Pump, Size 75 mm—driven by
7.5 kW Motor1 Worthington 3 throw Plunger Pump, Size 200
mm x 225 mm—Not inoperation1 Southern Cross
Pump—Serial No. 835731/1—driven by 11.2 kW MotorNo.
F40266-18162 Isbel Vanner Tables—not in
operation1 Tin Dryer2 Fairbanks
Scales1 D.S.M. Screen
21Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)3 Cyclone Units2 Rapafine D.S.M.
Screens1 Gardner Denver Jig2 Flotation Cells
600 mm x 600 mm1 Vibrating Screen 600 mm x 675 mm1
Dust Extractor Plant1 Centrifugal Pump—Portable 38 mm driven by
1.5 kW Engine1 Electric Motor 3.7 kW No. F6KD215659 for
Sample Crusher1 Electric Motor 3.7 kW No. F6KD215454
Spare1 Electric Motor 1.5 kW No. F6KD184-1057
Spare1 Electric Motor 18.6 kW1 Turner J65
Motor Mower—not serviceable1 Black Hawk Push—Puller 30
tonne1Linatex100mmPumpdirectcoupledto22.4kWMotor—notinoperation1 Electric Motor
11.2 kW No. F4C256 761—Spare ex Worthington Pump1 set
Avery Scales—Imperial1 set Avery Scales—Metric1
Sample Crusher1Warman3-2PumpC-AHSeries“A”—drivenby22kWMcCollT.E.F.C., Electric Motor470 Metres 75 mm
Poly Pipe2 Tin Boxes3 Wheel Trays for
flotation cells3 Spare Classifier Cones
22Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)2 Spare Ball Mill Barrels1
4-ton overhead travelling monkey servicing primary crusher˙3. Workshop Plant and Equipment2
Anvils2 Bench Vices 125 mm1 Blacksmiths
Vice 250 mm1 Cement Mixer (hand)1 Dawn Pipe
vice1 Wheel Barrow1 Wilfley Table
Base2 Curving Rolls1 Extension
Ladder 6.1 m7 Fire Extinguishers1 356 mm Circular
Saw Blade1 round steel guillotine3 Bottle Neck
Jacks2 pair Trolley Wheels and axles1 set
oxy gear hoses and gauges3 chain blocks2 Wood
Trolleys2 R.S.J. Lengths 150 mm x 300 mm x 3.7
m1 Southern Cross Pump—Serial No.
83566/1—spare3 sets Pipe Dies3 sets stocks and
dies1 chain Pipe tongs
23Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)1 Come-a-long1 Blow
Lamp1 Primus1 Double Block
and Tackle (rope)1 Pair Bolt Cutters (Randles brand)1
Pair Bolt Cutters (Porters brand)1 Electric Drill
(Martin Wilson Bros. brand)1 Bottle Jack 200 mm1
Surface Stone (rubbing)1 Makita Angle Grinder 150 mm1
G.M.F. Grinder 0.7 kW No. 60360791 Spare Warman 2
x 11/2Pump
complete2 sets Stilsons 0.9 m and 0.4 m1
Electric Clock1 Arlec Battery Charger1 set
squareSundry tools1 First Aid
Kit1 Rank Arena Fridge1 Langco Urn
CS1053M1 Vulvan Stovette1 Extension
Ladder (metal)1 Screw Press1 Pulley 250 mm 2
Groove T/L B Section2 Pulley 254 mm 5 Groove T/L C
Section1 Pulley 273 mm 5 Groove T/L C
Section
24Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)1 Pulley 175 mm 5 Groove Straight B
Section1 Pulley 230 mm 4 Groove T/L B
Section1 Pulley 170 mm 2 Groove Straight C
Section1 Pulley 155 mm 3 Groove Straight A
Section1 Pulley 136 mm 4 Groove Straight A
Section1 Pulley 150 mm 4 Groove T/L B
Section1 2-ton Overhead Travelling MonkeyQuantity of Warman Parts1 Power Hack
Saw—belt driven1 Pipe Threading Machine 25 mm to 75 mm—belt
driven1 Bolt and Pipe Threading Machine—belt
driven1 Pillar Drilling Machine, capacity 38
mm—belt driven1 Bench Type Tool Grinding Machine—belt
driven1 Pillar Type Grinding Machine—belt
driven1 Lathe, open gears 2.1 Gap Bed—belt
driven1 Lathe, open gears 3.7 m Gap Bed—belt
driven1 Lathe, open gears 4.6 m Gap Bed—belt
driven1 Motor 5.6 kW Driving Workshop overhead
shafts1 Lincoln Welder, 300 Amps driven by 11.2 kW
Motor1 Rootes Forge Blower—belt driven1
Grindstone—Wet Type 1 270 mm x 150 mm belt driven1
Motor—0.7 kW—Driving Blower and Wet Grindstone1 Main Control
Board for Electric Power1 Main Switchboard1 Sub
Switchboard1 Power Hack Saw
25Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)1 Stepney Shaper1 Wolff Valve
Refacing Machine serial No. 06601821 Wolff 12 mm Two
Speed Drill S/No. A3382661 Gayrad Battery
charger—unserviceable˙4. Miscellaneous
Plant, Equipment, Tailings and Water FacilitiesDetached
BuildingSawbench—Cast Iron—914 mm—driven by 7.5 kW
MotorElectric Power and LightingElectric Cable and WiringTailingsAll tailings
deposited within area of the proposed Mining LeaseWater facilities—Operation of PlantLoudon DamWater Supply
TankIbis Dam and approximately 2 000 metres of
water pipeline connecting theIbis Dam, the
Treatment Plant and the bulk water supply tank˙5.
Office Equipment1 Suspension Filing Cabinet—Steel 0.4 m x
0.6 m x 1.0 m3 Typists Chairs3 Office
Chairs3 Visitors Chairs2 Office
Stools1 Set Fairbanks Scales1 Adding Machine
Olivetti
26Irvinebank State Treatment Works (Sale
andOperation) AgreementSECOND SCHEDULE
(continued)1 Typewriter Olympia 610 mm1
Typewriter Olivetti 457 mm1 Embossing Machine1
Canon Electronic Calculator Model L1005—unserviceable1
Canon Canola Calculator Model L8131 Set
Shelves—Particle 2.5 m x 2.1 m1 Set
Shelves—Particle 1.2 m x 2.2 m1 Set
Shelves—Metal 0.9 m x 1.6 m3 Floor Heaters—Electric K Mart3
Wall Heaters—Electric Vulcan1 Electric Kettle
Sunbeam1 Electric Clock Smiths
27Irvinebank State Treatment Works (Sale
andOperation) AgreementTHIRD
SCHEDULEItems Specifically Excluded from Sale(i)The Old Police Station Residence
situated on R181.(ii)The School of Arts buildings situated
on R83.(iii)The group of
buildings within the area of the proposed MiningLease
identified as “Old Smelter Shed” in the First Schedule.(iv)One Toyota Hi-Lux Utility Registration
No. 301-QGD.(v)Records claimed by the State Archivist
on behalf of the State ofQueensland for historical
purposes.(vi)All items of Departmental Hire Plant
stored at the Works.(vii) The Buildings situated on Portion
6.Total Floor area includingverandahsabout539squaremetres.Construction—timberframe, brick,
timber and iron walls, timber and concrete floors,corrugated iron roof.(viii)The
following office furniture and equipment—1 Office Desk 2.4
m x 0.9 m with lift up top1 Office Desk 2.3 m x 0.8 m with 2
drawers and lift up tops1 Office Desk 2.4 m x 1.1 m1
Office Desk 2.0 m x 0.9 m with 4 drawers1 Table Heavy
Type 1.8 m x 1.1 m with 2 drawers1 Table Heavy
Type 1.8 m x 1.2 m with 4 drawers1 Table Light 0.9
m x 0.6 m1 Table Light 1.2 m x 0.6 m1
Table Heavy Type 1.8 m x 1.0 m1 Table Light 1.2
m x 0.9 m1 Table Light 1.2 m x 0.6 m1
Table Light 1.5 m x 0.7 m
28Irvinebank State Treatment Works (Sale
andOperation) AgreementTHIRD SCHEDULE
(continued)1 Office Safe 0.8 m x 0.5 m1
Office Safe 0.7 m x 0.6 m1 Office Safe 0.5 m x 0.7 m1
Book Case 2.0 m x 0.5 m1 Set Shelves 1.7 m x 0.4 m1 Set
Shelves 2.2 m x 1.2 m1 Set Shelves 2.1 m x 1.2 m1 Set
Shelves 1.5 m x 0.9 m1 Set Shelves 3.4 m x 0.9 m1 Set
Shelves 2.4 m x 1.2 m1 Set Shelves 2.0 m x 0.7 m1 Set
Shelves 1.6 m x 0.9 m1 Set Shelves 1.4 m x 0.9 m1 Set
Shelves 1.8 m x 1.8 m1 Set Shelves 2.0 m x 0.9 m1 Set
Shelves 1.1 m x 1.2 m1 Set Stationery Shelves 2.1 m x 1.2
m1 Stationery Cupboard 0.9 m x 0.8 m1 Set
Storage Bins 1.8 m x 1.4 m1 Set Storage Bins 1.8 m x 1.2
m1 Filing Cabinet 0.8 m x 0.3 m1
Filing Cabinet 2.2 m x 1.2 m1 Filing Cabinet
1.3 m x 1.2 m1 Specimen Cabinet 1.8 m x 1.4 m2
sets of Drawers for Plans 1.6 m x 0.6 m1 Revolving
Chair
29Irvinebank State Treatment Works (Sale
andOperation) AgreementTHIRD SCHEDULE
(continued)1 Remington Typewriter1 Stainless Steel
Sink and Kitchen ShelvingReference Books—Ore Treatment, Engine
and Plant1 only Ruston Hornsby Alignment
Indicator1 only Outside Micrometer 0 mm—100 mm1
only Inside Micrometer 50 mm—300 mm
30Irvinebank State Treatment Works (Sale
andOperation) AgreementFOURTH
SCHEDULEPart A—Provisions of the Mining Lease˙1.A provision for
the Mining Lease to be held subject to the IrvinebankState
Treatment Works (Sale and Operation) Act 1990 and the terms of
thisAgreement.˙2.A provision to allow the surface of
the land comprised in the MiningLease to be used
for the following purposes—(a)treatment of
minerals;(b)erectionandinstallationofstructures,buildings,plantandmachinery; and(c)any
other purposes incidental to the aforegoing or connected
withthecarryingoutwithintheMiningLeaseofanyprovisionorpurpose of this Agreement.˙3.A provision for
the initial term of the Mining Lease to be 50 years anda
provision for renewal of the Mining Lease in accordance with
theMiningAct
1968-1986.˙4.A provision for
the yearly rental payable on the Mining Lease to be—(a)during the first period of twenty-five
(25) years of the term at therate applicable
to all mining leases granted under theMining
Act1968-1986as at the date of
commencement of the Mining Lease;and(b)during the next period of twenty-five
(25) years of the term at therateapplicabletoallminingleasesgrantedfromtimetotimeunder
theMining Act 1968-1986.˙5.A provision for the Mining Lease to be
subject to the covenants andconditionsapplyingtoallminingleasesasprovidedbytheMining Act1968-1986except where those covenants and conditions
are varied by thisAgreement.˙6.A provision for the Lessee to comply
with the Special Conditions asset out in Part
“B” hereto.
31Irvinebank State Treatment Works (Sale
andOperation) AgreementFOURTH SCHEDULE
(continued)˙7.A provision for
the covenants and conditions applying to the MiningLease
to be varied by agreement from time to time in accordance with
theMiningAct1968-1986butnotsothatanysuchvariationwouldbeinconsistent with this Agreement to
theMining Act 1968-1986.˙8.A provision for
the Mining Lease and the agreement to be subject tothe
provisions of theMining Act 1968-1986except where such
provisionshave been varied or modified in this
Agreement.˙9.Aprovisionforthelodgementofandmaintenanceofasecuritydeposit of $15
000 pursuant to and for the purposes of Section 29 of theMining Act 1968-1986.Part
B—Special Conditions of the Mining Lease˙1.Where in these special conditions the
term “approved” is used it shallbe read and
construed as meaning “approved by the Minister in writing”.˙2.The contained
covenants and conditions shall be complied with by theLessee unless varied by the Governor in
Council under the provisions ofsection 32A of
theMining Act 1968-1986, and then the
Lessee shall complywith the special covenants and conditions as
so varied.˙3.The Lessee shall
at all times cause all steps and things to be taken anddone
to prevent mineralised or impure water or sludge or mining
debrisresulting from mining operations within the
boundaries of the Lease fromunlawfullypolluting,obstructing,damagingorinterferingwithanywatercourse, lake or reservoir or any
land.Where such unlawful pollution,obstruction, damage or interference results
from mining operations withinthe boundaries of
the Lease, the Lessee shall, as and when required by theMinister, cause such mining operations to
cease and not be resumed until allfurther steps and
things are taken and done as will prevent such unlawfulpollution, obstruction, damage or
interference.˙4.The Lessee shall
at all times cause all steps and things to be taken anddoneastheMinisterfromtimetotimespecifieswithrespecttominingoperationswithintheboundariesoftheLeaseandtheimpounding,retention,
treatment and disposal of mineralised or impure water or
sludge
32Irvinebank State Treatment Works (Sale
andOperation) AgreementFOURTH SCHEDULE
(continued)or mining debris with a view to preventing
unlawful pollution or obstructionof, damage to, or
interference with any watercourse, lake or reservoir or anyland.˙5.TheLesseeshallonlyconstructnewdamsontheLeaseareainaccordance with an approved plan and
the Lessee shall in respect of suchdams comply with
all the provisions of theWater Resources Act 1989.˙6.Pursuant to section 60 (2) (a) of theMining Act 1968-1986the Lesseeshall—(a)prior
to the commencement of deposition of mill tailings on anyarea
of the Lease, satisfy the Minister that such area is suitable
forsuch purpose; and(b)satisfy the Minister that adequate
precautions have been taken topreventwaterthatmayleachdrainorwashfromanytailingsdumpflowingintoanynaturalwatercourseorreservoir,orsatisfy the Minister that such water will be
adequately treated.˙7.When the Minister
so requires, the Lessee shall ensure that tailingsdumps
that react with water to produce substances that are toxic to
animaland plant life, are covered by an approved
layer of inert material.˙8.When,
in the opinion of the Minister, a significant depth of
organicallyenriched soil occurs on the the area where
tailings are to be deposited theLessee
shall—(a)remove such organically enriched soil
to a depth of not less thanthree hundred millimetres;(b)stack such organically enriched soil
in an approved manner; and(c)take approved
precautions to prevent erosion of such stacked soil.˙9.The Lessee shall
grade and contour the tailings progressively, so that—(a)all drainage lines, waterways and
creek beds are reconstructed asnear as
practicable to the situation that existed prior to mining;(b)all disturbed areas conform to the
surrounding topography; and(c)allrestoredareasarestabilisedagainstthenaturalforcesoferosion.
33Irvinebank State Treatment Works (Sale
andOperation) AgreementFOURTH SCHEDULE
(continued)˙10.After an area has
been contoured in accordance with Condition 9 theLessee shall—(a)cover
the surface of the contoured area with the soil removed incompliance with Conditions 8; and(b)takesuchmeasuresastheMinistermaydirecttopromotethestabilisation of the area and the regrowth
of vegetation during theterm of the Lease.Where the
Minister is of the opinion that asignificant depth
of organically enriched soil did not exist on thearea
prior to the deposition of mullock or tailings, part (a) of
thiscondition shall not apply.˙11.Unless otherwise
provided for in this Agreement, the Lessee shalloperate, inspect and maintain all dams
situated on the area of the Lease,which are
classified as “referable” dams under theWaterResourcesAct1989, in accordance with that
Act.
34Irvinebank State Treatment Works (Sale
andOperation) AgreementFIFTH
SCHEDULE
35Irvinebank State Treatment Works (Sale
andOperation) AgreementSIXTH
SCHEDULE
36Irvinebank State Treatment Works (Sale
andOperation) AgreementENDNOTES´1Index to
endnotesPage2Date to which
amendments incorporated . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 363Key. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 364List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 37´2Date to which
amendments incorporatedThis is the reprint date mentioned in
the Reprints Act 1992, section 5(c).However,noamendmentshavecommencedoperationonorbeforethatday.FutureamendmentsoftheIrvinebankStateTreatmentWorks(SaleandOperation)Agreement may be
made in accordance with this reprint under the Reprints Act
1992,section 49.3´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered
