Reprint noteThis reprint has been reformatted to reflect current drafting styles.Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965An Act with respect to an agreement between the State and Thiess Peabody Coal Pty. Ltd.; and for purposes incidental thereto and consequent thereonPart 1Preliminary1Short titleThis Act may be cited as the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965.2Construction and collective titleThe Thiess Peabody Coal Pty. Ltd. Agreement Act 1962, and this Act may be collectively cited as the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965.Part 2Railway agreement4Execution of agreement authorisedThe Minister for Transport is hereby authorised to make, for and on behalf of the State, with Thiess Peabody Mitsui Coal Pty. Ltd., a company duly incorporated in the said State and having its registered office at care of Messieurs Thynne & Macartney, Solicitors, M.L.C. Building, Adelaide and Edward Streets, Brisbane, in the said State (the company), the agreement, a copy of which is set out in schedule 1 (the railway agreement).5Executed agreement to have force of law(1)Upon the making of the railway agreement the provisions thereof shall have the force of law as though the railway agreement were an enactment of this Act.(2)The Governor in Council shall by proclamation notify the date of the making of the railway agreement.Editor’s note—The railway agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).6Variation of railway agreement(1)The railway agreement may be varied pursuant to agreement between the Minister for the time being administering the Transport Infrastructure Act 1994, and the company with the approval of the Governor in Council by order in council and no provision of the railway agreement shall be varied nor the powers and rights of the company under the railway agreement be derogated from except in such manner.(2)Any purported alteration of the railway agreement not made and approved in such manner shall be void and of no legal effect whatsoever.(3)Unless and until the Legislative Assembly, pursuant to section 10(4), disallows by resolution an order in council approving a variation of the railway agreement made in such manner, the provisions of the agreement making such variation shall have the force of law as though such lastmentioned agreement were an enactment of this Act.7Powers of commissioner for railways(1)The commissioner for railways, the corporation constituted under the Railways Act 1914, shall have and may exercise all the powers of that Act with respect to the construction, operation and maintenance of the line of railway defined in the railway agreement as “the short line railway”.(2)However, it shall not be necessary for the procedures set forth in sections 33 to 35 of that Act to be observed in such construction.Part 3Amending agreement8Execution of amending agreement authorisedThe Minister for Mines and Main Roads is hereby authorised to make for and on behalf of the State with the company the agreement, a copy of which is set out in schedule 2 (the amending agreement) which agreement amends the agreement made 19 December 1962 a copy of which is set out in the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962, schedule (the principal agreement).9Principal agreement as amended to have force of law(1)Notwithstanding any provisions of the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962, upon the making of the amending agreement the provisions thereof and of the principal agreement as amended by the amending agreement shall have the force of law as though the amending agreement was an enactment of this Act and the principal agreement as so amended was an enactment of the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965.(2)The Governor in Council shall by proclamation notify the date of the making of the amending agreement.Editor’s note—The amending agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).Part 4Proclamations and orders in council10Proclamations and orders in council(1)Any proclamation or order in council provided for in this Act or in the railway 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 railway agreement as the Governor in Council shall think necessary or expedient to provide for, enable, or regulate the carrying out of the provisions of the railway 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 railway agreement.(3)Every such proclamation and order in council shall—

(a)be published in the gazette;

(b)upon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

(c)be laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session.

(4)If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such proclamation or order in council has been laid before it disallowing such proclamation or order in council or any part thereof, that proclamation or order in council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further proclamation or order in council.Schedule 1section 4Editor’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.Schedule 2section 8Editor’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.