Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1999

An Act to provide for the approval and ratification of an Agreement with respect to mining and mineral processing operations at Mt. Lyell, for the repeal of the Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1994 and the Copper Mines of Tasmania Pty. Ltd. (Agreement) Amendment Act 1995 , and for related matters

[Royal Assent 16 July 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1999 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Interpretation

(1)  In this Act –

Agreement means the agreement made between the Crown in right of the State of Tasmania and Copper Mines of Tasmania Pty. Ltd., a copy of which is set out in Schedule 1 and any variation to the agreement which takes effect in accordance with the terms of the agreement;

law of the State means an Act of the Parliament of the State and any subsidiary legislation made under any such Act.

(2)  If a word or expression used in this Act is defined in the Agreement, that word or expression has, unless the contrary intention appears in this Act, the same meaning in this Act as in the Agreement.

4.   Ratification, approval and effect of Agreement

(1)  The Agreement is ratified and approved.

(2)  The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act.

5.   Powers of Ministers, &c.

The Crown by its relevant Ministers and agencies is authorised, empowered and required –

(a) to do all things as may be necessary or expedient to implement and enforce the Agreement; and

(b) to exercise the powers, rights and discretions conferred on them respectively under the Agreement; and

(c) to discharge all obligations imposed on them under the Agreement.

6.   Modification of laws of the State

(1)  The provisions of any law of the State are modified, so far as may be necessary, to give full effect to the Agreement and are, except where the contrary intention appears in the Agreement, to be construed subject to any such modification.

(2)  The Agreement is enforceable and may be enforced against the Crown by an Indemnified Person notwithstanding that the Indemnified Person is not a party to the Agreement.

7.   Protection from liability

(1)  Except as specified to the contrary in the Agreement, an Indemnified Person is not liable and no action may be taken, or claim, demand or requirement made, whether criminal or civil or public or private, against an Indemnified Person in respect of any contamination, Pollutant or Pollution on, above, beneath or emanating or emanated from the Leased Land which has been caused or introduced to the Leased Land during any mining, operations, activities, occupation or use of that land before the Starting Date or any Pollutant, Pollution or contamination resulting from such Pollutant, Pollution or contamination.

(2)  Nothing in subsection (1) prevents any action being taken or claim or demand being made against an Indemnified Person for any negligence or wilful misconduct by it which has aggravated the effect of any contamination, Pollutant or Pollution referred to in subsection (1) .

8.   Declarations as to Project and environmental protection notice

It is declared that –

(a) the Project is no longer a project of State significance under the State Policies and Projects Act 1993 ; and

(b) EPN number 308/1 is taken to be valid and to have always been valid (without in any way limiting the possible variation or revocation of that EPN).

9.   

The amendments effected by this section have been incorporated into the authorised version of the Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1994 .

10.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for State Development; and

(b) the department responsible to the Minister for State Development in relation to the administration of this Act is the Department of State Development.

SCHEDULE 1 - Agreement

Section 3