{"id":"qld:act-1997-049","name":"Century Zinc Project Act 1997","slug":"century-zinc-project-act-1997","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"49 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104673,"registerId":"qld-act-1997-049-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Century Zinc Project Act 1997","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.\nThe Acts Interpretation Act 1954 , section 15DA does not apply to this Act.\n(sec.2-ssec.1) This Act commences on a day to be fixed by proclamation.\n(sec.2-ssec.2) The Acts Interpretation Act 1954 , section 15DA does not apply to this Act.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose of Act","content":"### sec.3 Purpose of Act\n\nThe 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—\nthe proposed development by Century Zinc Limited of a mine for mining zinc, lead and other minerals; and\nthe 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\nthe establishment by Century Zinc Limited of facilities at the port of Karumba for processing (including dewatering), storage and transport of mineral concentrates; and\nthe construction of associated works for the purposes mentioned in paragraphs (a) , (b) and (c) ; and\ndevelopment proposed to be undertaken on land held by the Bidunggu Aboriginal Land Trust.\n- (a) the proposed development by Century Zinc Limited of a mine for mining zinc, lead and other minerals; and\n- (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\n- (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\n- (d) the construction of associated works for the purposes mentioned in paragraphs (a) , (b) and (c) ; and\n- (e) development proposed to be undertaken on land held by the Bidunggu Aboriginal Land Trust.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 6 defines terms used in this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Taking of native title and easement","content":"# Taking of native title and easement","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Taking","content":"### sec.5 Taking\n\nNative title in land described in schedule 1 , part 1 , items 1 to 6 is taken.\nNative title in land described in schedule 1 , part 1 , item 7 may be taken by proclamation.\nAlso, the following interests in land described in schedule 1 , part 2 may be taken by proclamation—\nnative title;\nan easement.\nA proclamation under subsection (3) must state the rights and obligations to be conferred or imposed by the easement.\nA proclamation under subsection (2) or (3) is not subordinate legislation.\nInterests in land taken under this section vest in the State.\nThis section has effect despite any other Act.\nThis section applies subject to section 18 .\n(sec.5-ssec.1) Native title in land described in schedule 1 , part 1 , items 1 to 6 is taken.\n(sec.5-ssec.2) Native title in land described in schedule 1 , part 1 , item 7 may be taken by proclamation.\n(sec.5-ssec.3) Also, the following interests in land described in schedule 1 , part 2 may be taken by proclamation— native title; an easement.\n(sec.5-ssec.4) A proclamation under subsection (3) must state the rights and obligations to be conferred or imposed by the easement.\n(sec.5-ssec.5) A proclamation under subsection (2) or (3) is not subordinate legislation.\n(sec.5-ssec.6) Interests in land taken under this section vest in the State.\n(sec.5-ssec.7) This section has effect despite any other Act.\n(sec.5-ssec.8) This section applies subject to section 18 .\n- (a) native title;\n- (b) an easement.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Acquisition of Land Act 1967","content":"### sec.6 Acquisition of Land Act 1967\n\nThe Acquisition of Land Act 1967 applies to a resumption under section 5 with any necessary changes, including those mentioned in this section.\nThe provisions of the Acquisition of Land Act 1967 stated in schedule 2 do not apply to the resumption under section 5 .\nA 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 .\nSubsection (3) applies subject to the agreement and the Native Title (Queensland) Act 1993 .\nA 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 .\n(sec.6-ssec.1) The Acquisition of Land Act 1967 applies to a resumption under section 5 with any necessary changes, including those mentioned in this section.\n(sec.6-ssec.2) The provisions of the Acquisition of Land Act 1967 stated in schedule 2 do not apply to the resumption under section 5 .\n(sec.6-ssec.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 .\n(sec.6-ssec.4) Subsection (3) applies subject to the agreement and the Native Title (Queensland) Act 1993 .\n(sec.6-ssec.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 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of Acquisition of Land Act 1967","content":"### sec.7 Application of Acquisition of Land Act 1967\n\nIn applying the Acquisition of Land Act 1967 , part 4 under sections 5 and 6 —\nthe State is the constructing authority; and\na reference in the part to an owner of land includes a lessee of a lease affected by a resumption under section 5 ; and\nthe compensation claimant refers the claim for compensation to the Land Court by filing in the office of the registrar of the court—\ncopies of the claim given by the claimant to the State; and\na statement identifying the provisions of this Act or any instrument under this Act that effected the taking.\n- (a) the State is the constructing authority; and\n- (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\n- (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.\n- (i) copies of the claim given by the claimant to the State; and\n- (ii) a statement identifying the provisions of this Act or any instrument under this Act that effected the taking.\n- (i) copies of the claim given by the claimant to the State; and\n- (ii) a statement identifying the provisions of this Act or any instrument under this Act that effected the taking.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Titles","content":"# Titles","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Purpose of ss 9 – 10","content":"### sec.8 Purpose of ss 9 – 10\n\nThe 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.\nNorth Ganalanja Aboriginal Corporation & Anor v. State of Queensland & Ors. 185 CLR 595, and The Wik Peoples v. State of Queensland & Ors. 187 CLR 1\nIn this section—\nnative title Acts means the following—\nthe Native Title Act 1993 (Cwlth)\nthe Native Title (Queensland) Act 1993 .\n(sec.8-ssec.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. 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\n(sec.8-ssec.2) In this section— native title Acts means the following— the Native Title Act 1993 (Cwlth) the Native Title (Queensland) Act 1993 .\n- • the Native Title Act 1993 (Cwlth)\n- • the Native Title (Queensland) Act 1993 .","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Cancellation and grant of term lease","content":"### sec.9 Cancellation and grant of term lease\n\nTerm lease 205674 of lot 6 on CP892041, County of Gregory, Parish of Bulmung, issued to the company (the former lease ) is cancelled.\nA term lease of lot 6 on CP892041, County of Gregory, Parish of Bulmung (the new lease ) is granted to the company.\nThe new lease is taken to have been granted under the Land Act 1994 on the same terms as the former lease.\nHowever, the term of the new lease starts on the commencement of this section.\nAlso, the new lease is granted in full satisfaction of any rights arising out of or in relation to the former lease.\nAnything done under the former lease is taken to have been validly done under the new lease.\n(sec.9-ssec.1) Term lease 205674 of lot 6 on CP892041, County of Gregory, Parish of Bulmung, issued to the company (the former lease ) is cancelled.\n(sec.9-ssec.2) A term lease of lot 6 on CP892041, County of Gregory, Parish of Bulmung (the new lease ) is granted to the company.\n(sec.9-ssec.3) The new lease is taken to have been granted under the Land Act 1994 on the same terms as the former lease.\n(sec.9-ssec.4) However, the term of the new lease starts on the commencement of this section.\n(sec.9-ssec.5) Also, the new lease is granted in full satisfaction of any rights arising out of or in relation to the former lease.\n(sec.9-ssec.6) Anything done under the former lease is taken to have been validly done under the new lease.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Cancellation and grant of mining leases","content":"### sec.10 Cancellation and grant of mining leases\n\nMining leases 90045 and 90058 (the former leases ) granted under the Mineral Resources Act 1989 are cancelled.\nMining leases 90045 and 90058 (the new leases ) are granted to the company.\nThe Mineral Resources Act 1989 , section 318 does not apply to the former leases only because of their cancellation under subsection (1) .\nEach new lease is taken to be have been granted under the Mineral Resources Act 1989 on the same terms as the corresponding former lease.\nHowever, the term of each new lease starts on the commencement of this section.\nAlso, each new lease is granted in full satisfaction of any rights arising out of or in relation to the corresponding former lease.\nAnything done under the former leases is taken to have been validly done under the new leases.\n(sec.10-ssec.1) Mining leases 90045 and 90058 (the former leases ) granted under the Mineral Resources Act 1989 are cancelled.\n(sec.10-ssec.2) Mining leases 90045 and 90058 (the new leases ) are granted to the company.\n(sec.10-ssec.3) The Mineral Resources Act 1989 , section 318 does not apply to the former leases only because of their cancellation under subsection (1) .\n(sec.10-ssec.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.\n(sec.10-ssec.5) However, the term of each new lease starts on the commencement of this section.\n(sec.10-ssec.6) Also, each new lease is granted in full satisfaction of any rights arising out of or in relation to the corresponding former lease.\n(sec.10-ssec.7) Anything done under the former leases is taken to have been validly done under the new leases.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Vesting of certain port land","content":"### sec.11 Vesting of certain port land\n\nThe 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 .\nFor 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.\nCompensation 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.\nThe amount and conditions of compensation under subsection (3) are to be decided by the Governor in Council.\nConditions 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.\ns 11 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 )\n(sec.11-ssec.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 .\n(sec.11-ssec.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.\n(sec.11-ssec.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.\n(sec.11-ssec.4) The amount and conditions of compensation under subsection (3) are to be decided by the Governor in Council.\n(sec.11-ssec.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.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Declaration about easement resumed under s 5 (3) (b)","content":"### sec.12 Declaration about easement resumed under s 5 (3) (b)\n\nThis section applies to the easement mentioned in schedule 1 .\nWhether 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 .\nAlso, 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.\nFor ensuring the construction, operation and maintenance of miscellaneous transport infrastructure in the easement—\na 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\nthe licensee may enforce rights granted under the licence against the person.\n(sec.12-ssec.1) This section applies to the easement mentioned in schedule 1 .\n(sec.12-ssec.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 .\n(sec.12-ssec.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.\n(sec.12-ssec.4) For ensuring the construction, operation and maintenance of miscellaneous transport infrastructure in the easement— 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 the licensee may enforce rights granted under the licence against the person.\n- (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\n- (b) the licensee may enforce rights granted under the licence against the person.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Crossing roads, reserves, watercourses etc.","content":"### sec.13 Crossing roads, reserves, watercourses etc.\n\nThis section applies to the parts of reserves, roads, watercourses and land of other tenure mentioned in schedule 1 , part 1 , item 7 (the land ).\nThis section applies only for ensuring miscellaneous transport infrastructure can be constructed, operated and maintained across the land.\nThe rights and obligations conferred or imposed by the easement apply to the land.\nHowever, 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.\nIf the responsible entity fails to give the consent under subsection (4) , the licensee may apply to the Premier for the consent.\nThe consent of the Premier under subsection (5) is taken for all purposes to be the consent of the responsible entity.\nIn this section—\nresponsible entity means the following—\nfor a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered;\nfor a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered;\nfor a reserve—the trustee of the reserve;\nfor 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;\notherwise—the chief executive of the department through which the Land Act 1994 is administered.\ns 13 amd 2000 No. 34 s 1145 sch 3\n(sec.13-ssec.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 ).\n(sec.13-ssec.2) This section applies only for ensuring miscellaneous transport infrastructure can be constructed, operated and maintained across the land.\n(sec.13-ssec.3) The rights and obligations conferred or imposed by the easement apply to the land.\n(sec.13-ssec.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.\n(sec.13-ssec.5) If the responsible entity fails to give the consent under subsection (4) , the licensee may apply to the Premier for the consent.\n(sec.13-ssec.6) The consent of the Premier under subsection (5) is taken for all purposes to be the consent of the responsible entity.\n(sec.13-ssec.7) In this section— responsible entity means the following— for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered; for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered; for a reserve—the trustee of the reserve; 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; otherwise—the chief executive of the department through which the Land Act 1994 is administered.\n- (a) for a non-tidal watercourse—the chief executive of the department through which the Water Act 2000 is administered;\n- (b) for a tidal watercourse—the chief executive of the department through which the Transport Infrastructure Act 1994 is administered;\n- (c) for a reserve—the trustee of the reserve;\n- (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;\n- (e) otherwise—the chief executive of the department through which the Land Act 1994 is administered.","sortOrder":15},{"sectionNumber":"pt.4","sectionType":"part","heading":"Gregory outstation","content":"# Gregory outstation","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of part","content":"### sec.14 Application of part\n\nThis 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 ).","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Ministerial call-in power","content":"### sec.15 Ministerial call-in power\n\nThe Minister may call in the development application for the Gregory outstation proposal whether or not the council has decided the application.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Notice of exercise of call-in power","content":"### sec.16 Notice of exercise of call-in power\n\nThe Minister may call in the development application by written notice given to the council and—\nif the application has not been decided by the council—assess and decide the application; or\nif the application has been decided by the council—reassess and re-decide the application.\nThe notice must state the reasons for calling in the application.\nThe Minister must give a copy of the notice to the applicant and anyone else whose concurrence to the development application is required.\n(sec.16-ssec.1) The Minister may call in the development application by written notice given to the council and— if the application has not been decided by the council—assess and decide the application; or if the application has been decided by the council—reassess and re-decide the application.\n(sec.16-ssec.2) The notice must state the reasons for calling in the application.\n(sec.16-ssec.3) The Minister must give a copy of the notice to the applicant and anyone else whose concurrence to the development application is required.\n- (a) if the application has not been decided by the council—assess and decide the application; or\n- (b) if the application has been decided by the council—reassess and re-decide the application.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Effect of call-in","content":"### sec.17 Effect of call-in\n\nIf the Minister calls in the development application before the council makes a decision on the application, the Minister—\nmust continue the process from the point at which the application is called in; and\nhas the powers of the council for the application from the time the application is called in.\nIf the Minister calls in the development application after the council makes a decision on the application—\nthe process starts again from a point in the process the Minister decides; and\nthe Minister has the powers of the council for the application from that point in the process.\nAlso, if the application is called in—\nan entity whose concurrence is required may give advice about the application; and\nif an appeal has been made—the appeal is of no further effect; and\na person may not appeal against the decision of the Minister under the Act or law under which the application is made (the relevant law ).\nThe council must provide the Minister with all reasonable assistance required by the Minister to decide the application, including giving the Minister—\nall relevant material about the application the council had before the application was called in; and\nany relevant material received by the council after the application was called in.\nWhen the Minister gives notice of the decision to the applicant, the Minister must also give a copy to the council.\nThe decision of the Minister is taken to be the decision of the council under the relevant law for all purposes other than appeal.\n(sec.17-ssec.1) If the Minister calls in the development application before the council makes a decision on the application, the Minister— must continue the process from the point at which the application is called in; and has the powers of the council for the application from the time the application is called in.\n(sec.17-ssec.2) If the Minister calls in the development application after the council makes a decision on the application— the process starts again from a point in the process the Minister decides; and the Minister has the powers of the council for the application from that point in the process.\n(sec.17-ssec.3) Also, if the application is called in— an entity whose concurrence is required may give advice about the application; and if an appeal has been made—the appeal is of no further effect; and 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 ).\n(sec.17-ssec.4) The council must provide the Minister with all reasonable assistance required by the Minister to decide the application, including giving the Minister— all relevant material about the application the council had before the application was called in; and any relevant material received by the council after the application was called in.\n(sec.17-ssec.5) When the Minister gives notice of the decision to the applicant, the Minister must also give a copy to the council.\n(sec.17-ssec.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.\n- (a) must continue the process from the point at which the application is called in; and\n- (b) has the powers of the council for the application from the time the application is called in.\n- (a) the process starts again from a point in the process the Minister decides; and\n- (b) the Minister has the powers of the council for the application from that point in the process.\n- (a) an entity whose concurrence is required may give advice about the application; and\n- (b) if an appeal has been made—the appeal is of no further effect; and\n- (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 ).\n- (a) all relevant material about the application the council had before the application was called in; and\n- (b) any relevant material received by the council after the application was called in.","sortOrder":20},{"sectionNumber":"pt.5","sectionType":"part","heading":"Native title","content":"# Native title","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Effect of resumption and grant of rights in relation to native title interests","content":"### sec.18 Effect of resumption and grant of rights in relation to native title interests\n\nIt is Parliament’s intention that—\nthis Act and anything done under this Act does not extinguish and has not extinguished any native title in land; and\nthe non-extinguishment principle under the Native Title Act 1993 (Cwlth) applies to anything done under this Act.\n- (a) this Act and anything done under this Act does not extinguish and has not extinguished any native title in land; and\n- (b) the non-extinguishment principle under the Native Title Act 1993 (Cwlth) applies to anything done under this Act.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application of Native Title (Queensland) Act","content":"### sec.19 Application of Native Title (Queensland) Act\n\nFor 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.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Grant of interest taken to include certain words","content":"### sec.20 Grant of interest taken to include certain words\n\nEach interest granted by this Act is taken to include the statement in schedule 4 .","sortOrder":24},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Regulation-making power","content":"### sec.21 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 21 amd 2002 No. 71 s 4","sortOrder":26},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provision for Sustainable Planning Act 2009","content":"# Transitional provision for Sustainable Planning Act 2009","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Continuing application of pt 4","content":"### sec.22 Continuing application of pt 4\n\nPart 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.\ns 22 ins 2009 No. 36 s 872 sch 2","sortOrder":28},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Existing development applications—Gregory outstation","content":"### sec.23 Existing development applications—Gregory outstation\n\nFormer part 4 continues to apply in relation to an existing development application as if the amending Act had not been enacted.\nIn this section—\nexisting development application means a development application—\nmade under the repealed Sustainable Planning Act 2009 for the use or development to which former part 4 applied; and\nto which the Planning Act 2016 , section 288 applies.\nformer part 4 means part 4 as in force immediately before the commencement.\ns 23 ins 2016 No. 27 s 126\n(sec.23-ssec.1) Former part 4 continues to apply in relation to an existing development application as if the amending Act had not been enacted.\n(sec.23-ssec.2) In this section— existing development application means a development application— made under the repealed Sustainable Planning Act 2009 for the use or development to which former part 4 applied; and to which the Planning Act 2016 , section 288 applies. former part 4 means part 4 as in force immediately before the commencement.\n- (a) made under the repealed Sustainable Planning Act 2009 for the use or development to which former part 4 applied; and\n- (b) to which the Planning Act 2016 , section 288 applies.","sortOrder":30},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Land in which native title is or may be taken","content":"# Land in which native title is or may be taken","sortOrder":31},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Land in which native title and an easement may be taken","content":"# Land in which native title and an easement may be taken","sortOrder":32}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains closely focused on its original stated purpose: facilitating the Century Zinc mining project in Queensland by resolving native title, tenure and infrastructure corridor issues arising from the right to negotiate agreement. Subsequent amendments (2000, 2002, 2009, 2016) were limited to updating references to successor planning legislation and adding transitional provisions to preserve the Part 4 call-in power for existing applications — they did not expand or materially alter the substantive scope of the Act."},"complexity_factors":["Interaction with multiple pieces of legislation simultaneously (Native Title Act 1993 (Cwlth), Native Title (Queensland) Act 1993, Acquisition of Land Act 1967, Land Act 1994, Mineral Resources Act 1989, Transport Infrastructure Act 1994, Transport Planning and Coordination Act 1994, Water Act 2000, and successive planning Acts)","Complex native title law concepts including the non-extinguishment principle, right to negotiate provisions, and the legal consequences of the Wik and North Ganalanja High Court decisions","Multiple mechanisms for taking land interests (by direct legislative operation, by proclamation, or by surrender), each with different legal consequences","Distinction between extinguishment and suspension of native title, which is legally subtle and counter-intuitive","Retrospective legal validation of past actions done under cancelled leases","Ministerial call-in power that removes appeal rights, a significant departure from ordinary planning law","Layered transitional provisions dealing with three successive planning law regimes (Integrated Planning Act 1997, Sustainable Planning Act 2009, Planning Act 2016)","Easement framework crossing multiple land tenures (roads, reserves, watercourses, various crown and private land) with different responsible entities for each","Compensation regime that modifies but incorporates by reference provisions of the Acquisition of Land Act 1967, requiring cross-referencing to understand entitlements","Project-specific legislation that cannot be understood without reference to the broader factual and legal context of the Century Zinc negotiations"],"plain_english_summary":"## Century Zinc Project Act 1997 — What Does It Do?\n\nThis Queensland law was created to help get the **Century Zinc mine** off the ground — one of the largest zinc mines in the world, located in north-west Queensland near the Gulf of Carpentaria.\n\n### What the Act does:\n\n**1. Takes native title (Aboriginal land rights)**\nThe Act allows the Queensland Government to compulsorily acquire ('take') **native title** — the legal recognition of Aboriginal people's traditional connection to land — over specific parcels of land needed for:\n- The mine itself\n- A slurry pipeline corridor (a pipe that carries a liquid-mineral mixture) from the mine to the port of Karumba\n- Port facilities at Karumba for processing and storing minerals\n\nThe Government takes ownership of these land interests, which then vest ('transfer') to the State.\n\n**2. Compensation rights are preserved**\nPeople whose interests in land are taken have the right to claim compensation under existing Queensland law (the *Acquisition of Land Act 1967*), though the process is modified to fit this specific situation.\n\n**3. Fixes up existing leases**\nBecause of uncertainty created by landmark High Court decisions (the *Wik* case and the *North Ganalanja* case), the validity of existing leases held by Century Zinc Limited was in doubt. The Act cancels those old leases and immediately reissues new ones to clean up the legal uncertainty — without changing the practical terms.\n\n**4. Hands over port land**\nCertain land at Karumba port is formally transferred to the Ports Corporation of Queensland and declared 'strategic port land' for the project's use.\n\n**5. Creates an easement (a legal right to use someone else's land)**\nAn easement is established along the pipeline corridor, giving the pipeline operator the legal right to build and maintain infrastructure across that strip of land — including across roads, reserves and waterways.\n\n**6. Protects native title from full extinguishment**\nImportantly, the Act states that Parliament does NOT intend to permanently wipe out native title — the 'non-extinguishment principle' applies. This means native title rights are suspended while the land is used for the project, but are not destroyed forever.\n\n**7. Ministerial override for Gregory Outstation development**\nThe Act gives the Queensland Minister the power to 'call in' (take over and decide) a development application made by the **Bidunggu Aboriginal Land Trust** for land near the Gregory Outstation, bypassing the local council if needed. Decisions made by the Minister cannot be appealed.\n\n### Who does this affect?\n- **Aboriginal people and communities** with native title or traditional connections to the affected land (particularly the Waanyi people)\n- **Century Zinc Limited** (the mining company)\n- **Landholders and leaseholders** near the mine site, pipeline route, or Karumba port\n- **The Bidunggu Aboriginal Land Trust**\n- **Local councils** (especially Burke Shire Council)\n\n### Why does it matter?\nThis Act is a significant piece of project-specific legislation — it cuts through normal legal processes to make a major mining project happen quickly. It directly overrides native title rights (while technically preserving them in theory), removes normal appeal rights, and gives the executive government (the Minister and Governor in Council) unusual powers to push the project through."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"From the text provided, the Act's core scope remains the facilitation of the Century Zinc project-related land interests, easements and associated decision-making powers, as set out in the stated purpose (s.3). The provisions consistently implement takings, vesting, compensation pathways, easement declarations and a ministerial call-in power for the Gregory outstation application (ss.5–13, 15–19). No provision in the supplied text indicates a departure from that central purpose; later transitional provisions preserve those arrangements for existing planning applications (ss.22–23)."},"complexity_factors":["Cross-references to multiple other statutes (Native Title Act 1993 (Cwlth), Native Title (Queensland) Act 1993, Acquisition of Land Act 1967, Land Act 1994, Mineral Resources Act 1989, Transport Infrastructure Act 1994, Transport Planning and Coordination Act 1994, Water Act 2000) increasing interpretive load (see ss.5–7, 11–13, 18–19).","Combination of compulsory acquisition/takings, vesting of interests in the State or statutory corporation, and parallel statements preserving non-extinguishment of native title (ss.5, 11, 18–19).","Use of proclamations to trigger additional takings and lease changes, producing contingent effects dependent on executive action (s.5(2)–(3), s.11(2)).","Specific ministerial and executive discretions (Minister call-in for development applications s.15–17; Governor in Council sets compensation conditions s.11(4); Premier substitute consent s.13(5)–(6)).","Statutory modification of ordinary acquisition and compensation procedures and specified exclusions from parts of Acquisition of Land Act (s.6–7) requiring careful procedural compliance.","Licencing rules that create contract-like enforcement against landholders for infrastructure use in easements (s.12(4)), changing private rights and obligations.","Schedules and prescribed statements (schedules 1–4) that define affected land and inserted terms, creating dependence on schedule content not reproduced in the body.","Appeal limitations tied to ministerial decisions on specific planning applications (s.17(3)) that affect legal recourse complexity."],"plain_english_summary":"What this law does (mechanically)\n\n- It authorises the State to take certain native title rights and to create an easement for infrastructure linked to the Century Zinc project. Some takings happen automatically for specified parcels; others may be made by proclamation (see s.5).\n- Interests taken under the Act vest in the State (s.5(6)). The Acquisition of Land Act 1967 is applied to resumptions under this Act with specified exceptions and modifications; people whose interests are taken can claim compensation under that Act (s.6–7).\n- The Act cancels and re-grants specific land tenures to the company named in the schedules: a term lease (s.9) and two mining leases (s.10). Each new lease is treated as if granted under the relevant land/mineral statutes on the same terms, but with the lease term starting on the commencement of the relevant section.\n- Certain port land is vested in the Ports Corporation of Queensland and declared strategic port land; surrender or resumption of an existing lease may be effected by proclamation and compensation for that resumption is payable by the Ports Corporation to the named electricity authority, with amount and conditions to be decided by the Governor in Council (s.11).\n- An easement described in the schedules is declared to be a public utility easement and, if taken under this Act, is treated as acquired for miscellaneous transport infrastructure purposes under the Transport Planning and Coordination Act (s.12). A licence under the Transport Infrastructure Act relating to infrastructure in that easement operates as a contract under seal between the licensee and any person with an interest in affected land; the licensee may enforce rights under the licence against that person (s.12(4)).\n- Where the easement crosses reserves, roads, watercourses or other land identified in the schedules, the rights cannot be exercised under this Act unless the relevant responsible entity consents. If that entity refuses or fails to consent, the licensee may apply to the Premier, whose consent counts as the responsible entity’s consent (s.13).\n- The Minister has a specific power to \"call in\" a development application submitted by the Bidunggu Aboriginal Land Trust for the Gregory outstation (lot identified in s.14). If the Minister calls it in, the Minister takes over the council’s decision-making powers for that application and may reassess or re-decide it; appeals under the relevant planning law are prevented in respect of the Minister’s decision (s.15–17).\n- The Act records Parliament’s intention that it does not extinguish native title and that the non-extinguishment principle under the Commonwealth Native Title Act 1993 applies to actions under this Act (s.18). For the purposes of the Native Title (Queensland) Act 1993, a taking under s.5 is treated as acquisition under a State compulsory acquisition Act (s.19). Each interest granted is taken to include a prescribed statement in schedule 4 (s.20).\n- The Governor in Council may make regulations under the Act (s.21). The Act also contains transitional provisions preserving the operation of the Minister’s call-in power for specified existing planning applications (s.22–23).\n\nWho is affected and who decides\n\n- The company named in the schedules receives replacement leases and mining leases (s.9–10). This is a concentrated direct benefit to that company.\n- Holders of existing interests in the named parcels (including lessees) have their native title or other interests taken and vested in the State; they retain a right to claim compensation under the Acquisition of Land Act subject to the Act’s modifications (s.5, s.6(3), s.7).\n- The Ports Corporation of Queensland acquires vested port land and is liable to pay compensation to the Far North Queensland Electricity Board if a specified lease is resumed or surrendered (s.11(1),(3)). The Governor in Council sets the amount/conditions of that compensation (s.11(4)).\n- Persons with interests in land affected by the easement become subject to rights enforceable by licence-holders and may be contractually bound by licences under the Transport Infrastructure Act that operate as contracts under seal (s.12(4)).\n- Local government (Burke Shire Council) may lose final decision-making control over the Gregory outstation application if the Minister exercises the call-in power; the Minister’s decision supersedes council decision-making for that application and is final for appeals (s.15–17).\n- The Premier has a defined power to provide a substitute consent where a responsible entity fails to consent to use of particular land (s.13(5)–(6)).\n\nWhy it matters (claimed purpose and practical trade-offs)\n\n- The Act’s stated purpose is to facilitate aspects of the agreement arising from the right-to-negotiate process under the Commonwealth Native Title Act 1993 for the Century Zinc mine, associated transport corridor (including a slurry pipeline), port facilities at Karumba, and related works, and certain development on Bidunggu Aboriginal Land Trust land (s.3). That is the instrument’s explicit objective.\n\nTesting that stated purpose against costs, incentives and trade-offs (source-grounded):\n\n- Concentrated benefit vs diffuse cost: The company named receives formalised tenure and mining rights (s.9–10), while holders of native title or other interests over the specified parcels have those interests taken and vest in the State (s.5). The benefit to the company is direct and clearly defined; the costs of altered land use and permanent State vesting fall on a smaller set of affected landholders and are channeled through statutory compensation mechanisms (s.6–7, s.11(3)).\n- Financial flows and who pays: Compensation for resumptions under s.5 is payable under the Acquisition of Land Act (s.6(3)–(4)); specifically, compensation to the Far North Queensland Electricity Board for the port lease surrender or resumption is payable by the Ports Corporation (s.11(3)) and the Governor in Council sets amount/conditions (s.11(4)). The State functions as the constructing authority for compulsory acquisition procedures (s.7(1)(a)).\n- Bureaucratic discretion and decision points: The Act creates multiple executive decision points: taking by proclamation (s.5(2)–(3)), Governor in Council decisions about compensation conditions (s.11(4)), the Minister’s discretion to call in a local development application and to decide or re-decide it (s.15–17), and the Premier’s power to substitute consent where responsible entities do not consent (s.13(5)–(6)). These are explicit delegation points in the text.\n- Compliance and administrative burden on landholders: Compensation claimants must follow the Acquisition of Land Act procedure and refer claims to the Land Court with specified filings, including copies of claims given to the State and identification of the instruments effecting the taking (s.7(1)(c)). Persons with land interests may become parties to contract-like licences enforceable against them (s.12(4)).\n- Interaction with native title rules and legal risk: The Act both takes native title in specified parcels (s.5) and states Parliament’s intention that the Act does not extinguish native title and that the non-extinguishment principle applies (s.18). It also directs that a taking under s.5 is to be treated as acquisition under the Native Title (Queensland) Act 1993 (s.19). Those provisions create a legal interface between compulsory acquisition, native title protection principles, and compensation pathways — a source of implementation and litigation complexity tied to statutory interpretation.\n- Effects on private choice and market arrangements: The ease of granting enforceable licences for infrastructure within the easement (s.12(4)) and the vesting of port land in a public corporation (s.11) change who controls access and operations on affected land. Granting the company new leases (s.9–10) and declaring easements for transport infrastructure influence the company’s operational certainty and the bargaining position of other land users.\n\nImplementation risks and trade-offs\n\n- The Act concentrates decision-making power in the executive for particular planning and land-taking decisions (ministerial call-in, proclamations, Governor in Council compensation decisions). That centralisation reduces local-level finality for specified projects (s.15–17, s.5, s.11(4)).\n- The statutory attempt to preserve the non-extinguishment principle while also authorising taking of native title in named parcels (s.5, s.18–19) may produce potential legal complexity about how rights are converted, compensated, or recognised in practice.\n\nKey statutory citations: ss.3, 5–7, 9–13, 15–19, 21, 22–23."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1997 purpose of facilitating the Century Zinc mine agreement. While the core mining and pipeline provisions remain, the Act has accumulated transitional provisions (sections 22 and 23) to preserve the special Ministerial 'call-in' powers for the Gregory outstation across three successive planning regime changes (Integrated Planning Act 1997 → Sustainable Planning Act 2009 → Planning Act 2016). These later additions maintain a specific administrative override mechanism for a single Aboriginal land trust development application long after the original mine project was established, suggesting the Act now serves as a permanent legal vehicle for this specific governance arrangement rather than a time-limited project facilitation statute."},"complexity_factors":["Multiple interacting legislative regimes: cross-references to Native Title Act 1993 (Cth), Native Title (Queensland) Act 1993, Acquisition of Land Act 1967, Land Act 1994, Mineral Resources Act 1989, Transport Infrastructure Act 1994, and Transport Planning and Coordination Act 1994","Conditional and staged land acquisition: section 5 distinguishes between land 'taken' immediately versus land 'may be taken by proclamation'","Nested exceptions and savings clauses: section 6 applies Acquisition of Land Act with 'necessary changes' and specific exclusions listed in Schedule 2","Retrospective validation mechanisms: sections 9 and 10 cancel and re-grant leases with deeming provisions that validate past actions","Complex administrative pathways: section 13 creates a multi-tiered consent process for crossing different land types (roads, watercourses, reserves) with ultimate appeal to the Premier","Transitional provisions spanning multiple planning regime changes: sections 22 and 23 preserve Part 4's operation across the repeal of Integrated Planning Act 1997, Sustainable Planning Act 2009, and transition to Planning Act 2016","Reference to external schedules for land descriptions and defined terms (Schedules 1-6), requiring cross-referencing to understand scope"],"plain_english_summary":"This legislation facilitates a major mining project in Queensland—the Century Zinc mine—while navigating complex native title rights.\n\n**What it does:**\n- **Authorises land acquisition**: Allows the Queensland Government to compulsorily acquire (\"take\") native title rights over specific parcels of land needed for the mine, a slurry pipeline corridor, and port facilities at Karumba. Some land is taken immediately; other parcels can be taken later by proclamation.\n- **Validates existing leases**: Cancels and re-grants existing mining and pastoral leases to ensure they remain legally valid after the High Court's *Wik* decision (which recognised that native title could coexist with some leases). This \"removes doubt\" about whether the leases extinguished native title.\n- **Creates special easements**: Establishes a legal right-of-way (easement) for the slurry pipeline and related infrastructure across various land types, including roads, watercourses, and reserves.\n- **Provides compensation**: People who lose land rights are entitled to compensation under Queensland's standard land acquisition laws, though this is subject to the native title agreement.\n- **Ministerial override for Aboriginal land**: Gives the Queensland Minister special powers to \"call in\" and personally decide development applications for the Gregory outstation (an Aboriginal community project), bypassing the local council and removing rights of appeal.\n\n**Who it affects:**\n- Century Zinc Limited (the mining company)\n- Aboriginal landholders with native title rights (particularly the Bidunggu Aboriginal Land Trust)\n- The Ports Corporation of Queensland\n- Local councils (specifically Burke Shire Council)\n- Electricity utilities and other landholders along the pipeline route\n\n**Why it matters:**\nThis Act represents a negotiated settlement between a mining company, the Queensland Government, and Aboriginal traditional owners. It balances economic development (a major zinc mine) with native title protection by ensuring the \"non-extinguishment principle\" applies—meaning native title isn't permanently wiped out, just suspended while the mine operates. It also shows how Australian law sometimes creates special \"bespoke\" legislation for major resource projects to resolve land tenure uncertainties."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.5(1) and sec.18(a)","severity":"high","reasoning":"The term 'taken' in section 5 is a resumption/compulsory acquisition mechanism which, in property law, transfers the interest from the holder to the State. Native title, once compulsorily acquired by the State, cannot continue to exist in the hands of the original holders in any meaningful sense. Section 18 attempts to invoke the 'non-extinguishment principle' under the Native Title Act 1993 (Cwlth), but that principle applies to 'future acts' that are not acquisitions of native title itself. A compulsory acquisition of the native title interest is the paradigm case of extinguishment. The Act cannot coherently both take and not extinguish the same interest.","confidence":0.88,"description":"Section 5(1) mandatorily takes native title in land described in schedule 1, part 1, items 1 to 6 upon commencement, yet section 18(a) declares it is Parliament's intention that 'this Act and anything done under this Act does not extinguish and has not extinguished any native title in land.' The compulsory taking of native title is the quintessential act of extinguishment, creating a direct logical absurdity where the Act simultaneously takes native title and declares it has not extinguished native title."},{"type":"self_contradicting","section":"sec.9(3) and sec.9(4)","severity":"medium","reasoning":"A lease term comprises both a start date and an end date. If the new lease is on 'the same terms' as the former lease, the end date should be identical. But starting the term afresh at commencement while retaining the same duration pushes the expiry date forward. These two subsections cannot be simultaneously true without modification of the substantive terms of the lease.","confidence":0.75,"description":"Section 9(3) provides the new lease is taken to have been granted on the same terms as the former lease (including its term/duration), but section 9(4) states the term of the new lease starts on the commencement of this section. If the new lease has the same terms as the former lease including its expiry date, but the term starts fresh at commencement, the new lease would expire at a date calculated from commencement rather than from the original grant, effectively extending the lease duration beyond what the former lease provided — contradicting the 'same terms' fiction."},{"type":"self_contradicting","section":"sec.10(4) and sec.10(5)","severity":"medium","reasoning":"Same reasoning as sec.9(3)/(4). If the former mining leases had a fixed term expiring on a specific date, replicating 'the same terms' while restarting the term at a later commencement date is logically inconsistent. One provision must yield to the other, creating ambiguity about the actual expiry date of the new leases.","confidence":0.75,"description":"Identical logical problem to sec.9: each new mining lease is taken to have been granted on the same terms as the corresponding former lease (sec.10(4)), but the term of each new lease starts on commencement of this section (sec.10(5)). This creates the same internal contradiction about lease duration."},{"type":"other","section":"sec.9(5) and sec.9(6)","severity":"low","reasoning":"The deeming provision in sec.9(6) creates a legal fiction that acts occurred under an instrument that did not exist at the time. While retrospective deeming is common in legislation, combined with 'full satisfaction' and cancellation of the former lease, the provision creates an orphaned class of acts notionally under a lease that was simultaneously cancelled and replaced.","confidence":0.6,"description":"Section 9(5) grants the new lease 'in full satisfaction of any rights arising out of or in relation to the former lease', but section 9(6) deems anything done under the former lease to have been validly done under the new lease. If the former lease is cancelled and fully satisfied, there is a conceptual absurdity in retrospectively treating acts under it as acts under the new lease — the new lease did not exist when those acts were performed, and the former lease has been fully extinguished."},{"type":"impossible_compliance","section":"sec.11(3)","severity":"medium","reasoning":"The Act itself in sec.11(5) refers to 'Far North Queensland Electricity Corporation Ltd' as a distinct entity from 'The Far North Queensland Electricity Board' in sec.11(3). The amendment history (s 11 amd 1994 No. 8 s 491(3) sch 5) suggests the entity was corporatised. Directing compensation to a potentially dissolved statutory board while the Act itself acknowledges a successor corporation creates practical impossibility of compliance and potential for the compensation to fail.","confidence":0.7,"description":"Section 11(3) requires compensation for the resumption under sec.11(2) or surrender of the lease to be paid to 'The Far North Queensland Electricity Board' by the Ports Corporation of Queensland. However, the Far North Queensland Electricity Board was dissolved and replaced by Far North Queensland Electricity Corporation Ltd (referenced in sec.11(5)). Compensation is directed to an entity that may not legally exist, creating an impossible compliance scenario for the Ports Corporation."},{"type":"other","section":"sec.13(4) and sec.13(5)-(6)","severity":"low","reasoning":"While executive override of consent requirements is not unprecedented, the provision is internally illogical in that it conditions rights on consent and then immediately provides a bypass for that condition. The consent requirement in sec.13(4) is rendered effectively meaningless since the Premier can substitute consent on application. This is a structural absurdity rather than a strict legal impossibility.","confidence":0.55,"description":"Section 13(4) conditions exercise of easement rights on consent of the responsible entity, but sec.13(5)-(6) provides that if consent is refused, the Premier's consent substitutes for the responsible entity's consent. This creates a circular structure where the statutory requirement for consent of the responsible entity (who may be a local government, a trustee, or a department head with independent statutory functions) can be unilaterally overridden by the executive, potentially defeating the purpose of requiring consent in the first place."},{"type":"self_contradicting","section":"sec.17(3)(c) and sec.17(6)","severity":"medium","reasoning":"If the Minister's decision IS the council's decision for all purposes other than appeal, the 'other than appeal' carve-out implies the council's deemed decision could be appealed. But sec.17(3)(c) expressly bars any appeal against the Minister's decision under the relevant law. The two provisions together suggest appeal is simultaneously excluded (sec.17(3)(c)) and possibly contemplated (the carve-out in sec.17(6)), creating a contradiction about whether any avenue of review exists.","confidence":0.78,"description":"Section 17(3)(c) prohibits any person from appealing against the Minister's decision, while section 17(6) states the Minister's decision is taken to be the decision of the council 'for all purposes other than appeal.' The carve-out 'other than appeal' in sec.17(6) implies appeal rights may exist against the notional council decision, yet sec.17(3)(c) absolutely prohibits appeal against the Minister's decision. Since there is only one decision (the Minister's, deemed to be the council's), these provisions create an incoherent appeal landscape."}],"contradictions":[{"severity":"high","section_a":"sec.5(1)","section_b":"sec.18(a)","confidence":0.87,"description":"Section 5(1) mandatorily takes (resumes) native title in schedule 1, part 1, items 1-6 land, vesting it in the State under sec.5(6). Section 18(a) declares that this Act does not extinguish and has not extinguished any native title in land. The compulsory acquisition and vesting of native title in the State is legally indistinguishable from extinguishment of the original native title holders' interests, directly contradicting sec.18(a)."},{"severity":"high","section_a":"sec.5(6)","section_b":"sec.18(b)","confidence":0.82,"description":"Section 5(6) vests interests in land taken under section 5 in the State absolutely. Section 18(b) applies the non-extinguishment principle under the Native Title Act 1993 (Cwlth) to anything done under this Act. The non-extinguishment principle under s.238 of the NTA means native title is not extinguished but may be temporarily suppressed. These two outcomes — absolute vesting in the State versus non-extinguishment with potential revival — are legally incompatible for compulsory acquisitions of native title itself."},{"severity":"medium","section_a":"sec.9(3)","section_b":"sec.9(4)","confidence":0.73,"description":"Section 9(3) deems the new term lease granted on the same terms as the former lease (implying the same term/duration and expiry), while sec.9(4) provides the term starts on commencement of this section. If the same duration applies from a new start date, the expiry date changes, meaning the terms are not in fact the same. These subsections contradict each other on the fundamental question of when the lease expires."},{"severity":"medium","section_a":"sec.10(4)","section_b":"sec.10(5)","confidence":0.73,"description":"The same contradiction as between sec.9(3) and sec.9(4) applies to the mining leases: sec.10(4) deems the new leases on the same terms as the former leases, while sec.10(5) restarts the term at commencement, producing a different expiry date and therefore different terms."},{"severity":"medium","section_a":"sec.11(3)","section_b":"sec.11(5)","confidence":0.68,"description":"Section 11(3) directs compensation to 'The Far North Queensland Electricity Board', while sec.11(5) refers to 'Far North Queensland Electricity Corporation Ltd' as the entity that may receive an interest in land as a condition of compensation. The Act identifies two different legal entities in the same compensation scheme without explaining their relationship or which entity is entitled to receive compensation, creating a contradiction within the single compensation framework."},{"severity":"medium","section_a":"sec.17(3)(c)","section_b":"sec.17(6)","confidence":0.76,"description":"Section 17(3)(c) bars any person from appealing the Minister's decision under the relevant law. Section 17(6) deems the Minister's decision to be the council's decision for all purposes 'other than appeal', implying the deemed council decision retains some appeal-related character distinct from the Minister's decision. These provisions are contradictory: there is only one substantive decision, and it cannot simultaneously be unappealable as the Minister's decision and retain appeal characteristics as the deemed council decision."},{"severity":"medium","section_a":"sec.5(8)","section_b":"sec.18(a)","confidence":0.65,"description":"Section 5(8) states sec.5 applies subject to sec.18, suggesting sec.18 may limit the operation of sec.5. However, sec.5(1) takes native title immediately upon commencement without any condition, meaning the taking has already occurred before sec.18 can have any limiting effect. Section 18 cannot apply retrospectively to undo an immediate statutory taking, making the 'subject to sec.18' qualification in sec.5(8) ineffective and creating a contradiction between the intended subordination and the actual legislative mechanism."}]}},"importantCases":[],"_links":{"self":"/api/acts/century-zinc-project-act-1997","history":"/api/acts/century-zinc-project-act-1997/history","analysis":"/api/acts/century-zinc-project-act-1997/analysis","conflicts":"/api/acts/century-zinc-project-act-1997/conflicts","importantCases":"/api/acts/century-zinc-project-act-1997/important-cases","documents":"/api/acts/century-zinc-project-act-1997/documents"}}