{"id":"tas:act-1999-039","name":"Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1999","slug":"copper-mines-of-tasmania-pty-ltd-agreement-act-1999","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"39 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176960,"registerId":"tas-tas:act-1999-039-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1999](/view/html/inforce/2026-04-12/act-1999-039) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act –\n> > \n> > > ***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](#JS1@EN) and any variation to the agreement which takes effect in accordance with the terms of the agreement;\n> > \n> > > ***law of the State*** means an Act of the Parliament of the State and any subsidiary legislation made under any such Act.\n> \n> > (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.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Ratification, approval and effect of Agreement","content":"### 4 Ratification, approval and effect of Agreement\n\n> > (1)  The Agreement is ratified and approved.\n> \n> > (2)  The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Powers of Ministers, &c.","content":"### 5 Powers of Ministers, &c.\n\n> The Crown by its relevant Ministers and agencies is authorised, empowered and required –\n> \n> > > (a) to do all things as may be necessary or expedient to implement and enforce the Agreement; and\n> > \n> > > (b) to exercise the powers, rights and discretions conferred on them respectively under the Agreement; and\n> > \n> > > (c) to discharge all obligations imposed on them under the Agreement.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Modification of laws of the State","content":"### 6 Modification of laws of the State\n\n> > (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.\n> \n> > (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.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Protection from liability","content":"### 7 Protection from liability\n\n> > (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.\n> \n> > (2)  Nothing in [subsection (1)](#GS7@Gs1@EN) 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)](#GS7@Gs1@EN) .","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Declarations as to Project and environmental protection notice","content":"### 8 Declarations as to Project and environmental protection notice\n\n> It is declared that –\n> \n> > > (a) the Project is no longer a project of State significance under the [State Policies and Projects Act 1993](/view/html/inforce/2026-04-12/act-1993-065) ; and\n> > \n> > > (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).","sortOrder":7},{"sectionNumber":"9.","sectionType":"section","heading":null,"content":"### 9.\n\n[Copper Mines of Tasmania Pty. Ltd. (Agreement) Act 1994](/view/html/inforce/2026-04-12/act-1994-079)","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Administration of Act","content":"### 10 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for State Development; and\n> > \n> > > (b) the department responsible to the Minister for State Development in relation to the administration of this Act is the Department of State Development.","sortOrder":9},{"sectionNumber":"SCHEDULE 1 - Agreement","sectionType":"part","heading":"SCHEDULE 1 - Agreement","content":"# SCHEDULE 1 - Agreement SCHEDULE 1 - Agreement\n\n[Section 3](#GS3@EN)\n\n[![graphic image](/image/cop1.gif)](/image/cop1.gif)\n\n[![graphic image](/image/cop2.gif)](/image/cop2.gif)\n\n[![graphic image](/image/cop3.gif)](/image/cop3.gif)\n\n[![graphic image](/image/cop4.gif)](/image/cop4.gif)\n\n[![graphic image](/image/cop5.gif)](/image/cop5.gif)\n\n[![graphic image](/image/cop6.gif)](/image/cop6.gif)\n\n[![graphic image](/image/cop7.gif)](/image/cop7.gif)\n\n[![graphic image](/image/cop8.gif)](/image/cop8.gif)\n\n[![graphic image](/image/cop9.gif)](/image/cop9.gif)\n\n[![graphic image](/image/cop10.gif)](/image/cop10.gif)\n\n[![graphic image](/image/cop11.gif)](/image/cop11.gif)\n\n[![graphic image](/image/cop12.gif)](/image/cop12.gif)\n\n[![graphic image](/image/cop13.gif)](/image/cop13.gif)\n\n[![graphic image](/image/cop14.gif)](/image/cop14.gif)\n\n[![graphic image](/image/cop15.gif)](/image/cop15.gif)\n\n[![graphic image](/image/cop16.gif)](/image/cop16.gif)\n\n[![graphic image](/image/cop17.gif)](/image/cop17.gif)\n\n[![graphic image](/image/cop18.gif)](/image/cop18.gif)\n\n[![graphic image](/image/cop19.gif)](/image/cop19.gif)\n\n[![graphic image](/image/cop20.gif)](/image/cop20.gif)\n\n[![graphic image](/image/cop21.gif)](/image/cop21.gif)\n\n[![graphic image](/image/cop22.gif)](/image/cop22.gif)\n\n[![graphic image](/image/cop23.gif)](/image/cop23.gif)\n\n[![graphic image](/image/cop24.gif)](/image/cop24.gif)\n\n[![graphic image](/image/cop25.gif)](/image/cop25.gif)\n\n[![graphic image](/image/cop26.gif)](/image/cop26.gif)\n\n[![graphic image](/image/cop27.gif)](/image/cop27.gif)\n\n[![graphic image](/image/cop28.gif)](/image/cop28.gif)\n\n[![graphic image](/image/cop29.gif)](/image/cop29.gif)\n\n[![graphic image](/image/cop30.gif)](/image/cop30.gif)\n\n[![graphic image](/image/cop31.gif)](/image/cop31.gif)\n\n[![graphic image](/image/cop32.gif)](/image/cop32.gif)\n\n[![graphic image](/image/cop33.gif)](/image/cop33.gif)\n\n[![graphic image](/image/cop34.gif)](/image/cop34.gif)\n\n[![graphic image](/image/cop35.gif)](/image/cop35.gif)\n\n[![graphic image](/image/cop36.gif)](/image/cop36.gif)\n\n[![graphic image](/image/cop37.gif)](/image/cop37.gif)\n\n[![graphic image](/image/cop38.gif)](/image/cop38.gif)\n\n[![graphic image](/image/cop39.gif)](/image/cop39.gif)\n\n[![graphic image](/image/cop40.gif)](/image/cop40.gif)\n\n[![graphic image](/image/cop41.gif)](/image/cop41.gif)\n\n[![graphic image](/image/cop42.gif)](/image/cop42.gif)\n\n[![graphic image](/image/cop43.gif)](/image/cop43.gif)\n\n[![graphic image](/image/cop44.gif)](/image/cop44.gif)\n\n[![graphic image](/image/cop45.gif)](/image/cop45.gif)","sortOrder":10}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act is narrowly focused: it ratifies and gives statutory force to a single, pre-existing written Agreement and sets out consequential provisions (modification of State laws to the extent necessary, liability protections, administrative responsibility). It does not materially expand beyond that core purpose; its provisions are consistent with implementing and enforcing the Agreement rather than introducing unrelated policy or regulatory programs."},"complexity_factors":["Short Act text but depends heavily on a long external Agreement (Schedule 1) for operative definitions and detail (s 3(2), Schedule 1).","\"So far as may be necessary\" modification of all State laws to give effect to the Agreement (s 6(1)) — broad, open-textured legal effect.","Liability carve-out with a narrow exception (no liability for historic contamination except where negligence or wilful misconduct aggravated the effect) (s 7) — conditional immunity increases interpretive questions.","Enforcement of the Agreement against the Crown by persons not party to it (s 6(2)) — creates atypical standing/enforcement pathways.","Administrative obligations and discretionary powers vested in Ministers/agencies (s 5) — requires executive implementation choices.","Declarations affecting other statutory regimes (removal of 'State significance' and validation of an EPN) create cross‑statutory consequences (s 8).","Many terms and operative dates likely defined only within the embedded Agreement images in Schedule 1 (scanned pages), increasing practical difficulty of legal reading and automated analysis."],"plain_english_summary":"**What this Act does (mechanically)\n\n- Ratifies a specific written agreement between the State of Tasmania (the Crown) and Copper Mines of Tasmania Pty. Ltd. (the \"Agreement\") and makes that Agreement part of the law (s 4, Schedule 1).\n- Gives Ministers and State agencies the authority and obligation to implement and enforce the Agreement and to exercise any powers the Agreement gives them (s 5).\n- Modifies existing State laws where necessary so the Agreement operates effectively and has primacy to the extent required by the Agreement (s 6(1)).\n- Confirms that an \"Indemnified Person\" can enforce the Agreement against the Crown even if that person is not a formal party to the Agreement (s 6(2)).\n- Provides statutory protection from liability for an Indemnified Person in respect of contamination, pollutants or pollution on or from leased mining land that was caused or introduced during mining or related activities before the Agreement's Starting Date, except where the Indemnified Person has caused an aggravation by negligence or wilful misconduct (s 7).\n- Declares that a specified Project is no longer a project of State significance under the State Policies and Projects Act 1993, and treats Environmental Protection Notice (EPN) number 308/1 as valid and always having been valid (s 8).\n- Assigns administration of the Act to the Minister for State Development and the Department of State Development until an administrative rearrangement is made (s 10).\n\nWho is affected\n\n- Copper Mines of Tasmania Pty. Ltd. (the named private company) and any persons identified in the Agreement as \"Indemnified Persons.\" The Agreement (in Schedule 1) supplies many operative definitions (see s 3(2)).\n- The Crown in right of the State of Tasmania, its Ministers and agencies, who are authorised and required to act under the Agreement (s 5).\n- Third parties who might otherwise bring civil or criminal claims over historic contamination on the leased mining land: the Act limits such claims against Indemnified Persons for contamination arising before the Agreement's Starting Date, subject to the negligence/wilful misconduct exception (s 7).\n- Regulatory bodies and those relying on State project-status rules: the Act removes the Project's status as a project of State significance and confirms the validity of a particular EPN (s 8).\n\nWhy it matters (practical effects and the mechanisms that produce them)\n\n- Transfers and clarifies legal risk: by giving the Agreement statutory force (s 4) and protecting Indemnified Persons from most liability for historic contamination (s 7), the Act reduces the legal exposure of the company and related indemnified parties for pre-Starting Date pollution. Mechanically, this shifts the landscape of who can be sued and on what grounds: claims tied to historic contamination are curtailed, while claims for negligence or deliberate wrongdoing remain possible (s 7(2)).\n\n- Alters interaction with State law: the Act expressly modifies other State laws \"so far as may be necessary\" to give effect to the Agreement (s 6(1)). That means environmental, planning or other statutory regimes may be read subject to the Agreement where there is a conflict. The Agreement itself contains many operative terms and conditions (see s 3 and Schedule 1), so critical details live inside that document.\n\n- Creates an enforcement route against the Crown: an Indemnified Person can enforce the Agreement against the Crown even if not a party, which can mean the State becomes the target or guarantor of certain obligations arising under the Agreement (s 6(2)). This is a direct mechanism by which private parties can require the State to perform under the Agreement.\n\n- Locks in a regulatory fact and reduces a layer of oversight: by declaring the Project is no longer one of State significance and by validating EPN 308/1 (s 8), the Act changes which planning and assessment triggers apply and fixes the status of a particular environmental instrument.\n\nCosts, incentives, trade-offs and implementation risks (concrete mechanisms)\n\n- Who pays or bears risk: the liability protection for Indemnified Persons (s 7) reduces potential private cleanup or damages costs for those parties. Because the Agreement is enforceable against the Crown (s 6(2)), the State may assume obligations or financial exposure in place of private parties — the Act does not itself spell out the financial mechanics but creates the legal pathway for that shift.\n\n- Regulatory certainty vs reduced enforcement options: the statutory ratification of the Agreement (s 4) and explicit modification of State laws (s 6(1)) provide legal certainty to the company and investors about rights and obligations under the Agreement. The trade-off is narrower routes for third parties to pursue historic contamination claims, except where negligence or wilful misconduct can be shown (s 7(2)).\n\n- Administrative and implementation burdens: Ministers and their departments are required to take the actions necessary to implement and enforce the Agreement (s 5). That creates administrative tasks and discretionary decisions for government agencies about how and when to exercise powers and meet obligations in the Agreement.\n\n- Dependence on the Agreement's text: many operational definitions and details (for example, \"Indemnified Person,\" \"Starting Date,\" \"Leased Land\") are in the Agreement in Schedule 1 and not fully defined in the short Act (s 3(2)). That concentrates legal complexity inside the Agreement and means readers of the Act must consult the Agreement to understand key terms.\n\nKey references in the Act: s 3 (interpretation and reliance on Agreement definitions), s 4 (ratification and force of law), s 5 (powers and duties of Ministers/agencies), s 6 (modification of State laws; enforcement against Crown), s 7 (protection from liability with negligence/wilful misconduct exception), s 8 (declarations about Project status and EPN), s 10 (administration)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a project-specific ratification Act. It follows the standard Tasmanian template for giving statutory force to mining agreements. The liability shield in section 7 and the law modification power in section 6 are broad but typical for this genre of legislation. The scope has not obviously expanded beyond the original intent of facilitating the Copper Mines of Tasmania project."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Agreement' and 'law of the State'), but with a crucial cross-reference importing all definitions from the attached Agreement","Heavy reliance on undefined terms from the Agreement ('Indemnified Person', 'Leased Land', 'Starting Date', 'Project', 'Pollutant', 'Pollution') that are only explained in the image-based Schedule","Section 6 creates a broad 'modification of laws' power that automatically adjusts other Tasmanian legislation to give effect to the Agreement — a significant delegation of legislative power","Nested conditional logic in section 7: broad immunity from liability, then an exception for negligence/wilful misconduct, but only for 'aggravating' existing contamination","The actual Agreement text is presented as 45 scanned image files rather than machine-readable text, making the substantive provisions inaccessible to standard legal analysis","Section 8 contains declaratory provisions with retroactive effect ('taken to be valid and to have always been valid')","Cross-reference to repealed legislation (section 9 references the 1994 Act) without clear transitional explanation"],"plain_english_summary":"This law gives special legal status to a deal between the Tasmanian Government and a mining company called Copper Mines of Tasmania Pty. Ltd.\n\n**What it does:**\n- **Makes a private contract into public law**: The agreement between the government and the mining company is treated as if it were written directly into this Act. This means the contract terms can override other Tasmanian laws if there's a conflict.\n- **Protects certain people from being sued**: \"Indemnified Persons\" (people covered by the agreement) generally cannot be sued for pollution or contamination that existed on the mining site before a specific start date. The only exception is if they were negligent or deliberately made things worse.\n- **Changes environmental rules**: The mining project is officially removed from special \"project of State significance\" status, and a specific environmental protection notice (EPN 308/1) is declared valid.\n- **Lets the government modify other laws**: If necessary, other Tasmanian laws are automatically adjusted to make sure the agreement works as intended.\n\n**Who it affects:**\n- Copper Mines of Tasmania Pty. Ltd. and its successors\n- Government ministers and agencies who must implement the deal\n- Anyone who might want to sue over historical pollution at the mine site (they're mostly blocked from doing so)\n- The broader Tasmanian public, because this agreement can override normal environmental and planning laws\n\n**Why it matters:**\nThis is a classic example of \"contractual legislation\" — where a government passes a law to give a private commercial deal special legal force. It effectively shields the mining company and related parties from liability for past environmental damage, while ensuring the project can proceed without being caught up in normal environmental approval processes. The Schedule containing the actual agreement text appears only as scanned images, making the full terms inaccessible to text-based analysis."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained in its original form since commencement on 1 September 1999. No amendments are evident from the information provided, suggesting the scope has not materially changed from its original intent of ratifying the specific agreement with Copper Mines of Tasmania Pty. Ltd."},"complexity_factors":["The Act itself is structurally simple, but its real legal content is hidden in an attached agreement/schedule not reproduced in the text provided","Resource agreement Acts often contain complex cross-references to mining law, environmental law, and taxation law","The agreement may include negotiated terms that deviate from standard legislative rules, creating legal complexity for anyone trying to understand the full regulatory picture","Assessing actual obligations requires reading the underlying commercial agreement, which may use technical mining or legal terminology","Potential interactions with other Tasmanian and Commonwealth legislation (e.g. Environmental Protection, Mining Act, Native Title) are not visible from the Act text alone"],"plain_english_summary":"This Act converts a specific agreement between the Tasmanian Government and Copper Mines of Tasmania Pty. Ltd. into law, making the deal legally binding and giving the company long‑term certainty while locking the government into enforceable commitments. \n\nIt affects the company, government, local communities and taxpayers (particularly if concessions or obligations like royalties, land access or environmental measures are involved). The Schedule contains the agreement’s detailed terms."}},"importantCases":[],"_links":{"self":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999","history":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999/history","analysis":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999/analysis","conflicts":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999/conflicts","importantCases":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999/important-cases","documents":"/api/acts/copper-mines-of-tasmania-pty-ltd-agreement-act-1999/documents"}}