{"id":"tas:act-1996-030","name":"Goldamere Pty Ltd (Agreement) Act 1996","slug":"goldamere-pty-ltd-agreement-act-1996","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"30 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106058,"registerId":"tas-act-1996-030-current","compilationNumber":null,"startDate":"2026-04-03","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 [Goldamere Pty Ltd (Agreement) Act 1996](/view/html/inforce/2026-04-12/act-1996-030) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","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 Goldamere Pty Ltd (ACN 073 634 581), trading as Australian Bulk Minerals, and Ivanhoe Capital Pte Ltd, a copy of which is set out in [Schedule 1](#JS1@EN) ;\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 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> 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.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Enforcement of Agreement","content":"### 7 Enforcement of Agreement\n\n> The Agreement may be enforced only by or on behalf of the State, an Indemnified Person or another party to it or a successor or assign of another party.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of Environmental Legislation, &c., to ABM Project","content":"### 8 Application of Environmental Legislation, &c., to ABM Project\n\n> [*\\[Section 8 Amended by No. 33 of 2023, s. 15, Applied:27 Nov 2023\\]*](/view/html/inforce/2023-11-27/act-2023-033#GS15@EN) The EMPCA, the [Land Use Planning and Approvals Act 1993](/view/html/inforce/2026-04-12/act-1993-070) , the [Tasmanian Civil and Administrative Tribunal Act 2020](/view/html/inforce/2026-04-12/act-2020-024) and any other Environmental Legislation is to apply and to be applied to the Project on the basis that–\n> \n> > > (a) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations; and\n> > \n> > > (b) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, above, beneath or emanating from the Leased Land which is or has been caused or introduced to the Leased Land on or after the commencement of the Agreement by PMI or the Crown or any person performing work for PMI or the Crown; and\n> > \n> > > (c) a term, condition or restriction imposed in any Authorisation given to ABM in relation to the Project must not require ABM to meet measurable environmental standards in respect of water quality, soil contamination or any other criterion which may be affected by contamination or pollution caused or introduced to the Leased Land before the commencement of the Agreement, but should impose management requirements which are based on the principles in [paragraph (a)](#GS8@Hpa@EN) , Best Practice Environmental Management and the principles in [clause 5 of the Agreement](#JS1@AH@EN) .","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Protection from liability","content":"### 9 Protection from liability\n\n> An Indemnified Person is not liable in respect of any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Certain action, &c., may not be taken","content":"### 10 Certain action, &c., may not be taken\n\n> > (1)  No action may be taken, or claim or demand made, against an Indemnified Person in respect of any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations.\n> \n> > (2)  Subject to [section 9](#GS9@EN) , nothing in [subsection (1)](#GS10@Gs1@EN) prevents any action being taken or claim or demand being made against an Indemnified Person for any negligence or wilful misconduct by that person which has aggravated or extended the effect of any contamination, pollutant or pollution referred to in [subsection (1)](#GS10@Gs1@EN) .","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Administration of Act","content":"### 11 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 Tasmania Development and Resources.","sortOrder":10},{"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/sg0510a.gif)](/image/sg0510a.gif)\n\n[![graphic image](/image/sg0510b.gif)](/image/sg0510b.gif)\n\n[![graphic image](/image/sg0510c.gif)](/image/sg0510c.gif)\n\n[![graphic image](/image/sg0510d.gif)](/image/sg0510d.gif)\n\n[![graphic image](/image/sg0510e.gif)](/image/sg0510e.gif)\n\n[![graphic image](/image/sg0510f.gif)](/image/sg0510f.gif)\n\n[![graphic image](/image/sg0510g.gif)](/image/sg0510g.gif)\n\n[![graphic image](/image/sg0510h.gif)](/image/sg0510h.gif)\n\n[![graphic image](/image/sg0510i.gif)](/image/sg0510i.gif)\n\n[![graphic image](/image/sg0510j.gif)](/image/sg0510j.gif)\n\n[![graphic image](/image/sg0510k.gif)](/image/sg0510k.gif)\n\n[![graphic image](/image/sg0510l.gif)](/image/sg0510l.gif)\n\n[![graphic image](/image/sg0510m.gif)](/image/sg0510m.gif)\n\n[![graphic image](/image/sg0510n.gif)](/image/sg0510n.gif)\n\n[![graphic image](/image/sg0510o.gif)](/image/sg0510o.gif)\n\n[![graphic image](/image/sg0510p.gif)](/image/sg0510p.gif)\n\n[![graphic image](/image/sg0510q.gif)](/image/sg0510q.gif)\n\n[![graphic image](/image/sg0510r.gif)](/image/sg0510r.gif)\n\n[![graphic image](/image/sg0510s.gif)](/image/sg0510s.gif)\n\n[![graphic image](/image/sg0510t.gif)](/image/sg0510t.gif)\n\n[![graphic image](/image/sg0510u.gif)](/image/sg0510u.gif)\n\n[![graphic image](/image/sg0510v.gif)](/image/sg0510v.gif)\n\n[![graphic image](/image/sg0510w.gif)](/image/sg0510w.gif)\n\n[![graphic image](/image/sg0510x.gif)](/image/sg0510x.gif)\n\n[![graphic image](/image/sg0510y.gif)](/image/sg0510y.gif)\n\n[![graphic image](/image/sg0510z.gif)](/image/sg0510z.gif)\n\n[![graphic image](/image/sg0510aa.gif)](/image/sg0510aa.gif)\n\n[![graphic image](/image/sg0510ab.gif)](/image/sg0510ab.gif)\n\n[![graphic image](/image/sg0510ac.gif)](/image/sg0510ac.gif)\n\n[![graphic image](/image/sg0510ad.gif)](/image/sg0510ad.gif)\n\n[![graphic image](/image/sg0510ae.gif)](/image/sg0510ae.gif)\n\n[![graphic image](/image/sg0510af.gif)](/image/sg0510af.gif)\n\n[![graphic image](/image/sg0510ag.gif)](/image/sg0510ag.gif)\n\n[![graphic image](/image/sg0510ah.gif)](/image/sg0510ah.gif)\n\n[![graphic image](/image/sg0510ai.gif)](/image/sg0510ai.gif)\n\n[![graphic image](/image/sg0510aj.gif)](/image/sg0510aj.gif)\n\n[![graphic image](/image/sg0510ak.gif)](/image/sg0510ak.gif)\n\n[![graphic image](/image/sg0510al.gif)](/image/sg0510al.gif)\n\n[![graphic image](/image/sg0510am.gif)](/image/sg0510am.gif)\n\n[![graphic image](/image/sg0510an.gif)](/image/sg0510an.gif)\n\n[![graphic image](/image/sg0510ao.gif)](/image/sg0510ao.gif)\n\n[![graphic image](/image/sg0510ap.gif)](/image/sg0510ap.gif)\n\n[![graphic image](/image/sg0510aq.gif)](/image/sg0510aq.gif)\n\n[![graphic image](/image/sg0510ar.gif)](/image/sg0510ar.gif)\n\n[![graphic image](/image/sg0510as.gif)](/image/sg0510as.gif)\n\n[![graphic image](/image/sg0510at.gif)](/image/sg0510at.gif)\n\n[![graphic image](/image/sg0510au.gif)](/image/sg0510au.gif)\n\n[![graphic image](/image/sg0510av.gif)](/image/sg0510av.gif)\n\n[![graphic image](/image/sg0510aw.gif)](/image/sg0510aw.gif)\n\n[![graphic image](/image/sg0510ax.gif)](/image/sg0510ax.gif)\n\n[![graphic image](/image/sg0510ay.gif)](/image/sg0510ay.gif)\n\n[![graphic image](/image/sg0510az.gif)](/image/sg0510az.gif)\n\n[![graphic image](/image/sg0510ba.gif)](/image/sg0510ba.gif)\n\n[![graphic image](/image/sg0510bb.gif)](/image/sg0510bb.gif)\n\n[![graphic image](/image/sg0510bc.gif)](/image/sg0510bc.gif)\n\n[![graphic image](/image/sg0510bd.gif)](/image/sg0510bd.gif)\n\n[![graphic image](/image/sg0510be.gif)](/image/sg0510be.gif)\n\n[![graphic image](/image/sg0510bf.gif)](/image/sg0510bf.gif)\n\n[![graphic image](/image/sg0510bg.gif)](/image/sg0510bg.gif)\n\n[![graphic image](/image/sg0510bh.gif)](/image/sg0510bh.gif)","sortOrder":11}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements and ratifies a pre-existing Agreement by giving it statutory force and modifying State laws to give full effect; the text provides no internal indication that it departs from the Agreement’s stated scope. The Act specifically allocates liability exclusions and enforcement limits consistent with the Agreement’s provisions (ss 4, 6, 8–10)."},"complexity_factors":["Agreement incorporated by reference; key definitions and operative terms sit in Schedule 1 / the Agreement, requiring consultation of that external text to interpret the Act (s 3, Sch 1).","Gives the Agreement the force of law, creating potential interactions with existing statutes that are addressed by modifying State laws 'so far as may be necessary' (s 4, s 6).","Environmental-liability carve-outs: ABM/Indemnified Persons are exempted from liability for contamination caused by 'Past Operations' and from related claims (s 8(a), s 9, s 10), which alters usual enforcement and remediation incentives.","Limits standing to enforce the Agreement to the State, an Indemnified Person, another party, or successors/assigns (s 7), narrowing third-party remedies and introducing discrete enforcement pathways.","Broad administrative discretion: Crown Ministers and Agencies are authorised and required to implement, exercise powers and discharge obligations under the Agreement, concentrating decision-making within government actors (s 5).","Complex application of environmental law: environmental statutes are to apply to the Project on a specific basis that excludes liability for pre-existing contamination and frames standards around management and 'Best Practice Environmental Management' (s 8).","Transitional administrative assignment to a named Minister and department until an Administrative Arrangements order is made, which affects governance and accountability during the transition (s 11).","Schedule content appears as scanned/graphic images (Sch 1), reducing machine-readability and increasing practical difficulty of legal review and compliance checks."],"plain_english_summary":"This Act ratifies and gives legal force to a written Agreement between the State and Goldamere Pty Ltd (trading as Australian Bulk Minerals) and Ivanhoe Capital. It authorises Ministers and agencies to implement the Agreement and modifies State laws where necessary to give it full effect (ss 3–6).\n\nIt shifts environmental responsibility for contamination caused before the Agreement away from ABM and protects Indemnified Persons from related claims, limits who may enforce the Agreement, and assigns administration to the Minister for State Development (ss 7–11)."},"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":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to remain focused on its original purpose of ratifying and giving legal effect to the agreement with Goldamere Pty Ltd. No significant scope expansion or contraction is evident from the metadata alone, though amendments recorded up to November 2023 may have modified specific terms of the underlying agreement."},"complexity_factors":["The Act itself is likely very short, acting primarily as a vehicle to ratify an attached agreement — so the legislation proper is simple","The real complexity lies in the scheduled agreement (contract), which was not provided for analysis","Agreement-ratification Acts can interact with multiple other pieces of legislation (planning, environment, land tenure), adding indirect complexity","The long operational period (since 1996, updated 2023) suggests amendments have been made, which may layer additional complexity","Limited public text available makes it difficult to assess the full scope of obligations"],"plain_english_summary":"The Goldamere Pty Ltd (Agreement) Act 1996 makes a specific contract between the Tasmanian Government and Goldamere Pty Ltd legally binding by enshrining it in statute. It therefore fixes the parties’ agreed rights and obligations in a way harder to unwind than an ordinary contract.\n\nIt affects Goldamere, the government and potentially local communities and taxpayers, but the Act’s concrete impacts depend on the agreement’s full text."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1996 Act appears to have been a straightforward ratification of a mining development agreement. However, section 8 was amended in 2023 to update which environmental laws apply to the project and to refine the liability protections. This suggests the legislation has evolved beyond its original form to address changing environmental regulatory frameworks. The Act now serves as an ongoing legal vehicle for a specific commercial arrangement rather than a one-off ratification, with the State continuing to modify general environmental law application for this specific project nearly three decades later."},"complexity_factors":["Short statute (11 sections) with straightforward structure","Only 2 defined terms in the interpretation section ('Agreement' and 'law of the State'), though section 3(2) imports definitions from the attached Agreement","Heavy reliance on external document — the full Agreement is in Schedule 1 but presented only as 50+ scanned image files, making the complete terms inaccessible in this text version","Cross-references to other Tasmanian legislation (EMPCA, Land Use Planning and Approvals Act 1993, Tasmanian Civil and Administrative Tribunal Act 2020) in section 8","Nested protective provisions in sections 8-10 with multiple conditions and exceptions (e.g., protection from liability doesn't cover 'negligence or wilful misconduct' that aggravates contamination)","Conditional modification of 'any law of the State' in section 6 — broad delegation of legislative modification to give effect to a private contract"],"plain_english_summary":"This is a Tasmanian law that rubber-stamps a commercial deal between the State Government and a mining company called Goldamere Pty Ltd (trading as Australian Bulk Minerals or 'ABM').\n\n**What it does:**\n- **Makes a private contract into public law.** The Agreement attached to the Act is given the full force of law — it's treated as if Parliament wrote it directly into the statute books.\n- **Authorises ministers and government agencies** to do whatever the Agreement requires them to do.\n- **Changes other Tasmanian laws** as needed to make the Agreement work, even if those other laws would normally block something in the deal.\n- **Shields the company from environmental liability** for pollution caused by previous mining operations ('Past Operations'). ABM doesn't have to clean up old messes left by others, and environmental permits can't force them to meet normal water quality or soil standards for pre-existing contamination.\n- **Protects 'Indemnified Persons'** (likely government officials and the company) from being sued over that historical pollution.\n- **Limits who can sue** — only the State, protected persons, or the parties to the Agreement can take legal action to enforce it.\n\n**Who it affects:**\n- **Goldamere Pty Ltd / Australian Bulk Minerals:** Gets legal certainty and liability protection for their mining project.\n- **The Tasmanian Government:** Commits to facilitating the project and indemnifying against certain environmental liabilities.\n- **Local communities and environment:** Environmental laws apply differently to this specific project — normal pollution standards are relaxed for pre-existing contamination.\n\n**Why it matters:**\nThis is an example of 'contractual legislation' where Parliament passes a law to give a specific commercial deal special legal status. It effectively overrides general environmental protection laws for this particular project, creating a bespoke legal regime. The 2023 amendment (noted in section 8) updated which environmental laws apply, showing the deal is still being actively managed nearly 30 years later."}},"importantCases":[],"_links":{"self":"/api/acts/goldamere-pty-ltd-agreement-act-1996","history":"/api/acts/goldamere-pty-ltd-agreement-act-1996/history","analysis":"/api/acts/goldamere-pty-ltd-agreement-act-1996/analysis","conflicts":"/api/acts/goldamere-pty-ltd-agreement-act-1996/conflicts","importantCases":"/api/acts/goldamere-pty-ltd-agreement-act-1996/important-cases","documents":"/api/acts/goldamere-pty-ltd-agreement-act-1996/documents"}}