{"id":"tas:act-1996-064","name":"Iron Ore (Savage River) Arrangements Act 1996","slug":"iron-ore-savage-river-arrangements-act-1996","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"64 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176988,"registerId":"tas-tas:act-1996-064-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 [Iron Ore (Savage River) Arrangements Act 1996](/view/html/inforce/2026-04-12/act-1996-064) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> > (1)  The provisions of this Act commence on a day or days to be proclaimed.\n> \n> > (2)  A proclamation under [subsection (1)](#GS2@Gs1@EN) may declare that the proclamation is not to take effect unless any condition specified in the proclamation has been satisfied.\n> \n> > (3)  Where the taking effect of any proclamation made under this section is subject to the satisfaction of any condition specified in the proclamation, the Minister, within 7 days of the date on which the proclamation took effect, is to give notice in the *Gazette* of that date.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***Company*** means Pickands Mather & Co. International, a company organised and existing under the laws of the State of Delaware in the United States of America, and includes any related body corporate of the Company and all officers and agents of the Company and any such related body corporate;\n> \n> > ***Deed of Variation*** means the Deed of Variation, a copy of which is set out in [Schedule 1 to the](/view/html/inforce/2026-04-12/act-1990-025#JS1@EN) [Iron Ore (Savage River) Deed of Variation Act 1990](/view/html/inforce/2026-04-12/act-1990-025) ;\n> \n> > ***Director*** has the same meaning as in the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> \n> > ***environment*** has the same meaning as in the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) ;\n> \n> > [*\\[Section 3 Amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001\\]*](/view/html/inforce/2001-07-15/act-2001-042#JS1@Ja36@GC1@EN) ***officer*** has the same meaning as in the Corporations Act;\n> \n> > ***Original Lessee*** means any of the Original Lessees as described in the Recitals to the Deed of Variation, and includes any related body corporate of an Original Lessee and all officers and agents of an Original Lessee and any such related body corporate;\n> \n> > ***Principal Lease*** means the Principal Lease as described in the Recitals to the Deed of Variation;\n> \n> > ***related body corporate*** has the same meaning as in the [Corporations Law](/view/html/inforce/2026-04-12/act-1990-041#HP3@EN) ;\n> \n> > ***Savage Project*** has the same meaning as in the [Deed of Variation](/view/html/inforce/2026-04-12/act-1990-025#JS1@EN) and includes all operations, works or undertakings in connection with the continuation by the Company of the Savage Project as so defined between the conclusion of the Principal Lease and the commencement of [section 8](#GS8@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Certain action may not be taken","content":"### 4 Certain action may not be taken\n\n> > (1)  Subject to [section 5](#GS5@EN) , on and after the commencement of this section, no action or proceeding may be instituted or continued, or claim or demand made, by any person in respect of any contamination, pollution or other harm to the environment which has resulted or results from the Savage Project.\n> \n> > (2)  This section ceases to have effect on 30 April 1997 if [section 8](#GS8@EN) has not commenced by that date.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Certain action may be taken by Crown","content":"### 5 Certain action may be taken by Crown\n\n> > (1)  After the commencement of this section and until the commencement of [section 8](#GS8@EN) , the Crown may take action against the Company in respect of any contamination, pollution or other harm to the environment which has resulted or may result from the Savage Project –\n> > \n> > > > (a) for the purpose of requiring compliance with an instrument specified in [Schedule 1](#JS1@EN) , except to the extent that such compliance has been waived in writing by the Director either before or after the commencement of this section having regard to –\n> > > > \n> > > > > > (i) the completion of the Savage Project; or\n> > > > > \n> > > > > > (ii) any agreement between the Company and the Crown under which particular works are to be carried out by the Company in connection with the completion of the Savage Project; or\n> > > > > \n> > > > > > (iii) the intention that mining and processing activities at Savage River and Port Latta are to resume under another operator after the completion of the Savage Project; or\n> > > \n> > > > (b) in relation to any contamination, pollution or harm to the environment which is caused or is likely to be caused by any act or omission of the Company after the commencement of this section and which –\n> > > > \n> > > > > > (i) is not an ordinary or probable consequence of contamination, pollution or harm to the environment which is in existence at the commencement of this section; and\n> > > > > \n> > > > > > (ii) is not an ordinary or probable consequence of works carried out pursuant to and in accordance with any agreement between the Crown and the Company in connection with the completion of the Savage Project; and\n> > > > > \n> > > > > > (iii) is, or is likely to give rise to, serious environmental harm, or material environmental harm, within the meaning of the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) .\n> \n> > (2)  This section ceases to have effect on 30 April 1997 if [section 8](#GS8@EN) has not commenced by that date.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Certain notices suspended","content":"### 6 Certain notices suspended\n\n> On and after the commencement of this section, any notice given to the Company under [Part 5 of the Deed of Variation](/view/html/inforce/2026-04-12/act-1990-025#JS1@EN) before the commencement of this section is suspended until 30 April 1997 or the commencement of [section 7](#GS7@EN) , whichever first occurs.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Certain notices taken to have been complied with","content":"### 7 Certain notices taken to have been complied with\n\n> On and after the commencement of this section, any notice given to the Company under [Part 5 of the Deed of Variation](/view/html/inforce/2026-04-12/act-1990-025#JS1@EN) before the commencement of this section is extinguished.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Termination of certain requirements and obligations","content":"### 8 Termination of certain requirements and obligations\n\n> > (1)  On and after the commencement of this section –\n> > \n> > > > (a) any order made against, any notice or requirement issued to or other action taken against the company or an Original Lessee under any Act in relation to contamination, pollution or other harm to the environment from the Savage Project is extinguished, other than any order, notice, requirement or other action arising before the commencement of this section under [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) ; and\n> > > \n> > > > (b) no order may be made against, no notice or requirement issued to or other action taken against the Company or an Original Lessee under any Act in relation to contamination, pollution or other harm to the environment which has resulted from the Savage Project, other than an order which –\n> > > > \n> > > > > > (i) is consequential on action taken by the Crown before the commencement of this section in accordance with [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) ; and\n> > > > > \n> > > > > > (ii) is limited to the contamination, pollution or other harm to the environment in respect of which that action was taken; and\n> > > > > \n> > > > > > (iii) does not, in conjunction with any other action taken by the Crown under [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) in respect of the same contamination, pollution or harm to the environment and in conjunction with any other order obtained by the Crown after the commencement of this section in respect of that contamination, pollution or harm, require expenditure by the Company or an Original Lessee of an amount in excess of the agreed rectification cost; and\n> > > \n> > > > (c) the Company is taken to have satisfied its rehabilitation obligations in connection with the Savage Project, whether arising under [Part 5 of the Deed of Variation](/view/html/inforce/2026-04-12/act-1990-025#JS1@EN) , the [Environmental Management and Pollution Control Act 1994](/view/html/inforce/2026-04-12/act-1994-044) or any other law, other than any rehabilitation obligations arising by reason of action taken by the Crown before the commencement of this section in accordance with [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) [(b)](#GS5@Gs1@Hpb@EN) .\n> \n> > (2)  In this section, ***agreed rectification cost*** means the cost of complying with, or responding to, the relevant action taken by the Crown under [section 5](#GS5@EN) [(1)](#GS5@Gs1@EN) as agreed between the Company and the Crown before the commencement of this section or as fixed pursuant to such an agreement.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Administration of Act","content":"### 9 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":8},{"sectionNumber":"SCHEDULE 1 - Instruments","sectionType":"part","heading":"SCHEDULE 1 - Instruments","content":"# SCHEDULE 1 - Instruments SCHEDULE 1 - Instruments\n\n[Section 5](#GS5@EN) [(1)](#GS5@Gs1@EN)\n\n| 1. | The ERP, as defined in the Deed of Variation. |\n|  |  |\n| 2. | The Savage River Mines Tailing Dam Abandonment Review 1990. |\n|  |  |\n| 3. | The Savage River Mines Final Environment Management Plan, March 1996. |\n|  |  |\n| 4. | The Savage River Mines Environmental Rehabilitation Plan Supplement, March 1996. |\n|  |  |\n| 5. | The temporary licence issued to the Company under section 42 of the Crown Lands Act 1976 dated 2 June 1996. |\n|  |  |\n| 6. | Permit 17/96 approved by the Waratah-Wynyard Council under the Land Use Planning and Approvals Act 1993 on 27 May 1996. |\n|  |  |\n| 7. | Permit 37/96 approved by the Circular Head Council under the Land Use Planning and Approvals Act 1993 on 29 May 1996. |","sortOrder":9}],"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, the Act appears to have remained focused on its original purpose of governing iron ore mining arrangements at Savage River since 1996, with no indication of scope changes. The absence of substantive text prevents a more detailed assessment."},"complexity_factors":["Resource agreement acts typically involve complex schedules with detailed commercial, environmental, and operational obligations","Interaction between state legislation and private contractual arrangements creates interpretive complexity","Mining law often cross-references multiple other statutes (e.g., environmental, land tenure, royalty legislation)","The document provided contains only metadata, not the substantive text of the Act, limiting analysis","Historical amendments since 1996 may have significantly altered original obligations"],"plain_english_summary":"The Act locks the negotiated deal between the Tasmanian Government and the Savage River iron‑ore operators into law, creating an enforceable framework for their rights, obligations, royalties and project terms. \n\nIt affects the mine operators, the State, local communities and workers by providing legal certainty and a stable basis for regulation, economic benefits and compliance."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does not expand the geographic or substantive scope of the Savage Project or amend the underlying Deed of Variation; it reallocates enforcement and liability mechanics for environmental contamination by suspending private actions, preserving limited Crown powers, and extinguishing certain regulatory obligations subject to agreed rectification costs and temporal conditions (see ss 4–8 and Schedule 1). The text itself contains no provision that broadens the original project scope."},"complexity_factors":["Extensive cross-references to external instruments (the Deed of Variation, Environmental Management and Pollution Control Act 1994, Corporations Law/Act) requiring external reading to interpret (see s 3 and definitions).","Conditional and staged commencement powers including proclamations and satisfaction of conditions (s 2), plus Ministerial Gazette notice requirement (s 2(3)).","Time-limited provisions that lapse if later sections do not commence by a specified date (ss 4–6 reference 30 April 1997), creating temporal complexity.","Differing treatment of private claims (banned: s 4) versus Crown actions (preserved but limited: s 5), requiring careful parsing of who may sue and when.","Subtle legal tests distinguishing ordinary/probable consequences of existing contamination from new acts causing serious or material harm that justify Crown action (s 5(1)(b)(i)–(iii)).","Extinguishment and qualification of regulatory orders and rehabilitation obligations with an agreed-cost cap mechanism (s 8 and definition of \"agreed rectification cost\").","Suspension then extinguishment of notices issued under the Deed of Variation (ss 6–7) and a Schedule listing multiple specific instruments that interact with enforcement (Schedule 1).","Definitions concentrate obligations on a named foreign company and its related bodies, producing concentrated beneficiary/obligor identities (s 3).","Transitional administrative assignment to a specific Minister and Department pending Administrative Arrangements orders (s 9), adding governance detail."],"plain_english_summary":"This Act stops private lawsuits or claims against Pickands Mather & Co (and related lessees) for environmental contamination from the Savage Project, while allowing the Crown narrowly limited rights to act and setting conditions that suspend or extinguish certain regulatory notices and rehabilitation obligations. It matters because it reallocates who can enforce and pay for environmental remediation, ties any Crown orders to agreed rectification costs, and places time and condition limits on those protections."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to serve its original purpose of providing a statutory framework for the exit of Pickands Mather & Co. from the Savage River mine. The scope remains tightly focused on environmental liability shielding for this specific company and project, with no evidence of significant expansion beyond the original intent to facilitate the mine's transition to new operators while managing legacy environmental obligations."},"complexity_factors":["Heavy cross-referencing to external documents (Deed of Variation 1990, Environmental Management and Pollution Control Act 1994, Corporations Law) that are not reproduced in the Act","Nested conditional logic in Section 5(1)(b) with three cumulative requirements (i, ii, iii) that must all be satisfied","Complex defined terms including recursive definitions ('Company' includes related bodies corporate, officers, and agents)","Interdependent commencement structure where Sections 4, 5, and 6 expire if Section 8 doesn't commence by 30 April 1997","Capped liability mechanism in Section 8(1)(b)(iii) requiring calculation of 'agreed rectification cost' across multiple actions","Schedule 1 references specific technical documents (ERP, Tailing Dam Abandonment Review, Environmental Management Plans) by name without inclusion in the Act"],"plain_english_summary":"This is a Tasmanian law that gives a specific American mining company (Pickands Mather & Co.) a legal shield against environmental lawsuits and cleanup obligations for the Savage River iron ore mine in Tasmania.\n\n**What it does:**\n- **Blocks lawsuits:** Once this Act starts, nobody can sue the Company for pollution or environmental damage caused by the Savage River mine (Section 4).\n- **Limits government action:** The Tasmanian Government (\"the Crown\") can only take limited enforcement action against the Company for new pollution, not old pollution, and only if it causes \"serious\" or \"material\" environmental harm (Section 5).\n- **Wipes out existing notices:** Any cleanup notices already issued to the Company under the 1990 Deed of Variation are suspended and then extinguished (Sections 6-7).\n- **Terminates obligations:** When Section 8 kicks in, all environmental orders against the Company are cancelled, and the Company is legally deemed to have satisfied all its rehabilitation (cleanup) obligations—even if the site is still polluted (Section 8).\n\n**Who it affects:**\n- **Pickands Mather & Co.** (and its related companies, officers, and agents) — they get immunity from environmental liability.\n- **The Tasmanian Government** — it loses most of its power to force the Company to clean up the mine site.\n- **Local communities and environment** — they lose the right to sue for pollution damage and must rely on any cleanup the government negotiates before the Act takes full effect.\n\n**Why it matters:**\nThis is a rare example of a government using legislation to extinguish environmental liabilities for a specific private company. It effectively lets the Company walk away from the Savage River mine without fully cleaning up its mess, provided it meets certain negotiated conditions. The Act includes a \"sunset clause\" — if Section 8 doesn't start by 30 April 1997, the protections expire."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/iron-ore-savage-river-arrangements-act-1996","history":"/api/acts/iron-ore-savage-river-arrangements-act-1996/history","analysis":"/api/acts/iron-ore-savage-river-arrangements-act-1996/analysis","conflicts":"/api/acts/iron-ore-savage-river-arrangements-act-1996/conflicts","importantCases":"/api/acts/iron-ore-savage-river-arrangements-act-1996/important-cases","documents":"/api/acts/iron-ore-savage-river-arrangements-act-1996/documents"}}