{"id":"mining-gove-peninsula-nabalco-agreement-act-1968","name":"Mining (Gove Peninsula Nabalco Agreement) Act 1968","slug":"mining-gove-peninsula-nabalco-agreement-act-1968","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30264,"registerId":"nt-mining-gove-peninsula-nabalco-agreement-act-1968-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mining (Gove Peninsula Nabalco Agreement) Act 1968","content":"NORTHERN TERRITORY OF AUSTRALIA\nMINING (GOVE PENINSULA NABALCO AGREEMENT) ACT 1968\nAs in force at 28 June 1976\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Approval of Agreement .................................................................... 1\n5 Minister and Administrator to exercise powers consistently\nwith Agreement................................................................................ 1\n6 Powers of Minister and Commonwealth in relation to leases,\n&c. ................................................................................................... 2\n7 Provisions concerning mortgages and charges under\nclause 16 of Agreement ................................................................... 3\n8 Leases, &c., under Agreement not to be subject to or capable\nof partition, &c.................................................................................. 3\n9 Necessary power conferred on Commonwealth Minister and\nAdministrator ................................................................................... 4\n10 Enforcement of bond ....................................................................... 4\n11 Application of certain Act and Regulations ...................................... 5\n12 This Act to prevail over inconsistent statute, &c. ............................. 6\nThe Schedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 28 June 1976\n____________________\nMINING (GOVE PENINSULA NABALCO AGREEMENT) ACT 1968\nAn Act to approve an Agreement between the Commonwealth of\nAustralia and Nabalco Pty Limited and for purposes connected with that\nAgreement\n1 Short title\nThis Act may be cited as the Mining (Gove Peninsula Nabalco\nAgreement) Act 1968.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\nstatute means an Ordinance or State Act of the State of South\nAustralia in force as a law of the Territory and includes regulations,\nrules and by-laws made under an Ordinance or such a State Act.\nthe Agreement means the Agreement made on 22 February, 1968,\nbetween the Commonwealth and the Company, being the\nagreement set out in the Schedule.\nthe Company has the meaning defined in the definition of the\nCompany in clause 1 of the Agreement.\n4 Approval of Agreement\nThe Agreement is approved.\n5 Minister and Administrator to exercise powers consistently\nwith Agreement\n(1) The Minister and the Administrator shall exercise their powers\nunder the laws of the Territory in relation to the Company\nconsistently with the provisions of the Agreement.\n\nMining (Gove Peninsula Nabalco Agreement) Act 1968 2\n(2) Without limiting the generality of subsection (1), the Minister and\nthe Administrator shall exercise their powers under the laws of the\nTerritory in relation to:\n(a) the special mineral lease as defined in clause 1 of the\nAgreement; and\n(b) all leases, licences, easements and other titles to be granted\nto the Company pursuant to subclause (2) to (6) inclusive of\nclause 4 of the Agreement,\nconsistently with the provisions of the Agreement.\n6 Powers of Minister and Commonwealth in relation to leases,\n&c.\n(1) The Minister may grant to the Company such leases and the\nCommonwealth may grant to the Company such licences,\neasements and other titles as are required to be granted to the\nCompany for the purpose of giving effect to clause 4 of the\nAgreement.\n(2) Any lease (including any special mineral lease), licence, easement\nor other title granted pursuant to this section has effect according to\nits terms.\n(3) If the Minister grants a special mineral lease pursuant to this\nsection he may:\n(a) vary it for the purpose of giving effect to clause 4 or 6 of the\nAgreement; or\n(b) renew it for the purpose of fulfilling the covenant in clause 2 of\nthe form of lease in the First Schedule to the Agreement.\n(4) If the Minister grants a special purposes lease pursuant to this\nsection, he may renew it for the purpose of giving effect to clause 4\nof the Agreement.\n(5) If the Commonwealth grants a licence, easement or other title\npursuant to this section it may renew it for the purpose of giving\neffect to clause 4 of the Agreement.\n(6) Where:\n(a) a special mineral lease is varied or renewed pursuant to this\nsection; or\n(b) a special purposes lease, licence, easement or other title is\nrenewed pursuant to this section,\n\nMining (Gove Peninsula Nabalco Agreement) Act 1968 3\nit has effect according to its terms as so varied or renewed.\n7 Provisions concerning mortgages and charges under\nclause 16 of Agreement\n(1) Neither a mortgage or charge, being a mortgage or charge:\n(a) in a form commonly known as a floating charge;\n(b) consented to by the Minister pursuant to clause 16 of the\nAgreement; and\n(c) given by the Company over a lease, licence, easement or\nother title granted under or pursuant to the Agreement,\nnor a transfer or assignment in exercise of any power of sale\ncontained in such a mortgage or charge shall require any approval\nor consent other than such consent as may be necessary under\nclause 16 of the Agreement.\n(2) A mortgage or charge of a kind referred to in subsection (1) shall\nnot be rendered ineffectual as an equitable charge:\n(a) by the absence of any approval or consent otherwise than as\nrequired by clause 16 of the Agreement; or\n(b) because the mortgage or charge is not registered under any\nprovision of the Act under which the lease, licence, easement\nor other title over which it is given is granted.\n8 Leases, &c., under Agreement not to be subject to or capable\nof partition, &c.\nNo lease, sublease, licence, easement or other title granted or\nassigned under or pursuant to the Agreement shall be:\n(a) subject to or capable of partition, whether by agreement or by\ndecree or order of any court of competent jurisdiction or\notherwise; or\n(b) subject to the making of an order for sale under the Partition\nAct, 1881, of the State of South Australia in its application to\nthe Territory.\n\nMining (Gove Peninsula Nabalco Agreement) Act 1968 4\n9 Necessary power conferred on Commonwealth Minister and\nAdministrator\n(1) A specified person has, by reason of this section, such power as is\nnecessary to be conferred on him in order to enable him to do an\nact or thing which:\n(a) he is, under the Agreement or a lease, required or permitted to\ndo so; and\n(b) it is necessary for him to do in order to give effect to the\nAgreement or a lease according to its terms.\n(2) In this section:\nlease means a special mineral lease or special purposes lease\ngranted pursuant to the Agreement.\nspecified person means, in relation to the doing of an act or thing,\na person, being the Commonwealth, the Minister or the\nAdministrator, specified in the Agreement or a lease as the person\nwho shall or will or may do that act or thing.\n10 Enforcement of bond\n(1) If the Company, having been granted a special mineral lease such\nas is provided for in subclause (1) of clause 4 of the Agreement and\nhaving entered into a bond does not observe and carry out the\nprovisions on its part to be observed and carried out of\nsubclauses (4) and (5) of clause 5 of the Agreement, the Company\nshall, whether or not the special mineral lease has been forfeited or\nsurrendered, be liable to pay to the Commonwealth the sum in\nwhich the Company acknowledges itself in the bond to be bound,\nand that sum is a debt due to the Commonwealth and may be\nrecovered by action in any court of competent jurisdiction.\n(2) If:\n(a) the Company has entered into a bond and, in accordance with\nthe Agreement has assigned the whole or any part of its right\nunder the Agreement (including its rights to or as the holder of\nany lease, licence, easement or other title);\n(b) the assignee has entered into a bond in substitution for the\nbond entered into by the Company, conditioned however to be\nvoid in case the assignee shall observe and carry out the\nprovisions on the part of the Company to be observed and\ncarried out of subclauses (4) and (5) of clause 5 of the\nAgreement; and\n\nMining (Gove Peninsula Nabalco Agreement) Act 1968 5\n(c) the assignee does not observe and carry out those provisions,\nthe assignee shall, whether or not the special mineral lease has\nbeen forfeited or surrendered, be liable to pay to the commonwealth\nthe sum in which the assignee acknowledges itself in the bond to\nbe bound, and that sum is a debt due to the Commonwealth and\nmay be recovered by action in any court of competent jurisdiction.\n(3) In and for the purposes of any proceeding to recover the sum\nreferred to in subsection (1) or (2):\n(a) that sum shall be deemed to be a genuine pre-estimate of the\ndamage suffered and recoverable by the commonwealth in\nrespect of any failure or omission on the part of the Company\nor the assignee such as is referred to in subsection (1) or (2)\nof this section;\n(b) it shall not be competent for the defence to plead:\n(i) that the damage so suffered and recoverable was less\nthan that sum; or\n(ii) that the sum or any amount of it is a penalty or penal\ndamages; and\n(c) evidence proving or tending to prove any of the matters set\nout in subparagraphs (i) and (ii) of paragraph (b) shall not be\nled or admitted.\n(4) In this section, bond means a bond such as is set out in the Third\nSchedule to the Agreement.\n11 Application of certain Act and Regulations\nSubject to this Act and the provisions of the Agreement:\n(a) the provisions of the Mining Act 1939 and regulations made\nunder that Act apply to and in relation to a special mineral\nlease granted pursuant to the Agreement as if it were a\nspecial mineral lease granted under that Act;\n(b) the provisions of the Special Purposes Leases Act 1953 and\nregulations made under that Act apply to and in relation to a\nspecial purposes lease granted pursuant to the Agreement as\nif it were a special purposes lease granted under that Act; and\n\nMining (Gove Peninsula Nabalco Agreement) Act 1968 6\n(c) the provisions of any applicable law other than this Act apply\nto and in relation to any other lease or any licence, easement\nor other title granted pursuant to the Agreements if that other\nlease or that licence, easement or other title were granted\nunder that applicable law.\n12 This Act to prevail over inconsistent statute, &c.\nThis Act prevails over any inconsistent statute or rule or practice of\nlaw or equity.\n\nThe Schedule\nMining (Gove Peninsula Nabalco Agreement) Act 1968 7\nThe Schedule\n(Refer to \"hard copy\" for Agreement)\n\nENDNOTES\nMining (Gove Peninsula Nabalco Agreement) Act 1968 8\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMining (Gove Peninsula Nabalco Agreement) Ordinance 1968 (Act No. 15, 1968)\nAssent date 22 May 1968\nCommenced 29 May 1968 (Gaz No.24, 29 May 1968, p 133)\nOrdinances Revision Ordinance 1973 (Act No. 87, 1973)\nAssent date 11 December 1973\nCommenced 11 December 1973 (s 12(2))\nAmending Legislation\nOrdinances Revision Ordinance 1974 (Act No. 34, 1974)\nAssent date 26 August 1974\nCommenced 11 December 1973 (s 3(2))\nOrdinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974)\nAssent date 24 October 1974\nCommenced 11 December 1973 (s 3)\nOrdinances Revision Ordinance 1976 (Act No. 27, 1976)\nAssent date 28 June 1976\nCommenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4:\n11 December 1973; s 5: 24 October 1974\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the\nnotes to this reprint) are made by the Ordinances Revision Ordinance 1973\n(Act No. 87, 1973) (as amended) to the following provisions: ss 3, 5, 7, 10\nand 11.\n\nENDNOTES\nMining (Gove Peninsula Nabalco Agreement) Act 1968 9\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: s 11.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: approving and implementing the specific 1968 Nabalco Agreement. The amendments listed in the Endnotes are purely formal (Ordinances Revision Ordinances updating language and references). There is no evidence of scope creep — the legislation has not expanded to cover other mining projects, other companies, or broader policy areas. It remains a 'private bill' style statute serving a single commercial agreement."},"complexity_factors":["Moderate cross-referencing: The Act constantly refers to clauses in the attached Agreement (Schedule), which is not reproduced in the text ('Refer to hard copy for Agreement')","Nested conditional logic in section 10: Multiple subsections creating a statutory presumption about bond enforcement with evidentiary exclusions (cannot argue damages were less, cannot claim it's a penalty)","Dual application of laws: Section 11 applies two different mining Acts (Mining Act 1939 and Special Purposes Leases Act 1953) 'as if' the leases were granted under those Acts, creating a legal fiction","Defined terms with external references: 'The Company' is defined by reference to clause 1 of the Agreement, not defined within the Act itself","Section 9 'necessary power' provision: Vague catch-all granting powers not explicitly stated but 'necessary' to give effect to the Agreement — creates interpretive uncertainty","Only 12 sections but dense with 'notwithstanding' style overrides (section 12 prevails over inconsistent statutes)"],"plain_english_summary":"This legislation approves and gives legal force to a 1968 mining agreement between the Australian Government and Nabalco Pty Ltd (a mining company) for bauxite mining on the Gove Peninsula in the Northern Territory.\n\n**What it does:**\n- **Approves the Agreement**: Legally ratifies the contract between the Commonwealth and Nabalco for mining operations.\n- **Grants special powers**: Allows the Minister and Northern Territory Administrator to grant mining leases, licences and easements specifically to Nabalco as required by the Agreement.\n- **Protects the deal**: Ensures government officials exercise their powers consistently with the Agreement terms, not ordinary mining laws.\n- **Handles financing**: Special rules allow Nabalco to use its mining leases as security (collateral) for loans through \"floating charges\" (a type of security interest over changing assets), with ministerial consent.\n- **Prevents break-up**: Stops the mining leases from being split up or sold off through court orders (partition) — keeping the mining operation intact as one package.\n- **Enforces environmental bonds**: If Nabalco or any future owner fails to meet rehabilitation obligations, the government can sue to recover bond money without having to prove exact damages.\n- **Overrides other laws**: Where this Act conflicts with other Northern Territory laws, this Act wins.\n\n**Who it affects:**\n- **Nabalco Pty Ltd**: The mining company getting special lease terms and financing flexibility.\n- **Future owners**: Anyone buying Nabalco's rights takes on the same bond obligations.\n- **Northern Territory Government**: Must administer mining laws in line with this specific deal.\n- **Traditional owners**: While not mentioned in the Act, this legislation underpinned the famous *Milirrpum v Nabalco* (1971) land rights case — the first major Aboriginal land rights litigation in Australia.\n\n**Why it matters:**\nThis Act represents a specific \"deal\" between government and a mining company, creating a legal framework that prioritises the commercial Agreement over standard mining regulations. It became historically significant as the legal foundation for the Gove land rights case, which ultimately helped drive the Aboriginal Land Rights (Northern Territory) Act 1976."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act is entirely focused on approving a single agreement for a specific mining project on the Gove Peninsula. Its scope is narrow and has not expanded beyond that original purpose. The amendments listed in endnotes are only formal (e.g., updating references or renumbering), without substantively widening the Act's application."},"complexity_factors":["Reliance on external 1968 agreement (not fully reproduced in the Act itself)","Cross-references to clauses in the Agreement (e.g., clauses 1, 4, 5, 6, 16)","Multiple defined terms (‘statute’, ‘the Agreement’, ‘the Company’ from another document)","Conditional provisions (e.g., section 10 on bonds depends on breach)","Interaction with other Acts (Mining Act 1939, Special Purposes Leases Act 1953) but only ‘subject to’ this Act","Legal fictions in section 10 (deeming a sum a genuine pre-estimate of damages)","Override clause (section 12) creating potential interpretive conflicts"],"plain_english_summary":"This Act approves a 1968 agreement between the Australian Government and a company called Nabalco Pty Ltd for mining on the Gove Peninsula in the Northern Territory. It gives government ministers the power to issue mining leases and other permissions that match the terms of the agreement. The Act makes sure that any leases, licences, or easements granted to the company work according to the agreement, not just general mining laws. It also sets special rules for mortgages and bonds tied to the mining project. If any other law conflicts with this Act or the agreement, this Act wins. In simple terms, it's a special law to make one specific mining deal work."}},"importantCases":[],"_links":{"self":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968","history":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968/history","analysis":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968/analysis","conflicts":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968/conflicts","importantCases":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968/important-cases","documents":"/api/acts/mining-gove-peninsula-nabalco-agreement-act-1968/documents"}}