{"id":"shire-omeo-tourist-gold-mine-act-1979","name":"Shire of Omeo (Tourist Gold Mine) Act 1979","slug":"shire-of-omeo-tourist-gold-mine-act-1979","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174312,"registerId":"vic-shire-omeo-tourist-gold-mine-act-1979-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shire of Omeo (Tourist Gold Mine) Act 1979","content":"Victorian Legislation and Parliamentary Documentsi\nVersion No. 001\nShire of Omeo (Tourist Gold Mine) Act 1979\nAct No. 9343/1979\nVersion as at 24 February 2003\nTABLE OF PROVISIONS\nSection Page\n1. Short title and commencement 2\n2. Definitions 3\n3. Grant to Corporation of exploration licence under Mines Act\n1958, Part V 3\n4. Corporation may obtain gold mining lease of Oriental Claims\nReserve 3\n5. Power to Corporation to enter into agreements relating to\nOriental Claims Reserve 4\n6. Payments by Corporation in respect of gold mining operations 5\n═══════════════\nENDNOTES 7\n1. General Information 7\n2. Table of Amendments 8\n3. Explanatory Details 9\n\nVictorian Legislation and Parliamentary Documents1\nVersion No. 001\nShire of Omeo (Tourist Gold Mine) Act 1979\nAct No. 9343/1979\nVersion as at 24 February 2003\nAn Act to authorize the Granting to the Corporation of the Shire\nof Omeo of an Exploration Licence and a Gold Mining Lease\nunder the Mines Act 1958 in respect of certain Crown Lands\nreserved for Public Purposes, to authorize the said Corporation\nto enter into Agreements in respect of any such Licence or Lease\nand for other purposes.\nPreamble\nWHEREAS the Corporation of the Shire of Omeo\nproposes to join with Tallangalook Proprietary\nLimited and Ashton Mining No Liability,\ncompanies incorporated under the Companies Act\n1961, in conducting operations for exploring and\nmining for gold on land being Crown allotment 5A\nsection B in the Parish of Omeo known as the\nOriental Claims Reserve and being land\ntemporarily reserved as a site for public purposes\n(recreation, tourism and museum) by Order of the\nGovernor in Council made 5 August 19751\n:\nWHEREAS the said Corporation and Tallangalook\nProprietary Limited are the holders of an\nexploration licence issued under Part V of the\nMines Act 1958:\nWHEREAS the Corporation has no authority under\nthe Local Government Act 1958 to apply for or to\nhold a licence or lease under the Mines Act 1958\nor to enter into any agreement for the conduct of\noperations for exploring and mining for gold on the\nOriental Claims Reserve:\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n2\nAND WHEREAS it is expedient to make\nprovision—\n(a) validating the issue to the Corporation of an\nexploration licence under Part V of the\nMines Act 1958;\n(b) authorizing the said Corporation to apply for\na gold mining lease under the provisions of\nthe Mines Act 1958 in respect of the Oriental\nClaims Reserve and authorizing the\nGovernor in Council to issue such a lease;\n(c) authorizing the said Corporation to enter into\nan agreement with Tallangalook Proprietary\nLimited and Ashton Mining No Liability\nwith respect to the conduct of exploration\nunder the licence and mining under the gold\nmining lease; and\n(d) with respect to such other matters as are\nnecessary for the proper conduct of\nexploration and mining operations on the\nOriental Claims Reserve:\nBE IT THEREFORE ENACTED by the Queen's Most\nExcellent Majesty by and with the advice and consent of the\nLegislative Council and the Legislative Assembly of Victoria\nin this present Parliament assembled and by the authority of\nthe same as follows (that is to say):\n1. Short title and commencement\n(1) This Act may be cited as the Shire of Omeo\n(Tourist Gold Mine) Act 1979.\n(2) This Act shall come into operation on the day on\nwhich it receives the Royal Assent.\ns. 1\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n3\n2. Definitions\nIn this Act––\n\"Corporation\" means the Corporation of the\nShire of Omeo;\n\"Oriental Claims Reserve\" means all that piece\nof land being Crown allotment 5A section B\nin the Parish of Omeo and being land\ndeemed under the Crown Land (Reserves)\nAct 1978 to be temporarily reserved from\nsale as a site for public purposes (recreation,\ntourism and museum).\n3. Grant to Corporation of exploration licence under\nMines Act 1958, Part V\nNotwithstanding anything to the contrary in the\nLocal Government Act 1958 or the Crown Land\n(Reserves) Act 1978 the Corporation shall be\ndeemed always to have been entitled to make\napplication to the Minister for Minerals and\nEnergy in accordance with the provisions of\nPart V of the Mines Act 1958, either alone or\ntogether with any other person, for an exploration\nlicence under that Part to explore for gold the\nwhole or any part of the Oriental Claims Reserve\nand the Minister for Minerals and Energy shall be\ndeemed always to have had power subject to and\nin accordance with the provisions of that Part to\ngrant any such application by the Corporation and\nto issue an exploration licence to the Corporation\neither alone or together with any other person.\n4. Corporation may obtain gold mining lease of\nOriental Claims Reserve\nFor enabling the Corporation to carry out or to\njoin in carrying out mining operations on the\nOriental Claims Reserve the Governor in Council\nin the name and on behalf of Her Majesty may on\napplication made by the Corporation, either alone\ns. 2\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n4\nor together with any other person, grant a lease\nunder section 40 of the Mines Act 1958 to be\neffectual on or below or both on and below all or\nany part of the surface of the Oriental Claims\nReserve for the purpose of mining on or under the\nland for gold and such other purposes connected\nwith mining for gold as are specified in section 35\nof the Act.\n5. Power to Corporation to enter into agreements\nrelating to Oriental Claims Reserve\n(1) In addition to and without in any way derogating\nfrom any of its powers duties and functions under\nthe Local Government Act 1958 the Corporation\nmay, in relation to all or any part of the Oriental\nClaims Reserve, enter into an agreement with any\nother person for or with respect to—\n(a) the exploration for and the mining of gold;\n(b) the circumstances in which the Corporation\nand any other party to the agreement may\nmake application to the Minister for\nMinerals and Energy to grant to the\nCorporation, either alone or together with\nany other party to the agreement, a licence\nunder Part V of the Mines Act 1958 to\nexplore for gold;\n(c) the circumstances in which the Corporation\nand any other party to the agreement may\nmake application to the Governor in Council\nto grant a gold mining lease under the Mines\nAct 1958 to the Corporation either alone or\ntogether with any other party;\n(d) the disposal by the Corporation and any\nother party to the agreement of an interest in\nany licence or lease granted or to be granted\nunder the Mines Act 1958 to the Corporation\ns. 5\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n5\nand that party, including the giving of\noptions to purchase that interest;\n(e) the exercise by a party to the agreement on\nbehalf of the Corporation and any other party\nto the agreement of all or any rights of the\nCorporation and that other party under any\nlicence or lease granted or to be granted to\nthe Corporation and that other party under\nthe Mines Act 1958;\n(f) the payments to be made in respect of the\nagreement by the parties to the agreement;\nand\n(g) any other matters necessary or expedient to\nbe provided for to give effect to the\nagreement—\nand to do all things necessary to be done for\ncarrying the agreement into effect.\n(2) Any such agreement shall indemnify the\nCorporation against all claims costs and demands\nagainst the Corporation arising out of the conduct\nby the said companies pursuant to such agreement\nof exploration or mining operations on the\nOriental Claims Reserve.\n6. Payments by Corporation in respect of gold mining\noperations\n(1) The Corporation may with the approval of the\nMinister administering the Local Government\nAct 1958 apply moneys out of the municipal fund\nof the Corporation for or towards any payments to\nbe made by it in respect of a licence granted or to\nbe granted to it under section 3, a lease granted or\nto be granted to it under section 4 or an agreement\nentered into under section 5.\n(2) The Corporation shall cause an account to be\nopened in a bank for establishing a fund for the\npurposes of this Act.\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n6\n(3) Into the fund established under sub-section (2)\nthere shall be paid any moneys approved under\nsub-section (1) for payment and any other moneys\nreceived by the Corporation with respect to the\nexploration and mining operations carried out on\nthe Oriental Claims Reserve.\n(4) Out of the fund shall be paid any moneys required\nto be paid by the Corporation with respect to the\nexploration and mining operations on the Oriental\nClaims Reserve and any moneys referred to in\nsub-section (7).\n(5) Moneys in the fund established under sub-section\n(2) shall be accounted for by the Corporation\nseparately from any other moneys of the\nCorporation but shall be subject to audit in all\nrespects as if they were moneys in the municipal\nfund of the Corporation.\n(6) Where the Corporation is required by a term of an\nagreement made under section 5 to pay moneys to\nanother party to the agreement, the term shall not\nbe enforceable against the Corporation unless the\nmaking of the payment has been approved\npursuant to the provisions of sub-section (1).\n(7) Moneys received by the Corporation in respect of\na licence referred to in section 3, a lease referred\nto in section 4 or an agreement referred to in\nsection 5 shall be applied by the Corporation to\nthe promotion of tourism to the Shire of Omeo\nand the provision of attractions and facilities for\ntourists in the municipal district of the Shire of\nOmeo.\n═══════════════\ns. 6\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n7\nENDNOTES\n1. General Information\nThe Shire of Omeo (Tourist Gold Mine) Act 1979 was assented to on\n20 December 1979 and came into operation on 20 December 1979:\nsection 1(2).\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n8\n2. Table of Amendments\nThere are no amendments made to the Shire of Omeo (Tourist Gold Mine)\nAct 1979 by Acts and subordinate instruments.\nEndnotes\n\nVictorian Legislation and Parliamentary DocumentsAct No. 9343/1979\nShire of Omeo (Tourist Gold Mine) Act 1979\n9\n3. Explanatory Details\n1 Preamble: Government Gazette 5 August 1975 page 2947.\nEndnotes","sortOrder":0}],"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":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly tailored to a single purpose: to enable the Shire of Omeo to obtain exploration licences and a gold mining lease and to enter into agreements relating to mining on the Oriental Claims Reserve, and to set out related financial arrangements. The present text sticks to that original, project‑specific purpose (Preamble; ss3–6) and does not broaden the scope beyond those functions. It does not create general powers for other councils or for other reserve types and contains no subsequent expansion or new subject matter compared with the Act’s stated objectives."},"complexity_factors":["Short, project-specific Act (6 substantive sections)","2 defined terms in s2 (Corporation; Oriental Claims Reserve)","Cross-references to multiple other statutes: Mines Act 1958 (Part V, s35, s40), Local Government Act 1958, Crown Land (Reserves) Act 1978","Several decision points requiring executive approval: Minister for Minerals and Energy, Governor in Council, Minister administering Local Government Act","Financial controls and conditions (separate fund, audit, ministerial approval for municipal payments, mandated use of receipts)","Contractual permissions and limits including indemnity requirement and unenforceability of payments without approval"],"plain_english_summary":"**What this Act does (mechanically)**\n\n- Validates and authorises the Shire of Omeo (the local council, called \"the Corporation\") to act under the Mines Act 1958 in relation to a specific piece of Crown land known as the Oriental Claims Reserve (Crown allotment 5A section B, reserved for recreation, tourism and a museum). (Preamble; s2)\n- Treats the Corporation as if it always had the power to apply for and receive an exploration licence for gold under Part V of the Mines Act 1958, either alone or with others, and treats the Minister for Minerals and Energy as if they always had power to grant such a licence. (s3)\n- Allows the Governor in Council, on application by the Corporation, to grant a gold mining lease under section 40 of the Mines Act 1958 covering all or part of the Oriental Claims Reserve, for mining on or below the surface and related purposes specified in the Mines Act. (s4)\n- Authorises the Corporation to enter into agreements with other persons (for example, private companies) about exploration and mining on the Reserve, including who may apply for licences/leases, how interests in licences/leases may be disposed of (including options to buy), how rights under licences/leases may be exercised, who pays what, and indemnities for the Corporation. (s5)\n- Permits the Corporation, with the approval of the Minister responsible for the Local Government Act 1958, to use municipal funds for payments connected with the licence, lease or agreements, requires the Corporation to open a separate bank account (a dedicated fund) for these activities, subjects that fund to ordinary audit, and requires that money received from the exploration/lease/agreement be applied to promoting tourism and providing tourist attractions and facilities in the Shire of Omeo. Also prevents terms in agreements that require payments by the Corporation being enforceable unless the Ministerial approval for the payment has been given. (s6)\n\n**Who this affects**\n\n- The Corporation of the Shire of Omeo (the council): gives it a statutory power it did not have under the Local Government Act 1958 and specific financial duties and restraints. (s3, s5, s6)\n- Private companies or other parties that enter contractual arrangements with the Corporation: they may obtain rights to explore or mine jointly with the Corporation, hold or buy interests in licences/leases, and may be required to indemnify the Corporation under the agreements. (Preamble; s5(1),(2))\n- The Minister for Minerals and Energy and the Governor in Council: retain statutory decision roles over grant of licences and leases; the Minister administering the Local Government Act must approve municipal fund use. (s3, s4, s6(1))\n- Local residents and users of the Oriental Claims Reserve: the land is a Crown reserve for public purposes (recreation, tourism, museum) but this Act authorises exploration/mining activity there subject to licences/leases and agreements. (Preamble; s2–s4)\n\n**Why it matters / practical effects**\n\n- It changes who may apply for and hold mining rights over a specific public reserve by giving the Shire legal capacity to seek and hold exploration licences and gold mining leases (s3–s4). That enables the Shire to partner with private companies to carry out exploration and mining on land that had been reserved for public uses. (Preamble; s5)\n- It creates a constrained funding pathway: the Shire may use municipal money for mining-related payments only with ministerial approval and must keep receipts and payments in a separate audited fund. Money received from mining-related rights must be applied to tourism promotion and tourist facilities in the Shire. That channels financial benefits back to tourism purposes rather than general municipal spending. (s6(1)–(7))\n- It permits contractual flexibility between the Shire and private partners (including sale or optioning of interests and delegation of rights), while also allowing those contracts to require indemnities that protect the Shire against claims arising from the private parties’ operations. That shifts operational risk (subject to contract terms) to the private operator, but leaves final fiscal authorisation and some financial risk with the Shire because payments by the Shire need ministerial approval to be enforceable. (s5(1),(2); s6(6))\n\n**Policy claims in the Act and practical trade-offs**\n\n- The Act’s stated purpose is to validate the Shire’s participation in exploration/mining and to enable agreements with private miners (Preamble; s3–s5). Mechanically, it achieves that by (a) removing legal barriers that arose under the Local Government Act and Crown reserve rules (s3), (b) authorising lease grants by executive government (s4), and (c) authorising commercial agreements and financial arrangements (s5–s6).\n\n- Costs and opportunity costs: the Act allows municipal funds to be used for mining activity (with ministerial approval). Using those funds or dedicating staff time to administer mining agreements has an opportunity cost relative to other local services. (s6(1),(2))\n\n- Fiscal and legal risk controls: the Act requires ministerial approval before municipal payments are enforceable and requires a separate fund subject to audit, which limits immediate council exposure but leaves residual approval risk and political discretion. (s6(1),(5)–(6))\n\n- Incentives for private enterprise: the Act increases contract freedom for private miners to secure an interest in exploration/lease rights through agreement with the Shire (including purchase options and delegation of rights). That reduces barriers for private operators to access the Reserve, subject to Mines Act approvals. (s5(1)(c)–(e))\n\n- Concentrated benefits and potential for rent-seeking: the primary beneficiaries are the contracting parties (the Shire and its commercial partners). The Act specifically contemplates particular named companies in the preamble, indicating concentrated, project-specific intent. The Act constrains how money received must be used (tourism promotion), which concentrates the benefit of receipts into a specific public purpose rather than general revenue. (Preamble; s6(7))\n\n- Land-use trade-off: the Oriental Claims Reserve is reserved for public recreation/tourism but the Act authorises mining-related activity there. That creates a direct policy and implementation trade-off between mining operations and the reserve’s public-purpose status; operational detail (environmental controls, public access during operations) is left to licences, leases and agreements and to the Mines Act regime. (Preamble; s2–s4)\n\n**Who decides, who pays, and what behaviour changes**\n\n- Who decides: the Minister for Minerals and Energy (licences under Part V of the Mines Act), the Governor in Council (gold mining lease under section 40 of the Mines Act), and the Minister administering the Local Government Act (approval for municipal payments). The Shire council decides whether to enter commercial agreements and how to exercise contractual rights within the limits of ministerial approvals. (s3–4; s6(1))\n- Who pays: the Corporation may use municipal funds (with ministerial approval) and must maintain a separate fund for receipts and payments related to exploration/mining; receipts from mining activities must be applied to tourism promotion and facilities. (s6(1)–(7))\n- Behaviour changes: the Shire can contract with private mining companies, apply for and hold mining rights jointly, accept and apply revenue from mining to tourism, and potentially transfer or sell interests in licences/leases subject to approvals. Private companies gain a statutory route to operate on a Crown reserve through partnership with the Shire. (s3–s6)\n\n**Implementation and compliance risks**\n\n- Administrative burden: requires separate accounting and audit of the mining fund and ministerial approvals for payments. (s6(2)–(6))\n- Executive discretion: grants of leases and approvals for municipal payments rest with Ministers and the Governor in Council, creating dependence on executive decisions. (s3–4; s6(1))\n- Contract enforcement limits: the Act prevents contractual terms that require payment by the Shire from being enforceable unless the required ministerial approval is given, which may affect the bankability of deals. (s6(6))"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose. It was always intended as a specific enabling Act for the Shire of Omeo to mine gold at the Oriental Claims Reserve in partnership with specific private companies, and it has not expanded beyond this narrow remit. No amendments have been made since 1979."},"complexity_factors":["Only 6 operative sections plus preamble and endnotes","Only 2 defined terms ('Corporation' and 'Oriental Claims Reserve')","No cross-references to other legislation beyond naming the Mines Act 1958, Local Government Act 1958 and Crown Land (Reserves) Act 1978","Linear structure with no nested exceptions or conditional logic beyond basic 'if approved' requirements","Single purpose legislation with no regulatory powers or delegated authority","No amendments since enactment in 1979"],"plain_english_summary":"**What this law does:**\n\nThis is a very specific, one-off law that lets the **Shire of Omeo** (a local council in rural Victoria) do something it normally couldn't: **mine for gold** on public land.\n\n**The problem it solves:**\n\nThe Shire of Omeo wanted to partner with two private mining companies (Tallangalook Proprietary Limited and Ashton Mining) to explore and mine gold at a place called the **Oriental Claims Reserve**. But there was a legal roadblock:\n- The land was **Crown land** (government-owned) reserved for public purposes like recreation and tourism\n- The **Local Government Act 1958** didn't give councils power to hold mining licences or leases\n- The **Crown Land (Reserves) Act 1978** normally prevented mining on reserved land\n\n**What the Act allows:**\n\n- **Validates an exploration licence** the Shire already held (making it legal after the fact)\n- **Lets the Shire apply for a gold mining lease** on the Oriental Claims Reserve\n- **Authorises the Shire to enter into agreements** with private companies to actually do the mining\n- **Sets up a special bank account** (a dedicated fund) for mining money — council can put municipal funds into it, and any gold profits must go back into **tourism promotion** for the Shire\n- **Protects the council** — any agreement must indemnify (legally protect) the Shire against claims arising from the mining operations\n\n**Who it affects:**\n\n- The Shire of Omeo council and its ratepayers\n- The two private mining companies mentioned\n- Anyone visiting the Oriental Claims Reserve (since it's supposed to remain a tourist/recreation site)\n\n**Why it matters:**\n\nThis is a classic example of **\"private legislation\"** — a law written for one specific situation. It creates a narrow exception to normal rules so a local council can run a tourist gold mine as a commercial venture, with profits funnelled back into local tourism rather than council general revenue."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to remain narrowly focused on its original purpose — enabling the Shire of Omeo to operate a tourist gold mine. There is no evidence from the provided text of amendments broadening or narrowing its scope, though the practical relevance of the Act has likely diminished significantly given the abolition of the Shire of Omeo following local government amalgamations."},"complexity_factors":["Very narrow and specific subject matter (single tourist attraction in one local government area)","Short Act likely containing only a small number of provisions","Historical context adds minor complexity — the originating Shire of Omeo no longer exists, creating uncertainty about who (if anyone) holds the powers granted","Insufficient legislative text was provided to assess internal complexity, cross-references, or definitional intricacy"],"plain_english_summary":"The Shire of Omeo (Tourist Gold Mine) Act 1979 is a narrow Victorian local government law that granted the former Shire of Omeo specific authority to operate or manage a tourist gold‑mine attraction, affecting local residents, visitors and any site operators. \n\nIt matters mainly as a historical, purpose‑specific statute whose practical relevance is unclear after council amalgamations, so it may now be effectively dormant."}},"importantCases":[],"_links":{"self":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979","history":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979/history","analysis":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979/analysis","conflicts":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979/conflicts","importantCases":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979/important-cases","documents":"/api/acts/shire-of-omeo-tourist-gold-mine-act-1979/documents"}}