{"id":"qld:act-1965-022","name":"Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965","slug":"thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"22 of 1965","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105628,"registerId":"qld-act-1965-022-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Construction and collective title","content":"### sec.2 Construction and collective title\n\nThe Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 , and this Act may be collectively cited as the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 .","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Railway agreement","content":"# Railway agreement","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Execution of agreement authorised","content":"### sec.4 Execution of agreement authorised\n\nThe Minister for Transport is hereby authorised to make, for and on behalf of the State, with Thiess Peabody Mitsui Coal Pty. Ltd., a company duly incorporated in the said State and having its registered office at care of Messieurs Thynne & Macartney, Solicitors, M.L.C. Building, Adelaide and Edward Streets, Brisbane, in the said State (the company ), the agreement, a copy of which is set out in schedule 1 (the railway agreement ).","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Executed agreement to have force of law","content":"### sec.5 Executed agreement to have force of law\n\nUpon the making of the railway agreement the provisions thereof shall have the force of law as though the railway agreement were an enactment of this Act.\nThe Governor in Council shall by proclamation notify the date of the making of the railway agreement.\nThe railway agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).\n(sec.5-ssec.1) Upon the making of the railway agreement the provisions thereof shall have the force of law as though the railway agreement were an enactment of this Act.\n(sec.5-ssec.2) The Governor in Council shall by proclamation notify the date of the making of the railway agreement. The railway agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Variation of railway agreement","content":"### sec.6 Variation of railway agreement\n\nThe railway agreement may be varied pursuant to agreement between the Minister for the time being administering the Transport Infrastructure Act 1994 , and the company with the approval of the Governor in Council by order in council and no provision of the railway agreement shall be varied nor the powers and rights of the company under the railway agreement be derogated from except in such manner.\nAny purported alteration of the railway agreement not made and approved in such manner shall be void and of no legal effect whatsoever.\nUnless and until the Legislative Assembly, pursuant to section 10 (4) , disallows by resolution an order in council approving a variation of the railway agreement made in such manner, the provisions of the agreement making such variation shall have the force of law as though such lastmentioned agreement were an enactment of this Act.\n(sec.6-ssec.1) The railway agreement may be varied pursuant to agreement between the Minister for the time being administering the Transport Infrastructure Act 1994 , and the company with the approval of the Governor in Council by order in council and no provision of the railway agreement shall be varied nor the powers and rights of the company under the railway agreement be derogated from except in such manner.\n(sec.6-ssec.2) Any purported alteration of the railway agreement not made and approved in such manner shall be void and of no legal effect whatsoever.\n(sec.6-ssec.3) Unless and until the Legislative Assembly, pursuant to section 10 (4) , disallows by resolution an order in council approving a variation of the railway agreement made in such manner, the provisions of the agreement making such variation shall have the force of law as though such lastmentioned agreement were an enactment of this Act.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Powers of commissioner for railways","content":"### sec.7 Powers of commissioner for railways\n\nThe commissioner for railways, the corporation constituted under the Railways Act 1914 , shall have and may exercise all the powers of that Act with respect to the construction, operation and maintenance of the line of railway defined in the railway agreement as “the short line railway”.\nHowever, it shall not be necessary for the procedures set forth in sections 33 to 35 of that Act to be observed in such construction.\n(sec.7-ssec.1) The commissioner for railways, the corporation constituted under the Railways Act 1914 , shall have and may exercise all the powers of that Act with respect to the construction, operation and maintenance of the line of railway defined in the railway agreement as “the short line railway”.\n(sec.7-ssec.2) However, it shall not be necessary for the procedures set forth in sections 33 to 35 of that Act to be observed in such construction.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Amending agreement","content":"# Amending agreement","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Execution of amending agreement authorised","content":"### sec.8 Execution of amending agreement authorised\n\nThe Minister for Mines and Main Roads is hereby authorised to make for and on behalf of the State with the company the agreement, a copy of which is set out in schedule 2 (the amending agreement ) which agreement amends the agreement made 19 December 1962 a copy of which is set out in the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 , schedule (the principal agreement ).","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Principal agreement as amended to have force of law","content":"### sec.9 Principal agreement as amended to have force of law\n\nNotwithstanding any provisions of the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 , upon the making of the amending agreement the provisions thereof and of the principal agreement as amended by the amending agreement shall have the force of law as though the amending agreement was an enactment of this Act and the principal agreement as so amended was an enactment of the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 .\nThe Governor in Council shall by proclamation notify the date of the making of the amending agreement.\nThe amending agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).\n(sec.9-ssec.1) Notwithstanding any provisions of the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 , upon the making of the amending agreement the provisions thereof and of the principal agreement as amended by the amending agreement shall have the force of law as though the amending agreement was an enactment of this Act and the principal agreement as so amended was an enactment of the Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Acts 1962 to 1965 .\n(sec.9-ssec.2) The Governor in Council shall by proclamation notify the date of the making of the amending agreement. The amending agreement was made on 13 May 1965 (see proc pubd gaz 22 May 1965 p 528).","sortOrder":10},{"sectionNumber":"pt.4","sectionType":"part","heading":"Proclamations and orders in council","content":"# Proclamations and orders in council","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Proclamations and orders in council","content":"### sec.10 Proclamations and orders in council\n\nAny proclamation or order in council provided for in this Act or in the railway agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such proclamations and orders in council not inconsistent with the railway agreement as the Governor in Council shall think necessary or expedient to provide for, enable, or regulate the carrying out of the provisions of the railway agreement or any of them.\nAny such proclamation or order in council may be revoked or altered by another proclamation or order in council which is not inconsistent with the railway agreement.\nEvery such proclamation and order in council shall—\nbe published in the gazette;\nupon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;\nbe laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session.\nIf the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such proclamation or order in council has been laid before it disallowing such proclamation or order in council or any part thereof, that proclamation or order in council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further proclamation or order in council.\n(sec.10-ssec.1) Any proclamation or order in council provided for in this Act or in the railway agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such proclamations and orders in council not inconsistent with the railway agreement as the Governor in Council shall think necessary or expedient to provide for, enable, or regulate the carrying out of the provisions of the railway agreement or any of them.\n(sec.10-ssec.2) Any such proclamation or order in council may be revoked or altered by another proclamation or order in council which is not inconsistent with the railway agreement.\n(sec.10-ssec.3) Every such proclamation and order in council shall— be published in the gazette; upon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; be laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session.\n(sec.10-ssec.4) If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such proclamation or order in council has been laid before it disallowing such proclamation or order in council or any part thereof, that proclamation or order in council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further proclamation or order in council.\n- (a) be published in the gazette;\n- (b) upon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;\n- (c) be laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session.","sortOrder":12}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Compared with the 1962 instrument, this Act expands scope by formally amending the principal Thiess Peabody agreement and by converting both the new railway agreement and the amending agreement into statutory enactments (secs 8–9). It also enlarges administrative authority: it authorises Minister/Governor-in-Council variation powers subject to legislative disallowance (secs 6, 10) and vests construction/operation powers in the Commissioner for Railways while exempting certain procedural steps (sec 7)."},"complexity_factors":["Incorporation of external agreements and schedules as statutory law rather than standalone contracts (secs 4–5, 8–9).","Executive-led variation mechanism requiring agreement of the relevant Minister and approval by the Governor in Council, with disallowance by the Legislative Assembly (secs 6, 10).","Cross-reference to other statutes and offices (e.g. Minister administering the Transport Infrastructure Act 1994) which can shift responsibilities over time (sec 6).","Conversion of contractual terms into enactments creates mixed contractual/statutory remedies and enforcement pathways (secs 5, 9).","Granting of broad operational powers to the Commissioner for Railways while exempting specified procedural requirements of the Railways Act 1914 (sec 7), creating targeted departures from standard processes.","Formal proclamation, gazettal and judicial-notice requirements plus strict laying and disallowance timelines add procedural compliance burdens (sec 10).","A strict invalidation clause for any purported alteration not made in the prescribed manner increases legal finality but requires careful procedural compliance (sec 6)."],"plain_english_summary":"This Act turns a negotiated railway agreement with Thiess Peabody Mitsui Coal Pty. Ltd. and an amendment to an earlier Thiess Peabody Coal agreement into law, authorising State ministers and the Governor in Council to make and vary those agreements by order in council. It also gives the Commissioner for Railways authority to construct, operate and maintain a specified short-line railway, with some procedural exemptions. The practical effect is to convert contractual rights and regulatory powers into statutory authority and to set who decides and how variations are approved."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly scoped to its original purpose: authorising and giving legal force to two specific commercial agreements (a railway agreement and an amending agreement) with Thiess Peabody Mitsui Coal Pty. Ltd. The parliamentary disallowance mechanism in section 10 and the updated ministerial reference to the Transport Infrastructure Act 1994 represent normal statutory maintenance rather than scope expansion."},"complexity_factors":["Short, focused statute with only 10 sections across 4 parts","Minimal defined terms (only 'the company' and agreement titles are formally defined)","Straightforward conditional logic limited to variation procedures and disallowance mechanisms","Some cross-referencing to the 1962 Act and the Transport Infrastructure Act 1994 (as amended), but not labyrinthine","Simple binary structure: railway agreement + amending agreement, with standard parliamentary disallowance provisions","No nested exceptions or complex temporal provisions"],"plain_english_summary":"This Queensland legislation from 1965 does two main things to support a coal mining company called Thiess Peabody Mitsui Coal Pty. Ltd.:\n\n**First**, it authorises the government to build a railway line (called \"the short line railway\") to transport coal from the company's mine. The Transport Minister can sign a contract with the company to build this railway, and once signed, that contract becomes as legally binding as the Act itself. The government can later change this railway agreement, but only with approval from the Governor in Council (the Cabinet) and subject to being blocked by Parliament within 14 sitting days.\n\n**Second**, it authorises changes to an earlier 1962 mining agreement between the same company and the government. The Mines and Main Roads Minister can sign an amending agreement, and once signed, both the amendments and the original 1962 agreement (as amended) become legally enforceable as if they were written into this Act.\n\n**Why it matters**: This is a classic example of a \"state agreement\"—a special deal where Queensland Parliament passes a law to give a private company specific rights and guarantees for a major resource project. It overrides normal planning and railway construction laws to fast-track infrastructure for coal export. The Act also sets up parliamentary oversight: the Legislative Assembly can disallow government orders or proclamations made under these agreements if it acts within 14 sitting days."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1962 Act covered only a coal mining agreement with Thiess Peabody Coal Pty. Ltd. This 1965 Act expanded scope in two meaningful ways: it added an entirely new railway agreement (a distinct infrastructure commitment not present in 1962), and it formalised the entry of a new Japanese partner (Mitsui) into the venture, reflecting a broadened commercial and international dimension to the original arrangement."},"complexity_factors":["The Act incorporates external agreements (schedules) by reference, making those agreements themselves have the force of law — readers must consult the schedules to understand the full legal effect","Interaction with multiple other Acts (Railways Act 1914, Transport Infrastructure Act 1994, Thiess Peabody Coal Pty. Ltd. Agreement Act 1962) creates cross-referencing complexity","The 'force of law' mechanism for private agreements is legally unusual and may be unfamiliar to non-lawyers","The disallowance procedure (Parliament's ability to reject orders in council within 14 sitting days) adds a procedural layer","Historical context — the 1965 Act amends a 1962 Act, requiring understanding of the earlier legislation to fully grasp the amendments","The Act is relatively short and straightforward in structure, limiting overall complexity"],"plain_english_summary":"This 1965 Queensland Act formally approves two special agreements with Thiess Peabody Mitsui Coal Pty. Ltd.: authorising a government-backed contract to build and operate a short-line railway for the company’s coal operations and amending an earlier 1962 mining agreement to reflect the company’s changed ownership. It binds the State to those arrangements (with specified procedures for future changes), affecting the company, local communities and taxpayers — an example of mid‑century laws used to secure major private investment."}},"importantCases":[],"_links":{"self":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965","history":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965/history","analysis":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965/analysis","conflicts":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965/conflicts","importantCases":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965/important-cases","documents":"/api/acts/thiess-peabody-mitsui-coal-pty-ltd-agreements-act-1965/documents"}}