8Termination of certain requirements and obligations

8 Termination of certain requirements and obligations

(1)  On and after the commencement of this section –

(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 (1) ; and

(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 –

(i) is consequential on action taken by the Crown before the commencement of this section in accordance with section 5 (1) ; and

(ii) is limited to the contamination, pollution or other harm to the environment in respect of which that action was taken; and

(iii) does not, in conjunction with any other action taken by the Crown under section 5 (1) 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

(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 , the Environmental Management and Pollution Control Act 1994 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 (1) (b) .

(2)  In this section, agreed rectification cost means the cost of complying with, or responding to, the relevant action taken by the Crown under as agreed between the Company and the Crown before the commencement of this section or as fixed pursuant to such an agreement.