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Mcarthur River Project Agreement Ratification Act 1992
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NORTHERN TERRITORY OF AUSTRALIA
MCARTHUR RIVER PROJECT AGREEMENT RATIFICATION ACT 1992
As in force at 1 July 2024
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
3A Incorporation of words of Mining Act 1980....................................... 1
4 Agreement ratified ........................................................................... 2
4A Regranting of mining interests ......................................................... 2
4AB Ratification of certain instruments.................................................... 3
4AC Application of Part 15 of the Environment Protection Act 2019 ....... 4
4B Compensation ................................................................................. 4
5 Enforcement .................................................................................... 6
6 Calculation of royalties exclusive of GST ........................................ 6
Schedule 1 McArthur River Project Agreement
Schedule 2 McArthur River Project Area
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2024
____________________
MCARTHUR RIVER PROJECT AGREEMENT RATIFICATION ACT 1992
An Act to ratify an agreement between the Territory and Mount Isa mines
limited, and for related purposes
1 Short title
This Act may be cited as the McArthur River Project Agreement
Ratification Act 1992.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Definitions
In this Act:
Agreement means the agreement between the Territory and the
Company which is set out in the Schedule and includes the
Agreement as varied from time to time in accordance with its
provisions.
Company has the same meaning as in the Agreement.
McArthur River Project has the same meaning as in the
Agreement.
3A Incorporation of words of Mining Act 1980
(1) For the purposes of this Act and the Agreement, the words used in
the Mining Act 1980 as in force or purporting to be in force
immediately before the commencement of this section, with the
necessary changes, are incorporated in and, subject to
section 4A(3) and (4) and clause 4(2) and (6) of the Agreement,
shall be read and applied as provisions of this Act.
(2) A reference in the Agreement or this Act to the Mining Act 1980
includes a reference to the words incorporated in this Act by
subsection (1).
McArthur River Project Agreement Ratification Act 1992 2
4 Agreement ratified
(1) For the purposes of clause 2(1) of the Agreement, the Agreement is
ratified.
(2) The implementation of the Agreement is authorised.
(3) Subject to section 4A, the provisions of the Agreement shall
operate and take effect according to their terms notwithstanding
anything to the contrary in any Act or law in force in the Territory.
(4) Where a provision of the Agreement provides for the modification of
an Act or law in force in the Territory, the Act or law shall, for the
purposes of the Agreement, operate and take effect as provided for
in the Agreement as if the Act or law had been so modified.
(5) Subject to section 4A, an Act passed after the commencement of
this Act shall not amend, modify or repeal a provision of the
Agreement or affect the operation of a provision of the Agreement
unless the Act expressly provides accordingly.
(6) The Territory, its Ministers, instrumentalities and authorities and any
local government authority are authorised, empowered and
required to do all things necessary or expedient for the carrying out
or giving full effect to the Agreement.
(7) Subject to this Act and the Agreement, the Company, its servants,
agents and contractors shall observe and comply with all Acts and
laws in force in the Territory applicable in any way to the McArthur
River Project.
4A Regranting of mining interests
(1) Notwithstanding the granting or purported granting of the mineral
leases and the exploration licence specified in Schedule 2, there is
hereby granted to the Company in respect of each area of land that
was, immediately before the commencement of this section –
(a) comprised in the respective mineral leases or purported
mineral leases; or
(b) subject to the exploration licence or purported exploration
licence,
specified in Schedule 2, a mineral lease or an exploration licence,
as the case may be, under this Act.
McArthur River Project Agreement Ratification Act 1992 3
(2) Notwithstanding anything in the Agreement or the Mining Act 1980:
(a) a mineral lease granted by subsection (1) is granted for a
period of 50 years from the commencement of this section;
and
(b) subject to paragraph (a), in respect of a mineral lease or
exploration licence granted by subsection (1), time shall be
calculated as if it were granted on 5 January 1993.
(3) Subject to subsection (2), a mineral lease or exploration licence
validated by section 3 of the McArthur River Project Agreement
Ratification Amendment Act 1993 or granted by subsection (1) of
this section has the same force and effect, and is subject to the
same terms and conditions, as applied or purported to apply to the
mineral lease or exploration licence, as the case may be, in respect
of the relevant area of land, granted or purported to have been
granted before the commencement of this section under the Mining
Act 1980 in pursuance of the Agreement and, subject to
subsection (4), a reference in the Mining Act 1980 (other than
sections 17, 19, 20, 22(1), 55(j), 57, 58, 59 and 163 of the Act) or
the Agreement to:
(a) a mineral lease (or, in general terms, to a mining tenement); or
(b) an exploration licence (including the renewal of an exploration
licence),
includes a reference to a mineral lease or exploration licence
granted by subsection (1) or so validated.
(4) For the avoidance of doubt and notwithstanding any other law in
force in the Territory, a mineral lease or exploration licence is
validly and effectively granted by subsection (1) notwithstanding
that an application has not been made nor any action that would be
required before an equivalent lease or licence could be granted
under the Mining Act 1980 (including the giving of any notices and a
hearing by and recommendation of the Warden) has not been
taken.
4AB Ratification of certain instruments
(1) Despite any law to the contrary, the Authorisation:
(a) is valid and effective; and
(b) authorises mining activity of any kind (including the conversion
of the Mine from an underground into an open-cut mine).
McArthur River Project Agreement Ratification Act 1992 4
(2) Despite any law to the contrary, the Mining Management Plan:
(a) is valid and effective; and
(b) was validly approved by the Minister for Mines and Energy on
13 October 2006.
(3) This section operates retrospectively and prospectively as follows:
(a) subsection (1) operates on each of the constituent
authorisations from the date on which it was purportedly
made; and
(b) subsection (2) operates from 13 October 2006.
(4) In this section:
Authorisation means the constituent authorisations.
constituent authorisations means:
(a) the authorisation under section 36 of the Mining Management
Act 2001 dated 21 January 2003 and numbered 0059-01; and
(b) the further authorisation under section 36 of the Mining
Management Act 2001, varying that authorisation, dated
13 October 2006, and numbered 0059-02.
Mine means the mine that forms part of the McArthur River Project.
mining activity, see section 13A of the Environment Protection
Act 2019.
Mining Management Plan means the mining management plan
related to the Mine and purportedly approved by the Minister for
Mines and Energy on 13 October 2006.
4AC Application of Part 15 of the Environment Protection Act 2019
Despite section 4AB, if there is any inconsistency between
section 4AB and Part 15 of the Environment Protection Act 2019,
Part 15 of the Environment Protection Act 2019 prevails.
4B Compensation
(1) To the extent that a relevant legislative or administrative act results
in the acquisition of property on terms that would not (apart from
this section) be just, the Territory is liable to pay compensation
sufficient to remedy the injustice.
McArthur River Project Agreement Ratification Act 1992 5
(1A) The compensation is to be determined by agreement between the
person from whom the property was acquired and the Territory or,
in default of agreement, by the Supreme Court.
(2) A person is not entitled to compensation under this section unless,
within 3 years after the acquisition, the person lodges a claim with
the Administrator setting out:
(a) the person's name and an address for service in the Territory;
and
(b) the nature of the property acquired; and
(c) the amount of compensation claimed.
(3) If, at any time after a person has lodged a claim under this section,
the Administrator serves on the person a notice in writing that the
Administrator is satisfied, on reasonable grounds, that no
agreement, or no further agreement, can be reached in respect of
the claim, an action by the person against the Territory under this
section for compensation shall not be instituted later than 6 months
after service of the notice.
(4) Where an action has been instituted under this section in the
Supreme Court and, on application by the Territory for an order
under this subsection, the Court is satisfied that the person claiming
compensation is not diligently prosecuting the action, the Court may
dismiss the action for want of prosecution.
(5) A notice by the Administrator for the purposes of this section may
be served by post on the claimant at the claimant's address in the
Territory for service set out in the claim lodged with the
Administrator.
(6) In this section:
acquisition of property includes:
(a) the extinguishment or diminution of an interest in or right in
relation to land; and
(b) any effect on such an interest or right, being an effect of a kind
referred to in section 174B or 174D of the Mining Act in
relation to private land.
compensation may include:
(a) facilities or services agreed on between the claimant and the
Territory provided or to be provided to the claimant or as the
claimant directs; and
McArthur River Project Agreement Ratification Act 1992 6
(b) property in substitution for property acquired.
relevant legislative or administrative act means:
(a) a grant effected by section 4A; or
(b) a validation effected by section 3 of the McArthur River Project
Agreement Ratification Amendment Act 1993; or
(c) the enactment of section 4AB; or
(d) anything done under this Act.
5 Enforcement
Notwithstanding any Act or law in force in the Territory to the
contrary, a decree of specific performance may be granted and
enforced against the Territory in respect of its obligations under the
Agreement in the same circumstances and on the same conditions
as such a decree could be granted and enforced against a subject
of the Crown.
6 Calculation of royalties exclusive of GST
(1) For the purpose of calculating or recalculating an amount of royalty
under clause 22(4) of the Agreement, subject to subsection (2), an
amount or value that affects the calculation or recalculation is to be
taken to be the amount or value exclusive of the amount of GST (if
any) payable in relation to a supply to which that amount or value
relates.
(2) Where an amount or value that affects the calculation or
recalculation referred to in subsection (1) is directly attributable to
an acquisition that relates to a supply that is input taxed, the
amount or value is to be taken to be the amount or value inclusive
of the amount of GST (if any) payable in relation to the acquisition
to which that amount or value relates.
(3) For the purposes of section 4(5), the Agreement is to be taken to be
amended to the extent necessary to give effect to subsections (1)
and (2).
(4) In subsections (1) and (2), acquisition, GST, input taxed and
supply have the same respective meanings as in the A New Tax
System (Goods and Services Tax) Act 1999 of the Commonwealth.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 7
Schedule 1 McArthur River Project Agreement
THIS AGREEMENT is made the 25 th day of November 1992.
BETWEEN
THE NORTHERN TERRITORY OF AUSTRALIA care of the Department of
Mines and Energy having its offices in the Paspalis Centrepoint Building,
Smith Street, Darwin in the Northern Territory of Australia (the "Territory") of
the first part
AND
MOUNT ISA MINES LIMITED (A.C.N. 009 661 447) a company duly
incorporated in the State of Queensland and having its registered office in that
State at Level 2, MIM Plaza, 410 Ann Street, Brisbane (hereinafter with its
successors and permitted assigns called the "Company") of the second part
WHEREAS
A. In 1955 the Company discovered a major zinc, lead and silver
deposit called the H.Y.C. deposit in the McArthur River district in
the Northern Territory of Australia.
B. Pursuant to section 147A of the Mining Ordinance by Notice in
Gazette No. 2 of 14 January 1977 certain lands at McArthur River
were reserved from occupation ("Reservation from Occupation
No.581"). The area of Reservation from Occupation No. 581 was
altered by Notice in Gazette No. 13 of 31 March 1978.
C. By virtue of section 69 of the Northern Territory (Self-Government)
Act 1978 the H.Y.C. deposit was vested in the Territory.
D. Pursuant to section 191(22) of the Mining Act, RO581 is deemed to
be a reservation from occupation under section 178(1) of that Act.
E. Pursuant to section 178(2) of the Mining Act the Minister is
empowered to authorise a person to occupy and use land reserved
from occupation under section 178(1) provided that that person has
entered into a contract with the Territory relating to the exploration,
mining or treatment of deposits of a particular mineral or extractive
mineral.
F. On 4 October 1989 the Company entered into a contract with the
Territory under which the Company was required to carry out
exploration which included feasibility studies of the H.Y.C. deposit
in the northern portion of RO581 in accordance with a
pre-development program schedule.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 8
G. On 4 October 1989 the Minister for Mines and Energy authorised
("AN299") the Company to occupy and use the northern portion of
RO581 for the purposes of carrying out exploration, mining and
feasibility studies. A further authorisation ("AN343") to occupy and
use the northern portion of RO581 was issued on 13 December
1990 with effect on and from 1 January 1991 to and including 31
January 1993.
H. The Company is the holder of Existing Tenements situate within the
external boundaries of RO581 but not forming part of RO581.
I. Following technological and commercial studies, the Company
wishes to commence development of the McArthur River Project.
J. The Territory and the Company wish to enter into this Agreement in
respect of the McArthur River Project for the purposes of:–
(a) granting Mineral Leases for the purposes of the McArthur
River Project situate within the external boundaries of the
northern portion of RO581 and any adjoining area and over
an area situate within the Bing Bong Pastoral Lease No. 686
and adjacent Territory waters; and
(b) facilitating the development, construction and operation of
the McArthur River Project.
NOW THIS AGREEMENT witnesses as follows :–
1. DEFINITIONS AND INTERPRETATION
(1) In this Agreement unless the contrary intention appears –
Agreement means this Agreement as varied from time to time in
accordance with this Agreement.
Concentrate means concentrate to be produced from the Ore.
Contractors includes subcontractors.
Existing Tenements means the mining tenements set out in
Annexure A of this Agreement held by the Company together with
any other mining tenement or interest granted pursuant to the
Mining Ordinance or the Mining Act including but not limited to a
Miners Right, Reward Claim and Authority to Prospect held by the
Company, or any other related company approved in writing by the
Minister, over or in connection with, all the land within the external
boundaries of the northern portion of RO581.
McArthur River Project means the project to be developed by the
Company in the Northern Territory of Australia relating to the mining
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 9
of zinc-lead-silver from the mineral deposit known as the H.Y.C.
deposit and the subsequent treatment, storage and transport of Ore
and Concentrate within and between the Mineral Leases within the
external boundaries of the northern portion of RO581 as at the date
of this Agreement and any adjoining areas and the area of one
Mineral Lease on the Bing Bong Pastoral Lease No. 686 and
adjacent Territory waters. The project is for the purposes of:
(a) mining of Ore;
(b) processing, treatment and concentration of Ore;
(c) storing Ore or Concentrate;
(d) transporting Concentrate for sale, export or further processing;
(e) exploration for minerals; and
(f) for such other purposes in connection with the McArthur River
Project as are necessarily incidental to paragraphs (a), (b), (c),
(d) and (e).
Mineral Lease means a mineral lease granted pursuant to clause 4
of this Agreement.
Minister means the Minister of the Territory who for the time being
is the Minister administering the Mining Act and includes any
Minister for the time being acting for and on behalf of the Minister.
Mortgage means any mortgage, charge, assignment,
encumbrance or other dealing by way of security.
northern portion of RO581 means that portion of RO581 as is
hatched black in the plan shown in Annexure C.
Ore means ore containing zinc, lead or silver together with any
associated minerals which must necessarily be mined in
conjunction with the minerals of zinc, lead or silver.
RO581 means the Reservation from Occupation No. 581 notified by
Gazette Notice Serial No. 46/77 in the Northern Territory
Government Gazette No. 2 of 14 January 1977 but excluding from
that area so reserved all that land described in the Schedule to the
Notice in Northern Territory Government Gazette No. 13 of
31 March 1978.
Services means the services of engineers, surveyors, architects
and other professional consultants, experts and specialists, project
managers, manufacturers, wholesalers, retailers, suppliers and
Contractors and includes any other services necessary or incidental
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 10
to the construction, continued operation or care and maintenance of
the McArthur River Project.
(2) This Agreement shall be interpreted in accordance with the
Interpretation Act 1978 of the Territory as if it were a document
subject to interpretation in accordance with that Act.
2. RATIFICATION BY PARLIAMENT
(1) This Agreement, other than sub-clause (2), shall have no force or
effect and shall not be binding on either party unless and until it is
signed by both parties and is ratified by the Legislative Assembly of
the Northern Territory of Australia, with the assent as provided by
the Northern Territory (Self-Government) Act 1978 of the
Commonwealth.
(2) The Minister shall take all necessary action to have submitted to the
Legislative Assembly at the earliest practicable date a Bill for an Act
to ratify this Agreement.
3. TERM
This Agreement shall commence on the date the McArthur River
Project Agreement Ratification Act 1992 comes into operation and
shall continue for the term of the Mineral Leases or any of them and
any renewal unless the Agreement is terminated in accordance with
the terms of this Agreement.
4. MINERAL LEASES AND EXPLORATION LICENCE
(1) Subject to sub-clause (2) of this clause, the Company may apply for
Mineral Leases in accordance with the provisions of the Mining Act
for the purposes of the McArthur River Project over areas of land
within the external boundaries of the northern portion of RO581,
any area adjoining the northern portion of RO581 but outside of
RO581 and in any event subject to and in accordance with
section 25 of the Mining Act, and one Mineral Lease over an area of
land within the Bing Bong Pastoral Lease No. 686 and adjacent
Territory waters.
(2) For a period of 2 years from the commencement of this Agreement
the provisions of sections 57, 58, 59 and 163 of the Mining Act shall
not apply to the McArthur River Project and the Minister shall as
soon as practicable following the applications made by the
Company grant the Mineral Leases for a term of 25 years in respect
of the areas applied for notwithstanding there being no
recommendation of the Warden.
(3) The Minister shall renew the Mineral Leases in accordance with
section 68 of the Mining Act for a further term of 25 years.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 11
(4) For the purposes of this Agreement and section 168 of the Mining
Act, the Mineral Leases within the external boundaries of the
northern portion of RO581 shall be deemed to be granted in
substitution for those Existing Tenements set out in Annexure A,
those Existing Tenements being automatically cancelled by the
granting of the Mineral Leases.
(5) The Company's, and any related company's, obligations and
liabilities under the Existing Tenements set out in Annexure A which
would survive or commence to apply upon cancellation, expiration
or substitution of those Existing Tenements shall become part of
the obligations and liabilities of the Company under the Mineral
Leases provided that where there is any inconsistency between the
Company's obligations and liabilities under the Existing Tenements
and those under the Mineral Leases, the latter shall prevail.
(6) Following receipt by the Minister of applications by the Company for
Mineral Leases under this clause, the following shall apply:
(a) The Company shall as soon as possible thereafter deliver to
the Minister a letter stating that it does not propose to apply for
any further mineral leases under this clause.
(b) Upon receipt of that letter the Minister shall cancel the
northern portion of RO581 with effect immediately upon
signature of the notice of cancellation and notwithstanding
section 178 of the Mining Act.
(c) Immediately upon that cancellation, the Company shall make
application for and the Minister shall grant to the Company an
exploration licence under the Mining Act for a term of 6 years
over the balance of the former northern portion of RO581 as is
not the subject of any mineral lease application by the
Company. For the purpose of that grant, sections 17, 19, 20,
22(1) and 163 of the Mining Act shall not apply.
5. LEASES, LICENCES, EASEMENTS AND RIGHTS OF WAY
The Territory shall use its best endeavours to grant or cause to be
granted to the Company, upon such terms and conditions as shall
be agreed upon in writing between the parties, mining tenements,
licences, easements and rights of way reasonably required or
incidental to the construction and operation by the Company of the
McArthur River Project, for a term terminating no later than the
termination or expiration of the Mineral Leases or any renewals of
the Mineral Leases.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 12
6. ACQUISITION
(1) The Company shall use its best endeavours to voluntarily acquire
land or any interest in land reasonably required for the purposes of
the McArthur River Project before making any written request to the
Territory pursuant to subclause (2) of this clause.
(2) On the written request of the Company, the Territory shall use its
best endeavours to voluntarily acquire or under the Lands
Acquisition Act compulsorily acquire land or any interest in that land
if, in the reasonable opinion of the Minister, it is of significance to
and is reasonably required for the purposes of the McArthur River
Project and shall sell, lease or grant licences, easements or rights
of way in respect of that land to the Company on terms which shall
be agreed between the Territory and the Company.
(3) Subject to the provisions of any agreement entered into pursuant to
subclause (2) of this clause the Company shall reimburse the
Territory for any moneys paid by the Territory in respect of the
acquisition of that land or any interest in that land.
7. RESUMPTION
(1) The Territory may under and in accordance with the Lands
Acquisition Act 1978 resume any of the land the subject of the
Mineral Leases for the purposes of roads, rights of way, stock
routes, railways, pipelines, power lines, communications routes,
drainage, schools and health facilities of any kind provided that the
resumption does not now or in the future unreasonably prejudice or
interfere with the McArthur River Project.
(2) For all other purposes, the Territory shall not, without the written
consent of the Company (which shall not be unreasonably
withheld), resume any part of the land the subject of the Mineral
Leases.
(3) Nothing in this clause shall prevent the Territory, its servants,
agents and Contractors and any other person authorised by the
Territory from lawfully entering upon and remaining on any of the
land the subject of the Mineral Leases or any part of the land the
subject of the Mineral Leases at any time.
8. ROADS
(1) Subject to this clause, the Territory shall, at no expense to the
Company, with all reasonable expedition having regard to the
proposed timetable for the McArthur River Project and subject to
clause 19 Force Majeure, where necessary construct and maintain
all the road from the intersection of the access road from the H.Y.C.
deposit with the Carpentaria Highway to the Mineral Lease on Bing
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 13
Bong Pastoral Lease No. 686 as shown in Annexure B (in this
clause referred to as the "road").
(2) The road shall be a public road which may where necessary be
excised by the Territory from Bing Bong Pastoral Lease No.686 at
no cost to the Territory.
(3) The construction and maintenance of the road shall at least be to a
standard determined by the Territory which is reasonable for the
purposes of the operation of the McArthur River Project following
consultation with the Company, its agents and Contractors.
(4) Vehicles used on any public street as defined by the Motor Vehicles
Act 1949 during the construction and operation of the McArthur
River Project shall be registered in the Northern Territory and
operated in accordance with the Motor Vehicles Act 1949, the
Control of Roads Act 1953 and the Traffic Act 1987.
(5) Subject to sub-clause (4) of this clause, the Company, its servants,
agents and Contractors with vehicles of all types shall at all times
be entitled to use the road for all purposes associated with the
McArthur River Project.
(6) The Territory shall not assess any road toll or subject to sub-clause
(4) of this clause other charges in relation to the use of the road by
the Company, its agents and Contractors.
(7) Subject to subclauses (1) and (3) of this clause, the Territory shall
not be liable for any failure to maintain or construct the road within
any time or to any standard under this clause.
10. PORT
(1) Construction of the barge loading facility (in this clause referred to
as the "port") to be located within the Mineral Lease over an area
situate within the Bing Bong Pastoral Lease No. 686 and adjacent
Territory waters, shall be the responsibility of the Company.
(2) The Company shall be the manager and operator of the port and
shall be entitled to license or permit the use of the port or parts of
the port by other persons and to charge users of the port such fees
as are necessary to recover the Company's costs of the port.
(3) The Territory shall use its best endeavours to issue all necessary
consents, permits, licences and approvals to allow construction,
maintenance and operation of the port and if requested so to do will
join with the Company in seeking any consents, permits, licences
and approvals which may be necessary from any Commonwealth
Department or Authority.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 14
11. ELECTRICITY
(1) Subject to subclause (2) of this clause and subject to the signing of
an electricity supply contract between the Territory and the
Company, the Territory shall provide electricity for the McArthur
River Project.
(2) The Company is entitled to provide electricity for the McArthur River
Project. If the Company elects to construct, maintain and operate
facilities necessary for the supply of electricity for the purposes of
the McArthur River Project by itself, its agents or Contractors or in
conjunction with the Territory, the Territory shall use its best
endeavours to issue all necessary consents, permits, licences and
approvals to allow construction, maintenance and operation of
those facilities. Any on-selling of electricity by the Company will be
subject to the prior written consent of the Territory.
12. DOWNSTREAM PROCESSING
(1) Having regard to the Territory's intention to have established
downstream processing within the Northern Territory, the Company
shall in accordance with this clause, unless otherwise agreed in
writing by the Minister, investigate downstream processing of zinc,
lead and silver within the Northern Territory.
(2) The Company shall within 7 years of the date of this Agreement
and every 5 years thereafter provide to the Minister, unless
otherwise agreed in writing, a written report setting out the technical
and economic feasibility of downstream processing of zinc, lead
and silver.
(3) The Company shall use its best endeavours to encourage and
support downstream processing of zinc, lead and silver within the
Northern Territory if it is technically feasible and commercially
sound.
(4) Nothing in this clause shall oblige the Company to disclose its own
confidential information or any information the disclosure of which
will or may be in breach of any obligation (whether statutory or
otherwise) and which in either event will or may render the
Company liable to a fine, penalty, forfeiture or detriment of any kind.
(5) Nothing in this clause shall oblige the Company to process or sell
the Ore or Concentrate on other than commercial terms acceptable
to it or impinge upon or restrict in any way the rights of the
Company to enter into and comply with contracts for the sale of
zinc, lead and silver in any form.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 15
13. USE OF LOCAL PROFESSIONAL SERVICES, LABOUR AND
MATERIALS
(1) The Company shall, for the purposes of the McArthur River Project,
except in those cases where the Company can reasonably
demonstrate to the Territory that it is impractical for commercial,
technical or other reasons so to do:
(a) use labour available within the Northern Territory;
(b) use Services located and available within the Northern
Territory or if such Services are not available within the
Northern Territory then as far as practical, use Services
otherwise available within Australia;
(c) when preparing specifications, calling for tenders and letting
contracts for works, materials, plant, equipment and supplies
ensure that the Services providers within the Northern
Territory are given a reasonable opportunity to tender or
quote; and
(d) give, and require Contractors of the Company to give,
preference to workers and Services providers within the
Northern Territory when letting contracts or placing orders for
works, materials, plant, equipment and supplies where price,
quality, delivery and service are equal to or better than that
obtainable elsewhere.
(2) The Company shall, when requested by the Minister, such request
not to be made more frequently than annually, submit a written
report concerning the Company's compliance with and
implementation of the provisions of this clause and use its best
endeavours to provide reasonable information concerning the
Contractor's compliance with paragraph (d) of sub-clause (1) of this
clause.
(3) For the purpose of this clause, the Company shall, at no expense to
itself, accept the secondment of an officer of the Territory Industrial
Supplies Office, on terms and conditions to be agreed between the
Territory and the company.
14. NON DISCRIMINATION
(1) Except as provided in clause 22 of this Agreement and section 64
of the Mining Act, the Territory shall not impose or allow its
instrumentalities or authorities, or any local government authority to
impose discriminatory taxes, rates or charges on or in respect of
the activities of the Company, its agents or Contractors in the
construction and operation of the McArthur River Project.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 16
(2) The Territory shall not take or permit to be taken, any other
discriminatory action which would deprive the Company of full
enjoyment of the rights granted or to be granted to the Company
under this Agreement. Provided that nothing in this sub-clause
shall prevent the Territory, servants, agents, and statutory
corporations from taking any lawful action under a law in force in
the Territory relating to the protection, conservation or rehabilitation
of the "environment" as defined in the Mining Act.
15. FINANCE
(1) The Territory shall if it gives a notice, request or demand to the
Company under this Agreement, concerning other than routine
matters, provide to a party which has the benefit of a Mortgage a
copy of that notice, request or demand.
(2) The Company shall notify the Territory of the name, address,
telephone and facsimile numbers of any party which has the benefit
of a Mortgage upon execution of this Agreement and any change in
any of them within 14 days of such a change.
(3) It is agreed between the parties that the provisions of
sub-clause (1) of this clause shall in no way affect the Territory's
remedies at law against the Company.
(4) A party which has the benefit of a Mortgage shall not be liable for
the Company's operation of the McArthur River Project or for the
performance of any of the Company's obligations under this
Agreement provided that where pursuant to any Mortgage, such a
party conveys to itself an interest in a Mineral Lease and the
McArthur River Project, such party may then become so liable to
the extent of the interest so conveyed.
16. VARIATION
(1) The parties may vary this Agreement by further agreement in
writing signed by the Territory and the Company.
(2) The Territory shall cause any further agreement made pursuant to
sub-clause (1) of this clause, to be laid before the Legislative
Assembly at the next sittings of the Legislative Assembly.
(3) The Legislative Assembly may, within 10 full sitting days including
the day upon which the further agreement was laid before it, pass a
resolution disallowing the further agreement, but if after the last day
on which the further agreement might have been disallowed the
Legislative Assembly has not passed such a resolution the further
agreement shall have effect from and after that last day.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 17
17. NO ASSIGNMENT
(1) The Company shall not assign its rights or obligations under this
Agreement or any of them without the prior written consent of the
Minister first had and obtained. Such consent shall not be
unreasonably withheld.
(2) The Company may mortgage, charge or encumber a Mineral Lease
and the Minister shall consent to that mortgage, charge or
encumbrance, provided that the consent of the Minister shall be
required for any subsequent sale or transfer by the mortgagee,
chargee or encumbrancee exercising its powers under the
mortgage, charge or encumbrance.
18. POWER TO VARY PERIODS
Notwithstanding any provision of this Agreement, the Territory may
in writing and at the request of the Company, vary any period in this
Agreement whether or not the period to be varied has expired.
19. FORCE MAJEURE
(1) Subject to this clause, the time for the performance of any
obligation of this Agreement or the Mineral Leases, except an
obligation to pay money, which performance is delayed by
circumstances beyond the reasonable control of the party
responsible for the performance of such obligation, shall be
extended by the period of the delay but no longer and a party shall,
subject to sub-clauses (2) and (3) of this clause, not be liable in
damages to the other nor shall any action, claim or demand be
taken or made against a party by reason solely of such delay in the
performance of such obligation in circumstances beyond the
reasonable control of that party.
(2) The party responsible for the performance of any such obligation
shall use all reasonable diligence to remove the said circumstances
and minimise the effects of the said circumstances as soon as is
reasonably practicable after notice of the same shall have come to
its attention save and except that the settlement of any strike,
lockout, or other industrial dispute shall be entirely within the
discretion of any party directly concerned therewith and nothing
herein shall require the settlement thereof by acceding to the
demands of the opposing party or parties where such course is
considered inadvisable in the absolute discretion of the party so
concerned.
(3) A party shall as soon as reasonably practicable give notice to the
other party of each event alleged to constitute circumstances
beyond its reasonable control, of any delay in the performance of
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 18
any obligation of this Agreement or the Mineral Leases, of the likely
duration of the delay and of the cessation of the circumstances.
(4) In this clause, the expression "circumstances beyond the
reasonable control" shall include, without limitation, earthquakes,
floods, storms, tempests, cyclones, washaways, fires not caused by
the wilful default or gross negligence of the party responsible for
such performance, acts of God, acts of war, acts of public enemies,
riots and civil commotions, strikes, lockouts, bans, "go-slow"
activity, stoppages, restraints of labour or other similar acts
(whether partial or entire), acts or omissions of the Commonwealth
or any instrumentality of the Commonwealth (whether legislative,
executive or administrative) or any other government or
governmental authority or instrumentality or any local government
authority (whether legislative, executive or administrative),
shortages of labour or essential materials, reasonable inability to
obtain Contractors or, retain Contractors, delays of Contractors,
actual or reasonably forecast inability to profitably sell the minerals,
delays or restrictions on the remittance or provision of funds to a
party, inability or delay in obtaining any government or local
government authority approval, permit or licence, or any other
cause whether of a kind specifically enumerated above or otherwise
which is not reasonably within the control of the party delayed.
20. TERMINATION
(1) The Territory may terminate this Agreement, by giving not less than
a period of one hundred and eighty (180) days notice in writing to
the Company in the event that the Company:
(a) is in default in the due and punctual performance or
observance of any of the provisions in this Agreement, which
default the Territory reasonably considers material and which
has not been remedied within that notice period;
(b) subject to clause 19 abandons the McArthur River Project and
does not resume operations on the McArthur River Project
within that notice period. For the purposes of this provision,
"abandons" shall include placing the McArthur River Project
on a care and maintenance basis for a period of more than
one year or a number of periods which total more than one
year, provided that the Minister may in writing in his discretion
extend that period of one year;
(c) repudiates any obligation the Territory reasonably considers
material under this Agreement and does not rectify such
repudiation within that notice period;
such that this Agreement shall terminate upon the expiration of that
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 19
notice period unless such default has been sooner remedied or
unless such operations have been sooner resumed, or unless such
repudiation has been sooner rectified (as the case may be).
Provided that in the case of a default by the Company which is not
of the type capable of remedy within that notice period, and if the
Company has promptly commenced to use, upon receipt of that
notice, and has continued to use, its best endeavours to remedy
that default, then this Agreement shall not terminate upon the
expiration of that notice period and the Minister shall extend that
notice period for such further period as is reasonably necessary to
remedy the default. Upon such an extension, the Company shall
continue to use its best endeavours to remedy that default or may
pay to the Territory in lieu thereof such sum as is adequate to
compensate the Territory, its servants, agents, Contractors,
instrumentalities, authorities and local government authorities for
that default.
(2) The Territory may terminate this Agreement by giving not less than
a period of ninety (90) days notice in writing to the Company if the
Company goes into liquidation (other than voluntary liquidation for
the purposes of reconstruction) and the Agreement shall terminate
at the expiration of that ninety (90) day period unless within that
period the interest of the Company in this Agreement is assigned to
an assignee approved in writing by the Minister.
(3) The Company may terminate this Agreement by giving not less
than a period of one hundred and eighty (180) days notice in writing
to the Territory in the event that the Territory:
(a) is in default in the due and punctual performance or
observance of the provisions in this Agreement, which default
the Company reasonably considers material and which has
not been remedied within that notice period; or
(b) enacts legislation which significantly increases the obligations
of the Company pursuant of the McArthur River Project;
such that this Agreement shall terminate upon the expiration of that
notice period unless such default has been sooner remedied or
unless such legislation has been sooner repealed (as the case may
be).
(4) Notice given pursuant to this clause shall specify the nature of the
default or the ground entitling the party to exercise such right of
termination.
(5) A party who has the benefit of a Mortgage shall be entitled but not
obliged, to rectify the default within the relevant notice period.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 20
(6) This Agreement may be terminated at any time by agreement in
writing signed by the Territory and the Company.
21. EFFECTS OF TERMINATION
(1) On termination of this Agreement the Company shall immediately
pay all amounts due under this Agreement but unpaid to the
Territory.
(2) Notwithstanding any notice of termination by the Territory, nothing
in clause 20 shall prevent the Territory from administering and
enforcing the law in force in the Territory in its application to the
Company, the McArthur River Project and the Mineral Leases.
(3) Termination of this Agreement shall not terminate the Mineral
Leases or any lease, licence, easement or right of way.
(4) Any obligations of confidentiality between the parties shall continue
after termination of this Agreement unless otherwise agreed.
(5) Termination of this Agreement shall not otherwise affect any
accrued rights or remedies a party may have against the other
party.
22. IMPOSTS
(1) Subject to this clause, the Company shall not be exempt from rent,
royalty, duties, fees, levies, taxes or any other impost.
(2) Stamp Duty
The Territory shall exempt from or refund where already paid stamp
duty which but for the operation of this clause would or might be
assessed and chargeable against any party to:
(a) any joint venture agreement;
(b) any agreement granting a right to acquire from the Company
an interest in any of the Existing Tenements and a right to
participate in a joint venture; or
(c) any transfer or assignment of an interest in or grant of a right
to occupy the existing tenements or Mineral Leases or any of
them;
being an agreement, transfer or assignment entered into or grant
made by the Company before 30 April 1994 for the purpose of the
McArthur River Project.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 21
(3) Business Franchise Act Licence Fees
If the Company, its agents or Contractors, acquire in the Northern
Territory any of their fuel for the McArthur River Project through
distributors operating in the Northern Territory, the Territory shall
waive any fee payable in respect of that fuel by the Company, its
agents or Contractors under the Business Franchise Act to the
extent that that fee exceeds, in the reasonable opinion of the
Minister, that which would have been payable in Queensland under
the equivalent legislation (if any) had the McArthur River Project
been in Queensland and the fuel was acquired in Queensland.
(4) Royalty
(a) Subject to this clause, the Company shall pay royalty to the
Territory in accordance with the provisions of the Mineral
Royalty Act.
(b) Notwithstanding the Mineral Royalty Act, but subject to
section 4D of that Act and paragraph (c) of this sub-clause,
the Minister shall allow additional deductions being for costs
incurred by the Company, or by any other related company,
and directly relating to the McArthur River Project and the
Existing Tenements or any of them or to RO581, in calculating
net value for royalty under the Mineral Royalty Act, being
costs so incurred from 1 January 1955 which are otherwise
not deductible provided that the total additional deductions of
the Company shall be included in the assessment of royalty in
the first royalty year of the Company (subject to paragraph (d)
of this sub-clause) and shall not exceed thirty-two million
dollars (A$32,000,000.00) in actual dollars incurred.
(c) The Minister shall appoint a person for the purposes of
paragraph (b) of this sub-clause. The additional deductions
shall be allowed under that paragraph after that person has
checked the relevant accounts and other records and has
advised the Secretary in writing that he has reasonably
satisfied himself that the amounts claimed as additional
deductions were incurred by the Company or by any related
company in the manner specified in paragraph (b) of this sub-
clause.
(d) In calculating net value for royalty under the Mineral Royalty
Act, the Company shall be entitled to carry forward into the
next royalty year as a deduction any negative net value
assessed in respect of production by the Company from the
Mineral Leases for the immediately preceding royalty year.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 22
(e) The rate of royalty shall upon request from either party be
reviewed by the Territory ten (10) years from the 30th day of
June prior to the first royalty year covered by the first royalty
return, the Territory having regard to such matters as the
profitability of the McArthur River Project and the level of
royalties generally in the Commonwealth of Australia for zinc,
lead and silver over that ten (10) year period.
(f) The rate of or formula for royalty payable by the Company for
the period succeeding the review shall be the rate or formula
agreed in writing by the parties or in the event that agreement
is not reached then the Mineral Royalty Act will continue to
apply.
(g) If the Company undertakes downstream processing in the
Northern Territory of the zinc, lead or silver Concentrate
produced from the McArthur River Project, then:
(i) for the purposes of calculation of royalty payable by the
Company, the value of the Concentrate used in that
downstream processing shall be used as the basis of
that calculation;
(ii) in consideration of the Company undertaking
downstream processing in the Northern Territory, the
Minister may, by further agreement in writing with the
Company, reduce the royalty rate.
23. TERRITORY ASSISTANCE
(1) The Company shall from time to time make application to the
Commonwealth or to the Commonwealth constituted agency,
authority or instrumentality concerned for the grant to it of any
permit, consent, approval, authorisation, licence under the laws of
the Commonwealth required for the purposes of the McArthur River
Project.
(2) On request by the Company and where appropriate, the Territory
shall make representations to the Commonwealth or to the
Commonwealth constituted agency, authority or instrumentality
concerned for the grant to the Company of any permit, consent,
approval, authorisation, licence or permission referred to in
sub-clause (1) of this clause.
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 23
24. CONFIDENTIALITY
(1) Except to the extent otherwise required by law or the Stock
Exchange Listing Rules, the Territory and the Company agree that
a party shall not make public any confidential information provided
by the other party pursuant to this Agreement without first obtaining
the consent of the other party.
(2) Nothing in sub-clause (1) of this clause shall prevent the Territory
from conducting its affairs of government in the usual way.
25. NOTICES
(1) A notice given under this Agreement shall be:
(a) in writing;
(b) addressed to the address of the recipient specified in this
Agreement or as altered by notice given in accordance with
this clause; and
(c) hand delivered or sent by pre-paid post to that address or sent
by telex or facsimile transmission and immediately confirmed
by hand delivery or pre-paid post.
(2) A notice given in accordance with sub-clause (1) of this clause shall
be deemed received:
(a) if hand delivered, on the date of delivery;
(b) if sent by pre-paid post, ten (10) days after the date of posting;
(c) if sent by telex, on the business day immediately following
receipt by the sender of the answerback of the addressee at
the end of the message; and
(d) if sent by facsimile, on the business day immediately following
the day of transmission (provided that the addressee has
acknowledged receipt, which receipt shall be promptly
acknowledged).
(3) Notice shall be sent to the parties at the following addresses:
The Territory: care of The Minister for
Mines and Energy
NT House, Mitchell Street
Darwin NT 0800
Telephone: (089) 896 277
Facsimile: (089) 813 640
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 24
or where appropriate: The Secretary
Department of Mines and Energy
Paspalis Centrepoint Building,
Smith Street,
Darwin NT 0800
Telephone: (089) 895461
Facsimile: (089) 411284
The Company: The Secretary
Mount Isa Mines Limited
(A.C.N. 009 661 447)
Level 2, MIM Plaza
410 Ann Street
Brisbane Qld 4000
Telephone: (07) 833 8000
Telex: AA40160
Facsimile: (07) 832 2426
or to such other address which is advised in writing by one party to
the other party from time to time.
26. APPLICABLE LAW
This Agreement is governed by the laws of the Northern Territory of
Australia and the Company shall comply with all applicable laws of
the Commonwealth and subject to the McArthur River Project
Agreement Ratification Act 1992 and this Agreement, all laws of the
Territory applicable to the McArthur River Project.
ANNEXURE A
Existing Tenements held by the Company as at 31 July 1992:–
TITLE LOCATION SIZE GRANT DATE
MLN 586 McArthur River 16.18 Hect. 1.3.60
MLN 587 " " " " 1.3.60
MLN 588 " " " " 3.11.64
MLN 589 " " " " "
MLN 590 " " " " "
MLN 591 " " " " "
MLN 592 " " " " "
MLN 593 " " " " "
MLN 594 " " " " "
MLN 595 " " " " "
MLN 596 " " " " "
MLN 597 " " " " "
MLN 598 " " " " "
MLN 599 " " " " "
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 25
MLN 600 " " " " "
MLN 601 " " " " "
MLN 602 " " " " 5.1.77
MLN 603 " " " " "
MLN 604 " " " " "
MLN 605 " " " " "
MLN 606 " " " " "
MLN 607 " " " " "
MLN 608 " " " " "
MLN 609 " " " " "
MLN 610 " " " " "
MLN 611 " " " " "
MLN 612 " " " " "
MLN 613 " " " " "
MLN 614 " " " " "
MLN 615 " " " " "
MLN 616 " " " " "
MLN 618 McArthur River 16.18 Hect. 5.1.77
MLN 619 " " " " "
MLN 620 " " " " "
MLN 621 " " " " "
MLN 622 " " " " "
MLN 623 " " " " 5.1.77
MLN 637 " " " " "
MLN 638 " " " " "
MLN 639 " " " " "
MLN 640 " " " " "
MLN 641 " " " " "
MLN 642 " " " " "
MLN 643 " " " " "
MLN 644 " " " " "
MLN 645 " " " " "
MLN 646 " " " " "
MLN 647 " " " " "
MLN 648 " " " " "
MLN 649 " " " " "
MLN 650 " " " " "
MLN 651 " " " " "
MLN 652 " " " " "
MLN 653 " " " " "
MLN 965 " " " " "
MLN 1114 " " " " 6.4.66
MLN 1115 " " " " "
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 26
Authorised Holdings
HLDN 88 6.71 Hect. 28.7.75 (Regn 12.8.75)
HLDN 89 2.7 Hect. 28.7.75 (Regn 12.8.75)
HLDN 90 6.1 Hect. 6.12.78 (Regn 23.1.79)
HLDN 91 1.0 Hect. 6.12.78 (Regn 23.1.79)
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 27
ANNEXURE B
ROAD
ANNEXURE C
NORTHERN PORTION OF RO581
Schedule 1 McArthur River Project Agreement
McArthur River Project Agreement Ratification Act 1992 28
IN WITNESS WHEREOF the parties have executed this Agreement.
SIGNED for and on behalf of )
the NORTHERN TERRITORY OF )
AUSTRALIA by BARRY )
FRANCIS COULTER, Minister ) (Sgd.) Barry Coulter
for Mines and Energy in the ) ......................………
presence of: ) Signature
(Sgd.) Mary Louise Potts
............................………………………….
Signature of Witness
Mary Louise Potts
............................………………………….
Name of Witness
25 November 1992
............................………………………….
Date
The COMMON SEAL of )
MOUNT ISA MINES LTD )
(A.C.N. 009 661 447) )
was hereunto affixed by ) (Sgd.) N. Coldham-Fussell
authority of a resolution ) (Sgd.) R.E. Freund
of its Board of Directors ) .......................…………….
in the presence of: ) Signature/Common Seal
Norman Coldham-Fussell
.........................……………
Name
(Sgd.) R.P. Woods
............................…………………………. Peter Edwin Freund
Signature of Witness
.......................……………...
Name
Richard Paul Woods
..............................………………………..
Name of Witness
25 November 1992
..............................
Date
Schedule 2 McArthur River Project Area
McArthur River Project Agreement Ratification Act 1992 29
Schedule 2 McArthur River Project Area
section 4A(1)
ML N1121 372.40 Hct
ML N1122 3348.00 Hct
ML N1123 3884.00 Hct
ML N1124 3283.00 Hct
ML N1125 656.80 Hct
ML N1126 900.00 Hct
EL 8078 6 blocks
ENDNOTES
McArthur River Project Agreement Ratification Act 1992 30
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
McArthur River Project Agreement Ratification Act 1992 (Act No. 79, 1992)
Assent date 18 December 1992
Commenced 5 January 1993 (Gaz S1, 5 January 1993)
McArthur River Project Agreement Ratification Amendment Act 1993 (Act No. 27, 1993)
Assent date 30 June 1993
Commenced 30 June 1993
Financial Relations Agreement (Consequential Provisions) Act 2000 (Act No. 32, 2000)
Assent date 27 June 2000
Commenced 1 July 2000 (s 2)
McArthur River Project Amendment (Ratification of Mining Authorities) Act 2007 (Act
No. 6, 2007)
Assent date 4 May 2007
Commenced 4 May 2007
Environment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)
Assent date 6 December 2023
Commenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023
(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment
Protection Legislation Amendment (Chain of Responsibility)
Act 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,
p 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);
rem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3A, 4A and 4AB.
ENDNOTES
McArthur River Project Agreement Ratification Act 1992 31
4 LIST OF AMENDMENTS
s 3A ins No. 27, 1993, s 4
s 4 amd No. 27, 1993, s 5
s 4A ins No. 27, 1993, s 6
s 4AB ins No. 6, 2007, s 3
amd No. 34, 2023, s 203
s 4AC ins No. 34, 2023, s 204
s 4B ins No. 27, 1993, s 6
amd No. 6, 2007, s 4
s 6 ins No. 32, 2000, s 45
sch 1 amd Deed 11 January 1995, (table paper No. 414)
sch 2 ins No. 27, 1993, s 7