1Mining (Gove Peninsula Nabalco Agreement) Act 1968

NORTHERN TERRITORY OF AUSTRALIA MINING (GOVE PENINSULA NABALCO AGREEMENT) ACT 1968 As in force at 28 June 1976 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Approval of Agreement .................................................................... 1 5 Minister and Administrator to exercise powers consistently with Agreement................................................................................ 1 6 Powers of Minister and Commonwealth in relation to leases, &c. ................................................................................................... 2 7 Provisions concerning mortgages and charges under clause 16 of Agreement ................................................................... 3 8 Leases, &c., under Agreement not to be subject to or capable of partition, &c.................................................................................. 3 9 Necessary power conferred on Commonwealth Minister and Administrator ................................................................................... 4 10 Enforcement of bond ....................................................................... 4 11 Application of certain Act and Regulations ...................................... 5 12 This Act to prevail over inconsistent statute, &c. ............................. 6 The Schedule ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 28 June 1976 ____________________ MINING (GOVE PENINSULA NABALCO AGREEMENT) ACT 1968 An Act to approve an Agreement between the Commonwealth of Australia and Nabalco Pty Limited and for purposes connected with that Agreement 1 Short title This Act may be cited as the Mining (Gove Peninsula Nabalco Agreement) Act 1968. 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, unless the contrary intention appears: statute means an Ordinance or State Act of the State of South Australia in force as a law of the Territory and includes regulations, rules and by-laws made under an Ordinance or such a State Act. the Agreement means the Agreement made on 22 February, 1968, between the Commonwealth and the Company, being the agreement set out in the Schedule. the Company has the meaning defined in the definition of the Company in clause 1 of the Agreement. 4 Approval of Agreement The Agreement is approved. 5 Minister and Administrator to exercise powers consistently with Agreement (1) The Minister and the Administrator shall exercise their powers under the laws of the Territory in relation to the Company consistently with the provisions of the Agreement. Mining (Gove Peninsula Nabalco Agreement) Act 1968 2 (2) Without limiting the generality of subsection (1), the Minister and the Administrator shall exercise their powers under the laws of the Territory in relation to: (a) the special mineral lease as defined in clause 1 of the Agreement; and (b) all leases, licences, easements and other titles to be granted to the Company pursuant to subclause (2) to (6) inclusive of clause 4 of the Agreement, consistently with the provisions of the Agreement. 6 Powers of Minister and Commonwealth in relation to leases, &c. (1) The Minister may grant to the Company such leases and the Commonwealth may grant to the Company such licences, easements and other titles as are required to be granted to the Company for the purpose of giving effect to clause 4 of the Agreement. (2) Any lease (including any special mineral lease), licence, easement or other title granted pursuant to this section has effect according to its terms. (3) If the Minister grants a special mineral lease pursuant to this section he may: (a) vary it for the purpose of giving effect to clause 4 or 6 of the Agreement; or (b) renew it for the purpose of fulfilling the covenant in clause 2 of the form of lease in the First Schedule to the Agreement. (4) If the Minister grants a special purposes lease pursuant to this section, he may renew it for the purpose of giving effect to clause 4 of the Agreement. (5) If the Commonwealth grants a licence, easement or other title pursuant to this section it may renew it for the purpose of giving effect to clause 4 of the Agreement. (6) Where: (a) a special mineral lease is varied or renewed pursuant to this section; or (b) a special purposes lease, licence, easement or other title is renewed pursuant to this section, Mining (Gove Peninsula Nabalco Agreement) Act 1968 3 it has effect according to its terms as so varied or renewed. 7 Provisions concerning mortgages and charges under clause 16 of Agreement (1) Neither a mortgage or charge, being a mortgage or charge: (a) in a form commonly known as a floating charge; (b) consented to by the Minister pursuant to clause 16 of the Agreement; and (c) given by the Company over a lease, licence, easement or other title granted under or pursuant to the Agreement, nor a transfer or assignment in exercise of any power of sale contained in such a mortgage or charge shall require any approval or consent other than such consent as may be necessary under clause 16 of the Agreement. (2) A mortgage or charge of a kind referred to in subsection (1) shall not be rendered ineffectual as an equitable charge: (a) by the absence of any approval or consent otherwise than as required by clause 16 of the Agreement; or (b) because the mortgage or charge is not registered under any provision of the Act under which the lease, licence, easement or other title over which it is given is granted. 8 Leases, &c., under Agreement not to be subject to or capable of partition, &c. No lease, sublease, licence, easement or other title granted or assigned under or pursuant to the Agreement shall be: (a) subject to or capable of partition, whether by agreement or by decree or order of any court of competent jurisdiction or otherwise; or (b) subject to the making of an order for sale under the Partition Act, 1881, of the State of South Australia in its application to the Territory. Mining (Gove Peninsula Nabalco Agreement) Act 1968 4 9 Necessary power conferred on Commonwealth Minister and Administrator (1) A specified person has, by reason of this section, such power as is necessary to be conferred on him in order to enable him to do an act or thing which: (a) he is, under the Agreement or a lease, required or permitted to do so; and (b) it is necessary for him to do in order to give effect to the Agreement or a lease according to its terms. (2) In this section: lease means a special mineral lease or special purposes lease granted pursuant to the Agreement. specified person means, in relation to the doing of an act or thing, a person, being the Commonwealth, the Minister or the Administrator, specified in the Agreement or a lease as the person who shall or will or may do that act or thing. 10 Enforcement of bond (1) If the Company, having been granted a special mineral lease such as is provided for in subclause (1) of clause 4 of the Agreement and having entered into a bond does not observe and carry out the provisions on its part to be observed and carried out of subclauses (4) and (5) of clause 5 of the Agreement, the Company shall, whether or not the special mineral lease has been forfeited or surrendered, be liable to pay to the Commonwealth the sum in which the Company acknowledges itself in the bond to be bound, and that sum is a debt due to the Commonwealth and may be recovered by action in any court of competent jurisdiction. (2) If: (a) the Company has entered into a bond and, in accordance with the Agreement has assigned the whole or any part of its right under the Agreement (including its rights to or as the holder of any lease, licence, easement or other title); (b) the assignee has entered into a bond in substitution for the bond entered into by the Company, conditioned however to be void in case the assignee shall observe and carry out the provisions on the part of the Company to be observed and carried out of subclauses (4) and (5) of clause 5 of the Agreement; and Mining (Gove Peninsula Nabalco Agreement) Act 1968 5 (c) the assignee does not observe and carry out those provisions, the assignee shall, whether or not the special mineral lease has been forfeited or surrendered, be liable to pay to the commonwealth the sum in which the assignee acknowledges itself in the bond to be bound, and that sum is a debt due to the Commonwealth and may be recovered by action in any court of competent jurisdiction. (3) In and for the purposes of any proceeding to recover the sum referred to in subsection (1) or (2): (a) that sum shall be deemed to be a genuine pre-estimate of the damage suffered and recoverable by the commonwealth in respect of any failure or omission on the part of the Company or the assignee such as is referred to in subsection (1) or (2) of this section; (b) it shall not be competent for the defence to plead: (i) that the damage so suffered and recoverable was less than that sum; or (ii) that the sum or any amount of it is a penalty or penal damages; and (c) evidence proving or tending to prove any of the matters set out in subparagraphs (i) and (ii) of paragraph (b) shall not be led or admitted. (4) In this section, bond means a bond such as is set out in the Third Schedule to the Agreement. 11 Application of certain Act and Regulations Subject to this Act and the provisions of the Agreement: (a) the provisions of the Mining Act 1939 and regulations made under that Act apply to and in relation to a special mineral lease granted pursuant to the Agreement as if it were a special mineral lease granted under that Act; (b) the provisions of the Special Purposes Leases Act 1953 and regulations made under that Act apply to and in relation to a special purposes lease granted pursuant to the Agreement as if it were a special purposes lease granted under that Act; and Mining (Gove Peninsula Nabalco Agreement) Act 1968 6 (c) the provisions of any applicable law other than this Act apply to and in relation to any other lease or any licence, easement or other title granted pursuant to the Agreements if that other lease or that licence, easement or other title were granted under that applicable law. 12 This Act to prevail over inconsistent statute, &c. This Act prevails over any inconsistent statute or rule or practice of law or equity. The Schedule Mining (Gove Peninsula Nabalco Agreement) Act 1968 7 The Schedule (Refer to "hard copy" for Agreement) ENDNOTES Mining (Gove Peninsula Nabalco Agreement) Act 1968 8 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 Mining (Gove Peninsula Nabalco Agreement) Ordinance 1968 (Act No. 15, 1968) Assent date 22 May 1968 Commenced 29 May 1968 (Gaz No.24, 29 May 1968, p 133) Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 (s 12(2)) Amending Legislation Ordinances Revision Ordinance 1974 (Act No. 34, 1974) Assent date 26 August 1974 Commenced 11 December 1973 (s 3(2)) Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974) Assent date 24 October 1974 Commenced 11 December 1973 (s 3) Ordinances Revision Ordinance 1976 (Act No. 27, 1976) Assent date 28 June 1976 Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the notes to this reprint) are made by the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to the following provisions: ss 3, 5, 7, 10 and 11. ENDNOTES Mining (Gove Peninsula Nabalco Agreement) Act 1968 9 4 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: s 11.