Victorian Legislation and Parliamentary Documentsi
Version No. 001
Shire of Omeo (Tourist Gold Mine) Act 1979
Act No. 9343/1979
Version as at 24 February 2003
TABLE OF PROVISIONS
Section Page
Short title and commencement 2
Definitions 3
Grant to Corporation of exploration licence under Mines Act
1958, Part V 3
Corporation may obtain gold mining lease of Oriental Claims
Reserve 3
Power to Corporation to enter into agreements relating to
Oriental Claims Reserve 4
Payments by Corporation in respect of gold mining operations 5
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ENDNOTES 7
General Information 7
Table of Amendments 8
Explanatory Details 9
Victorian Legislation and Parliamentary Documents1
Version No. 001
Shire of Omeo (Tourist Gold Mine) Act 1979
Act No. 9343/1979
Version as at 24 February 2003
An Act to authorize the Granting to the Corporation of the Shire
of Omeo of an Exploration Licence and a Gold Mining Lease
under the Mines Act 1958 in respect of certain Crown Lands
reserved for Public Purposes, to authorize the said Corporation
to enter into Agreements in respect of any such Licence or Lease
and for other purposes.
Preamble
WHEREAS the Corporation of the Shire of Omeo
proposes to join with Tallangalook Proprietary
Limited and Ashton Mining No Liability,
companies incorporated under the Companies Act
1961, in conducting operations for exploring and
mining for gold on land being Crown allotment 5A
section B in the Parish of Omeo known as the
Oriental Claims Reserve and being land
temporarily reserved as a site for public purposes
(recreation, tourism and museum) by Order of the
Governor in Council made 5 August 19751
:
WHEREAS the said Corporation and Tallangalook
Proprietary Limited are the holders of an
exploration licence issued under Part V of the
Mines Act 1958:
WHEREAS the Corporation has no authority under
the Local Government Act 1958 to apply for or to
hold a licence or lease under the Mines Act 1958
or to enter into any agreement for the conduct of
operations for exploring and mining for gold on the
Oriental Claims Reserve:
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AND WHEREAS it is expedient to make
provision—
(a) validating the issue to the Corporation of an
exploration licence under Part V of the
Mines Act 1958;
(b) authorizing the said Corporation to apply for
a gold mining lease under the provisions of
the Mines Act 1958 in respect of the Oriental
Claims Reserve and authorizing the
Governor in Council to issue such a lease;
(c) authorizing the said Corporation to enter into
an agreement with Tallangalook Proprietary
Limited and Ashton Mining No Liability
with respect to the conduct of exploration
under the licence and mining under the gold
mining lease; and
(d) with respect to such other matters as are
necessary for the proper conduct of
exploration and mining operations on the
Oriental Claims Reserve:
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
Short title and commencement
(1) This Act may be cited as the Shire of Omeo
(Tourist Gold Mine) Act 1979.
(2) This Act shall come into operation on the day on
which it receives the Royal Assent.
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2. Definitions
In this Act––
"Corporation" means the Corporation of the
Shire of Omeo;
"Oriental Claims Reserve" means all that piece
of land being Crown allotment 5A section B
in the Parish of Omeo and being land
deemed under the Crown Land (Reserves)
Act 1978 to be temporarily reserved from
sale as a site for public purposes (recreation,
tourism and museum).
3. Grant to Corporation of exploration licence under
Mines Act 1958, Part V
Notwithstanding anything to the contrary in the
Local Government Act 1958 or the Crown Land
(Reserves) Act 1978 the Corporation shall be
deemed always to have been entitled to make
application to the Minister for Minerals and
Energy in accordance with the provisions of
Part V of the Mines Act 1958, either alone or
together with any other person, for an exploration
licence under that Part to explore for gold the
whole or any part of the Oriental Claims Reserve
and the Minister for Minerals and Energy shall be
deemed always to have had power subject to and
in accordance with the provisions of that Part to
grant any such application by the Corporation and
to issue an exploration licence to the Corporation
either alone or together with any other person.
4. Corporation may obtain gold mining lease of
Oriental Claims Reserve
For enabling the Corporation to carry out or to
join in carrying out mining operations on the
Oriental Claims Reserve the Governor in Council
in the name and on behalf of Her Majesty may on
application made by the Corporation, either alone
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or together with any other person, grant a lease
under section 40 of the Mines Act 1958 to be
effectual on or below or both on and below all or
any part of the surface of the Oriental Claims
Reserve for the purpose of mining on or under the
land for gold and such other purposes connected
with mining for gold as are specified in section 35
of the Act.
5. Power to Corporation to enter into agreements
relating to Oriental Claims Reserve
(1) In addition to and without in any way derogating
from any of its powers duties and functions under
the Local Government Act 1958 the Corporation
may, in relation to all or any part of the Oriental
Claims Reserve, enter into an agreement with any
other person for or with respect to—
(a) the exploration for and the mining of gold;
(b) the circumstances in which the Corporation
and any other party to the agreement may
make application to the Minister for
Minerals and Energy to grant to the
Corporation, either alone or together with
any other party to the agreement, a licence
under Part V of the Mines Act 1958 to
explore for gold;
(c) the circumstances in which the Corporation
and any other party to the agreement may
make application to the Governor in Council
to grant a gold mining lease under the Mines
Act 1958 to the Corporation either alone or
together with any other party;
(d) the disposal by the Corporation and any
other party to the agreement of an interest in
any licence or lease granted or to be granted
under the Mines Act 1958 to the Corporation
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and that party, including the giving of
options to purchase that interest;
(e) the exercise by a party to the agreement on
behalf of the Corporation and any other party
to the agreement of all or any rights of the
Corporation and that other party under any
licence or lease granted or to be granted to
the Corporation and that other party under
the Mines Act 1958;
(f) the payments to be made in respect of the
agreement by the parties to the agreement;
and
(g) any other matters necessary or expedient to
be provided for to give effect to the
agreement—
and to do all things necessary to be done for
carrying the agreement into effect.
(2) Any such agreement shall indemnify the
Corporation against all claims costs and demands
against the Corporation arising out of the conduct
by the said companies pursuant to such agreement
of exploration or mining operations on the
Oriental Claims Reserve.
6. Payments by Corporation in respect of gold mining
operations
(1) The Corporation may with the approval of the
Minister administering the Local Government
Act 1958 apply moneys out of the municipal fund
of the Corporation for or towards any payments to
be made by it in respect of a licence granted or to
be granted to it under section 3, a lease granted or
to be granted to it under section 4 or an agreement
entered into under section 5.
(2) The Corporation shall cause an account to be
opened in a bank for establishing a fund for the
purposes of this Act.
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(3) Into the fund established under sub-section (2)
there shall be paid any moneys approved under
sub-section (1) for payment and any other moneys
received by the Corporation with respect to the
exploration and mining operations carried out on
the Oriental Claims Reserve.
(4) Out of the fund shall be paid any moneys required
to be paid by the Corporation with respect to the
exploration and mining operations on the Oriental
Claims Reserve and any moneys referred to in
sub-section (7).
(5) Moneys in the fund established under sub-section
(2) shall be accounted for by the Corporation
separately from any other moneys of the
Corporation but shall be subject to audit in all
respects as if they were moneys in the municipal
fund of the Corporation.
(6) Where the Corporation is required by a term of an
agreement made under section 5 to pay moneys to
another party to the agreement, the term shall not
be enforceable against the Corporation unless the
making of the payment has been approved
pursuant to the provisions of sub-section (1).
(7) Moneys received by the Corporation in respect of
a licence referred to in section 3, a lease referred
to in section 4 or an agreement referred to in
section 5 shall be applied by the Corporation to
the promotion of tourism to the Shire of Omeo
and the provision of attractions and facilities for
tourists in the municipal district of the Shire of
Omeo.
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ENDNOTES
General Information
The Shire of Omeo (Tourist Gold Mine) Act 1979 was assented to on
20 December 1979 and came into operation on 20 December 1979:
section 1(2).
Endnotes
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2. Table of Amendments
There are no amendments made to the Shire of Omeo (Tourist Gold Mine)
Act 1979 by Acts and subordinate instruments.
Endnotes
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3. Explanatory Details
1 Preamble: Government Gazette 5 August 1975 page 2947.
Endnotes