Roxby Downs (Indenture Ratification) Act 1982

This Act may be cited as the Roxby Downs (Indenture Ratification) Act 1982.

In this Act—

the Joint Venturers means the Joint Venturers or any one or more of them and includes an associated company;

the Indenture means the Olympic Dam and Stuart Shelf Indenture, a copy of which is set out in the Schedule to this Act (including the Schedules and annexures) and includes the Indenture as varied, amended or replaced from time to time.

Where an expression used in this Act is defined in the Indenture, that expression has, unless the contrary intention appears, the same meaning as in the Indenture.

Where reference is made in this Act to some other Act, that reference extends to regulations, rules, by-laws and other statutory instruments made under or for the purposes of that Act.

This Act and the Indenture bind the Crown.

The following are not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth:

a Special Tenement;

a right, entitlement or authority granted by or under this Act that is of a kind declared by the regulations not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

The Indenture is ratified and approved.

The implementation of the Indenture is authorised and the Government of the State, the Ministers and other instrumentalities of the Crown and the Government of the State, and all statutory bodies and authorities (including local authorities) are authorised, empowered and required to do all things necessary or expedient to carry out, and give full effect to, the Indenture.

No person shall do or omit to do anything that frustrates, hinders, interferes with or derogates from the operation or implementation of the Indenture, or any aspect of the Indenture, or the ability of the parties to the Indenture or any other person to exercise rights or discharge duties or obligations under the Indenture.

The law of the State is so far modified as is necessary to give full effect to the Indenture and the provisions of any law of the State shall accordingly be construed subject to the modifications that take effect under this Act.

Without limiting the generality of subsection (1), in the case of any inconsistency between the provisions of any Act or law and of the Indenture, the provisions of the Indenture shall prevail and in particular—

the following Acts are to be construed subject to the provisions of the Indenture:

the Commercial Arbitration Act 1986; and

the Crown Lands Act 1929; and

the Development Act 1993; and

the Electricity Corporations Act 1994; and

the Environment Protection Act 1993; and

the Harbors and Navigation Act 1993; and

the Mining Act 1971; and

the Petroleum Act 1940; and

the Real Property Act 1886; and

the Residential Tenancies Act 1995; and

the Stamp Duties Act 1923; and

the Water Resources Act 1990, and, to the extent of any inconsistency between the provisions of those laws and of the Indenture, the provisions of the Indenture prevail; and

the provisions of the laws of the State under which any royalty, rate, tax or impost may be levied or imposed (whether by a party to the Indenture or not) are to be construed subject to the provisions of the Indenture relating to the levying or imposition of royalties, rates, taxes or imposts and, to the extent of any inconsistency between the provisions of those laws and of the Indenture, the provisions of the Indenture prevail; and

the provisions of the laws of the State relating to the granting or resumption of estates or interests in land are to be construed subject to the provisions of the Indenture and, to the extent of any inconsistency between the provisions of those Acts and of the Indenture, the provisions of the Indenture prevail; and

the Crown Lands Act 1929 is to be construed as conferring on the Governor sufficient power to make the grants and dedication of land contemplated by clause 24 of the Indenture and to grant the leases, licences, easements and rights of way contemplated by clause 27 of the Indenture; and

it is not necessary for an applicant for a Special Exploration Licence or a Special Mining Lease to peg or mark out any land, nor is the holder of such a Special Tenement to be subject to any requirement in relation to the pegging or marking out of lands subject to the Tenement; and

the Minister has power to grant and renew a pipeline licence under the Petroleum Act 1940 in accordance with clause 19A of the Indenture; and

the authorisations and approvals contemplated by clause 45 of the Indenture are hereby granted; and

the power of dedication contemplated by clause 14(8) of the Indenture is hereby conferred; and

no power of compulsory acquisition or resumption of land shall be exercised contrary to the provisions of the Indenture.

Where an application is made to the Minister pursuant to clause 7 of the Indenture for a permit, consent, approval, authorisation or permission, and, if it were not for the provisions of that clause, the right to grant the permit, consent, approval, authorisation or permission would have vested in some other Minister of the Crown, or in an instrumentality of the Crown subject to control or direction by some other Minister of the Crown, the application shall not be granted unless that other Minister of the Crown has been consulted and agrees to the granting of the application.

A permit, consent, approval, authorisation or permission granted under clause 7 of the Indenture shall be deemed to have been duly granted in pursuance of the Act or law under which provision is made for the permit, consent, approval, authorisation or permission.

Nothing in subsection (3) derogates from the rights of the Joint Venturers under clause 7 of the Indenture or prejudices or affects an arbitration.

If at any time legislation of the Parliament of the State requires any person dealing with radioactive substances to hold a licence, authorisation or permit to do so, the Minister, person or body responsible for the issue of the licence, authorisation or permit shall, upon application by the Joint Venturers, grant to them any such licence, authorisation or permit required for the purpose of enabling them to undertake the Initial Project or any Subsequent Project.

The Minister, person or body granting the licence, authorisation or permit may impose such conditions and limitations on the licence, authorisation or permit as are authorised by the Act pursuant to which it is granted, but no such condition or limitation shall impose upon the Joint Venturers any requirement or standard that is more stringent than the most stringent requirements and standards contained in any of the codes, standards or recommendations referred to in clause 10 of the Indenture.

Nothing in this section shall be construed as exempting the Joint Venturers from the payment of any fee.

For the purposes of this section, dealing with radioactive substances includes mining, milling, treatment, processing, handling, transportation or storage.

Subject to this section, the Aboriginal Heritage Act applies in relation to operations of the Joint Venturers in the Stuart Shelf Area or the Olympic Dam Area.

Until the 31st day of December, 1985, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Stuart Shelf Area or the Olympic Dam Area provided that—

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning.

After the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Olympic Dam Area provided that—

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning.

After the 31st day of December, 1985, the Joint Venturers are not required under section 21(5) of the Aboriginal Heritage Act to obtain permission to enter or use land within a protected area that lies within the area comprised in a Special Exploration Licence provided that—

any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and

where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning.

Where an environmental impact statement in relation to the Initial Project or a Subsequent Project has been approved by the Minister of Environment and Planning, no land within the area to which the environmental impact statement relates shall, after the date of the approval and before the grant of a Special Mining Lease in respect of the Project, be declared to be a protected area under section 21 of the Aboriginal Heritage Act, unless—

the land is designated or identified in the environmental impact statement as an Aboriginal site; or

the Joint Venturers in relation to the relevant Project agree to the declaration.

After the grant of a Special Mining Lease in respect of the Initial Project or a Subsequent Project, land—

to which the Special Mining Lease applies; or

within a corridor designated in the relevant approved environmental impact statement referred to in subsection (5) as—

a pipeline; or

a power line; or

a railway line; or

a private road; or

within a well field in respect of which a Special Water Licence is in force; or

within the municipality, or a township designated in the relevant approved environmental impact statement, shall not, without the consent of the Joint Venturers, be declared to be a protected area under section 21 of the Aboriginal Heritage Act.

The powers conferred by section 26 of the Aboriginal Heritage Act are not exercisable without the consent of the Joint Venturers—

before the thirty-first day of December, 1985—in respect of land that lies within the Stuart Shelf Area or the Olympic Dam Area;

after the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area—in respect of land that lies within the Olympic Dam Area;

after the thirty-first day of December, 1985—in respect of land to which subsection (6) applies or land comprised in a Special Exploration Licence.

The Joint Venturers shall not withhold consent under subsection (6) or (7) unless they have reason to believe that in consequence of the proposed declaration or exercise of powers—

mining or other works being undertaken, or in course of preparation, would be materially disrupted or impeded; or

the health or safety or any person or group of persons would be endangered.

For the purposes of this section, expressions defined in the Aboriginal Heritage Act have the same meanings as in that Act.

For the purposes of this section—

a reference in the Aboriginal Heritage Act to the owner of private lands will be taken to include a reference to a person who holds native title in the lands; and

a native title holder will be taken not to have committed an offence against the Aboriginal Heritage Act by reason only of exercising rights deriving from the native title.

For the purposes of this section, a reference to the Aboriginal Heritage Act shall be construed as a reference to the Aboriginal Heritage Act 1979 in its form as at the date of assent (15th March, 1979) or in its form as at some later date fixed by proclamation with the consent of the Joint Venturers and the subsequent amendment, replacement or repeal of that Act shall not affect its operation insofar as it applies by virtue of this section.

If a proclamation is made under subsection (10), the provisions of subsections (2) to (9) inclusive cease to operate as from the date of the proclamation.

Within thirty days after the date on which this section comes into operation the Joint Venturers shall inform the Minister whether they consent to the making of a proclamation under subsection (10).

This section will be taken not to affect the application of Aboriginal heritage legislation in relation to the operations of the Joint Venturers outside of the Stuart Shelf Area or the Olympic Dam Area.

The Governor may, with the agreement of the parties to the Indenture, make such regulations (including regulations that operate to modify a law of the State) as are necessary or expedient for the purposes of giving effect to the Indenture.

Notwithstanding any Act or law to the contrary, a decree of specific performance may be granted and enforced against the Crown in respect of its obligations under the Indenture in the same circumstances and on the same conditions as such a decree could be granted and enforced against a subject of the Crown.

The provisions of clause 23 of the Indenture, and the Local Government Act 1934, as modified by the Indenture, apply in respect of the municipality to be constituted in pursuance of clause 23 of the Indenture.

The boundaries of the municipality shall not, before the expiration of fifty years from the Commencement Date, be altered unless the Joint Venturers have consented to the alteration.

An Administrator of the municipality shall be appointed by the Minister as contemplated by clause 23(3) of the Indenture, and while local government in the municipality is administered by the Administrator the provisions of Parts 3 to 8 (inclusive) of the Local Government Act 1934 shall not apply in relation to the municipality.

The Administrator shall be an officer of the Crown and shall, subject to the Indenture and the provisions of the Local Government Act 1934 as they apply to the municipality, be under the control and direction of the Minister but the Crown is entitled to be reimbursed for the costs of employing the Administrator and any other liabilities incurred by it in relation to the administration of the municipality from the funds of the municipality.

The Administrator shall have the powers, functions and duties of a municipal council in relation to the municipality and, subject to directions of the Minister, shall exercise and discharge those powers, functions and duties in such manner as he thinks fit.

The following limitations apply in relation to the exercise of powers of local government within the municipality—

the authority exercising powers of local government within the municipality has no power with respect to private roads except that it may, after consultation with the Joint Venturers—

construct a road that crosses a private road; or

erect or lay down structures for the transmission of electricity or the reticulation of water over, under or across such a road; and

any rate imposed on land within the municipality must be based upon valuations made by the Valuer-General; and

the provisions of clause 29 of the Indenture shall be observed in relation to the rating of land within the municipality; and

Part 28 of the Local Government Act 1934 shall not apply in respect of operations of the Joint Venturers carried out within the municipality; and

a private road shall not be regarded as a street, road or public place for the purposes of the Local Government Act 1934; and

no by-law that affects operations of the Joint Venturers shall be made without the approval of the Minister and the Minister shall, before approving a proposed by-law—

inform the Joint Venturers of the terms of the proposed by-law and allow them a reasonable opportunity to object; and

consider any objections made by the Joint Venturers; and

no power of compulsory acquisition of land shall be exercised contrary to the provisions of clause 30 of the Indenture by the authority exercising powers of local government within the municipality.

The provisions of subsection (4) do not derogate from limitations on the exercise of powers of local government imposed by the Indenture.

Despite any arrangements previously applying under this section, the Freedom of Information Act 1991 will apply in relation to the municipality.