Roxby Downs (Indenture Ratification) Act 1982

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.