Preamble

WHEREAS an Agreement with respect to the establishment in Victoria of the industries of reducing the ore of aluminium to its basic metal and of manufacturing alloying and fabricating the metal so produced into articles of commerce was made on the twenty-second day of November One thousand nine hundred and sixty-one between Honorable Wilfred John Mibus in his capacity as Minister of Mines for the time being of the State of Victoria for and on behalf of the State of Victoria of the one part and Alcoa of Australia Proprietary Limited a company incorporated under the provisions of the Companies Act 1958 of the other part:

AND WHEREAS by the said Agreement it is provided that the said Agreement shall not be of any force or effect until it has been validated approved and otherwise given effect to by an Act of the Parliament of Victoria:

AND WHEREAS it is expedient to ratify validate approve and otherwise give effect to the said Agreement and to make other provision as hereinafter enacted:

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):

1Short title

This Act may be cited as the Mines (Aluminium Agreement) Act 1961.

2Interpretation

In this Act unless inconsistent with the context or subject-matter—

S. 2(a) amended by No. 68/2011 s. 5(1).

(a)

The Agreement means the agreement a copy of which is set out in Schedule 1 and includes the amendments made, ratified, validated and approved by the Mines (Aluminium Agreement) Amendment Act 2011 and the plan which is annexed to the Agreement as amended and which is referred to in the said Schedule; and

S. 2(ab) inserted by No. 68/2011 s. 5(2).

(ab)

Amendment Agreement means the agreement a copy of which is set out in Schedule 2 and includes the plan which is annexed to the Amendment Agreement as executed and which is referred to in the said Schedule;

S. 2(ac) inserted by No. 68/2011 s. 5(2).

(ac)

reserve area has the same meaning that it had immediately before the commencement of the Mines (Aluminium Agreement) Amendment Act 2011;

S. 2(ad) inserted by No. 11/2024 s. 99.

(ad)

former SEC has the same meaning as in section 3(1) of the Former SEC (Residual Provisions) Act 1958;

(b)

expressions used in this Act shall have the meanings respectively assigned to them in the Agreement.

3Act to bind Crown

This Act shall bind the Crown.

4Ratification etc. and enforcement of Agreement and modification of Acts etc.

(1)

The Agreement is hereby ratified validated and approved and shall be given effect to.

(2)

The following provision shall be read as in aid of and not as in derogation from the provisions of the last preceding subsection—

(a)

the Minister and all authorities and officers concerned are hereby empowered to carry out the Agreement and to enter into such agreements and give such approvals as are provided for by it; and

(b)

this Act and the Agreement shall take effect notwithstanding anything in any Act and in particular notwithstanding anything in—

S. 4(2)(b)(i) amended by No. 68/2011 s. 6(a).

(i) the Mineral Resources (Sustainable Development) Act 1990;

(ii)

the Forests Act 1958;

S. 4(2)(b)(iii) amended by No. 68/2011 s. 6(b).

(iii)

the Water Act 1989;

S. 4(2)(b)(iv) amended by No. 11/2024 s. 100.

(iv)

the Former SEC (Residual Provisions) Act 1958;

S. 4(2)(b)(v) amended by No. 68/2011 s. 6(c).

(v)

the Local Government Act 1989;

S. 4(2)(b)(vi) substituted by No. 10115 s. 17(a), amended by No. 68/2011 s. 6(d).

(vi)

the Transport (Compliance and Miscellaneous) Act 1983;

(vii)

the Land Act 1958;

(viii)

the Electric Light and Power Act 1958—

or in any proclamation regulation Order in Council lease licence authority permit or agreement under any Act; and every Act proclamation regulation Order in Council lease licence or authority permit or agreement shall by virtue of this Act be deemed to be modified to the extent necessary to give full force and effect to this Act and the Agreement (but not further or otherwise) and shall be read and construed and take effect accordingly.

S. 4A inserted by No. 68/2011 s. 7.

4ARatification of the Amendment Agreement

(1)

The Amendment Agreement is ratified, validated and approved and takes effect.

(2)

The Agreement is amended as provided in the Amendment Agreement.

S. 4B inserted by No. 68/2011 s. 7.

4BApplication of Occupational Health and Safety Act 2004

Despite section 4(2)(b), the Occupational Health and Safety Act 2004 and any regulations made under it apply to all mining operations carried out under the Agreement as if the leased area, the freehold land, the prior land, the purchased land and any other land acquired under section 7A were a mine as defined in section 37 of the Occupational Health and Safety Act 2004.

5Leased area and reserve area to cease to be State forest

Upon the coming into operation of the Agreement the leased area and the reserve area shall cease to be State forest within the meaning of the Forests Act 1958.

6Timber in leased area and reserve area to remain Crown property

All trees and timber within the meaning of the Forests Act 1958 which are at or after the coming into operation of the Agreement in any part of the leased area or of the reserve area not being worked or used in the exercise of rights under the Agreement shall remain and be the property of the Crown and the provisions of section fifty-two of the said Act shall apply in relation to such trees and timber as if they were on Crown land within a protected forest within the meaning of that Act.

S. 7 amended by Nos 10115 s. 17(b), 68/2011 s. 8.

7Enactment of certain provisions of Agreement

The provisions of subclause (5) of clause 18, subclauses (3) and (4) of clause 19, clause 20A, clauses 21, 21A, 21B, 25 and 26 of the Agreement shall have the same force and effect as if enacted in this Act.

S. 7A inserted by No. 68/2011 s. 9.

7APower to authorise compulsory purchase of land

(1)

The Company may apply to the Minister for approval to compulsorily acquire an interest in land for the purposes specified in the Agreement.

(2)

If the Minister approves an application under subsection (1), the Minister must certify his or her approval and submit that certificate to the Governor in Council for approval.

(3)

The certificate must specify the interest in the land proposed to be acquired and the purpose for which it is required.

(4)

If the Governor in Council approves a certificate referred to in subsection (2), the Company may compulsorily acquire the interest in land specified in the certificate for the purposes specified in the certificate.

(5)

The Land Acquisition and Compensation Act 1986 applies to this section as if—

(a)

this section is the special Act; and

(b)

the Company is the Authority.

S. 8 inserted by No. 10115 s. 16, amended by No. 11/2024 s. 101 (ILA s. 39B(1)).

8Easements for transmission of electricity

(1)

The Company has the benefit of all easements, rights or privileges now held or hereafter to be acquired by the State Electricity Commission over or affecting land for or in connexion with or necessary for the operation of the 220 kV 3 phase transmission line to the smelter at Point Henry connecting the Company's Anglesea Power Station to that smelter independent of the State Electricity Commission's supply from the Geelong Terminal Station to that smelter.

S. 8(2) inserted by No. 11/2024 s. 101.

(2)

In this section—

State Electricity Commission means the former SEC.

S. 9 inserted by No. 10115 s. 16.

Mines (Aluminium Agreement) Act 1961

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