Version No. 001
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
Version incorporating amendments as at 11 April 2006
table of provisions
Section Page
ii
Section Page
1. Short title 2
2. Interpretation 2
3. Act to bind Crown 2
4. Ratification etc. and enforcement of Agreement and modification of Acts etc. 2
5. Leased area and reserve area to cease to be State forest 3
6. Timber in leased area and reserve area to remain Crown property 4
7. Enactment of certain provisions of Agreement 4
8. Easements for transmission of electricity 4
9. Public statutory corporation may enter into agreements 5
10. Agreement deemed to include certain provisions 5
______
SCHEDULE—Agreement 7
═══════════════
ENDNOTES 32
1. General Information 32
2. Table of Amendments 33
3. Explanatory Details 34
ii
Version No. 001
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
Version incorporating amendments as at 11 April 2006
An Act to ratify validate approve and otherwise give effect to an Agreement between the Minister of Mines and Alcoa of Australia Proprietary Limited with respect to the Establishment within the State of Victoria of Industries for the Production of Aluminium and for the Manufacture of Goods therefrom and to the Granting of certain Mineral and other Rights incidental to establishing and carrying on such Industries and for other Purposes connected therewith.
34
Act No. 6829/1961
Mines (Aluminium Agreement) Act 1961
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):
1. Short title
This Act may be cited as the Mines (Aluminium Agreement) Act 1961.
2. Interpretation
In this Act unless inconsistent with the context or subject-matter—
(a) "The Agreement" means the agreement a copy of which is set out in the Schedule to this Act and includes the plan which is annexed to the Agreement as executed and which is referred to in the said Schedule; and
(b) expressions used in this Act shall have the meanings respectively assigned to them in the Agreement.
3. Act to bind Crown
This Act shall bind the Crown.
s. 1
4. Ratification 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 sub-section—
(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—
(i) the Mines Act 1958;
(ii) the Forests Act 1958;
(iii) the Water Act 1958;
(iv) the State Electricity Commission Act1958;
(v) the Local Government Act 1958;
S. 4(2)(b)(vi) substituted by No. 10115 s.17(a).
(vi) the Transport 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.
5. Leased area and reserve area to cease to be State forest
s. 5
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.
6. Timber in leased area and reserve area to remain Crown property
s. 6
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 amendedby No. 10115 s.17(b).
7. Enactment of certain provisions of Agreement
The provisions of sub-clause (4) of clause 18, sub-clauses (3) and (4) of clause 19, sub-clause (3) of clause 20, clause 20A, clauses 21, 23, 25 and 26 of the Agreement shall have the same force and effect as if enacted in this Act.
S. 8 insertedby No.10115 s.16.
8. Easements for transmission of electricity
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. 9 insertedby No.10115 s.16.
9. Public statutory corporation may enter into agreements
s. 9
Where any public statutory corporation has power to construct pipelines, water mains, sewerage works, gas mains, powerlines, wharf facilities or other similar structures and to purchase or acquire land compulsorily for that purpose or to enter into contracts for the supply of goods or services any such corporation may enter into an agreement with the Company which provides for the cooperation between the public statutory corporation and the Company in the construction of pipelines, water mains, sewerage works, gas mains, powerlines, wharf facilities or other similar structures required for their respective purposes or for the supply of goods or services and the parties to any such agreement are hereby authorized to do all things necessary or expedient to carry out any such agreement and to give or receive indemnities in any such agreement.
S. 10 insertedby No.10115 s.16.
10. Agreement deemed to include certain provisions
The Agreement shall have effect as if the following Part were inserted after Part III:
"Part IIIA—Obligations of the State
20A. The State shall—
(a) not impose nor take nor (insofar as it is competent to do so) permit nor authorize any of its agencies or instrumentalities or any local or other authority or Minister of the Crown or public statutory corporation of the State to take or cause to occur any action or combination of actions, including, without limitation, the imposition of any taxes, rates or charges of any nature whatsoever, which—
(i) has the effect of modifying or subtracting from the Company's rights or adding to any of its obligations under this Agreement or any other agreement relating to the smelter at Point Henry;
(ii) is discriminatory to, or has a discriminatory effect on, or is directed at the smelter at Point Henry or the Company; or
(iii) discriminates adversely between the Company and other industrial or commercial enterprises in the State in respect of the income, titles, property or other assets, products, materials or services used or produced by or through the operation of the smelter at Point Henry and the disposal of aluminium and waste products produced in the smelter or is discriminatory to the aluminium industry or is directed at the aluminium industry;
(b) not, without the consent of the Company, resume nor (insofar as it is competent to do so) suffer nor permit to be resumed, other than for the purpose of a "public project" as defined in the Public Lands and Works Act 1964 (as amended), any of the works installations plant equipment or other property for the time being belonging to the Company and the subject of or used for the purpose of this Agreement where to do so would unduly prejudice or interfere with the Company's operations hereunder; and
s. 10
(c) make such representations as may be necessary to the Commonwealth with respect to, and use its good offices in relation to, the remedy or amelioration of or removal by the Commonwealth of any adverse effect on the progress or cost of the construction and operation of the smelter at Point Henry or on that smelter, the Company, this Agreement or any other agreement relating to the smelter resulting from Commonwealth Government policies including, without limiting the generality of the foregoing, the imposition of import duties, as soon as practicable after the occurrence of such effect.".
______
SCHEDULE
Sch.
Agreement
THIS AGREEMENT is made the twenty-second day of November One thousand nine hundred and sixty-one BETWEEN The 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 said State the registered office of which is situate at 120 William Street Melbourne in the said State of the other part.
Recitals
WHEREAS:
I. The Company is desirous of establishing in the State of Victoria 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.
II. In view of the large capital expenditure involved in the establishment of those industries the Company desires to ensure that certain rights incidental to the establishment and carrying on of those industries will be assured to it.
III. The State is satisfied that a large capital expenditure is necessary to establish the said industries satisfactorily and that it is desirable in the interests of the State that subject to the provisions hereof the Company should be granted the rights hereinafter expressed.
Now it is hereby agreed as follows—
Part I—Preliminary
1. Definitions
In this Agreement unless inconsistent with the context or subject matter—
"the Act" means the Mines Act 1958 of the Parliament of Victoria;
"base index number" means the index number for Melbourne for the December quarter of the year One thousand nine hundred and sixty-one shown in the Consumer Price Index published by the Commonwealth Statistician;
"Chief Mining Inspector" means the person for the time being holding the office of Chief Mining Inspector in the Department of Mines or performing the duties of that office;
Sch.
"Company" means the said Alcoa of Australia Proprietary Limited and includes its assigns;
"current index number" in respect of any year means the average index number for Melbourne for the whole of that year as determined by the Commonwealth Statistician on the basis of the said Consumer Price Index;
"date of commencement" means the date upon which this Agreement comes into operation by virtue of the provisions of clause 5 hereof;
"former forest area" means the parts of the leased area and the reserve area which are surrounded by a green verge and marked "A" and "B" respectively on the plan annexed hereto and contain (subject to survey) 1331 acres more or less;
"leased area" means the land (excluding the prior land the power station site and the purchased land) within the boundaries shown on the plan annexed hereto by a red verge and which together with the power station site contains (subject to survey) 10,865 acres more or less;
"Minister" means the responsible Minister of the Crown for the time being administering the Act;
"Power station site" means such part (not exceeding one hundred acres) of the land within the boundaries shown on the plan annexed hereto by a red verge as the Company selects as the site of the power generating station referred to in clause 15 hereof;
"prior land" means the land coloured purple on the plan annexed hereto containing (subject to survey) 99 acres more or less;
"purchased land" means the land described in sub-clause(3) of clause 20 hereof;
"regulations" means the regulations for the time being in force under the Act;
"reserve area" means the land within the boundaries shown on the plan annexed hereto by a blue verge containing (subject to survey) 7,500 acres more or less;
Sch.
"Secretary" means the person for the time being holding the office of Secretary for Mines or performing the duties of that office;
"State" means the State of Victoria;
"term of this Agreement" means the period specified in clause 6 hereof as extended from time to time pursuant to clause 7 hereof;
"year" means a period of twelve calendar months commencing on the date of commencement or an anniversary thereof.
2. Interpretation
(1) In this Agreement unless inconsistent with the context or subject-matter references to any Act (including references to the Mines Act 1958 by use of the expression "the Act") shall include all amendments and re-enactments thereof for the time being in force and all supplemental legislation for the time being in force whether by regulation rule proclamation or order made or continuing under that Act or any amendment or re-enactment thereof.