Goldamere Pty Ltd (Agreement) Act 1996
An Act to provide for the approval and ratification of an Agreement with respect to mining and mineral processing operations at Savage River and Port Latta and for related matters
[Royal Assent 16 December 1996]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Goldamere Pty Ltd (Agreement) Act 1996 .
This Act commences on the day on which it receives the Royal Assent.
(1) In this Act –Agreement means the Agreement made between the Crown in right of the State of Tasmania and Goldamere Pty Ltd (ACN 073 634 581), trading as Australian Bulk Minerals, and Ivanhoe Capital Pte Ltd, a copy of which is set out in Schedule 1 ;law of the State means an Act of the Parliament of the State and any subsidiary legislation made under any such Act.(2) If a word or expression used in this Act is defined in the Agreement, that word or expression has, unless the contrary intention appears in this Act, the same meaning in this Act as in the Agreement.
4. Ratification, approval and effect of Agreement
(1) The Agreement is ratified and approved.(2) The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act.
The Crown by its relevant Ministers and Agencies is authorised, empowered and required –(a) to do all things as may be necessary to implement and enforce the Agreement; and(b) to exercise the powers, rights and discretions conferred on them respectively under the Agreement; and(c) to discharge all obligations imposed on them under the Agreement.
6. Modification of laws of the State
The provisions of any law of the State are modified, so far as may be necessary, to give full effect to the Agreement and are, except where the contrary intention appears in the Agreement, to be construed subject to any such modification.
The Agreement may be enforced only by or on behalf of the State, an Indemnified Person or another party to it or a successor or assign of another party.
8. Application of Environmental Legislation, &c., to ABM Project
[Section 8 Amended by No. 33 of 2023, s. 15, Applied:27 Nov 2023] The EMPCA, the Land Use Planning and Approvals Act 1993 , the Tasmanian Civil and Administrative Tribunal Act 2020 and any other Environmental Legislation is to apply and to be applied to the Project on the basis that–(a) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations; and(b) ABM is not responsible, and is not to be held responsible, for any contamination, pollutant or pollution on, above, beneath or emanating from the Leased Land which is or has been caused or introduced to the Leased Land on or after the commencement of the Agreement by PMI or the Crown or any person performing work for PMI or the Crown; and(c) a term, condition or restriction imposed in any Authorisation given to ABM in relation to the Project must not require ABM to meet measurable environmental standards in respect of water quality, soil contamination or any other criterion which may be affected by contamination or pollution caused or introduced to the Leased Land before the commencement of the Agreement, but should impose management requirements which are based on the principles in paragraph (a) , Best Practice Environmental Management and the principles in clause 5 of the Agreement .
An Indemnified Person is not liable in respect of any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations.
10. Certain action, &c., may not be taken
(1) No action may be taken, or claim or demand made, against an Indemnified Person in respect of any contamination, pollutant or pollution on, beneath or emanating from the Leased Land which has been caused or introduced to the Leased Land by Past Operations.(2) Subject to section 9 , nothing in subsection (1) prevents any action being taken or claim or demand being made against an Indemnified Person for any negligence or wilful misconduct by that person which has aggravated or extended the effect of any contamination, pollutant or pollution referred to in subsection (1) .
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for State Development; and(b) the Department responsible to the Minister for State Development in relation to the administration of this Act is Tasmania Development and Resources.
SCHEDULE 1 - Agreement
