Queensland Nickel Agreement Act 1970

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 Execution of agreement authorised . . . . . . . . . . . . . . . . . . . . . . . 3

3 Executed agreement to have force of law . . . . . . . . . . . . . . . . . . 3

4 Change of agreement by further agreement . . . . . . . . . . . . . . . . 4

5 Application of GST to rents after 30 June 2005 . . . . . . . . . . . . . 4

6 Proclamations and orders in council . . . . . . . . . . . . . . . . . . . . . . 5

6A Declaration for Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 5

7 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

8 Changed references for Corporations Act . . . . . . . . . . . . . . . . . . 6 Schedule .................................................. 7 Queensland Nickel Agreement Act 1970 [s 1] Queensland Nickel Agreement Act 1970 An Act with respect to an agreement between the State of the one part and Metals Exploration Queensland Pty. Ltd. and Freeport Queensland Nickel, Incorporated of the other part and for purposes incidental thereto and consequent thereon

1 Short title This Act may be cited as the Queensland Nickel Agreement Act 1970.

2 Execution of agreement authorised The Premier is hereby authorised to make, for and on behalf of the State, with Metals Exploration Queensland Pty. Ltd., a company incorporated in the State and having its registered office at the offices of Spry Walker & Co., 127 Eagle Street, Brisbane, in the said State and Freeport Queensland Nickel, Incorporated, a company incorporated in the State of Delaware in the United States of America and registered as a foreign company in the State and having its registered office at the offices of Tullwil Agencies Pty. Ltd., 316 Adelaide Street, Brisbane in the said State (herein with their and each of their successors and permitted assigns called the “companies”) the agreement, a copy of which is set out in the schedule (the “agreement”).

3 Executed agreement to have force of law (1) Upon the making of the agreement the provisions thereof shall have the force of law as though the agreement were an enactment of this Act. (2) The Governor in Council shall by proclamation notify the date of the making of the agreement. Current as at 30 January 2012 Page 3 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 [s 4] Editor’s note— The proclamation was published in the gazette on 16 January 1971 at p 120.

4 Change of agreement by further agreement (1) The agreement may be changed by a further agreement between the Minister and the companies. (2) The Minister may make a further agreement only if the proposed further agreement has been approved by regulation. (3) The Minister must notify the date of the making of the further agreement by gazette notice.

5 Application of GST to rents after 30 June 2005 (1) This section applies to rent payable after 30 June 2005 under— (a) this Act; or (b) the agreement; or (c) a lease granted under, or mentioned in, the agreement. (2) If the rent is for a supply for which GST is payable, the rent payable is the total of— (a) the rent that would have been payable if the rent were not for a supply for which GST is payable; and (b) 10% of the rent that would have been payable if the rent were not for a supply for which GST is payable. (3) Subsection (2) applies despite the following— (a) sections 2 to 4; (b) the agreement; (c) the repealed Greenvale Agreement Act Amendment Act 1974; (d) the repealed Greenvale Agreement Act Amendment Act 1975; Page 4 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 [s 6] (e) the Queensland Nickel Agreement Act 1988 or the agreement mentioned in section 9 of that Act; Editor’s note— Queensland Nickel Agreement Act 1988, section 9 (Authority to make agreement) (f) the Mineral Resources Act 1989. (4) A reference in this section to the agreement includes any amendment of the agreement.

6 Proclamations and orders in council (1) Any proclamation or order in council provided for in this Act or in the agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such proclamations and orders in council not inconsistent with the agreement as the Governor in Council shall think necessary or expedient to provide for, enable and regulate the carrying out of the provisions of the agreement or any of them. (2) Any such proclamation or order in council may be revoked or altered by another proclamation or order in council which is not inconsistent with the agreement. (3) The Acts Interpretation Act 1954, section 28A applies to every such proclamation or order in council as if each such instrument were a regulation.

6A Declaration for Commonwealth Act A special mineral lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

7 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) For the purposes of subsection (1), a mention in the agreement of an order in council is taken to be a mention of a regulation. Current as at 30 January 2012 Page 5 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 [s 8]

8 Changed references for Corporations Act (1) A reference in the agreement to a related company of the Companies or any of them within the meaning of The Companies Act 1961 to 1964 is a reference to a related body corporate, under the Corporations Act, of the Companies or any of them. (2) Any other reference in the agreement to the Companies Act is to be read as a reference to the Corporations Act. Page 6 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Schedule section 2 Editor’s note— Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time. Current as at 30 January 2012 Page 7 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 8 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 9 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 10 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 11 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 12 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 13 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 14 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 15 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 16 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 17 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 18 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 19 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 20 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 21 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 22 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 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Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 56 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 57 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 58 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 59 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 60 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 61 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 62 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 63 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 64 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 65 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 66 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Current as at 30 January 2012 Page 67 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Schedule Page 68 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Queensland Nickel Agreement Act 1970 Endnotes

1 Index to endnotes 2 Key 3 Table of reprints 4 List of legislation

5 List of legislation for variation of agreement (see Act section 4) 6 List of annotations

2 Key Key to abbreviations in list of legislation and annotations Key Explanation Key Explanation AIA = Acts Interpretation Act (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised version d num = numbered s = section Current as at 30 January 2012 Page 69 Queensland Nickel Agreement Act 1970 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2012 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnu = unnumbered m prev = previous

3 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003 9601 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint Amendments to Effective Reprint date No. 1 1993 Act No. 76 14 December 1993 11 July 1996 Page 70 Current as at 30 January 2012 Queensland Nickel Agreement Act 1970 Endnotes Reprint Amendments Effective Notes No. included 2 2000 Act No. 20 30 January 2012

2002 Act No. 15

2010 Act No. 44

4 List of legislation Queensland Nickel Agreement Act 1970 No. 33 (prev Greenvale Agreement Act 1970) date of assent 16 December 1970 commenced on date of assent agr made 17 December 1970 (see proc pubd gaz 16 January 1971 p 120) amending legislation— Greenvale Agreement Act Amendment Act 1971 No. 19 date of assent 19 April 1971 commenced on date of assent Greenvale Agreement Act Amendment Act 1974 No. 50 date of assent 23 September 1974 commenced 24 September 1974 (proc pubd gaz 24 September 1974 p 311) Greenvale Agreement Act Amendment Act 1975 No. 28 date of assent 28 August 1975 commenced on date of assent Queensland Nickel Agreement Act 1988 No. 92 pts 1–2 date of assent 1 December 1988 ss 1–2 commenced on the date of assent remaining provisions commenced 14 December 1988 (proc pubd gaz 10 December 1988 p 1690) Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 1 date of assent 14 December 1993 commenced on date of assent GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) Transport Legislation Amendment Act 2002 No. 15 ss 1, 2(2), pt 4 date of assent 17 May 2002 ss 1–2 commenced on date of assent remaining provisions commenced 24 June 2002 (2002 SL No. 140) Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 34 date of assent 14 October 2010 Current as at 30 January 2012 Page 71 Queensland Nickel Agreement Act 1970 Endnotes ss 1–2 commenced on date of assent remaining provisions commenced 30 January 2012 (2011 SL No. 262)

5 List of legislation for variation of agreement (see Act section 4) orders in council published gazette—

6 November 1971 p 1078—(as amd by o in c pubd gaz 13 November 1971 p 1182) agr made 11 November 1971

12 March 1974 pp 1015–7 (om 1974 No. 50 s 6 (as from 12 March 1974 (see s 6))) Greenvale Agreement Act Amendment Act 1974 No. 50 date of assent 23 September 1974 agr made 25 September 1974 Greenvale Agreement Act Amendment Act 1975 No. 28 date of assent 28 August 1975 agr made 29 August 1975 Queensland Nickel Agreement Act 1988 No. 92 pt 2 date of assent 1 December 1988 pt 2 commenced 14 December 1988 (see proc pubd gaz 10 December 1988 p 1690) agr made 14 December 1988 order in council published gazette—

24 June 1989 pp 1812–3 agr made 28 June 1989 Queensland Nickel Agreement Order 1992 SL No. 180 pubd gaz 26 June 1992 pp 1932–1941 commenced on date of publication agr made 30 June 1992 Queensland Nickel Agreement Order (No. 2) 1992 SL No. 280 notfd gaz 11 September 1992 pp 102–3 commenced on date of notification agr made 17 September 1992 Queensland Nickel Agreement Variation Regulation 1995 SL No. 26 notfd gaz 17 February 1995 commenced on date of notification

6 List of annotations Short title s 1 amd 1988 No. 92 s 4(1) Page 72 Current as at 30 January 2012 Queensland Nickel Agreement Act 1970 Endnotes Change of agreement by further agreement s 4 amd 1974 No. 50 s 3; 1988 No. 92 s 6 sub 1993 No. 76 s 3 sch 1 Application of GST to rents after 30 June 2005 s 5 prev s 5 amd 1971 No. 19 s 2; 1974 No. 50 s 4; 1975 No. 28 s 2 om 1988 No. 92 s 7(1) pres s 5 ins 2000 No. 20 s 29 sch 3 Proclamations and orders in council s 6 amd 1988 No. 92 s 8 Declaration for Commonwealth Act s 6A ins 2010 No. 44 s 148 Regulation-making power s 7 ins 1993 No. 76 s 3 sch 1 Changed references for Corporations Act s 8 ins 2002 No. 15 s 21 © State of Queensland 2017 Current as at 30 January 2012 Page 73