240 }lINING (GOVE PENINSULA NABALOO AGREEMENT) ORDINANOE 1968 No. 15 of 1968 An Ordinance to approve an Agreement between the Commonwealth of Australia and N abalco Pty Limited and for purposes connected with that Agreement [Reserved 1 May, 1968] [Assented to 16 May, 1968]* BE it ordained by the Legislative Council for the Northern Territory of Australia, in pursuance of the powers conferred by the Northern Territory (A dministration)· Act 1910- 1967, as follows:- Short title 1. This Ordinance may be cited as the Mining (Gove Pen- insula Nabalco Agreement) Ordinance 1968. Commencement 2. This Ordinance shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. t Definitions 3. In this Ordinance, unless the contrary intention appears- . "statute" means an Ordinance or State Act of the State of South Australia in force ·as a law of the Territory and includes regulations, rules and by-laws made under an Ordinance or such a State Act; "the Agreement" means the Agreement made on the twenty-second day of February, 1968, between the Com- monwealth and the Company, being the agreement set out in the Schedule to this Ordinance; "the Company" has the· meaning defined in the definition of "the Company" in clause 1 of the Agreement. Approval of .4. The Agreement is approved. Agreement Minister and 5.-( 1.) The Minister and the Administrator shall exercise Administrator to exercise powers their powers under the laws of the Territory in relation to the consistently with Asreement Company consistently with the provisions of the Agreement. (2.) Without limiting the generality of the last preceding sub-section, the Minister and the Administrator shall exercise their powers under the laws of the Territory in relation to- (a) the special mineral lease as defined in clause 1 of the Agreement; and • Notified in the Northern Territory Government Gazette dated 22 May, ·1968. t The date fixed was 29 May, 1968 (see Northern Territory Government Gazette No. 24 of 29 May 1968, page 133). ' Mining (Gove Peninsula Nabalco [1968, No. 15 241 Agreement) Ordinance 1968 (b) all leases, licences, easements and other titles to be granted to the Company pursuant to sub-clause (2.) to (6.) inclusive of clause 4 of the Agree- ment, consistently with the provisions of the Agreement. 6.-( 1.) The Minister may grant to the Company such Powers of leases and the Commonwealth may grant to the Company such Minister and Commonwealth in licences, easements and other titles as are required to be granted relation to to the Company for the purpose of giving effect to clause 4 of the leases, &c. Agreement. (2.) Any lease (including any special mineral lease), licence, easement or other title granted pursuant to this section has effect according to its terms. (3.) If the Minister grants a special mineral lease pursuant to this section he may- (a) vary it for the purpose of giving effect to clause 4 or 6 of the Agreement; or (b) renew it for the purpose of fulfilling the covenant in clause 2 of the form of lease in the First Schedule to the Agreement. ( 4.) If the Minister grants a special purposes lease pursuant to this section, he may renew it for the purpose of giving effect to clause 4 of the Agreement. (5.) If the Commonwealth grants a licence, easement or other title pursuant to this seotion it may renew it for the purpose of giving effect to clause 4 of the Agreement. (6.) Where- (a) a special mineral lease is varied or renewed pursuant to this section; or (b) a special purposes lease, licence, easement or other title is renewed pursuant to this section, it has effect according to its terms as so varied or renewed. 7.-(1.) Neither a mortgage or charge, being a mortgage Provisions concerning or mortgages and charge- charges under (a) in a form commonly known as a floating charge; clause 16 of (b) consented to by the Minister pursuant to clause 16 Agreement of the Agreement; and (c) given by the Company over a lease, licence, ease- or other title granted under or pursuant to ment the Agreement, nor a transfer or assignment in exercise of any power of sale con- tained in such a mortgage or charge shall require any approval or consent other than such consent as may be necessary under clause 16 of the Agreement. (2.) A mortgage or charge of a kind referred to in the last preceding sub-section shall not be rendered ineffectual as an equitable charge- 1968, No. 15] Mining (Gove Peninsula Nabalco 242 Agreement) Ordinance 1968 (a) hy the absence of any approval or consent otherwise than as required by clause 16 of the Agreement; or (b) because the mortgage or charge is not registered under any provision of the Ordinance under whioh the lease, licence, easement or other title over which it is given is granted. Leases, &c., 8. No lease, sub-lease, licence, easement or other title under Agreement not to be subject granted or assigned under or pursuant to the Agreement shall to or capable of be- partition, &c. (a) subject to or capable of partition, whether by agree- ment or by decree or order of any court of com- petent jurisdiction or otherwise; or (b) subject Ita the making of an order for sale under the Partition Act, 1881, of the State of SOli th Aus- tralia in its application to the Territory. Necessary power 9.-( 1.) A specified person has, by reason of this section, conferred on such power as is necessary to be conferred on him in order to Commonwealth Minister and enable him to do an act or thing which- Administrator (a) he is, under the Agreement or a lease, required or permitted to do; and (b) it is necessary for him to do in order to give effect to the Agreement or a lease according to its terms. (2.) In this section- "lease" means a special mineral lease or special purposes lease granted pursuant to the Agreement; "specified person" means, in relation to the doing of an act or thing, a person, being the Commonwealth, the Minister or the Administrator, specified in the Agreement or a lease as the person who shall or will or may do that act or thing. Enforcement' 10.-(1.) If the Company, having been granted a special of bond mineral lease such as is provided for in sub-clause (1.) of clause 4 of the Agreement and having entered into a bond does not ob- serve and carry out the provisions on its part to be observed and carried out of sub-clauses (4.) and (5.) of clause 5 of the 'Agree- ment, the Company shall, whether or not the special mineral lease has been forfeited or surrendered, be liable to pay to the Commonwealth the sum in which the Company acknowledges itself in the bond to be bound, and that sum is a debt due to the Commonwealth and may be recovered by action in any court of competent jurisdiction. (2.) H- (a) the Company has entered into a bond and, in accordance with the Agreement, has assigned the whole or any part of its rights under the Agree- Mining (Gave Peninsula Nabalca [1968, No. 15 243 Agreement) Ordinance 1968 ment (including its right to or as the holder of any lease, licence, easement or other title) ; (b) the assignee has entered into a bond in substitution for the bond entered into by the Company, con- ditioned however to be void in case the assignee shall observe and carry out the provisions on the part of the Company to be observed and carried out of sub-clauses (4.) and (5.) of clause 5 of the Agreement; and (c) the assignee does not observe and carry out those provisions, the assignee shall, whether or not the special mineral lease has been forfeited or surrendered, be liable to pay to the Common- wealth the sum in which the .assignee acknowledges itself in the bond to be bound, and that sum is a debt due to the Common- wealth and may be recovered by action in any court of competent jurisdiction. (3. ) In and for the purposes of any proceeding to recover the sum referred to in sub-section 0.) or (2.) of this section- (a) that sum shall be deemed to be a genuine pre- estimate of the damage suffered and recoverable by the Commonwealth in respect of any failure or omission on the 'Part of the Company or the assignee such as is referred to in sub-section (1.) or (2.) of this section; Cb) it shall not be competent for the defence to plead- (i) that the damage so suffered and recoverable was less than that sum; or (ii) that the sum or any amount of it is a penalty or penal damages; and (c) evidence proving or tending to prove any of the mat- ters set out in sub-paragraphs (i) and (ii) of the last preceding paragraph shall not be led or admitted. ' ( 4.) In this section, "bond" means a bond such as is set out in the Third Schedule to the Agreement. 11. Subject to this Ordinance and the provl·sion" of the 1\ r . Agreement- u or~~~':{gD Ordinances and (a) the provisions of the Mining Ordinance 1939-1967 regulations and regulations made under that Ordinance apply to and in relation to a special mineral lease granted pursuant to the Agreement as if it were a special mineral lease granted under that Ordin- ance; (b) the provisions of the Special Purposes Leases Ordin- ance 1953-1965 and regulations made under that Ordinance apply to and in relation to a special purposes lease granted pursuant to the Agreement 1968, No. 15] Mining (Gove Peninsula Nabalco 244 Agreement) Ordinance 1968 as if it were a special purposes lease granted under that Ordinance; and (c) the provisions of any applicable law other than this Ordinance apply to and in relation to any other lease or any licence, easement or other title granted pursuant to the Agreement as if that other lease or that licence, easement or other title were granted under that applicable law. This Ordinance 12. This Ordinance prevails over any inconsistent statute or to prevail over rule or practice of law or equity. inconsistent statute, &c. THE SCHEDULB THIS AGREEMENT is made the Twenty-second day of February, One thousand nine hundred and sixty-eight, BETWEEN THE COMMONWEALTH OF AUS- TRALIA (in this agreement called "the Commonwealth") of the one part and NABALCO PTY. LIMITED, a company incorporated in the State of New South Wales whose registered office is situated at Goldfields House, 1 Alfred Street, Sydney in that State, (in this agreement called ''the Company") of the other part. WHEREAS- (1) deposits of bauxite are known to exist in the Gove Peninsula of the Northern Territory; (2) The Company desires- (a) to test the exter.t of the said deposits; (b) to develop the mining property 'and to bring the said deposits into production; (c) to produce bauxite and alumina within the Territory; (d) ,to eJqlort alumina; and (e) if found economically feasible, te produce aluminium within the Territory and to have the right to export the same; (3) the Company is prepared to provide and expend the large capital amount required for these and associated purposes; (4) the Commonwealth is satisfied that a large capital eJqlenditure is necessary to ensure that the said bauxite deposits are efficiently and economically developed for a long period and that it is in the interests of the COI"J- monwealth that those bauxite deposits should be developed and that the Company is technically and financially capable of so developing those deposits; 'and (5) it is desirlible that in consideration of the Company entering into the obligations on its part contained in this agreement, the Company should be granted the rights, titles and privileges set out in this agreement to enable the Company to develop the mining property: NOW THIS AGREEMENT WITNESSETH as follows:- Definitions 1.-(1.) In this agreement, unless the contrary intention appears- "Australian company" means- (1) it member company of the group of companies referred to .in sub