Townsville Zinc Refinery Act 1996

An Act to facilitate the establishment of a zinc refinery at Townsville

1Short title

This Act may be cited as the Townsville Zinc Refinery Act 1996.

2Proclamation

This Act commences on a day to be fixed by proclamation.

3Objects of Act

The objects of this Act are—

(a)to ensure particular land at Townsville is appropriately zoned under the planning scheme applying to the land to enable a zinc refinery to be established on it; and

(b)to provide for dealings in land necessary for the refinery’s establishment; and

(c)to ensure land of cultural heritage significance is protected.

4Definitions

In this Act—

column 1 purposes means the purposes mentioned in the planning scheme, section 13.2, table of development, column 1, for the particular development zone.

column 3 purposes means the purposes mentioned in the planning scheme, section 13.2, table of development, column 3, for the particular development zone.

council means the Council of the City of Townsville.

particular development zone means the particular development zone in the planning scheme.

planning Act means the Local Government (Planning and Environment) Act 1990.

planning scheme means the planning scheme that, under the planning Act, is the planning scheme for the City of Townsville.

site means lot 132 on EP1524 County of Elphinstone, Parish of Beor and the area of the closed roads passing through that lot, but does not include the land shown on the plan in schedule 2.

surrendered land means land surrendered under section 5.

the company means Sun Metals Corporation Pty Ltd (ACN 074 241 982), its successors in title and permitted assigns.

9Continuation of certain interests

(1)This section applies to lot 132 on EP1524 County of Elphinstone, Parish of Beor (the land).

(2)Despite the surrender of the land, the Commonwealth’s lease of the part of the land described in registered lease number 601952348 continues in force until it expires or otherwise ends.

(3)Also, easement number 701448617 over the land continues to have effect despite the surrender.

12Site zoned for refinery

(1)The site is included in the particular development zone.

(2)For the site—

(a)the column 1 purposes are taken to include the purposes stated in schedule 3, part 1; and

(b)the column 3 purposes are taken to include the purposes stated in schedule 3, part 2.

13Effect of zoning under this Act

(1)This section is enacted to avoid any doubt about the matters dealt with in it.

(2)For the planning Act, section 12 is taken to operate as an amendment of the planning scheme under the planning Act.

(3)This Act does not prevent—

(a)the council or an owner of the site from taking action under the planning Act to change its zoning; or

(b)a person from making an application a person may otherwise make under the planning Act in relation to the site or a part of the site.

(4)Despite any changes to the planning scheme, development of the site for the purposes included in—

(a)schedule 3, part 1—remains lawful; and

(b)schedule 3, part 2—remains development that may be carried out with the council’s consent.

(5)The council and the department may do anything necessary or convenient to be done to carry out or give effect to this Act.

Example for subsection (5)—

The zoning of the rezoned site under this Act may be noted on the planning scheme maps.

14Expiry

Sections 5 to 8, 10 and 11 expire 1 year after this section commences.

section 6

section 7

section 12

Refinery for the production of zinc, including the following ancillary uses—

•smelting, refining or alloying zinc, ores or semi-processed ores containing zinc (including reclaiming metals from scrap)

•manufacture and sale of slag products, metal sulphates, metal oxides, metal chlorides, zinc powder, acids, gases, steam and other industrial chemicals that are by-products of the production of refined zinc

•recycling and reprocessing the products, by-products and waste from the production of refined zinc

•power generation predominantly for zinc smelting and refining operations

•hot-dip galvanising, sherardising, casting, electroplating, electrostatic coating with metals or similar processes.

Refinery for the production of non-ferrous metals other than zinc, including the following—

•smelting, refining or alloying metals, ores or semi-processed ores (including reclaiming metals from scrap)

•manufacture and sale of slag products, metal sulphates, metal oxides, metal chlorides, zinc powder, acids, gases, steam and other industrial chemicals

•recycling and reprocessing the products, by-products and waste from the production of refined metals

•power generation predominantly for smelting and refining operations

•hot-dip galvanising, sherardising, casting, electroplating, electrostatic coating with metals or similar processes.