Thiess Peabody Coal Pty. Ltd. Agreement Act 1962

An Act with respect to an agreement between the State and Thiess Peabody Coal Pty. Ltd.; and for purposes incidental thereto and consequent thereon

1Short title

This Act may be cited as the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 .

2Execution of agreement authorised

The Premier and Chief Secretary is hereby authorised to make, for and on behalf of the State, with Thiess Peabody Coal Pty. Ltd., a company duly incorporated in the said State and having its registered office at M.L.C. Building, Adelaide and Edward Streets, Brisbane, in the said State (the company) the agreement, a copy of which is set out in the schedule (the agreement).

3Executed 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.

Editor’s note—

The agreement was made on 19 December 1962 (see proc pubd gaz 19 January 1963 p 201).

4Variation of agreement

(1)The agreement may be varied pursuant to agreement between the Minister for the time being administering this Act and the company with the approval of the Governor in Council by order in council and no provision of the agreement shall be varied nor the powers and rights of the company under the agreement be derogated from except in such manner.

(2)Any purported alteration of the agreement not made and approved in such manner shall be void and of no legal effect whatsoever.

(3)Unless and until the Legislative Assembly, pursuant to section 5 (4), disallows by resolution an order in council approving a variation of the agreement made in such manner, the provisions of the agreement making such variation shall have the force of law as though such lastmentioned agreement were an enactment of this Act.

4AApplication of GST to rents after 30 June 2005

(1)This section applies to rent payable after 30 June 2005 under any coal mining lease or special coal mining lease 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 Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 or the railway agreement mentioned in that Act;

(d)the repealed section 11 of the Coal Mining Act 1925 , mentioned in the agreement;

(e)the repealed Mining Act 1968 ;

(f)the Mineral Resources Act 1989 .

(4)A reference in this section to the agreement includes any amendment of the agreement.

s 4A ins 2000 No. 20 s 29 sch 3

4BTermination of cl 18 of agreement

(1)The following are terminated—

(a)clause 18 of the agreement;

(b)any rights the company has under that clause.

(2)No amount, whether by way of compensation, reimbursement or otherwise is payable by the State to the company or any other person for or in connection with the enactment or operation of this section.

(3)This section applies despite any other provision of this Act and any other Act or law.

s 4B ins 2004 No. 25 s 977

5Proclamations 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 or 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)Every such proclamation and order in council shall—

(a)be published in the gazette;

(b)upon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;

(c)be laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session.

(4)If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such proclamation or order in council has been laid before it disallowing such proclamation or order in council or any part thereof, that proclamation or order in council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further proclamation or order in council.

6Declaration for Commonwealth Act

A special coal mining lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

s 6 ins 2010 No. 44 s 154

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.