Northern Territory Explanatory Statements

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MCARTHUR RIVER PROJECT AMENDMENT (RATIFICATION OF MINING AUTHORITIES) BILL 2007



EXPLANATORY STATEMENT


GENERAL OUTLINE

This Bill amends the McArthur River Project Agreement Ratification Act to address the technicality identified in the decision of the Supreme Court of the Northern Territory in the matter of Lansen and Ors v the Northern Territory Minister of Mines and Energy and Ors delivered on 30 April 2007.

The Bill operates to overcome this technicality by removing the limitation placed by the Court on, and ratifying the operation of, the original authorisation made under the Mining Management Act in 2003 and varied in 2006, together with the approval on 13 October 2006 of a Mining Management Plan for open cut mining at McArthur River.

Additionally, the Bill adds to the existing compensation provisions in section 4B of the principal Act, to include the ratification effected by this Bill in the class of actions for which just terms compensation is payable should an acquisition of property be effected.

NOTES ON CLAUSES

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the McArthur River Project (Ratification of Mining Authorities) Act 2007.

Clause 2. Act Amended.

This clause provides that the Bill when passed will amend the McArthur River Project Agreement Ratification Act.

Clause 3. New section 4AB – Ratification of certain Instruments

This clause inserts a new provision, section 4AB, into the principal Act to provide that the authorisation granted under section 36 of the Mining Management Act in respect of McArthur River Mine, and the approval of a Mining Management Plan for the McArthur River Mine are valid and effective, and operate from the dates on which they were originally made or approved.

The clause includes definitions which define the relevant authorisations and the Mining Management Plan.

Clause 4, Amendment of section 4B (Compensation)

This clause amends existing sections 4B(1) and (2) to include the ratifications effected by section 4AB in the class of actions for which just terms compensation is payable should an acquisition of property be effected. Any existing claims under section 4B are not affected by the amendment.

 

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