South Australian Consolidated Acts South Australian Consolidated ActsSchedule—Application of this Act to the Roxby Downs Joint Venturers
1
This Act applies in relation to operations of the
Joint Venturers carried out or to be carried out pursuant to the Indenture
subject to the modifications set out in this Schedule.
2 An application by the Joint Venturers for a
mining licence must be made to the Minister.
3 The Minister must, in connection with such an
application, consult with the Mines Minister and the Joint Venturers.
4 The Minister must also refer the application to
the Committee and give due consideration to the advice of the Committee.
5 (1) The following
matters may be referred to arbitration by the Minister or the Joint Venturers:
(a) a
question, difference or dispute concerning the conditions proposed to be
included at the time of grant in the mining licence to be granted to the Joint
Venturers;
(b) a
question, difference or dispute concerning a decision of the Minister to
attach a condition to, or vary or revoke a condition of, the mining licence
granted to the Joint Venturers.
(2) A reference to
arbitration under subparagraph (1) is taken to be a reference to
arbitration under clause 49 of the Indenture, and that clause applies, with
such modifications as are necessary, to such a reference.
(3) The Minister must
comply with the decision of the arbitrator on a reference under
subparagraph (1).
(4) No other matter
arising under this Act in relation to operations of the Joint Venturers
carried out or to be carried out pursuant to the Indenture may be referred to
arbitration under the Indenture, but nothing in this Act affects any right to
arbitration under the Indenture or the Roxby Downs
(Indenture Ratification) Act 1982 .
6 (1) The Minister
must, within one month after the Joint Venturers apply for a mining licence,
give notice in writing to the Joint Venturers of the terms of the licence
proposed to be granted and of the conditions proposed to be included in the
licence at the time of grant.
(2) The Minister must
grant a mining licence to the Joint Venturers—
(a)
within two months after the application was made; or
(b) if a
question, difference or dispute concerning the conditions proposed to be
included in the licence at the time of grant is referred within that period to
arbitration but the arbitrator does not make a decision within that period, as
soon as practicable after the arbitrator makes the decision.
7 (1) After
consultation with the Mines Minister and the Joint Venturers, the Minister
may, by notice in writing to the Joint Venturers, attach a condition to, or
vary or revoke a condition of, the mining licence granted to the Joint
Venturers.
(2) At least one month
before the Minister gives a notice under subparagraph (1), the Minister
must give notice in writing to the Joint Venturers of the terms of any
condition proposed to be attached to the mining licence granted to the Joint
Venturers or of any proposed variation or revocation of the conditions of the
licence.
8 A decision of the Minister to attach a condition
to, or vary or revoke a condition of, the mining licence granted to the Joint
Venturers takes effect at the expiration of one month from the date on which
notice is given under paragraph 7(1) or at the expiration of such greater
period as the Minister may determine, but if a question, difference or dispute
concerning the decision is referred within that period to arbitration the
operation of the decision is suspended until the arbitrator makes a decision.
9 The conditions of the mining licence granted to
the Joint Venturers must not be more stringent that the most stringent
requirements and standards contained in any of the codes, standards or
recommendations referred to in clause 10 of the Indenture.
10 The mining licence granted to the Joint
Venturers must not be suspended or cancelled while the Indenture is in force.
12 In subsection (1)(b) of section 36
the reference to conditions attached under that section is to be taken to be a
reference to conditions attached under this Schedule.
13 Sections 24(4), 35, 36(2), 36(3), 40 and
41 do not apply.