Victorian Consolidated Legislation

Mines (Aluminium Agreement) Act 1961 - SECT 10

Agreement deemed to include certain provisions

10. Agreement deemed to include certain provisions

The Agreement shall have effect as if the following Part were inserted after
Part III: "PART IIIA-OBLIGATIONS OF THE STATE
20A. The State shall-

   (a)  not impose nor take nor (insofar as it is competent to do so) permit
        nor authorize any of its agencies or instrumentalities or any local or
        other authority or Minister of the Crown or public statutory
        corporation of the State to take or cause to occur any action or
        combination of actions, including, without limitation, the imposition
        of any taxes, rates or charges of any nature whatsoever, which-

   (i)  has the effect of modifying or subtracting from the Company's rights
        or adding to any of its obligations under this Agreement or any other
        agreement relating to the smelter at Point Henry;

   (ii) is discriminatory to, or has a discriminatory effect on, or is
        directed at the smelter at Point Henry or the Company; or

   (iii) discriminates adversely between the Company and other industrial or
        commercial enterprises in the State in respect of the income, titles,
        property or other assets, products, materials or services used or
        produced by or through the operation of the smelter at Point Henry and
        the disposal of aluminium and waste products produced in the smelter
        or is discriminatory to the aluminium industry or is directed at the
        aluminium industry;
(b) not, without the consent of the Company, resume nor (insofar as it is
competent to do so) suffer nor permit to be resumed, other than for the
purpose of a "public project" as defined in the Public Lands and Works Act
1964 (as amended), any of the works installations plant equipment or other
property for the time being belonging to the Company and the subject of or
used for the purpose of this Agreement where to do so would unduly prejudice
or interfere with the Company's operations hereunder; and

   (c)  make such representations as may be necessary to the Commonwealth with
        respect to, and use its good offices in relation to, the remedy or
        amelioration of or removal by the Commonwealth of any adverse effect
        on the progress or cost of the construction and operation of the
        smelter at Point Henry or on that smelter, the Company, this Agreement
        or any other agreement relating to the smelter resulting from
        Commonwealth Government policies including, without limiting the
        generality of the foregoing, the imposition of import duties, as soon
        as practicable after the occurrence of such effect.".
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