Version No. 001
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
Version incorporating amendments as at 11 April 2006
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Page
Short title
2
Interpretation
2
Act to bind Crown
2
Ratification etc. and enforcement of Agreement and modification
of Acts etc.
2
Leased area and reserve area to cease to be State forest
3
Timber in leased area and reserve area to remain Crown property 4
Enactment of certain provisions of Agreement
4
Easements for transmission of electricity
4
Public statutory corporation may enter into agreements
5
Agreement deemed to include certain provisions
5
__________________
SCHEDULE—Agreement
7
═══════════════
ENDNOTES
32
1. General Information
32
2. Table of Amendments
33
3. Explanatory Details
34
i
Version No. 001
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
Version incorporating amendments as at 11 April 2006
An Act to ratify validate approve and otherwise give effect to an
Agreement between the Minister of Mines and Alcoa of Australia
Proprietary Limited with respect to the Establishment within the State
of Victoria of Industries for the Production of Aluminium and for the
Manufacture of Goods therefrom and to the Granting of certain
Mineral and other Rights incidental to establishing and carrying on
such Industries and for other Purposes connected therewith.
Preamble
WHEREAS an Agreement with respect to the
establishment in Victoria of the industries of
reducing the ore of aluminium to its basic metal
and of manufacturing alloying and fabricating the
metal so produced into articles of commerce was
made on the twenty-second day of November One
thousand nine hundred and sixty-one between
Honorable Wilfred John Mibus in his capacity as
Minister of Mines for the time being of the State of
Victoria for and on behalf of the State of Victoria
of the one part and Alcoa of Australia Proprietary
Limited a company incorporated under the
provisions of the Companies Act 1958 of the other
part:
AND WHEREAS by the said Agreement it is
provided that the said Agreement shall not be of
any force or effect until it has been validated
approved and otherwise given effect to by an Act
of the Parliament of Victoria:
AND WHEREAS it is expedient to ratify validate
approve and otherwise give effect to the said
Agreement and to make other provision as
hereinafter enacted:
1
Mines (Aluminium Agreement) Act 1961
s. 1
Act No. 6829/1961
BE IT THEREFORE ENACTED by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Legislative Council and the Legislative Assembly of Victoria
in this present Parliament assembled and by the authority of
the same as follows (that is to say):
1. Short title
This Act may be cited as the Mines (Aluminium
Agreement) Act 1961.
2. Interpretation
In this Act unless inconsistent with the context or
subject-matter—
(a) "The Agreement" means the agreement a
copy of which is set out in the Schedule to
this Act and includes the plan which is
annexed to the Agreement as executed and
which is referred to in the said Schedule; and
(b) expressions used in this Act shall have the
meanings respectively assigned to them in
the Agreement.
3. Act to bind Crown
This Act shall bind the Crown.
4. Ratification etc. and enforcement of Agreement and
modification of Acts etc.
(1) The Agreement is hereby ratified validated and
approved and shall be given effect to.
(2) The following provision shall be read as in aid of
and not as in derogation from the provisions of the
last preceding sub-section—
(a) the Minister and all authorities and officers
concerned are hereby empowered to carry
out the Agreement and to enter into such
agreements and give such approvals as are
provided for by it; and
2
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
s. 5
(b) this Act and the Agreement shall take effect
notwithstanding anything in any Act and in
particular notwithstanding anything in—
(i) the Mines Act 1958;
(ii) the Forests Act 1958;
(iii) the Water Act 1958;
(iv) the State Electricity Commission
Act 1958;
(v) the Local Government Act 1958;
(vi) the Transport Act 1983;
(vii) the Land Act 1958;
(viii) the Electric Light and Power Act
1958—
or in any proclamation regulation Order in
Council lease licence authority permit or
agreement under any Act; and every Act
proclamation regulation Order in Council
lease licence or authority permit or
agreement shall by virtue of this Act be
deemed to be modified to the extent
necessary to give full force and effect to this
Act and the Agreement (but not further or
otherwise) and shall be read and construed
and take effect accordingly.
5. Leased area and reserve area to cease to be State
forest
Upon the coming into operation of the Agreement
the leased area and the reserve area shall cease to
be State forest within the meaning of the Forests
Act 1958.
3
S. 4(2)(b)(vi)
substituted by
No. 10115
s. 17(a).
Mines (Aluminium Agreement) Act 1961
s. 6
Act No. 6829/1961
6. Timber in leased area and reserve area to remain
Crown property
All trees and timber within the meaning of the
Forests Act 1958 which are at or after the coming
into operation of the Agreement in any part of the
leased area or of the reserve area not being
worked or used in the exercise of rights under the
Agreement shall remain and be the property of the
Crown and the provisions of section fifty-two of
the said Act shall apply in relation to such trees
and timber as if they were on Crown land within a
protected forest within the meaning of that Act.
S. 7
amended by
No. 10115
s. 17(b).
7. Enactment of certain provisions of Agreement
S. 8
inserted by
No. 10115
s. 16.
8. Easements for transmission of electricity
The provisions of sub-clause (4) of clause 18, subclauses (3) and (4) of clause 19, sub-clause (3) of
clause 20, clause 20A, clauses 21, 23, 25 and 26
of the Agreement shall have the same force and
effect as if enacted in this Act.
The Company has the benefit of all easements,
rights or privileges now held or hereafter to be
acquired by the State Electricity Commission over
or affecting land for or in connexion with or
necessary for the operation of the 220 kV 3 phase
transmission line to the smelter at Point Henry
connecting the Company's Anglesea Power
Station to that smelter independent of the State
Electricity Commission's supply from the Geelong
Terminal Station to that smelter.
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Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
9. Public statutory corporation may enter into
agreements
Where any public statutory corporation has power
to construct pipelines, water mains, sewerage
works, gas mains, powerlines, wharf facilities or
other similar structures and to purchase or acquire
land compulsorily for that purpose or to enter into
contracts for the supply of goods or services any
such corporation may enter into an agreement
with the Company which provides for the
co-operation between the public statutory
corporation and the Company in the construction
of pipelines, water mains, sewerage works, gas
mains, powerlines, wharf facilities or other similar
structures required for their respective purposes or
for the supply of goods or services and the parties
to any such agreement are hereby authorized to do
all things necessary or expedient to carry out any
such agreement and to give or receive indemnities
in any such agreement.
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
5
s. 9
S. 9
inserted by
No. 10115
s. 16.
S. 10
inserted by
No. 10115
s. 16.
Mines (Aluminium Agreement) Act 1961
s. 10
Act No. 6829/1961
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.".
__________________
6
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
SCHEDULE
AGREEMENT
THIS AGREEMENT is made the twenty-second day of November One
thousand nine hundred and sixty-one BETWEEN The Honorable WILFRED
JOHN MIBUS in his capacity as Minister of Mines for the time being of the
State of Victoria for and on behalf of THE STATE OF VICTORIA of the one
part and ALCOA OF AUSTRALIA PROPRIETARY LIMITED a Company
incorporated under the provisions of the Companies Act 1958 of the said
State the registered office of which is situate at 120 William Street
Melbourne in the said State of the other part.
Recitals
WHEREAS:
I.
The Company is desirous of establishing in the State of Victoria
the industries of reducing the ore of aluminium to its basic metal
and of manufacturing alloying and fabricating the metal so
produced into articles of commerce.
II. In view of the large capital expenditure involved in the
establishment of those industries the Company desires to ensure
that certain rights incidental to the establishment and carrying on
of those industries will be assured to it.
III. The State is satisfied that a large capital expenditure is necessary
to establish the said industries satisfactorily and that it is
desirable in the interests of the State that subject to the provisions
hereof the Company should be granted the rights hereinafter
expressed.
NOW IT IS HEREBY AGREED as follows—
PART I—PRELIMINARY
1. Definitions
In this Agreement unless inconsistent with the context or
subject matter—
"the Act" means the Mines Act 1958 of the Parliament of
Victoria;
7
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Mines (Aluminium Agreement) Act 1961
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Act No. 6829/1961
"base index number" means the index number for
Melbourne for the December quarter of the year One
thousand nine hundred and sixty-one shown in the
Consumer Price Index published by the
Commonwealth Statistician;
"Chief Mining Inspector" means the person for the time
being holding the office of Chief Mining Inspector in
the Department of Mines or performing the duties of
that office;
"Company" means the said Alcoa of Australia Proprietary
Limited and includes its assigns;
"current index number" in respect of any year means the
average index number for Melbourne for the whole of
that year as determined by the Commonwealth
Statistician on the basis of the said Consumer Price
Index;
"date of commencement" means the date upon which this
Agreement comes into operation by virtue of the
provisions of clause 5 hereof;
"former forest area" means the parts of the leased area and
the reserve area which are surrounded by a green
verge and marked "A" and "B" respectively on the
plan annexed hereto and contain (subject to survey)
1331 acres more or less;
"leased area" means the land (excluding the prior land the
power station site and the purchased land) within the
boundaries shown on the plan annexed hereto by a red
verge and which together with the power station site
contains (subject to survey) 10,865 acres more or less;
"Minister" means the responsible Minister of the Crown
for the time being administering the Act;
"Power station site" means such part (not exceeding one
hundred acres) of the land within the boundaries
shown on the plan annexed hereto by a red verge as
the Company selects as the site of the power
generating station referred to in clause 15 hereof;
"prior land" means the land coloured purple on the plan
annexed hereto containing (subject to survey) 99 acres
more or less;
8
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
"purchased land" means the land described in subclause (3) of clause 20 hereof;
"regulations" means the regulations for the time being in
force under the Act;
"reserve area" means the land within the boundaries
shown on the plan annexed hereto by a blue verge
containing (subject to survey) 7,500 acres more or
less;
"Secretary" means the person for the time being holding
the office of Secretary for Mines or performing the
duties of that office;
"State" means the State of Victoria;
"term of this Agreement" means the period specified in
clause 6 hereof as extended from time to time
pursuant to clause 7 hereof;
"year" means a period of twelve calendar months
commencing on the date of commencement or an
anniversary thereof.
2. Interpretation
(1) In this Agreement unless inconsistent with the context or
subject-matter references to any Act (including references to
the Mines Act 1958 by use of the expression "the Act")
shall include all amendments and re-enactments thereof for
the time being in force and all supplemental legislation for
the time being in force whether by regulation rule
proclamation or order made or continuing under that Act or
any amendment or re-enactment thereof.
(2) The headings and sidenotes shall not affect the interpretation
of this Agreement.
3. Agreement to be ratified by Act of Parliament
This Agreement shall not be of any force or effect until it
has been ratified validated approved and otherwise given
effect by an Act of the Parliament of Victoria.
9
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Act No. 6829/1961
4. Effect of assignment by Company
If the Company assigns all or any of its rights under this
Agreement the following provisions shall have effect—
(a) the assignee shall by virtue of the assignment and the
Act referred to in the last preceding clause be subject
to the relevant obligations and conditions imposed
upon the Company by this Agreement so far as they
remain in force and capable of taking effect; and
(b) if the Minister so stipulates in giving his consent to
the assignment the Company shall remain responsible
to the State for the performance of all its obligations
under this Agreement as if no assignment had been
made.
PART II—COMMENCEMENT, DURATION, EXTENSION
AND VARIATION OF AGREEMENT
5. Commencement of Agreement
(1) This Agreement shall come into operation upon the first day
of the calendar month following the date upon which the
later of the following events occurs—
(a) the coming into operation of the Act referred to in
Clause 3 hereof;
(b) the completion of the surrender of mineral leases
numbered 7613, 7614, 7618, 7620, 7626, 7627, 7628
and 7629 in the records of the Department of Mines of
the State and the abandonment of mineral lease
applications numbered 7615, 7616, 7617, 7619, 7621,
7622, 7625, 7630, 7655, 7656, 7658, 7667 to 7676
(both inclusive), 7686, 7783, 7792, 7889 to 7897
(both inclusive), 7930, 7931, 7932 and 8023 in the
said records.
(2) The certificate of the Minister as to the date upon which the
surrender and abandonment as aforesaid was completed
shall be conclusive.
6. Duration of Agreement
Subject to the provisions hereof this Agreement shall remain
in force for the period of fifty years from the date of
commencement.
10
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
7. Extension of Agreement
(1) Subject to compliance by the Company with the terms and
conditions of this Agreement the Company shall upon
written application made by it to the Minister not later than
six months prior to the expiration of the period specified in
the last preceding clause be entitled to an extension of that
period for such period not exceeding fifty years as is
specified in its application.
(2) If the Minister so determines an extension pursuant to the
last preceding sub-clause shall be subject to the variation of
the terms and conditions of this Agreement (except clauses
9, 10, 18, 19, 22 to 27 (both inclusive) and sub-clause (2) of
clause 14 hereof) so as to make them consistent with the
covenants (other than labour covenants) conditions and
provisos prescribed by the regulations for leases for the
purpose of mining for coal on Crown land.
(3) If—
(a) the Company not later than nine months prior to the
expiration of the period of any extension pursuant to
sub-clause (1) of this clause makes written application
to the Minister for the further extension of the term of
this Agreement for a period not exceeding fifty years
specified in the application; and
(b) at the date of receipt by the Minister of that
application there is no existing breach or nonobservance by the Company of the terms and
conditions of this Agreement
the Minister shall within six months after the last mentioned
date notify the Company in writing of the terms and
conditions upon which the State is prepared to grant the
further extension sought by the Company.
(4) The Company may within three months after notification by
the Minister pursuant to the last preceding sub-clause accept
by notice in writing given to the Minister the further
extension as aforesaid upon the terms and conditions
expressed in the notification by the Minister and shall
thereupon become entitled to such further extension. In the
event of the Company failing so to accept such further
extension the State shall not within the period of two years
after the expiration of the term of this Agreement grant or
offer to any other person a lease for the purpose of mining
for coal on or in the leased area on terms and conditions
11
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Mines (Aluminium Agreement) Act 1961
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Act No. 6829/1961
more favourable than those expressed in the said notification
by the Minister.
(5) No extension or purported extension pursuant to this clause
shall be of any force or effect unless evidenced by an
instrument executed by the Minister on behalf of the State
specifying the period of extension and any variations of the
provisions hereof determined pursuant to this clause.
8. Variation of Agreement by Minister in certain event
If on or after the expiration of the first nine years or (if
pursuant to clause 15 hereof that period is extended) twelve
years of the term of this Agreement the Company has ceased
or ceases to use coal from the leased area for the generation
of electric power in the power generating station referred to
in clause 15 hereof the Minister at any time thereafter may
by an instrument under his hand vary the provisions of this
Agreement in such manner as he deems expedient in the
interests of the State but so that the Company shall not be in
a less favourable position than if it held leases for the
purpose of mining for coal on the leased area in accordance
with the provisions of the Act.
PART III—RIGHTS AND OBLIGATIONS OF COMPANY
Division A—Coal Rights and Related Matters
9. Exclusive right of Company to coal
(1) During the term of this Agreement the Company shall
subject to the provisions of sub-clauses (2) and (4) of this
clause have—
(a) the exclusive right to search work mine for win carry
away and dispose of for the use and benefit of the
Company all coal on or in the leased area; and
(b) for the purposes aforesaid the rights on the leased
area—
(i) to cut and construct races drains dams
reservoirs roads and tramways, to divert control
and use water and to do any other works
incidental to the method of mining or winning
coal from time to time adopted by the
Company; and
(ii) to erect alter reconstruct remove or destroy
offices buildings dwellings and machinery.
12
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
(2) The rights specified in the last preceding sub-clause shall be
subject to the reservations following—
(a) the reservation to the State and members of the public
of the free right at all times of ingress egress and
regress (with or without vehicles and animals) over
and along the surface of any part of the leased area
not being worked or used for the purposes aforesaid;
and
(b) the reservation to the State and all persons duly
licensed in that behalf of the right to take carry away
and use any sand stone gravel clay or earth or timber
live or dead on in or under any part of the leased area
not being worked or used for the purposes aforesaid.
(3) The following provisions shall apply to and in respect of the
reserve area—
(a) during the first five years of the term of this
Agreement the Company shall carry out on the
reserve area a program of exploratory drilling;
(b) the Company may from time to time within the first
five and one-half years of the said term by written
notice given to the State elect to have the terms and
conditions of this Agreement applied to the reserve
area or portion thereof specified in the notice;
(c) if the Company so elects then as from the
commencement of the next following half-yearly
period of the term of this Agreement the expression
"leased area" herein shall unless inconsistent with the
context or subject-matter include (as the case
requires) the reserve area or portion thereof specified
in the Company's notice of election but so that—
(i) coal won from the reserve area may be sold or
used by the Company for the generation of
electric power or in connexion with the
industries referred to in Recital I hereof but for
no other purpose;
(ii) if coal so won is used for any purpose other
than as specified in the last preceding subparagraph the Minister may at any time
thereafter by an instrument under his hand vary
the provisions of this Agreement so far as it
affects the reserve area in the manner provided
in clause 8 hereof.
13
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(4) The boundaries of the former forest area the leased area the
prior land the purchased land the reserve area and the power
station site shall be as determined by survey to be made as
soon as practicable at the expense of the Company by a
licensed surveyor within the meaning of the Land
Surveyors Act 1958 and the Company shall as soon as
possible deliver to the Secretary a copy of the plan or plans
of survey and field notes thereof. The copy plan or plans so
delivered shall subject to the provisions of clauses 19 and 20
hereof be conclusive evidence of the said boundaries.
10. Rent and royalty
(1) Subject to the succeeding provisions of this clause the
Company shall during the term of this Agreement pay to the
State in each year—
(a) a rent calculated at the rate of two shillings and
sixpence for each acre (and proportionately for part of
an acre) of the leased area;
(b) in respect of each ton of coal (not being unusable or
unsaleable waste coal or rubbish) won from the leased
area and used for the generation of electric power or
in connexion with the industries referred to in
Recital I hereof, a basic royalty at the rate of—
(i) four pence when the total quantity of such coal
won in any year does not exceed one hundred
thousand tons;
(ii) three pence when such total quantity exceeds
one hundred thousand tons;
(c) in respect of each ton of coal as aforesaid won from
the leased area and sold or used by the Company for
any purpose other than as specified in the last
preceding paragraph, a basic royalty of four pence.
(2) The said rent and basic royalties shall be paid by the
Company clear of all deductions whatsoever to the
Accountant to the Department of Mines at Melbourne on
behalf of the State as follows—
(a) as to the rent, by equal half-yearly payments in
advance the first payment to be made on the date of
commencement and succeeding payments on the first
day of each half-yearly period thereafter;
14
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
(b) as to the basic royalties within thirty days after written
demand therefor by or on behalf of the State in respect
of each half-yearly period during the term of this
Agreement.
(3) If the total royalty payable under this clause in respect of
coal won in any year exceeds the amount of the rent paid by
the Company in that year the rent so paid shall be accepted
by the State as part payment of that royalty.
(4) If the current index number for any year exceeds the base
index number then the royalty payable in respect of coal
won during that year shall be calculated at a rate bearing the
same proportion to the appropriate rate of royalty specified
in sub-clause (1) of this clause as the current index number
bears to the base index number.
(5) In the event of the Commonwealth Statistician ceasing to
publish the Consumer Price Index the last preceding subclause shall be modified from time to time by substituting
for the method therein specified of determining increases in
royalty rates such other method as the Government Statist of
the State certifies in writing to be appropriate for
determining those increases in similar manner to the method
so specified.
(6) The difference between the amount of basic royalty paid or
payable in respect of coal won in any year and the amount of
royalty payable by virtue of the provisions of sub-clause (4)
of this clause in respect of that coal shall be paid by the
Company within thirty days after a written demand therefor
by or on behalf of the State has been rendered to the
Company.
(7) Until the survey mentioned in sub-clause (4) of the last
preceding clause has been completed the rent payable under
this clause shall be calculated and paid on the basis of the
areas specified in clause 1 hereof. When the said survey has
been completed any necessary adjustment of rent so paid
shall be made on the next following day fixed for payment
of rent hereunder.
(8) The Company may at any time by instrument under its
common seal surrender to the State its rights under this
Agreement as to the whole or part of the leased area and in
the event of a partial surrender as aforesaid the said rent
shall from the next following day fixed for payment of rent
hereunder be reduced by a sum calculated at the rate of two
shillings and sixpence for each acre (and proportionately for
part of an acre) of land comprised in the partial surrender.
15
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11. Records and information
The Company shall—
(a) keep proper records of the quantities of coal won from
the leased area and of—
(i) the quantities of coal sold by it;
(ii) the quantities of coal used for the purpose of
generating electricity;
(iii) the quantities of coal used for other purposes—
and shall permit the Minister or any person authorized
by him in writing to inspect those records at all
reasonable times and to take copies thereof or extracts
therefrom;
(b) from time to time when requested so to do by the
Minister supply him with such information relating to
the mining operations of the Company in or on the
leased area as he may reasonably require;
(c) furnish to the Secretary within fourteen days after the
end of each period of three months during the term of
this Agreement a return verified by a director or the
secretary of the Company showing in respect of that
period particulars of the matters specified in
paragraph (a) of this clause.
Division B—Mining Operations and Related Matters
12. Manner of operations
(1) The Company shall—
(a) carry out its operations on the leased area in a safe
skilful and workmanlike manner;
(b) permit an Inspector of Mines or any other person
authorized by the Minister free access at all
reasonable times to the place where coal won from the
leased area is kept or stored and to inspect examine
measure or weigh the coal and to determine what
quantity or proportion thereof is usable or marketable
coal;
16
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
(c) before commencing to sink any shaft on the leased
area or to use any shaft already sunk thereon deposit
with the Secretary such sum as the Minister may fix
by way of guarantee that before any such shaft is
abandoned it will be securely covered to the
satisfaction of the Chief Mining Inspector;
(d) securely cover as aforesaid any such shaft before
abandoning it;
(e) during the term of this Agreement effectually drain
the parts of the leased area from time to time being
worked by the Company and pump out all water
likely to cause injury thereto or which would prevent
or interfere with the working thereof;
(f) make such provision for the disposal of the silt sludge
detritus dirt waste or refuse of or from the Company's
works on the leased area so that the same will not
flow or find its way into any water channel leading
into or from the storage works of any public body or
so as to injure or interfere with any land set apart for
water supply purposes or become an actionable
nuisance or obstruction to any roads ways rivers
creeks or private or Crown lands;
(g) during the term of this Agreement but subject to the
provisions of clause 25 hereof pay to the owner
occupier or lessee from the Crown of any adjoining
land such compensation in respect of any damage
sustained by him by reason of the Company's
operations on in or under the leased area as may be
agreed upon by the Company with such owner
occupier or lessee or with the Minister or failing any
such agreement as may be determined by arbitration
under the provisions hereof;
(h) at all times during the operation of this Agreement
keep and preserve the Company's works as aforesaid
in good repair and condition and at the expiration or
sooner determination of the term of this Agreement
deliver up peaceable possession of the leased area to
some person authorized to receive possession thereof
on behalf of the State;
17
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(i) permit any person authorized by the Minister with all
proper assistants at all reasonable times during the
term of this Agreement to enter into and upon every
part of the Company's works as aforesaid and to
survey and examine the state and condition thereof
and for the purpose aforesaid to descend all pits and
shafts and to use all roads equipment labour and other
things in or on the works or in or on any adjacent land
held in connexion therewith which shall be deemed
necessary by the person so authorized without making
any compensation therefor but so that in so doing no
unnecessary interference with the Company's
operations shall be caused;
(j) in carrying out its operations on the leased area,
comply with all statutory provisions applicable thereto
except to the extent those provisions may be modified
or excluded by this Agreement or the Act referred to
in clause 3 hereof.
(2) If the Company fails to carry out any work necessary to
comply with the provisions of paragraph (d) of the last
preceding sub-clause the Minister may cause that work to be
done and the cost thereof paid out of the sum referred to in
paragraph (c) of that sub-clause.
13. Hydraulic mining
The Company shall not—
(a) except in accordance with conditions fixed by the
Minister (not being more onerous than the conditions
prescribed by the regulations for leases for the
purpose of mining for minerals by means of hydraulic
sluicing or of any method of dredging) and with the
approval of the Sludge Abatement Board appointed
pursuant to the Act, work any portion of the leased
area by means of hydraulic mining;
(b) in working the leased area do or permit to be done any
wilful negligent or improper act whereby an undue
proportion of unusable or unsaleable waste coal may
be produced therefrom;
(c) use or occupy or permit the leased area to be used or
occupied for any purpose other than the exercise of
the rights herein granted or for the pasturage of stock
of or as garden ground for employees of the
Company;
18
Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
(d) close or obstruct any adit to or from any mine
contiguous to the leased area whereby fresh air is
admitted or ventilation promoted;
(e) without the prior written consent of the Minister
assign mortgage charge or encumber its rights under
this Agreement in respect of the leased area or sublet
or part with possession of the leased area or any part
thereof.
14. Company may be ordered to execute works
(1) The Chief Mining Inspector or any other officer authorized
by the Minister may order that any of the galleries drives
air-ways passages water-ways or adits used in connexion
with the working of the leased area shall be stowed and may
from time to time by order in writing direct that such
engineering or other works whether of masonry or otherwise
be constructed and erected as in his opinion are required for
the support of the surface of the leased area or any land
adjacent thereto or as a precaution against any contingent
damage to any road specified in the order formed on the
leased area or immediately adjacent thereto and the
Company shall upon receipt of the order forthwith execute
at its cost to the satisfaction of the Chief Mining Inspector or
such other officer all works so specified.
(2) The Company shall from time to time carry out on the
leased area such works for the purpose of rehabilitating any
part thereof as may be agreed upon by the Company and the
Minister or failing agreement as may be determined as
reasonable by arbitration pursuant to clause 27 hereof, but
so that the Company shall not be obliged to rehabilitate a
part of the leased area until it has fully exercised its rights
under this Agreement in respect of that part.
Division C—Obligations of Company as to Expenditure
15. Expenditure during first nine years
(1) During the first nine years of the term of this Agreement the
Company shall expend—
(a) in each of those years in improvements on the leased
area and in carrying on exploratory and mining
operations on the leased area a sum which having
regard to the total sum expended in previous years
will produce an average annual expenditure from time
to time of not less than fifty thousand pounds;
19
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Mines (Aluminium Agreement) Act 1961
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(b) a total sum not less than six million pounds in the
development of and purchase of equipment for the
leased area and in the construction and equipment of
an electric power generating station and other
improvements on the power station site.
(2) The Company shall within sixty days after the expiration of
each of the said nine years deliver to the Secretary a
balance-sheet or statement certified as correct by the
Company's auditors and showing in respect of the last
preceding year of the term of this Agreement the sums
expended for the purposes specified in the last preceding
sub-clause.
(3) If in the event of the Company failing to expend the sum
specified in paragraph (b) of sub-clause (1) of this clause for
the purposes and within the period specified in that subclause the Company establishes to the satisfaction of the
Minister that there is reasonable expectation that the said
sum will have been expended for those purposes on or
before the expiration of the first twelve years of the said
term the period so specified shall be extended accordingly.
(4) If the Company fails to expend the sum specified in
paragraph (b) of sub-clause (1) of this clause for the
purposes therein specified within the first nine years or
(if the case so requires) twelve years of the said term the
Minister may at any time thereafter determine this
Agreement subject to his having given to the Company at
least six months' written notice in that behalf.
(5) If this Agreement is determined pursuant to the last
preceding sub-clause the Company shall during the period
of six months after the date of determination have the first
right to apply in accordance with the Act for leases for the
purpose of mining for coal on the leased area.
Division D—Other Obligations and Rights
16. Notice of operations affecting former forest area
(1) The Company shall from time to time (until the expiration
of twenty-five years from the date of commencement or
until the Forests Commission has given to it written notice
that the rights conferred by the next succeeding sub-clause
are no longer required, whichever first occurs) give to the
State at least twelve months' prior written notice of its
intention to commence operations upon any part of the
former forest area (other than the part thereof marked "A"
on the plan annexed hereto) and of the sites comprising
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Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
approximately thirty-five acres and twenty acres
respectively of two sample plots of pine trees within the
leased area which sites have been indicated to the Company
by the said Commission, which part shall be specified in the
notice.
(2) The Forests Commission or any person authorized by it in
writing may at any time while the Company is bound by the
provisions of the last preceding sub-clause but in any event
before the Company commences operations upon any part
of the former forest area or of the sites of the said sample
plots cut and remove therefrom any timber or other forest
produce.
17. Roads
(1) If any work proposed by the Company is likely to result in
the severance or injury of any road (whether a public
highway or not) or part thereof formed or constructed on the
leased area the Company shall give notice to that effect to
the municipal or other authority responsible for the care and
management of the road or if there is no such authority to
the Minister.
(2) Such authority or the Minister (as the case may be) shall
within two months after receipt of the said notice notify the
Company whether or not it or he requires the Company to
construct an alternative road in lieu of the road or part
thereof likely to be severed or injured and if so required the
Company at its expense shall construct the alternative road
to a standard equivalent to that of the road or part thereof it
is intended to replace and in such location as such authority
or the Minister may reasonably require.
(3) The Company shall not commence the work proposed as
aforesaid until it has complied with the provisions of the last
preceding sub-clause.
18. Water supply works
(1) Except with the prior written consent of the State Rivers and
Water Supply Commission (in this clause called "the Water
Commission") the Company shall not carry out within fifty
feet of the pipeline lying in the easterly portion of the leased
area and which is vested in the Water Commission any
mining operations or other operations likely to cause
damage to that pipeline.
21
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(2) The Water Commission in order to facilitate the Company's
operations shall as soon as practicable after being requested
by the Company in writing so to do remove the said pipeline
or portion thereof to another location approved by the Water
Commission.
(3) The Company shall pay to the Water Commission the cost
of—
(a) removal of the said pipeline or portion thereof upon
request of the Company as aforesaid;
(b) removal of the said pipeline or portion thereof where
such removal is effected by the Water Commission in
consequence of operations of the Company which
although not requiring the consent of the Water
Commission under sub-clause (1) of this clause
endanger or are in the opinion of the Water
Commission likely to endanger the said pipeline.
(4) The Company shall have the rights for the purposes of this
Agreement—
(a) to construct maintain and operate such works as may
be approved by the Water Commission in or on the
bed or banks or both bed and banks of the Anglesea
River;
(b) to carry out such diversions of any river stream creek
or watercourse or of any lake lagoon swamp or marsh
within the meaning of the Water Act 1958 situate
within the leased area the power station site the prior
land and the purchased land as may be approved by
the Water Commission.
19. Electricity Commission Works
(1) Nothing contained in this Agreement shall entitle the
Company to do anything which may cause damage to any
works of the State Electricity Commission of Victoria (in
this clause called "the Electricity Commission") existing on
or over the leased area or to exercise any of its rights
hereunder on or under the site of those works but the
Electricity Commission may upon such terms as it deems fit
agree with the Company to remove those works from the
leased area or to another site within the leased area.
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Act No. 6829/1961
(2) Nothing contained in this Agreement shall preclude an
agreement between the Electricity Commission and the
Company with the approval of the Minister in respect of—
(a) exploratory boring (in addition to that specified
herein) of the leased area and the reserve area with a
view to providing coal for the power generation
requirements of the State;
(b) the development jointly or otherwise by the
Electricity Commission and the Company of open
cuts on the leased area necessary to meet those
requirements;
(c) co-operation generally between the Electricity
Commission and the Company in the generation of
power from the coal reserves in the leased area.
(3) In respect of the generation and distribution of electricity by
the Company from the power generating station aforesaid
and of the smelting and fabrication of aluminium and the
operation of ancillary services by the Company the
Company shall have the rights—
(a) to erect construct operate and maintain on the power
station site the said electric power generating station
and ancillary services;
(b) to erect construct and maintain on in or over the
leased area the power station site the prior land and
the purchased land all such equipment as may be
necessary for the distribution of electricity from the
said power station;
(c) subject to the provisions of Section 26 of the State
Electricity Commission Act 1958, to compulsorily
purchase take or use such land easement right or
privilege in over or affecting any land as may be
necessary for the erection ownership operation and
maintenance of the electricity transmission line from
the leased area the power station site the prior land
and the purchased land or any one or more of them to
the aluminium smelting and fabricating plant of the
Company at Point Henry hereinafter mentioned;
23
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(d) subject to the provisions of the Land Act 1958 and to
the approval by the Surveyor-General of the State of
the plan of survey of the power station site, to a grant
in fee simple of the power station site upon payment
of such sum as may be agreed upon by the Company
and the State;
(e) to erect construct maintain and operate on the lands of
the Company at Point Henry an aluminium smelting
and fabricating plant and ancillary services.
(4) Notwithstanding anything contained in this Agreement or in
the Electric Light and Power Act 1958 the State
Electricity Commission Act 1958 the Land Act 1958 or
any other Act of the Parliament of Victoria or regulations
thereunder the rights conferred by paragraphs (a) and (b) of
the last preceding sub-clause hereof shall continue for such
period (not being less than the term of this Agreement) and
upon such terms and conditions and subject to such
provisions (excluding section forty-five of the Electric
Light and Power Act 1958) of the said Acts and
regulations as are prescribed by Order of the Governor in
Council.
20. Land occupied under licence from Forests Commission
(1) The rights and powers of the Company under this
Agreement shall be subject to the subsisting rights of any
person or body occupying any part of the former forest area
under licence issued by the Forests Commission.
(2) In respect of each of the camps conducted on the former
forest area by the National Fitness Council of Victoria and
the Presbyterian Fellowship of Australia the Company shall
bear the cost of—
(a) establishing the improvements on the site of the camp
or improvements equivalent thereto upon an
alternative site approved by the body conducting the
camp and (in the case of the camp conducted by the
National Fitness Council of Victoria) by the Forests
Commission;
(b) placing such alternative site in equivalent condition to
the existing site of the camp and (unless already
existing thereon) providing it with facilities and
services equivalent to those available at the existing
site.
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Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
(3) Subject to the provisions of the Land Act 1958 and to
approval by the Surveyor-General aforesaid of the plan of
survey of the land described in this sub-clause the Company
shall upon payment of the sum of £25,000 to the State
within ninety days after the Forests Commission has given
notice to the Company that it has vacated the land so
described (which it shall do during the first year of the term
of this Agreement) be entitled to a grant in fee simple of
those pieces of land in the parish of Jan Juc county of Grant
containing thirty-six acres and twenty-five perches more or
less the boundaries of which are (subject to survey) as
follow—
(a) commencing at the north-western angle of
Allotment 4 section 1 township of Anglesea bounded
thence by a road bearing 24 degrees 38 minutes
1075 links thence by a line bearing 90 degrees
2742·9 links thence by the Great Ocean-road bearing
193 degrees 8 minutes 1003·4 links and thence by a
road and the northern boundary of the said
Allotment 4 bearing 270 degrees 2963 links to the
point of commencement;
(b) commencing at a point bearing 45 degrees 10 minutes
82 links and 24 degrees 38 minutes 262·5 links from
the south-eastern angle of Allotment 64C parish of
Jan Juc bounded thence by lines bearing 270 degrees
599·5 links 0 degrees 1367 links and 126 degrees
57 minutes 1141·1 links and thence by a road bearing
204 degrees 38 minutes 749·5 links to the point of
commencement.
PART IV—APPLICATION OF MINES ACT 1958
21. Application of Act
(1) The Act so far as it is not inconsistent herewith shall with
such adaptations as are necessary apply to this Agreement
and the operations of the Company on the leased area as if
this Agreement were a mineral lease granted under the
provisions of the Act and the Company were the registered
proprietor thereof.
25
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(2) Without affecting the generality of the last preceding subclause—
(a) section fifty of the Act shall so far as applicable bind
the Company and its officers but shall be read and
construed as if the expression "half-year" therein
meant the appropriate half of any period of one year
commencing on the date of commencement or an
anniversary thereof and the provisions of that section
had been modified accordingly;
(b) sections twenty-three, forty-seven, forty-eight,
forty-nine, fifty-one to fifty-eight (both inclusive),
sixty, sixty-one, sixty-two, seventy-nine, eighty, three
hundred and twelve, three hundred and twenty-one,
three hundred and twenty-four, three hundred and
thirty-one, four hundred and fifty-two and four
hundred and fifty-three of the Act shall not apply to
this Agreement.
PART V—OTHER PROVISIONS AS TO COMPANY'S
RIGHTS AND OPERATIONS
Division A—Mining and Other Operations
22. Mining on Company's land
(1) If the Company—
(a) at any time after the date of commencement gives to
the Minister written notice of its intention to carry out
mining operations on or in the power station site and
the purchased land or any part thereof; and
(b) has then obtained or is entitled under the provisions
hereof to a grant in fee simple of the land specified in
the notice—
then as from the commencement of the next following
half-yearly period of the term of this Agreement the
expression "leased area" herein shall unless inconsistent
with the context or subject-matter (but subject always to the
provisions of the two next succeeding sub-clauses) include
the land specified in the notice.
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(2) For the purposes of the last preceding sub-clause the
following provisions of this Agreement shall not apply to
any land specified in a notice given pursuant to that
sub-clause, that is to say—
(a) sub-clause (2) of clause 9;
(b) insofar as the land so specified lies above a depth of
fifty feet below the surface, paragraph (h) of
sub-clause (1) of clause 12;
(c) sub-clause (2) of clause 14;
(d) clause 15.
(3) Nothing in this clause shall derogate from the rights of the
Company as owner of any land or shall affect any operations
(other than mining operations) of the Company thereon.
23. Use of sea water etc.
The Company may with the approval of and subject to such
conditions as may be fixed by the responsible Minister of
the Crown for the time being administering the Marine Act
1958—
(a) without charge draw water from the sea in the vicinity
of the Anglesea River for any of its operations on the
power station site or the leased area;
(b) return to the sea any water so drawn which has been
used for cooling purposes only; and
(c) construct such works and use such portion of the sea
bed as may reasonably be required for the purposes
mentioned in the two last preceding paragraphs.
Division B—Restriction of Rights
24. Restriction of rights in respect of Anglesea River etc.
Notwithstanding anything herein contained the Company
shall not be entitled—
(a) to fence or otherwise enclose any part of the boundary
of the leased area which coincides with or abuts on
the left bank of the Anglesea River;
27
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(b) to obtain a grant in fee simple of or to exercise any
rights (other than under clause 18 hereof) hereunder
on or in any part of—
(i) the bed or banks of the Anglesea River; or
(ii) any land abutting on the Anglesea River which
is now reserved for public purposes under the
provisions of the Land Act 1958.
Division C—Further Provision as to Operations of the Company
25. Obligations of Company as to operation etc. of works
The Company in constructing equipping and operating its
works on the leased area the power station site the prior land
the purchased land and its land at Point Henry shall—
(a) comply with accepted modern practice for the
construction equipment and operation of works of a
like nature;
(b) comply with any Act applicable to the construction
equipment or operation of those works; and
(c) endeavour to avoid so far as is reasonable and
practicable the creation of any nuisance—
and if the Company does so it shall not be liable for any
nuisance which is not due to negligence on its part—
Provided that the Company shall have the onus of proving
that is has complied with paragraphs (a), (b) and (c) of this
clause and that it has not been negligent.
PART VI—OTHER PROVISIONS AFFECTING OPERATION
OF AGREEMENT
Division A—Determination of Company's Rights
26. Determination of Agreement
(1) If at any time the Company enters into liquidation (other
than a voluntary liquidation for the purpose of
reconstruction and assignment of rights under this
Agreement) the Minister may determine this Agreement.
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Act No. 6829/1961
(2) If—
(a) the Company at any time fails to comply with the
terms and conditions (other than clause 15) of this
Agreement; and
(b) the Minister having given to the Company at least six
months' written notice requiring it to remedy that
failure either wholly or so far as it is possible to do so
within the period of the notice, the Company does not
comply with the notice—
the Minister may apply to a judge of the Court in chambers
for a summons calling upon the Company to show cause
why this Agreement should not be determined.
(3) Upon the hearing of any summons issued under the last
preceding sub-clause the following provisions shall apply—
(a) unless the Court considers that the failure aforesaid
was due to mistake or to circumstances beyond the
control of the Company or that there was otherwise a
reasonable cause therefor and that the State has not
been and will not be materially prejudiced by that
failure, the Court may by order authorize the Minister
to determine this Agreement and thereupon the
Minister may determine it accordingly;
(b) evidence may be given by affidavit or if the Court so
directs may be given orally or partly by affidavit and
partly orally;
(c) subject to the last preceding paragraph the procedure
shall be as the Court may direct;
(d) the Court may make such order as to costs as it deems
just.
(4) In the last preceding sub-clause "Court" means the
Supreme Court of the State of Victoria or a Judge thereof.
(5) The provisions of sub-clause (2) of this clause shall not
affect any other right or remedy which the State may have in
respect of any breach or non-observance by the Company of
the terms and conditions of this Agreement.
29
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Division B—Supplemental
27. Disputes
In the event of any dispute between the parties hereto in
relation to or in respect of any matter arising under or out of
this Agreement (other than a dispute as to any matter
referred to in the last preceding clause) either party may give
to the other written notice requiring the dispute to be
submitted to arbitration within the period of thirty days
thereafter unless meanwhile the dispute shall have been
settled. In the event of the dispute not being settled within
that period it shall forthwith be referred to arbitration in
accordance with the Arbitration Act 1958.
28.
(1) Any notice order demand or other writing authorized or
required by this Agreement to be given or sent shall be
sufficiently given or sent by—
(a) the State if signed by the Minister or the Secretary or
an officer of the Department of Mines acting by
direction of the Minister and forwarded by prepaid
post to the Company at its registered office in Victoria
or at the leased area;
(b) the Company if signed by a director or the secretary
of the Company and forwarded by prepaid post to the
Minister at the principal office of the Department of
Mines.
(2) Any such notice order demand or writing so forwarded shall
be deemed to have been given or sent on the day on which it
would be delivered in the ordinary course of post.
IN WITNESS whereof the parties hereto have executed this Agreement the
day and year first before written.
Signed Sealed and Delivered by the said
WILFRED JOHN MIBUS in the presence of
(Sgd.) R. W. TERRY
The Common Seal of ALCOA OF AUSTRALIA
PROPRIETARY LIMITED was hereto
affixed by authority of the Directors in the
presence of
(Sgd.) J. CHESTER GUEST, Director.
(Sgd.) B. G. BRETT, Secretary.
30

 (Sgd.) W. J. MIBUS

(Seal).









(Seal.)
Mines (Aluminium Agreement) Act 1961
Sch.
Act No. 6829/1961
A map is annexed to the Agreement and endorsed as follows:
"This is the plan referred to in the annexed Agreement made the
twenty-second day of November, 1961, between the Honorable Wilfred
John Mibus for and on behalf of the State of Victoria of the one part and
Alcoa of Australia Proprietary Limited of the other part.
Signed by the said WILFRED JOHN MIBUS
in the presence of:
(Sgd.) R. W. TERRY
The Common Seal of ALCOA OF AUSTRALIA
PROPRIETARY LIMITED was hereto
affixed by authority of the Directors in the
presence of:
(Sgd.) J. CHESTER GUEST, Director.
(Sgd.) B. G. BRETT, Secretary."




(Sgd.) W. J.
MIBUS.








(Seal.)
═══════════════
31
Mines (Aluminium Agreement) Act 1961
Endnotes
Act No. 6829/1961
ENDNOTES
1. General Information
The Mines (Aluminium Agreement) Act 1961 was assented to on
12 December 1961 and came into operation on 12 December 1961.
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Mines (Aluminium Agreement) Act 1961
Act No. 6829/1961
2. Table of Amendments
This Version incorporates amendments made to the Mines (Aluminium
Agreement) Act 1961 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Alcoa (Portland Aluminium Smelter) (Amendment) Act 1984, No. 10115/1984
Assent Date:
30.10.84
Commencement Date:
Ss 16, 17 on 30.10.84: s. 2(1)
Current State:
This information related only to the provision/s
amending the Mines (Aluminium Agreement) Act
1961
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
33
Endnotes
Mines (Aluminium Agreement) Act 1961
Endnotes
Act No. 6829/1961
3. Explanatory Details
No entries at date of publication.
34