Version No. 001
Shire of Omeo (Tourist Gold Mine) Act 1979
Act No. 9343/1979
Version as at 24 February 2003
table of provisions
SectionPage
1
SectionPage
1.Short title and commencement
2.Definitions
3.Grant to Corporation of exploration licence under Mines Act 1958, Part V
4.Corporation may obtain gold mining lease of Oriental Claims Reserve
5.Power to Corporation to enter into agreements relating to Oriental Claims Reserve
6.Payments by Corporation in respect of gold mining operations
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 001
Shire of Omeo (Tourist Gold Mine) Act 1979
Act No. 9343/1979
Version as at 24 February 2003
An Act to authorize the Granting to the Corporation of the Shire of Omeo of an Exploration Licence and a Gold Mining Lease under the Mines Act 1958 in respect of certain Crown Lands reserved for Public Purposes, to authorize the said Corporation to enter into Agreements in respect of any such Licence or Lease and for other purposes.
1
Act No. 9343/1979
Shire of Omeo (Tourist Gold Mine) Act 1979
Preamble
WHEREAS the Corporation of the Shire of Omeo proposes to join with Tallangalook Proprietary Limited and Ashton Mining No Liability, companies incorporated under the Companies Act 1961, in conducting operations for exploring and mining for gold on land being Crown allotment 5A section B in the Parish of Omeo known as the Oriental Claims Reserve and being land temporarily reserved as a site for public purposes (recreation, tourism and museum) by Order of the Governor in Council made 5 August 1975[1]:
WHEREAS the said Corporation and Tallangalook Proprietary Limited are the holders of an exploration licence issued under Part V of the Mines Act 1958:
WHEREAS the Corporation has no authority under the Local Government Act 1958 to apply for or to hold a licence or lease under the Mines Act 1958 or to enter into any agreement for the conduct of operations for exploring and mining for gold on the Oriental Claims Reserve:
AND WHEREAS it is expedient to make provision—
(a)validating the issue to the Corporation of an exploration licence under Part V of the Mines Act 1958;
(b)authorizing the said Corporation to apply for a gold mining lease under the provisions of the Mines Act 1958 in respect of the Oriental Claims Reserve and authorizing the Governor in Council to issue such a lease;
(c) authorizing the said Corporation to enter into an agreement with Tallangalook Proprietary Limited and Ashton Mining No Liability with respect to the conduct of exploration under the licence and mining under the gold mining lease; and
(d)with respect to such other matters as are necessary for the proper conduct of exploration and mining operations on the Oriental Claims Reserve:
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 and commencement
s. 1
(1)This Act may be cited as the Shire of Omeo (Tourist Gold Mine) Act 1979.
(2)This Act shall come into operation on the day on which it receives the Royal Assent.
2.Definitions
s. 2
In this Act––
"Corporation" means the Corporation of the Shire of Omeo;
"Oriental Claims Reserve" means all that piece of land being Crown allotment 5A section B in the Parish of Omeo and being land deemed under the Crown Land (Reserves) Act 1978 to be temporarily reserved from sale as a site for public purposes (recreation, tourism and museum).
3.Grant to Corporation of exploration licence under Mines Act 1958, Part V
Notwithstanding anything to the contrary in the Local Government Act 1958 or the Crown Land (Reserves) Act 1978 the Corporation shall be deemed always to have been entitled to make application to the Minister for Minerals and Energy in accordance with the provisions of PartV of the Mines Act 1958, either alone or together with any other person, for an exploration licence under that Part to explore for gold the whole or any part of the Oriental Claims Reserve and the Minister for Minerals and Energy shall be deemed always to have had power subject to and in accordance with the provisions of that Part to grant any such application by the Corporation and to issue an exploration licence to the Corporation either alone or together with any other person.
4.Corporation may obtain gold mining lease of Oriental Claims Reserve
For enabling the Corporation to carry out or to join in carrying out mining operations on the Oriental Claims Reserve the Governor in Council in the name and on behalf of Her Majesty may on application made by the Corporation, either alone or together with any other person, grant a lease under section 40 of the Mines Act 1958 to be effectual on or below or both on and below all or any part of the surface of the Oriental Claims Reserve for the purpose of mining on or under the land for gold and such other purposes connected with mining for gold as are specified in section 35 of the Act.
5.Power to Corporation to enter into agreements relating to Oriental Claims Reserve
s. 5
(1)In addition to and without in any way derogating from any of its powers duties and functions under the Local Government Act 1958 the Corporation may, in relation to all or any part of the Oriental Claims Reserve, enter into an agreement with any other person for or with respect to—
(a)the exploration for and the mining of gold;
(b)the circumstances in which the Corporation and any other party to the agreement may make application to the Minister for Minerals and Energy to grant to the Corporation, either alone or together with any other party to the agreement, a licence under Part V of the Mines Act 1958 to explore for gold;
(c)the circumstances in which the Corporation and any other party to the agreement may make application to the Governor in Council to grant a gold mining lease under the Mines Act 1958 to the Corporation either alone or together with any other party;
(d)the disposal by the Corporation and any other party to the agreement of an interest in any licence or lease granted or to be granted under the Mines Act 1958 to the Corporation and that party, including the giving of options to purchase that interest;
(e)the exercise by a party to the agreement on behalf of the Corporation and any other party to the agreement of all or any rights of the Corporation and that other party under any licence or lease granted or to be granted to the Corporation and that other party under the Mines Act 1958;
(f)the payments to be made in respect of the agreement by the parties to the agreement; and
(g)any other matters necessary or expedient to be provided for to give effect to the agreement—
and to do all things necessary to be done for carrying the agreement into effect.
(2)Any such agreement shall indemnify the Corporation against all claims costs and demands against the Corporation arising out of the conduct by the said companies pursuant to such agreement of exploration or mining operations on the Oriental Claims Reserve.
6.Payments by Corporation in respect of gold mining operations
s. 6
(1)The Corporation may with the approval of the Minister administering the Local Government Act 1958 apply moneys out of the municipal fund of the Corporation for or towards any payments to be made by it in respect of a licence granted or to be granted to it under section 3, a lease granted or to be granted to it under section 4 or an agreement entered into under section 5.
(2)The Corporation shall cause an account to be opened in a bank for establishing a fund for the purposes of this Act.
(3)Into the fund established under sub-section (2) there shall be paid any moneys approved under sub-section (1) for payment and any other moneys received by the Corporation with respect to the exploration and mining operations carried out on the Oriental Claims Reserve.
(4) Out of the fund shall be paid any moneys required to be paid by the Corporation with respect to the exploration and mining operations on the Oriental Claims Reserve and any moneys referred to in sub-section (7).
(5) Moneys in the fund established under sub-section (2) shall be accounted for by the Corporation separately from any other moneys of the Corporation but shall be subject to audit in all respects as if they were moneys in the municipal fund of the Corporation.
(6)Where the Corporation is required by a term of an agreement made under section 5 to pay moneys to another party to the agreement, the term shall not be enforceable against the Corporation unless the making of the payment has been approved pursuant to the provisions of sub-section (1).
s. 6
(7)Moneys received by the Corporation in respect of a licence referred to in section 3, a lease referred to in section 4 or an agreement referred to in section 5 shall be applied by the Corporation to the promotion of tourism to the Shire of Omeo and the provision of attractions and facilities for tourists in the municipal district of the Shire of Omeo.
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ENDNOTES
Endnotes
1.General Information
The Shire of Omeo (Tourist Gold Mine) Act 1979 was assented to on 20December 1979 and came into operation on 20 December 1979: section1(2).
2.Table of Amendments
Endnotes
There are no amendments made to the Shire of Omeo (Tourist Gold Mine) Act 1979 by Acts and subordinate instruments.
3.Explanatory Details
Endnotes
1
[1] Preamble: Government Gazette 5 August 1975 page 2947.