Queensland TOWNSVILLE ZINC REFINERY BILL 1996 Queensland oh TOWNSVILLE ZINC REFINERY BILL TABLE OF PROVISIONS Section Page 1 Short title 2.2... eee eee 4 2 Proclamation ......... 0... eee eee 4 3 Objects of Act 2... cette eens 4 4 Definitions 2.0... 0... cece eee eee 4 5 Surrender of land ... 2.0.2... 6c cece cece ete 5 6 Roads closed... 2... ecient ett aees 5 7 Protection of land under Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987...................000. 5 8 Amalgamation and grant of land ........... 00.0. c eee eee eee ee 6 9 Continuation of certain interests ............. 60600 c eee 6 10 Recording of interests in land... 1.0.60... 0.0 c cece ee eee eee eee 7 11 Exemption from fees and charges... 2.2.6... 0.0.0 cee e eee e eects 7 12 Site zoned for refinery ..... 0... eee 7 13 Effect of zoning under this Act... 2.2.6.6... cece cece ee 7 14 EXPY 2. ete teen eens 8 SCHEDULE 1 ........................ 9 ROADS CLOSED SCHEDULE 2 ........................ 10 LAND PROTECTED AS PART OF QUEENSLAND ESTATE SCHEDULE 3 ........................ 11 PURPOSES FOR PARTICULAR DEVELOPMENT ZONE A BILL FOR An Act to facilitate the establishment of a zinc refinery at Townsville sl 4 s4 Townsville Zinc Refinery The Parliament of Queensland enacts— Short title 1. This Act may be cited as the Townsville Zinc Refinery Act 1996. Proclamation 2. This Act commences on a day to be fixed by proclamation. Objects of Act 3. The objects of this Act are— (a) to ensure particular land at Townsville is appropriately zoned under the planning scheme applying to the land to enable a zinc refinery to be established on it; and (b) to provide for dealings in land necessary for the refinery's establishment; and (c) to ensure land of cultural heritage significance is protected. Definitions 4. n this Act— "column 1 purposes" means the purposes mentioned in the planning scheme, section 13.2, table of development, column 1, for the particular development zone. "column 3 purposes" means the purposes mentioned in the planning scheme, section 13.2, table of development, column 3, for the particular development zone. "council" means the Council of the City of Townsville. "particular development zone" means the particular development zone in the planning scheme. 15 172024 s5 5 s7 Townsville Zinc Refinery "planning Act" means the Local Government (Planning and Environment) Act 1990. "planning scheme" means the planning scheme that, under the planning Act, is the planning scheme for the City of Townsville. "site" means lot 132 on EP1524 County of Elphinstone, Parish of Beor and the area of the closed roads passing through that lot, but does not include the land shown on the plan in schedule 2. "surrendered land" means land surrendered under section 5. "the company" means Sun Metals Corporation Pty Ltd (ACN 074 241 982), its successors in title and permitted assigns. Surrender of land 5.(1) The company is taken to have surrendered to the State the following land in the County of Elphinstone, Parish of Beor— (a) lot 132 on EP1524; (b) lot 25 on EPS; (c) lot 3 on E124232. (2) Compensation is not payable to the company because of the surrender of the land. Roads closed 6.(1) The roads shown hatched on the plan in schedule | are closed. (2) An undefined reserve of 3.845 ha for road purposes excluded from lot 132 on EP1524 County of Elphinstone, Parish of Beor in the deed of grant of the land is revoked. Protection of land under Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 7.(1) The purpose of this section is to protect the land shown on the plan in schedule 2 because the land is of cultural heritage significance to Aboriginal people. SCO MDM NDN FW NH 13 1518 20 2225 27 s8 6 s9 Townsville Zinc Refinery (2) The land may be acquired by private agreement between the State and the company. (3) On purchase, the land is taken to have been acquired by purchase under the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987, section 26 for the preservation of Landscapes Queensland. (4) The land vests in the State. Amalgamation and grant of land 8.(1) The following areas of land in the Parish of Elphinstone, County of Beor are amalgamated— (a) lot 132 on EP1524 (other than land shown on the plan in schedule 2); (b) lot 25 on EPS; (c) lot 3 on E124232; (d) the closed roads shown hatched on the plan in schedule 1. (2) The amalgamated area is granted to the company in fee simple. (3) To give effect to this section, the company must lodge in the land registry a plan of survey and any other document necessary for registration of the company's interest in the amalgamated area. Continuation of certain interests 9.(1) This section applies to lot 132 on EP1524 County of Elphinstone, Parish of Beor (the "land"). (2) Despite the surrender of the land, the Commonwealth's lease of the part of the land described in registered lease number 601952348 continues in force until it expires or otherwise ends. (3) Also, easement number 701448617 over the land continues to have effect despite the surrender. ~ HNwn pW Ne 12 1416 1822 2427 s10 7 $13 Townsville Zinc Refinery Recording of interests in land 10.(1) The registrar of titles or anyone else required or permitted to record particulars necessary to identify interests in land must, on the written request of the company, record the particulars necessary to give effect to this Act. (2) If a written request is made under subsection (1), production of the instrument of title to the land concerned is not required when the request is made, and the registrar of titles or other person is authorised to make any necessary entries on the instrument of title when it is next produced to the registrar or other person. Exemption from fees and charges 11. No fee or charge under an Act, and no duty under the Stamp Act 1894, is payable by the company for anything done under this Act. Site zoned for refinery 12.(1) The site is included in the particular development zone. (2) For the site— (a) the column | purposes are taken to include the purposes stated in schedule 3, part 1; and (b) the column 3 purposes are taken to include the purposes stated in schedule 3, part 2. Effect of zoning under this Act 13.(1) This section is enacted to avoid any doubt about the matters dealt with in it. (2) For the planning Act, section 12 is taken to operate as an amendment of the planning scheme under the planning Act. (3) This Act does not prevent— (a) the council or an owner of the site from taking action under the planning Act to change its zoning; or (b) a person from making an application a person may otherwise SCO MAND UEWHN e 13 1518 20 23 25 28 s14 8 s14 Townsville Zinc Refinery make under the planning Act in relation to the site or a part of the site. (4) Despite any changes to the planning scheme, development of the site for the purposes included in— (a) schedule 3, part 1—remains lawful; and (b) schedule 3, part 2—remains development that may be carried out with the council's consent. (5) The council and the department may do anything necessary or convenient to be done to carry out or give effect to this Act. Example for subsection (5)— The zoning of the rezoned site under this Act may be noted on the planning scheme maps. Expiry 14. Sections 5 to 8, 10 and 11 expire 1 year after this section commences. CO ID HW Bw NY 15 Townsville Zinc Refinery SCHEDULE 1 ROADS CLOSED fee Ey a eT Paty es dtd is aed In WG Pee er section 6 ee pee oe pee ae or ae ee a a ee Sooo ¥ ab 107 Mee RO ER aE what ag ha A" g55079 33 01 sored 20 Foor "rk Townsville Zinc Refinery SCHEDULE 2 LAND PROTECTED AS PART OF QUEENSLAND ESTATE section 7 V9/2969 ON 43N HS9I/960 *°N SIO 2-S-2S69 ON Gor oooort - 3720S AG2 10d mol, Nov) rig PUL WLO) "Yd ILLOW ONY Y3IZVEE ue ZEl 10d £00,022 PSE LbOF 9661 Aine BNOLSNIHd Ta 40 Ayunog YORE 40 ysl0g GE] 10d Townsville Zinc Refinery SCHEDULE 3 PURPOSES FOR PARTICULAR DEVELOPMENT ZONE section 12 PART 1—COLUMN 1 PURPOSES Refinery for the production of zinc, including the following ancillary uses— smelting, refining or alloying zinc, ores or semi-processed ores containing zinc (including reclaiming metals from scrap) manufacture and sale of slag products, metal sulphates, metal oxides, metal chlorides, zinc powder, acids, gases, steam and other industrial chemicals that are by-products of the production of refined zinc recycling and reprocessing the products, by-products and waste from the production of refined zinc power generation predominantly for zinc smelting and refining operations hot-dip galvanising, sherardising, casting, electroplating, electrostatic coating with metals or similar processes. PART 2—COLUMN 3 PURPOSES Refinery for the production of non-ferrous metals other than zinc, including the following— smelting, refining or alloying metals, ores or semi-processed ores (including reclaiming metals from scrap) 21 23 Townsville Zinc Refinery SCHEDULE 3 (continued) manufacture and sale of slag products, metal sulphates, metal oxides, metal chlorides, zinc powder, acids, gases, steam and other industrial chemicals recycling and reprocessing the products, by-products and waste from the production of refined metals power generation predominantly for smelting and refining operations hot-dip galvanising, sherardising, casting, electroplating, electrostatic coating with metals or similar processes. © State of Queensland 1996 CO IND wWpRp wne