Roxby Downs (Indenture Ratification) Act 1982 (SA)

South Australia Roxby Downs (Indenture Ratification) Act 1982 An Act to ratify and approve a certain indenture between the State of South Australia and others; to make special provision for local government in relation to a part of the State subject to the indenture; and for other purposes. Contents Part 1—Preliminary 1 Short title 4 Interpretation 5 Application of Act to Crown 5A Certain rights etc are not personal property for the purposes of Commonwealth Act Part 2—Ratification of the Indenture 6 Ratification of Indenture 7 Modification of State law 8 Licences etc required in respect of the mining and milling of radioactive ores 9 Application of Aboriginal Heritage Act to the Stuart Shelf Area and the Olympic Dam Area 10 Regulations 11 Enforcement Part 3—Special provisions in relation to local government 12 Special provisions in relation to local government Schedule Consolidated Indenture Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Roxby Downs (Indenture Ratification) Act 1982. 4—Interpretation (1) In this Act— the Joint Venturers means the Joint Venturers or any one or more of them and includes an associated company; the Indenture means the Olympic Dam and Stuart Shelf Indenture, a copy of which is set out in the Schedule to this Act (including the Schedules and annexures) and includes the Indenture as varied, amended or replaced from time to time. (2) Where an expression used in this Act is defined in the Indenture, that expression has, unless the contrary intention appears, the same meaning as in the Indenture. (3) Where reference is made in this Act to some other Act, that reference extends to regulations, rules, by-laws and other statutory instruments made under or for the purposes of that Act. 5—Application of Act to Crown This Act and the Indenture bind the Crown. 5A—Certain rights etc are not personal property for the purposes of Commonwealth Act The following are not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth: (a) a Special Tenement; (b) a right, entitlement or authority granted by or under this Act that is of a kind declared by the regulations not to be personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth. Part 2—Ratification of the Indenture 6—Ratification of Indenture (1) The Indenture is ratified and approved. (2) The implementation of the Indenture is authorised and the Government of the State, the Ministers and other instrumentalities of the Crown and the Government of the State, and all statutory bodies and authorities (including local authorities) are authorised, empowered and required to do all things necessary or expedient to carry out, and give full effect to, the Indenture. (3) No person shall do or omit to do anything that frustrates, hinders, interferes with or derogates from the operation or implementation of the Indenture, or any aspect of the Indenture, or the ability of the parties to the Indenture or any other person to exercise rights or discharge duties or obligations under the Indenture. 7—Modification of State law (1) The law of the State is so far modified as is necessary to give full effect to the Indenture and the provisions of any law of the State shall accordingly be construed subject to the modifications that take effect under this Act. (2) Without limiting the generality of subsection (1), in the case of any inconsistency between the provisions of any Act or law and of the Indenture, the provisions of the Indenture shall prevail and in particular— (a) the following Acts are to be construed subject to the provisions of the Indenture: (i) the Commercial Arbitration Act 1986; and (ii) the Crown Lands Act 1929; and (iii) the Development Act 1993; and (iv) the Electricity Corporations Act 1994; and (v) the Environment Protection Act 1993; and (vi) the Harbors and Navigation Act 1993; and (vii) the Mining Act 1971; and (viii) the Petroleum Act 1940; and (ix) the Real Property Act 1886; and (x) the Residential Tenancies Act 1995; and (xi) the Stamp Duties Act 1923; and (xii) the Water Resources Act 1990, and, to the extent of any inconsistency between the provisions of those laws and of the Indenture, the provisions of the Indenture prevail; and (b) the provisions of the laws of the State under which any royalty, rate, tax or impost may be levied or imposed (whether by a party to the Indenture or not) are to be construed subject to the provisions of the Indenture relating to the levying or imposition of royalties, rates, taxes or imposts and, to the extent of any inconsistency between the provisions of those laws and of the Indenture, the provisions of the Indenture prevail; and (c) the provisions of the laws of the State relating to the granting or resumption of estates or interests in land are to be construed subject to the provisions of the Indenture and, to the extent of any inconsistency between the provisions of those Acts and of the Indenture, the provisions of the Indenture prevail; and (d) the Crown Lands Act 1929 is to be construed as conferring on the Governor sufficient power to make the grants and dedication of land contemplated by clause 24 of the Indenture and to grant the leases, licences, easements and rights of way contemplated by clause 27 of the Indenture; and (e) it is not necessary for an applicant for a Special Exploration Licence or a Special Mining Lease to peg or mark out any land, nor is the holder of such a Special Tenement to be subject to any requirement in relation to the pegging or marking out of lands subject to the Tenement; and (f) the Minister has power to grant and renew a pipeline licence under the Petroleum Act 1940 in accordance with clause 19A of the Indenture; and (j) the authorisations and approvals contemplated by clause 45 of the Indenture are hereby granted; and (k) the power of dedication contemplated by clause 14(8) of the Indenture is hereby conferred; and (l) no power of compulsory acquisition or resumption of land shall be exercised contrary to the provisions of the Indenture. (3) Where an application is made to the Minister pursuant to clause 7 of the Indenture for a permit, consent, approval, authorisation or permission, and, if it were not for the provisions of that clause, the right to grant the permit, consent, approval, authorisation or permission would have vested in some other Minister of the Crown, or in an instrumentality of the Crown subject to control or direction by some other Minister of the Crown, the application shall not be granted unless that other Minister of the Crown has been consulted and agrees to the granting of the application. (4) A permit, consent, approval, authorisation or permission granted under clause 7 of the Indenture shall be deemed to have been duly granted in pursuance of the Act or law under which provision is made for the permit, consent, approval, authorisation or permission. (5) Nothing in subsection (3) derogates from the rights of the Joint Venturers under clause 7 of the Indenture or prejudices or affects an arbitration. 8—Licences etc required in respect of the mining and milling of radioactive ores (1) If at any time legislation of the Parliament of the State requires any person dealing with radioactive substances to hold a licence, authorisation or permit to do so, the Minister, person or body responsible for the issue of the licence, authorisation or permit shall, upon application by the Joint Venturers, grant to them any such licence, authorisation or permit required for the purpose of enabling them to undertake the Initial Project or any Subsequent Project. (2) The Minister, person or body granting the licence, authorisation or permit may impose such conditions and limitations on the licence, authorisation or permit as are authorised by the Act pursuant to which it is granted, but no such condition or limitation shall impose upon the Joint Venturers any requirement or standard that is more stringent than the most stringent requirements and standards contained in any of the codes, standards or recommendations referred to in clause 10 of the Indenture. (3) Nothing in this section shall be construed as exempting the Joint Venturers from the payment of any fee. (4) For the purposes of this section, dealing with radioactive substances includes mining, milling, treatment, processing, handling, transportation or storage. 9—Application of Aboriginal Heritage Act to the Stuart Shelf Area and the Olympic Dam Area (1) Subject to this section, the Aboriginal Heritage Act applies in relation to operations of the Joint Venturers in the Stuart Shelf Area or the Olympic Dam Area. (2) Until the 31st day of December, 1985, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Stuart Shelf Area or the Olympic Dam Area provided that— (a) any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and (b) where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning. (3) After the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area, the Joint Venturers are not required, under section 21(5) of the Aboriginal Heritage Act, to obtain permission to enter or use land within a protected area that lies within the Olympic Dam Area provided that— (a) any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and (b) where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning. (4) After the 31st day of December, 1985, the Joint Venturers are not required under section 21(5) of the Aboriginal Heritage Act to obtain permission to enter or use land within a protected area that lies within the area comprised in a Special Exploration Licence provided that— (a) any entry or use of such land by the Joint Venturers conforms strictly with the terms and conditions of the relevant mining tenement; and (b) where under the terms and conditions of that mining tenement the consent or approval of the Director-General of Mines and Energy is required in relation to the protected area or items within the protected area, that consent or approval shall be ineffective unless confirmed by the Minister of Environment and Planning. (5) Where an environmental impact statement in relation to the Initial Project or a Subsequent Project has been approved by the Minister of Environment and Planning, no land within the area to which the environmental impact statement relates shall, after the date of the approval and before the grant of a Special Mining Lease in respect of the Project, be declared to be a protected area under section 21 of the Aboriginal Heritage Act, unless— (a) the land is designated or identified in the environmental impact statement as an Aboriginal site; or (b) the Joint Venturers in relation to the relevant Project agree to the declaration. (6) After the grant of a Special Mining Lease in respect of the Initial Project or a Subsequent Project, land— (a) to which the Special Mining Lease applies; or (b) within a corridor designated in the relevant approved environmental impact statement referred to in subsection (5) as— (i) a pipeline; or (ii) a power line; or (iii) a railway line; or (iv) a private road; or (c) within a well field in respect of which a Special Water Licence is in force; or (d) within the municipality, or a township designated in the relevant approved environmental impact statement, shall not, without the consent of the Joint Venturers, be declared to be a protected area under section 21 of the Aboriginal Heritage Act. (7) The powers conferred by section 26 of the Aboriginal Heritage Act are not exercisable without the consent of the Joint Venturers— (a) before the thirty-first day of December, 1985—in respect of land that lies within the Stuart Shelf Area or the Olympic Dam Area; (b) after the 31st day of December, 1985, and until the approval by the Minister of Environment and Planning of an environmental impact statement relating to the Olympic Dam Area—in respect of land that lies within the Olympic Dam Area; (c) after the thirty-first day of December, 1985—in respect of land to which subsection (6) applies or land comprised in a Special Exploration Licence. (8) The Joint Venturers shall not withhold consent under subsection (6) or (7) unless they have reason to believe that in consequence of the proposed declaration or exercise of powers— (a) mining or other works being undertaken, or in course of preparation, would be materially disrupted or impeded; or (b) the health or safety or any person or group of persons would be endangered. (9) For the purposes of this section, expressions defined in the Aboriginal Heritage Act have the same meanings as in that Act. (9a) For the purposes of this section— (a) a reference in the Aboriginal Heritage Act to the owner of private lands will be taken to include a reference to a person who holds native title in the lands; and (b) a native title holder will be taken not to have committed an offence against the Aboriginal Heritage Act by reason only of exercising rights deriving from the native title. (10) For the purposes of this section, a reference to the Aboriginal Heritage Act shall be construed as a reference to the Aboriginal Heritage Act 1979 in its form as at the date of assent (15th March, 1979) or in its form as at some later date fixed by proclamation with the consent of the Joint Venturers and the subsequent amendment, replacement or repeal of that Act shall not affect its operation insofar as it applies by virtue of this section. (11) If a proclamation is made under subsection (10), the provisions of subsections (2) to (9) inclusive cease to operate as from the date of the proclamation. (13) Within thirty days after the date on which this section comes into operation the Joint Venturers shall inform the Minister whether they consent to the making of a proclamation under subsection (10). (14) This section will be taken not to affect the application of Aboriginal heritage legislation in relation to the operations of the Joint Venturers outside of the Stuart Shelf Area or the Olympic Dam Area. 10—Regulations The Governor may, with the agreement of the parties to the Indenture, make such regulations (including regulations that operate to modify a law of the State) as are necessary or expedient for the purposes of giving effect to the Indenture. 11—Enforcement Notwithstanding any Act or law to the contrary, a decree of specific performance may be granted and enforced against the Crown in respect of its obligations under the Indenture in the same circumstances and on the same conditions as such a decree could be granted and enforced against a subject of the Crown. Part 3—Special provisions in relation to local government 12—Special provisions in relation to local government (1) The provisions of clause 23 of the Indenture, and the Local Government Act 1934, as modified by the Indenture, apply in respect of the municipality to be constituted in pursuance of clause 23 of the Indenture. (2) The boundaries of the municipality shall not, before the expiration of fifty years from the Commencement Date, be altered unless the Joint Venturers have consented to the alteration. (3) An Administrator of the municipality shall be appointed by the Minister as contemplated by clause 23(3) of the Indenture, and while local government in the municipality is administered by the Administrator the provisions of Parts 3 to 8 (inclusive) of the Local Government Act 1934 shall not apply in relation to the municipality. (4) The Administrator shall be an officer of the Crown and shall, subject to the Indenture and the provisions of the Local Government Act 1934 as they apply to the municipality, be under the control and direction of the Minister but the Crown is entitled to be reimbursed for the costs of employing the Administrator and any other liabilities incurred by it in relation to the administration of the municipality from the funds of the municipality. (5) The Administrator shall have the powers, functions and duties of a municipal council in relation to the municipality and, subject to directions of the Minister, shall exercise and discharge those powers, functions and duties in such manner as he thinks fit. (6) The following limitations apply in relation to the exercise of powers of local government within the municipality— (a) the authority exercising powers of local government within the municipality has no power with respect to private roads except that it may, after consultation with the Joint Venturers— (i) construct a road that crosses a private road; or (ii) erect or lay down structures for the transmission of electricity or the reticulation of water over, under or across such a road; and (b) any rate imposed on land within the municipality must be based upon valuations made by the Valuer-General; and (c) the provisions of clause 29 of the Indenture shall be observed in relation to the rating of land within the municipality; and (d) Part 28 of the Local Government Act 1934 shall not apply in respect of operations of the Joint Venturers carried out within the municipality; and (e) a private road shall not be regarded as a street, road or public place for the purposes of the Local Government Act 1934; and (f) no by-law that affects operations of the Joint Venturers shall be made without the approval of the Minister and the Minister shall, before approving a proposed by-law— (i) inform the Joint Venturers of the terms of the proposed by-law and allow them a reasonable opportunity to object; and (ii) consider any objections made by the Joint Venturers; and (g) no power of compulsory acquisition of land shall be exercised contrary to the provisions of clause 30 of the Indenture by the authority exercising powers of local government within the municipality. (7) The provisions of subsection (4) do not derogate from limitations on the exercise of powers of local government imposed by the Indenture. (8) Despite any arrangements previously applying under this section, the Freedom of Information Act 1991 will apply in relation to the municipality. Schedule TABLE OF CONTENTS 1.|Defined Terms| 2.|Ambit of Indenture| 3.|Initial Government Obligations| 4.|Condition Precedent| 5.|Initial Obligations of the Joint Venturers| 6.|Commitment to Initial Project| 7.|Approvals| 8.|Implementation of Initial Project| 9.|Subsequent Projects| 10.|Compliance with Codes| 11.|Protection and Management of the Environment| 12.|Use of Local Professional Services, Labour and Materials| 13.|Joint Venturers' Water Requirements| 14.|Roads| 15.|Airstrip and Related facilities| 16.|Railway facilities| 17.|Port| 18.|Power| 19.|Special Mining Leases| 19A.|Pipeline Licence| 20.|Special Exploration Licences| 21.|Provision of Infrastructure| 22.|Infrastructure Costs| 23.|Establishment of Municipality| 24.|Freehold Grants| 25.|Special Buffer Zones| 26.|Further Processing| 27.|Leases, Licences, Easements and Rights of Way| 28.|Zoning, Rentals and Fees| 29.|Rating| 30.|No Resumption| 30A.|Safety Net| 31.|Resumption for the Purposes of this Indenture| 32.|Royalties| 32A.|Production of Non-minesite Product| 32B.|Royalties in respect of Non-minesite Product| 33.|No Special Taxes| 34.|Non Discrimination| 35.|Confidentiality| 36.|Assignment| 37.|Liability of Joint Venturers| 38.|Force Majeure| 39.|Payments| 40.|Commonwealth Licences and Consents| 41.|Termination of Indenture by the State| 42.|Effect of Termination by the State| 43.|Stamp Duty Exemption| 44.|Residential Tenancies Act| 45.|Trade Practices Act| 46.|No Partnership| 47.|Enforcement| 48.|State Assistance| 49.|Arbitration| 50.|Independent Expert| 51.|Provisions Applicable to Special Tenements| 52.|Derogating Legislation| 53.|Extensions of Time| 54.|Notices| 55.|Consultation| 56.|Variation| 57.|Applicable Law| SCHEDULE 1|| SCHEDULE 2|| SCHEDULE 3|| SCHEDULE 4|| SCHEDULE 5|| SCHEDULE 6|| SCHEDULE 7|| SCHEDULE 8|| THIS INDENTURE made the THIRD day of MARCH 1982 BETWEEN: THE STATE OF SOUTH AUSTRALIA (hereinafter referred to as "the State") of the first part, THE MINISTER OF MINES AND ENERGY the Minister administering the Mining Act 1971–1981 of the State a corporation sole pursuant to the provisions of the said Mining Act of the second part, ROXBY MINING CORPORATION PTY. LTD. a company incorporated in the State of South Australia and having its registered office at 41 Currie Street, Adelaide in the said State (hereinafter called "RMC") of the third part, BP AUSTRALIA LIMITED a company incorporated in the State of Victoria and having its registered office in the State of South Australia at 30 Flinders Street, Adelaide in the said State (hereinafter called "BPA") of the fourth part, BP PETROLEUM DEVELOPMENT LIMITED a company incorporated in the United Kingdom and having its registered office in the State of South Australia at 30 Flinders Street, Adelaide in the said State (hereinafter called "BPPD") of the fifth part, and WESTERN MINING CORPORATION LIMITED a company incorporated in the State of Victoria and having its principal office in the State of South Australia at 41 Currie Street, Adelaide in the said State (hereinafter called "WMC") of the sixth part. WHEREAS: (a) The Joint Venturers (as hereinafter defined) have established the existence of extensive mineralisation within the Olympic Dam Area (as hereinafter defined) containing, inter alia, copper, uranium, gold and rare earths; (b) The Olympic Dam Joint Venturers (as hereinafter defined) have been and are continuing to define the limits and reserves of such mineralisation and contemporaneously therewith have begun and will continue to evaluate the geological, economic, engineering, mining, environmental, metallurgical treatment and marketing aspects of the development of such mineralisation; (c) The Joint Venturers in conjunction with the State intend to provide certain infrastructure facilities under this Indenture including certain facilities and services necessary for the accommodation and welfare of the workforce (and their dependants) and also of others (including their dependants) connected directly or indirectly with operations under this Indenture; (d) The State and the Joint Venturers have agreed as hereafter in this Indenture provided as to the provision of certain infrastructure facilities at the townsite and elsewhere, of the kinds normally provided by governments or government instrumentalities, appropriate to the scale of the Joint Venturers' operations from time to time up to the production of 350 000 tonnes per annum of contained copper in saleable Product, saleable Non-minesite Product and associated by-products in connection with operations under this Indenture; (e) The Joint Venturers in conjunction with the State intend to take adequate measures to safeguard the public, the workforce and the environment in relation to operations under this Indenture; (f) It is contemplated in this Indenture by the Joint Venturers and the State that there may be Subsequent Projects from time to time; (g) It is in the interests of the State that the mineralisation within the Olympic Dam and Stuart Shelf Areas should be developed and the State is satisfied that a very large capital expenditure is necessary to ensure that such deposits are efficiently and economically developed; (h) The evaluations referred to in recital (b) constitute an initial risk stage which itself requires a large capital expenditure; (i) The sum of fifty million dollars has already been expended in carrying out the evaluations referred to in recital (b), and the Olympic Dam Joint Venturers intend to spend as from the 1st day of January, 1982, the sum of fifty million dollars as provided in paragraph (b) of sub-clause (1) of Clause 6; (j) It is necessary to give the Joint Venturers the security and assurances which will facilitate the provision of finance for the continuation of such evaluations and subsequent development; (k) It is the intention of the State and the Joint Venturers that this agreement shall not be amended nor shall the rights and privileges of the Joint Venturers or the State be derogated from other than by mutual consent and in accordance with the procedures specified herein; (l) In recognition of the importance to the State of the operations of the Joint Venturers in establishing and developing certain of the State's mineral resources the parties have agreed to enter into this Indenture; and (m) It is agreed between the parties hereto that if the Joint Venturers discover within the Olympic Dam Area or the Stuart Shelf Area or (after selection) the Selected Areas or produce petroleum or petroleum products therefrom the provisions of this Indenture shall not apply to such discovery or production and that the applicable provisions shall (unless otherwise agreed and provided for) be those of the Petroleum Act, 1940–1981, then in force. NOW THIS INDENTURE WITNESSES that the parties hereto covenant and agree with each other as follows— 1. DEFINED TERMS (1) In this Indenture unless the context otherwise requires— "advise", "agree", "apply", "approve", "approval", "consent", "certify", "direct", "elect", "inform", "notice", "notify", "request", or "require", means advise, agree, apply, approve, approval, consent, certify, direct, elect, inform, notify, notice request or require in writing as the case may be; "associated company" means— (a) any company or corporation which is notified to the Minister by the Joint Venturers as an associated company which— (i) is promoted by the Joint Venturers or any of them (or by a wholly owned subsidiary of a Joint Venturer) for all or any of the purposes of the project or projects the subject of this Indenture and in which the Joint Venturers or any of them or such wholly owned subsidiary has not less than 20 per centum of the issued share capital or some lesser percentage acceptable to the Minister; or (ii) is related within the meaning of that term as used in section 6 of the Companies Act, 1962, as at present in force, to the Joint Venturers or any of them or to any company or corporation in which the Joint Venturers or any of them or a wholly owned subsidiary of any of them holds not less than 20 per centum of the issued ordinary share capital; or (b) any company or corporation approved by the Minister at the request of the Joint Venturers; "Clause" means a clause of this Indenture; "Commencement Date" means the first day of the month after the date on which the treatment plant first to be commissioned for the Initial Project or (as the case may be) the first stage thereof as notified by the Joint Venturers to the Minister after consultation in respect thereof has operated for 60 consecutive days at an average rate of production over such 60 consecutive days of not less than 85% of— (i) the installed capacity thereof in respect of tonnes treated and not less than 85% of— (ii) the designed rate of production thereof contemplated by the final feasibility study for the Initial Project in respect of ore grade, Product recovery and production of Product; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "Indenture" means this Indenture whether in its original form or as from time to time supplemented, varied or amended in accordance with the provisions of clause 56 hereto; "the Initial Project" means the construction maintenance and operation of a mine in the Olympic Dam Area or a Selected Area, and the construction, acquisition, maintenance and operation of mining treatment transportation and other facilities plant and equipment, and all infrastructure necessary or appropriate for the mining and treatment of ore, such treatment facilities to have a capacity to produce such quantities of copper, uranium oxide gold and other minerals and metals as the Joint Venturers shall specify in the first Project Notice (as may be amended from time to time) pursuant to the provisions of Clause 6, such infrastructure to include a town and all related and ancillary facilities for the workforce and their dependents and others engaged in the aforesaid mining and treatment and other activities; "the Joint Venturers" means collectively RMC, BPA, BPPD and WMC and includes their respective successors and permitted assigns and "Joint Venturer" means any one of them or their respective successors and permitted assigns; "Manager" means a manager appointed pursuant to sub-clause (2) of Clause 54; "minerals" means— (a) any naturally occurring deposit of metal or metalliferous substance, precious stones (other than opal), or any other mineral (including sand, gravel, stone, shell, coal, oil shale, shale and clay); (b) any metal, metalliferous substance, or mineral recoverable from the sea or a natural water supply; or (c) any metal, metalliferous substance, or mineral that has been dumped or discarded in the course of mining operations or operations incidental thereto; "the Mines Minister" means the Minister in the Government of the State for the time being responsible (under whatsoever title) for the administration of the Mining Act; "the minesite" means the site of any mine or mines within the area of a Special Mining Lease; "mine buffer zone" means the area of land surrounding the minesite, designated pursuant to Clause 25 and being the subject of a Special Buffer Zone Lease in the form or substantially of the Fourth Schedule hereto; "the Mining Act" means the Mining Act 1971–1981; "the Minister" means the Minister in the Government of the State for the time being responsible (under whatsoever title) for the administration of the ratifying Act and pending the passing of the Act means the Minister for the time being designated in a notice from the State to the Joint Venturers and includes the successors in office of the Minister; "month" means calendar month; "municipality" means the municipality to be established pursuant to Clause 23; "Non-minesite Materials" means any of copper, gold or silver, or other mineral approved by the Minister in any of the following forms: (a) in the form of concentrate, fluxing agent, slime or slag, or any other form approved by the Minister which has been obtained from ore not extracted from lands comprised in a Special Mining Lease; or (b) in the form of ore not extracted from lands comprised in a Special Mining Lease but extracted from lands within South Australia; "Non-minesite Product" means all saleable mineral production from a treatment plant and produced from Non-minesite Materials for the benefit of the Joint Venturers or any of them; "non-potable water" means water other than potable water; "notice" means notice in writing; "the Olympic Dam Area" means the area bordered black on the plan annexed hereto marked "A" and as more particularly described in the Fifth Schedule hereto; "the Olympic Dam Joint Venturers" means collectively RMC, BPA and BPPD and includes their and each of their respective successors and permitted assigns; "ore" means ore extracted from lands comprised in a Special Mining Lease but excludes Non-minesite Materials; "participating Joint Venturer" in respect of the Initial or any Subsequent Project means a Joint Venturer which is notified to the State pursuant to sub-clause (2) of Clause 6, sub-clause (2) of Clause 9 or sub-clauses (2) or (3) of Clause 37 as being a participant in that particular Project; "person" in addition to a natural person includes a body corporate, and any agency, authority or instrumentality of the Crown or of any government or any statutory or local authority; "petroleum" means "petroleum" as defined in the Petroleum Act, 1940; "Pilot Plant" means any chemical or metallurgical plant