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[Act 1997 No 40]
New South Wales
Port Kembla Development (Special
Provisions) Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to validate a development consent granted by the
Minister for Urban Affairs and Planning in February 1996 for the upgrading
and expansion of a copper smelter and refinery at Port Kembla, together with
a modification of that development consent made in November 1996, to the
extent of any invalidity.
On 12 September 1994, Southern Copper Limited lodged with the Minister
for Urban Affairs and Planning a development application for the upgrading
and expansion of an existing copper smelter and refinery at Port Kembla,
which was accompanied by an environmental impact statement. After receipt
of the report of a commission of inquiry, the Minister granted development
consent on 19 February 1996. On a further application, the Minister modified
the development consent on 19 November 1996.
The development consent and modification are the subject of proceedings
before the Land and Environment Court.
Port Kembla Development (Special Provisions) Bill 1997 [Act 1997 No 40]
Explanatory note
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of
assent.
Clause 3 defines various expressions used in the proposed Act.
Clause 4 validates the development consent granted by the Minister for
Urban Affairs and Planning on 19 February 1996 and consequently validates
anything done or omitted pursuant to it.
Clause 5 validates the modification of the development consent made by the
Minister for Urban Affairs and Planning on 19 November 1996 and
consequently validates anything done or omitted pursuant to it.
Clause 6 validates the development consent as modified and consequently
validates anything done or omitted pursuant to it. The clause reinforces the
validations made by clauses 4 and 5.
Clause 7 provides that the validations (clauses 4-6) are effective despite any
pending legal proceedings in any court.
Explanatory note page 2