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Newfoundland and Labrador
Exemption Order, 2009
Under the authority of section 31.1 of the Mineral Act, the Lieutenant-Governor in Council makes the following Order.
Sandra M. Barnes
1. Short title
3. Production order exemption
4. Termination of exemption
5. Suspension of shipping rights
6. Suspension of exemption
7. NLR 66/02 Rep.
1. This Order may be cited as the Nickel-in-Concentrate Exemption Order, 2009.
2. (1) In this Order
(a) "Act" means the Mineral Act;
(b) "development agreement" means the
Development Agreement made as of
(c) "production order" means the Voisey’s Bay Nickel Company Limited Primary Production Order.
(2) In interpreting this Order, the terms, "construction completion date", "government", "implementation plan", "nickel-in-concentrate", "processing plant" and "proponent" have the meanings given to them in the development agreement.
Production order exemption
3. (1) Notwithstanding
the production order, the proponent, prior to the earlier of the construction
completion date of the processing plant and
(2) The amount of nickel-in-concentrate the
proponent may ship from the province under subsection (1) includes the amount shipped
by the proponent before
(3) In the period beginning on
(4) In the period beginning on
Termination of exemption
4. The exemption contained in section 3 shall terminate on the earliest of the
(a) date on which the shipments of nickel concentrate by the lessee have reached a total of 440,000 tonnes of nickel-in-concentrate;
(b) construction completion date; and
(c) date on which it is rescinded under section 31.1(3) of the Act.
Suspension of shipping rights
5. Notwithstanding section 3, where the proponent is not proceeding diligently to complete the engineering and construction of the processing plant as required by section 4.7.4 or 4.7.5 of the development agreement, the right of the proponent to ship nickel-in-concentrate out of the province under section 3 shall be suspended, subject to sections 5.3 and 6.5.2 of the development agreement.
Suspension of exemption
6. (1) Notwithstanding section 3, the right of the proponent to ship nickel-in-concentrate from the province shall be suspended where a term of the development agreement provides for the suspension for a failure of the proponent to fulfil an obligation under the development agreement, or for another reason provided for in the development agreement, and a notice, where one is required in the circumstances, has been given by the government to the proponent.
(2) Where the failure of the proponent, or the other reason, giving rise to the suspension of the proponent's right to ship nickel-in-concentrate from the province under this Order has been remedied as provided for under the development agreement, the proponent may resume the shipments.
NLR 66/02 Rep.
7. The Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order, Newfoundland and Labrador Regulation 66/02, is repealed.
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