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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2013


NEWFOUNDLAND AND LABRADOR REGULATION 40/13

NEWFOUNDLAND AND LABRADOR
REGULATION 40/13

Nickel-in-Concentrate Exemption Order, 2013
under the
Mineral Act
(O.C. 2013-079)

(Filed March 27, 2013)

Under the authority of section 31.1 of the Mineral Act, the Lieutenant-Governor in Council makes the following Order.

Dated at St. John’s, March 27, 2013.

Robert Thompson
Clerk of the Executive Council

ORDER

Analysis


        1.   Short title

        2.   Interpretation

        3.   Production order exemption

        4.   Termination of exemption

        5.   Suspension of exemption

        6.   NLR 11/09 Rep.


Short title

        1. This Order may be cited as the Nickel-in-Concentrate Exemption Order, 2013.

Interpretation

        2. (1) In this Order

             (a)  "Act" means the Mineral Act;

             (b)  "development agreement" means the Development Agreement made as of September 30, 2002 among Her Majesty the Queen in Right of Newfoundland and Labrador, Voisey's Bay Nickel Company Limited and Inco Limited and includes the amendments to the agreement entered into on February 28, 2009 and March 28, 2013 by Her Majesty in Right of Newfoundland and Labrador, Vale Inco Newfoundland and Labrador Limited and Vale Inco Limited; and

             (c)  "production order" means the Voisey’s Bay Nickel Company Limited Primary Production Order.

             (2)  In interpreting this Order, the terms, "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 December 31, 2015, may ship a maximum of 534,000 tonnes of nickel-in-concentrate from the province.

             (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 March 28, 2013 under both the Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order and the Nickel-in-Concentrate Exemption Order, 2009.

             (3)  In the period beginning on January 1, 2013 and ending on December 31, 2013, the proponent shall not ship from the province an amount of nickel-in-concentrate that exceeds 61,000 tonnes.

             (4)  In the period beginning on January 1, 2014 and ending on  December 31, 2014, the proponent shall not ship from the province an amount of nickel-in-concentrate that exceeds 38,000 tonnes.

Termination of exemption

        4. The exemption contained in section 3 shall terminate on the earliest of

             (a)  the date on which the shipments of nickel concentrate by the lessee have reached a total of 534,000 tonnes of nickel-in-concentrate;

             (b)  December 31, 2015; and

             (c)  the date on which it is rescinded under section 31.1(3) of the Act.

Suspension of exemption

        5. (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 11/09 Rep.

        6. The Nickel-in-Concentrate Exemption Order, 2009, Newfoundland and Labrador Regulation 11/09 is repealed.