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Newfoundland and Labrador
Exemption Order, 2013
(Filed March 27, 2013)
Under the authority of section 31.1 of the Mineral Act, the Lieutenant-Governor in Council makes the following Order.
1. Short title
3. Production order exemption
4. Termination of exemption
5. Suspension of exemption
6. NLR 11/09 Rep.
1. This Order may be cited as the Nickel-in-Concentrate Exemption Order, 2013.
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, "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(c) the date on which it is rescinded under section 31.1(3) of the Act.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,