THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, FEBRUARY 24, 2015 NEWFOUNDLAND AND LABRADOR REGULATION NLR 21/15

Extraordinary Gazette February 24, 2015 3 NEWFOUNDLAND AND LABRADOR REGULATION 21/15 Nickel-in-Concentrate Exemption Order, 2015 under the Mineral Act (O.C. 2015-026) (Filed February 24, 2015) Under the authority of

section 31.1 of the Mineral Act, the Lieu- tenant-Governor in Council makes the following Order. Dated at St. John’s, February 23, 2015. Julia Mullaley Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Production order exemption 4. Termination of production order exemption 5. Middlings concentrate ex- emption option 6. Termination of middlings concentrate exemption op- tion 7. Suspension of exemption 8. NLR 40/13 Rep. 1. This Order may be cited as the Nickel-in-Concentrate Exemp- tion Order, 2015. 2.

(1) In this Order (a) "Act" means the Mineral Act; (b) "development agreement" means the Development Agree- ment made as of September 30, 2002 among Her Majesty

Short title

Interpretation

Nickel-in-Concentrate Ex emption Order, 2015 21/15 Extraordinary Gazette February 24, 2015 4 the Queen in Right of Newfoundland and Labrador, Voisey's Bay Nickel Company Limited and In co Limited and includes the amendments to the agreement entered into on February 28, 2009, March 28, 2013 and December 19, 2014 by Her Maj- esty in Right of Newfoundland and Labrador, Vale New- foundland and Labrador Limited and Vale Canada Limited; and (c) "production order" means the Voisey’s Bay Nickel Compa- ny Limited Primary Production Order.

(2) In interpreting this Order, the terms, "government", "mid- dlings concentrate", "nickel-in-c oncentrate", "proponent" and "re- placement concentrate" have the mean ings given to them in the devel- opment agreement. 3.

(1) Notwithstanding the production order, the proponent, prior to December 31, 2020, may ship a maximum of 633,000 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 December 19, 2014 under the Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order , the Nickel-in- Concentrate Exemption Order, 2009 and the Nickel-in-Concentrate Exemption Order, 2013.

(3) In the period beginning on January 1, 2014 and ending on December 31, 2014, the proponent sh all not ship from the province an amount of nickel-in-concentrate that exceeds 50,000 tonnes. 4. The exemption contained in

section 3 shall terminate on the earliest of (

a) the date on which the shipments from the province of nickel- in-concentrate by the proponent have reached a total of 633,000 tonnes; (

b) December 31, 2020; and (

c) the date on which it is rescinded under subsection 31.1(3) of the Act. Production order exemption Termination of production order exemption

Nickel-in-Concentrate Ex emption Order, 2015 21/15 Extraordinary Gazette February 24, 2015 5 5.

(1) Notwithstanding subsection 3(1), the proponent shall have the option to ship middlings concentrate from the province.

(2) Before the proponent exercises the option under subsection (1) it shall notify the minister in writing that it intends to exercise the option.

(3) The notice referred to in subsection (2) shall include the in- formation required under the development agreement.

(4) Where the proponent exerci ses the option under subsection (1) it shall, within 12 months after the middlings concentrate was shipped from the province, ship into the province replacement concen- trate with an equivalent quantity of contained nickel. 6. The exemption option contained in

section 5 shall terminate on the earliest of (

a) December 31, 2020; and (

b) the date on which it is rescinded under subsection 31.1(3) of the Act. 7.

(1) Notwithstanding sections 3 and 5, the right of the proponent to ship nickel-in-concentrate and middlings c oncentrate from the prov- ince shall be suspended where a te rm 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 agr eement, and a notice, where one is required in the circumstances, has be en given by the government to the proponent.

(2) Where the failure of the proponent, or the other reason, giv- ing rise to the suspension of the proponent's right to ship nickel-in- concentrate and middlings concentrate from the province under this Order has been remedied as provided for under the development agreement, the proponent may resume the shipments. 8. The Nickel-in-Concentrate Exemption Order, 2013 , New- foundland and Labrador Regulation 40/13 is repealed. ©Queen's Printer Middlings concen- trate exemption option Termination of middlings concen- trate exemption option Suspension of exemption NLR 40/13 Rep.

7 ST. JOHN'S, TUESDAY, FEBRUARY 24, 2015 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Mineral Act Nickel-in-Concentrate NLR 21/15 R&S Feb 24/15 p. 3 Exemption Order, 2015 NLR 40/13