THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, SATURDAY, FEBRUARY 28, 2009 NEWFOUNDLAND AND LABRADOR REGULATIONS 10/09 11/09

Extraordinary Gazette 3 February 28, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 10/09 Copper-in-Concentrate Exemption Order, 2009 under the Mineral Act (O.C. 2009-052) (Filed February 28, 2009) 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 28, 2009. Sandra M. Barnes Deputy Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Suspension of exemption 5. Order continues in force 6. NLR 64/02 Rep. 1. This Order may be cited as the Copper-in-Concentrate Exemp- tion Order, 2009. 2.

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

Short title

Interpretation

Copper-in-Concentrate Exemption Order, 2009 10/09 Extraordinary Gazette 4 February 28, 2009 the Queen in Right of Newfoundland and Labrador, Voisey's Bay Nickel Company Limited and Inco Limited and in- cludes the amendments to the agreement entered into on February 28, 2009 by Her Majesty in Right of Newfound- land and Labrador, Vale Inco Newfoundland and Labrador Limited and Vale Inco Limited.

(2) In interpreting this Order, the terms "copper-in-concentrate", "project" and "proponent" have the meanings given to them in the de- velopment agreement. 3. The proponent shall be exempt from the provisions of the Voisey’s Bay Nickel Company Limited Primary Production Order with respect to all copper-in-concentrate for the life of the project. 4.

(1) Notwithstanding

section 3, the right of the proponent to ship copper-in-concentrate from the pr ovince 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 a- greement, 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, giv- ing rise to the suspension of the proponent's right to ship copper-in- concentrate from the province under this Order has been remedied as provided for under the development agreement, the proponent may resume the shipments. 5. Notwithstanding

section 3, this Order shall continue in force until it is rescinded or repealed (

a) as contemplated in sec tion 4.14.3 of the development agreement; or (

b) under subsection 31.1(3) of the Act. 6. The Voisey’s Bay Nickel Compan y Limited Copper Concen- trate Exemption Order , Newfoundland and Labrador Regulation 64/02, is repealed. ©Earl G. Tucker, Queen's Printer Exemption Suspension of exemption Order continues in force NLR 64/02 Rep.

Extraordinary Gazette 5 February 28, 2009 NEWFOUNDLAND AND LABRADOR REGULATION 11/09 Nickel-in-Concentrate Exemption Order, 2009 under the Mineral Act (O.C. 2009-051) (Filed February 28, 2009) 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 28, 2009. Sandra M. Barnes Deputy Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 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 Exemp- tion Order, 2009. 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 the Queen in Right of Newfoundland and Labrador, Voisey's

Short title

Interpretation

Nickel-in-Concentrate Ex emption Order, 2009 11/09 Extraordinary Gazette 6 February 28, 2009 Bay Nickel Company Limited and Inco Limited and in- cludes the amendments to the agreement entered into on February 28, 2009 by Her Majesty in Right of Newfound- land and Labrador, Vale Inco Newfoundland and Labrador Limited and Vale Inco Limited; and (c) "production order" means the Voisey’s Bay Nickel Com- pany Limited Primary Production Order.

(2) In interpreting this Order, the terms, "construction comple- tion date", "government", "implementation plan", "nickel-in- concentrate", "processing plant" and "proponent" have the meanings given to them in the development agreement. 3.

(1) Notwithstanding the production order, the proponent, prior to the earlier of the construction completion date of the processing plant and February 28, 2013, may ship a maximum of 440,000 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 February 28, 2009 under the Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order.

(3) In the period beginning on January 1, 2009 and ending on December 31, 2009, the proponent sh all not ship from the province an amount of nickel-in-concentrate that exceeds 55,000 tonnes.

(4) In the period beginning on January 1, 2010 and ending on the earlier of the construction completion date of the processing plant and February 28, 2013, the proponent shall not ship from the province an amount of nickel-in-concentrate that exceeds, on average over the period, 55,000 tonnes in a calendar year. 4. The exemption contained in

section 3 shall terminate on the earliest of the (

a) date on which the shipment s of nickel concentrate by the lessee have reached a total of 440,000 tonnes of nickel-in- concentrate; (

b) construction completion date; and Production order exemption Termination of exemption

Nickel-in-Concentrate Ex emption Order, 2009 11/09 Extraordinary Gazette 7 February 28, 2009 (

c) date on which it is rescinded under

section 31.1(3) of the Act. 5. Notwithstanding

section 3, wher e the proponent is not proceed- ing diligently to complete the engineering and construction of the proc- essing plant as required by

section 4.7.4 or 4.7.5 of the development agreement, the right of the proponent to ship ni ckel-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. 6.

(1) Notwithstanding

section 3, the right of the proponent to ship nickel-in-concentrate from the pr ovince 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 a- greement, 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, giv- ing 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. 7. The Voisey's Bay Nickel Company Limited Nickel Concentrate Exemption Order , Newfoundland and Labrador Regulation 66/02 , is repealed. ©Earl G. Tucker, Queen's Printer Suspension of shipping rights Suspension of exemption NLR 66/02 Rep.

9 ST. JOHN'S, SATURDAY, FEBRUARY 28, 2009 Index Title of Act and Subordinate Legislation CNLR or NL Gazette Extra made thereunder NL Reg. Amendment Date & Page No. Mineral Act Copper-in-Concentrate NLR 10/09 R&S Feb 28/09 p. 3 Exemption Order, 2009 NLR 64/02 Nickel-in-Concentrate NLR 11/09 R&S Feb 28/09 p. 5 Exemption Order, 2009 NLR 66/02