EXTRAORDINARY PUBLISHED BY AUTHORITY ST. JOHN'S, MONDAY, OCTOBER 7, 2002 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 63/02 NLR 64/02 NLR 65/02 NLR 66/02

Extraordinary Gazette October 7, 2002 3 NEWFOUNDLAND AND LABRADOR REGULATION 63/02 Voisey’s Bay Nickel Company Limited Primary Production Order under the Mineral Act (O.C. 2002 - 326) (Filed October 7, 2002) 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, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Best interest 4. Primary production in the province 5. Order continues in force 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Primary Production Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Primary Production Order 63/02 Extraordinary Gazette October 7, 2002 4 (b) "lease" means the valid and subsisting lease number 184 dated September 30, 2002 issued to the lessee under the Act for an area situated near Voisey’s Bay; and (c) "lessee" means Voisey’s Bay Nickel Company Limited.

(2) In interpreting this Order, th e terms "mineral", "mineral ore" and "primary production" shall have the meanings given to them in the Act. 3. The Lieutenant-Governor in Council is of the opinion that, as a matter of public convenience and general policy, it is in the best interest of the province to grant this order. 4. The lessee shall complete primary production in the province of all minerals or mineral ores extracted or removed under the lease. 5. This Order shall continue in force until the time that it is varied, rescinded or repealed by an order of the Lieutenant-Governor in Coun- cil. ©Earl G.

Tucker, Queen's Printer Best interest Primary production in the province Order continues in force

Extraordinary Gazette October 7, 2002 5 NEWFOUNDLAND AND LABRADOR REGULATION 64/02 Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order under the Mineral Act (O.C. 2002 - 328) (Filed October 7, 2002) 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, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Order continues in force 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Copper Concentrate Exemption Order 64/02 Extraordinary Gazette October 7, 2002 6 (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, the les- see and Inco Limited; (c) "lease" means the valid and subsisting lease number 184 dated September 30, 2002 issued to the lessee under the Act for an area situated near Voisey’s Bay; and (d) "lessee" means Voisey’s Bay Nickel Company Limited.

(2) In interpreting this Order, the terms "copper concentrate" "project" and "proponent" have the meanings given to them in the de- velopment agreement. 3. Subject to

section 4, the lessee shall be exempt from the provi- sions of the Voisey’s Bay Nickel Company Limited Primary Produc- tion Order with respect to all copper concentrate for the life of the proj- ect. 4. This Order shall continue in force until the time that it is re- scinded or repealed (

a) as contemplated in

section 4.14.3 of the development agreement; or (

b) under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer Exemption Order continues in force

Extraordinary Gazette October 7, 2002 7 NEWFOUNDLAND AND LABRADOR REGULATION 65/02 Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order under the Mineral Act (O.C. 2002 - 329) (Filed October 7, 2002) 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, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Suspension of exemption 5. Termination of exemption 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order 65/02 Extraordinary Gazette October 7, 2002 8 (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, the les- see and Inco Limited; (c) "lessee" means Voisey’s Bay Nickel Company Limited; and (d) "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", "matte", "matte plant", "mine", "nickel con- centrate" and "proponent" have the meanings given to them in the de- velopment agreement. 3.

(1) Subject to sections 4 and 5, if the proponent has constructed the matte plant, the lessee shall be exempt from the provisions of the production order with respect to shipments of nickel concentrate com- mencing on the construction completion date.

(2) The exemption under subsection (1) shall continue as long as the matte plant is operating and treating matte in sufficient quantities so that the tonnage of contained nickel in the matte processed by the matte plant is not less than the tonnage of contained nickel in the nickel con- centrate shipped out of the province as permitted by this order, both on an annual basis and in total, over the life of the mine.

(3) The lessee shall provide to the government an annual ac- counting of the tonnages referred to in subsection (2) in respect of each year on or before the last day of February of the following year utiliz- ing the assaying procedures set out in

Schedule 4.13.2 of the develop- ment agreement. 4. The exemption under subsection 3(1) shall be suspended while the matte plant is not operating, except during reasonable and necessary periods of routine maintenance and vacation shutdown of the matte plant in accordance with reasonable and prudent industry practices. 5. The exemption under subsection 3(1) shall terminate on the earlier of the date that (

a) the matte plant has, in the sole opinion of the government acting reasonably, ceased commercial operations; and Exemption Suspension of exemption Termination of exemption

Voisey’s Bay Nickel Company Limited Matte Plant Exemption Order 65/02 Extraordinary Gazette October 7, 2002 9 (

b) the exemption is rescinded under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer

Extraordinary Gazette October 7, 2002 11 NEWFOUNDLAND AND LABRADOR REGULATION 66/02 Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order under the Mineral Act (O.C. 2002 - 327) (Filed October 7, 2002) 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, October 7, 2002. Deborah E. Fry Clerk of the Executive Council ORDER Analysis 1.

Short title 2.

Interpretation 3. Exemption 4. Termination of exemption 5. Suspension of shipping rights 6. Determination of diligence 7. Construction of hydromet plant 1. This Order may be cited as the Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order. 2.

(1) In this order (a) "Act" means the Mineral Act;

Short title

Interpretation

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 Extraordinary Gazette October 7, 2002 12 (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, the les- see and Inco Limited; (c) "lease" means the valid and subsisting lease number 184 dated September 30, 2002, issued to the lessee under the Act for an area situated near Voisey’s Bay; (d) "lessee" means Voisey’s Bay Nickel Company Limited; and (e) "production order" means the Voisey’s Bay Nickel Com- pany Limited Primary Production Order.

(2) In interpreting this Order, the terms "commercial production date", "construction completion date", "decision", "demonstration plant", "demonstration plant completion date", "government", "hydro- met plant", "implementation plan", "nickel concentrate", "processing plant" and "proponent" have the meanings given to them in the devel- opment agreement. 3. Subject to sections 4 and 5, the lessee shall be exempt from the provisions of the production order with respect to the quantity of nickel concentrate containing up to a maximum total of 355,000 tonnes of contained nickel commencing the later of (

a) the date of the first shipment of nickel concentrate to the demonstration plant; and (

b) the demonstration plant completion date. 4. The exemption contained in sect ion 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 355,000 tonnes of contained nickel; (

b) construction completion date; and (

c) date on which it is rescinded under

section 31.1(3) of the Act. Exemption Termination of exemption

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 Extraordinary Gazette October 7, 2002 13 5. The lessee may ship quantities of nickel concentrate out of the province up to the maximum total of 355,000 tonnes of contained nickel referred to in

section 3 but where the proponent (

a) has not delivered the decision to the government by Novem- ber 15, 2008; (

b) has not delivered to the government an implementation plan as required by

section 4.7.4 or 4.7.5 of the development agreement; or (

c) the proponent is not proceed ing diligently to complete the engineering and construction of the processing plant as re- quired by

section 4.7.4 or 4.7.5 of the development agree- ment the right of the lessee to ship nick el 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. Whether the proponent is 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 shall be deter- mined in accordance with

section 4.7.6 of the development agreement. 7.

(1) If the proponent has constructed a hydromet plant, in addi- tion to the exemption in

section 3, the lessee shall be exempt from the provisions of the production order with respect to the shipments of nickel concentrate containing up to a maximum total of 85,000 tonnes of contained nickel, commencing on the construction completion date.

(2) The exemption referred to in subsection (1) shall terminate on the earliest of the (

a) commercial production date; (

b) date on which the shipments of nickel concentrate by the lessee reach the total of 85,000 tonnes of contained nickel; and Suspension of shipping rights Determination of diligence Construction of hydromet plant

Voisey’s Bay Nickel Company Limited Nickel Concentrate Exemption Order 66/02 Extraordinary Gazette October 7, 2002 14 (c)date on which it is rescinded under subsection 31.1(3) of the Act. ©Earl G. Tucker, Queen's Printer

ST. JOHN'S, MONDAY, OCTOBER 7, 2002 15 Index Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Mineral Act Voisey’s Bay Nickel NLR 63/02 New Extra. Oct 7/02, p. 3 Company Limited Primary Production Order Voisey’s Bay Nickel NLR 64/02 New Extra. Oct 7/02, p. 5 Company Limited Copper Concentrate Exemption Order Voisey’s Bay Nickel NLR 65/02 New Extra. Oct 7/02, p. 7 Company Limited Matte Plant Exemption Order Voisey’s Bay Nickel NLR 66/02 New Extra. Oct 7/02, p. 11 Company Limited Nickel Concentrate Exemption Order