(1) The State shall exempt from any stamp duty which but for the operation of this Clause would or might be chargeable thereon —
49 (1) The State shall exempt from any stamp duty which but for the operation of this Clause would or might be chargeable thereon —
this Agreement;
any instrument executed by the State pursuant to this Agreement granting to or in favour of the Company or any associated company or permitted assignee of the Company any tenement lease easement licence or other right or interest;
any assignment sublease or disposition (other than by way of mortgage or charge) and any appointment to or in favour of the Company or an associated company of any interest right obligation power function or authority made pursuant to the provisions of Clause 41.
This Clause does not apply to any instrument or other document executed or made more than seven years after the date of the execution hereof.
Arbitration 2
50.
Any dispute or difference between the parties arising out of or in connection with this Agreement the construction of this Agreement or as to the rights duties or liabilities of either party hereunder or as to any matter to be agreed upon between the parties under this Agreement shall in default of agreement between the parties and in the absence of any provision in this Agreement to the contrary be referred to the arbitration of two arbitrators one to be appointed by each party the arbitrators to appoint their umpire before proceeding in the reference and every such arbitration shall be conducted in accordance with the provisions of the Arbitration Act 1895.
Except where proposals are pursuant to the provisions of this Agreement referred to arbitration, the provisions of this Clause shall not apply to any case where the State the Minister or any other Minister in the Government of the said State is by this Agreement given either expressly or impliedly a discretionary power.
The arbitrators or umpire (as the case may be) of any submission to arbitration hereunder are hereby empowered upon the application of either of the parties to grant in the name of the Minister any interim extension of any period or variation of any date referred to herein which having regard to the circumstances may reasonably be required in order to preserve the rights of that party or of the parties hereunder and an award may in the name of the Minister grant any further extension or variation for that purpose.
Applicable Law 2
51. This Agreement shall be interpreted according to the law for the time being in force in the said State.
SCHEDULE
WESTERN AUSTRALIA
Mining Act 1904
MINERAL LEASE
LEASE NO. MINERAL FIELD
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Australia and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM these presents shall come,
GREETING:
KNOW YE that —
WHEREAS by an Agreement made the day of 1973 between the Honourable JOHN TREZISE TONKIN, MLA the Premier of the State of Western Australia acting for and on behalf of the said State and its instrumentalities for the time being (hereinafter called “the State”) of the one part and NORTHERN MINING CORPORATION N.L. a company incorporated under the Companies Act 1961 of the State of Victoria and having its registered office in the State of Western Australia at
(in the said Agreement and herein called “the Company” which expression shall include the successors and permitted assigns and appointees of the Company) of the other part (being the agreement referred to in section 2 of the Iron Ore (Murchison) Agreement Authorization Act 1973) the State agreed to cause to be granted to the Company a mineral lease or leases.
AND WHEREAS the said Agreement was executed by the State pursuant to the authority granted by the Iron Ore (Murchison) Agreement Authorization Act 1973 and the same operates and takes effect as provided in the said Act.
NOW WE in consideration of the rents and royalties reserved by and of the provisions of the said Agreement and in pursuance of the said Act DO BY THESE PRESENTS GRANT AND DEMISE unto the Company subject to the said provisions ALL THOSE pieces and parcels of land situated in the
Gold Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) and particularly described and delineated on the plan in the Schedule hereto and all those mines, veins, seams, lodes and deposits of iron ore in on or under the said land (hereinafter called “the said mine”) together with all rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904, including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Company is entitled under the said Agreement TO HOLD the said land and mine and all and singular the premises hereby demised for the full term of twenty‑one years from the day of 19 with the right to renew the same from time to time for further periods each of twenty‑one years as provided in but subject to the said Agreement for the purposes of the said Agreement but upon and subject to the terms covenants and conditions set out in the said Agreement and to the Mining Act (as modified by the said Agreement) YIELDING and paying therefor the rent and royalties as set out in the said Agreement. AND WE do hereby declare that this lease is subject to the observance and performance by the Company of the following covenants and conditions, that is to say —
that the Company shall and will use the land bona fide exclusively for the purposes of the said Agreement;
subject to the provisions of the said Agreement the Company shall and will observe, perform, and carry out the provisions of the Mines Regulation Act 1946, and all amendments thereof for the time being in force and the regulations for the time being in force made thereunder and (subject to and as modified by the said Agreement) those of the Mining Act in so far as the same affect or have reference to this lease; and
that the Company shall if required by the Minister for Mines supply information of a geological nature relating to the Company’s operations on the demised land.
PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the provisions of the said Agreement.
PROVIDED FURTHER that all petroleum on or below the surface of the demised land is reserved to Her Majesty with the right to Her Majesty or any person claiming under her or lawfully authorised in that behalf to have access to the demised land for the purpose of searching for and for the operations of obtaining petroleum in any part of the land under the provisions of the Petroleum Act 1967.
IN WITNESS whereof we have caused our Minister for Mines to affix his seal and set his hand hereto at Perth in our said State of Western Australia and the common seal of the Company has been affixed hereto this day of 19
THE SCHEDULE ABOVE REFERRED TO
In WITNESS whereof this Agreement has been executed the day and year first hereinbefore written.
SIGNED by the said THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., in the presence of — |
MINISTER FOR DEVELOPMENT
AND DECENTRALISATION.
MINISTER FOR MINES.
The common seal of NORTHERN MINING CORPORATION N.L. was hereunto affixed with the authority of a resolution of the Board of Directors and in the presence of — |
DIRECTOR.
SECRETARY.
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