Common use of Goldfields Clause in Contracts

Goldfields. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God, Queen of Australia and Her Other Realms and Territories, Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining ▇▇▇ ▇▇▇▇, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN SELCAST (PTY) LIMITED a company incorporated under the Companies ▇▇▇ ▇▇▇▇ of the State of New South Wales and registered in the State of Western Australia as a foreign company and having its registered office at ▇▇ ▇▇ ▇▇▇▇▇▇’s Terrace Perth and MOUNT ISA MINES LIMITED a company incorporated under the Companies ▇▇▇ ▇▇▇▇ of the State of Queensland and registered in the State of Western Australia as a foreign company and having its registered office at ▇▇▇ ▇▇. ▇▇▇▇▇▇’s Terrace Perth (hereinafter called “the Joint Venturers” which expression includes the successors and permitted assigns of each of them) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Nickel (▇▇▇▇▇) Agreement ▇▇▇ ▇▇▇▇ — the State agreed to grant to the Joint Venturers on application made by the Joint Venturers a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining ▇▇▇ ▇▇▇▇ AND WHEREAS the Joint Venturers have now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Joint Venturers DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE JOINT VENTURERS subject to the provisions of the Agreement ALL THOSE pieces and parcels of land situated in the Gold Fields 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 nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone in, on, or under the said land (hereinafter called “the said mines”) together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining ▇▇▇ ▇▇▇▇, 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 Joint Venturers are entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever AND PROVIDED THAT mining on reserves created under the Land Act (other than for timber or mining) shall be confined to a depth of below fifteen (15) metres from the natural surface of the land TO HOLD the said land and the said mines and all and singular the premises hereby demised for the term of twenty‑one (21) years from the ....................... day of ................................ 19....... with the right to renew the same from time to time for further periods each of twenty‑one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement) YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Joint Venturers shall observe perform and carry out the provisions of the Mines Regulation ▇▇▇ ▇▇▇▇, and all amendments thereof for the time being in force and the regulations for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or minerals (other than those aforesaid) in any part of the land under the provisions of the Mining Act or the Petroleum ▇▇▇ ▇▇▇▇.

Goldfields. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God, Queen of Australia and Her Other Realms and Territories, Head of the Commonwealth: TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining ▇▇▇ ▇▇▇▇Act 1904, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an Agreement made between the State of Western Australia and WESTERN SELCAST (PTY) LIMITED a company incorporated under the Companies ▇▇▇ ▇▇▇▇ Act 1961 of the State of New South Wales and registered in the State of Western Australia as a foreign company and having its registered office at ▇▇ ▇▇ ▇▇▇▇▇▇’s Terrace Perth ’▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ and MOUNT ISA MINES LIMITED a company incorporated under the Companies ▇▇▇ ▇▇▇▇ Act 1961 of the State of Queensland and registered in the State of Western Australia as a foreign company and having its registered office at ▇▇▇ ▇▇. ▇▇▇▇▇▇’s Terrace Perth (hereinafter called “the Joint Venturers” which expression includes the successors and permitted assigns of each of them) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Nickel (▇▇▇▇▇) Agreement ▇▇▇ ▇▇▇▇ Act 1974 — the State agreed to grant to the Joint Venturers on application made by the Joint Venturers a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining ▇▇▇ ▇▇▇▇ Act 1904 AND WHEREAS the Joint Venturers have now made application for a mineral lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Joint Venturers DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE JOINT VENTURERS subject to the provisions of the Agreement ALL THOSE pieces and parcels of land situated in the Gold Fields 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 nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone in, on, or under the said land (hereinafter called “the said mines”) together with the 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 Joint Venturers are entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever AND PROVIDED THAT mining on reserves created under the Land Act (other than for timber or mining) shall be confined to a depth of below fifteen (15) metres from the natural surface of the land TO HOLD the said land and the said mines and all and singular the premises hereby demised for the term of twenty‑one (21) years from the ....................... day of ................................ 19....... with the right to renew the same from time to time for further periods each of twenty‑one (21) years as provided in but subject to the terms covenants and conditions set out in the Agreement and to the Mining Act (as modified by the Agreement) YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Joint Venturers shall 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 the provisions of the Mining Act (as modified by the Agreement) in so far as the same affect or have application to this lease or any renewal thereof. PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium, asbestos, silica and limestone) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum or minerals (other than those aforesaid) in any part of the land under the provisions of the Mining Act or the Petroleum ▇▇▇ ▇▇▇▇Act 1967.