Aurukun Associates Agreement Act 1975 (Qld)

Queensland AURUKUN ASSOCIATES AGREEMENT ACT 1975 Reprinted as in force on 22 January 2001 (includes amendments up to Act No. 20 of 2000) Reprint No. 1A revised edition This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 22 January 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other. Revised edition indicates further material has affected existing material. For example— • a correction • a retrospective provision • other relevant information.

Queensland AURUKUN ASSOCIATES AGREEMENT ACT 1975 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Execution of agreement authorised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Executed agreement to have force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Variation of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4A Application of GST to rents after 30 June 2005 . . . . . . . . . . . . . . . . . . . . . . 8 5 Constitution of town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Proclamations and orders in council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART I—PRELIMINARY 1 Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3 Statutory authorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Exemption from stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5 Variation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART II—PROPER CARE OF THE ENVIRONMENT 1 Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 2 Environmental studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 3 Reports on studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4 Consents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5 Use of information in reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PART III—SPECIAL BAUXITE MINING LEASE 1 Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 2 Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

2 Aurukun Associates Agreement Act 1975 3 Initial term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 4 Purposes of Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . . . . . . . . . 22 5 Form and content of Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . 22 6 Renewal of Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . . . . . . . . . 23 7 Geological investigations before mining . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 8 Geological investigations after mining commences . . . . . . . . . . . . . . . . . . . 24 9 Survey for infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 10 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 11 Rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 12 Expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 13 Royalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 14 Refinery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 15 Smelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 16 Certain obligations to cease on construction of smelter . . . . . . . . . . . . . . . . 29 17 Ancillary powers for refinery or smelter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 18 Export . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 19 Good mining practice restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Surface rights to others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 21 Mines Regulation Act to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 22 Shell, shell-grit, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 23 Mining Lease for coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 24 Renewal of Mining Lease for coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 25 Rights without royalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 26 Other Mining Leases within Special Bauxite Mining Lease . . . . . . . . . . . . 36 27 Special Mining Purposes Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 PART IV—PROVISIONS RELATING TO WATER 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2 Companies’ rights to water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 3 Water requirements to be notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 4 Bores, wells etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 5 Advice of yearly water use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 6 Surplus water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

3 Aurukun Associates Agreement Act 1975 7 Right to discharge water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 8 Cessation of rights on termination of Special Bauxite Mining Lease . . . . . 45 9 Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 10 Water Act to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 PART V—PROVISIONS RELATING TO HARBOUR AND WORKS 1 Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 2 Harbour defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 3 Survey and construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 4 Agreement with Harbour Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 5 Management of harbour works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 6 Lodgement of security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 7 Terms of security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 8 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 9 Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 10 Harbours Act to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 11 Harbour master . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 12 Land for harbour and harbour purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 13 Companies’ powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART VI—PROVISIONS RELATING TO LOCAL GOVERNMENT 1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 2 Town and public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 3 Townsite within Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . . . . . 56 4 Townsite within coastal lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5 Survey and town planning scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 6 Development of town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 7 Town planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 8 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 9 Financial arrangements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 10 Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 11 Separate Local Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

4 Aurukun Associates Agreement Act 1975 PART VII—PROVISIONS RELATING TO LANDS 1 Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 2 Acquisition by agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 3 Resumption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4 Special Leases consequent upon resumption . . . . . . . . . . . . . . . . . . . . . . . . 61 5 Dedication for public use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 6 Special Lease co-extensive with Special Bauxite Mining Lease . . . . . . . . 62 7 Renewal of Special Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 8 Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 9 Freehold titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 10 Road dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 PART VIII—GENERAL 1 Relevant law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 2 Electric power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 3 Supply of electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 4 Services by the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 5 Ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 6 No discriminatory taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 7 Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 8 Access across Comalco lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 9 Access across Special Bauxite Mining Lease . . . . . . . . . . . . . . . . . . . . . . . 68 10 Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 11 Default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 12 Lease of forfeited lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 13 Non-actionable default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 14 Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 15 Reference to Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 16 Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 17 Related Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 18 Quiet Enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 19 Agreement with Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 20 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

5 Aurukun Associates Agreement Act 1975 21 Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 22 No partnership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 23 Lessees’ fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 24 Head notes not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 FIRST SCHEDULE . . . . . . . . . . . . . . . . . . . 79 GUIDELINES FOR ENVIRONMENTAL STUDIES SECOND SCHEDULE . . . . . . . . . . . . . . . . 84 PARTICULARS OF LAND FORMING THE SPECIAL BAUXITE MINING LEASE THIRD SCHEDULE . . . . . . . . . . . . . . . . . . 86 AGREEMENT BETWEEN DIRECTOR AND COMPANIES FOURTH SCHEDULE . . . . . . . . . . . . . . . . 95 FIFTH SCHEDULE—No. 1 . . . . . . . . . . . . 101 FIFTH SCHEDULE—No. 2 . . . . . . . . . . . . 105 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 110 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

s1 7 s2 Aurukun Associates Agreement Act 1975 AURUKUN ASSOCIATES AGREEMENT ACT 1975 [as amended by all amendments that commenced on or before 22 January 2001] An Act with respect to an agreement between the State, Tipperary Corporation, Billiton Aluminium Australia B.V. and Aluminium Pechiney Holdings Pty. Limited and for purposes incidental thereto and consequent thereon ˙ Short title 1. This Act may be cited as the Aurukun Associates Agreement Act 1975 . ˙ Execution of agreement authorised 2.(1) The Premier is hereby authorised to make, for and on behalf of the © State of Queensland, with Tipperary Corporation, a company incorporated in the State of Texas in the United States of America and registered in Queensland, its registered office being at Suite 506, National Bank Building, 180 Queen Street, Brisbane, Queensland, Billiton Aluminium Australia B.V., a company incorporated in Holland and registered in Queensland, its registered office being at Shell House, 301 Ann Street, Brisbane, Queensland, and Aluminium Pechiney Holdings Pty. Limited, a company incorporated in the State of New South Wales and recognised in Queensland, its principal office in Queensland being at the offices of John P. Kelly & Co., Prudential Building, Queen Street, Brisbane, Queensland, the agreement, a copy of which is set out in the schedule to this Act. (2) The companies particularised in this section with their and each of their successors and permitted assigns are in this Act referred to as “the companies” .

s 3 8 s 4A Aurukun Associates Agreement Act 1975 (3) The agreement referred to in this section is in this Act referred to as “the agreement” . ˙ Executed agreement to have force of law 3.(1) Upon the making of the agreement the provisions thereof shall have the force of law as though the agreement were an enactment of this Act. (2) The Governor in Council shall by proclamation notify the date of the making of the agreement. ˙ Variation of agreement 4.(1) The agreement may be varied pursuant to agreement between the Premier and the companies with the approval of the Governor in Council by order in council and no provision of the agreement shall be varied nor shall the powers and rights of the companies under the agreement be derogated from except in such manner. (1A) Any alleged variation of the agreement not made and approved in such manner shall be void and of no legal effect whatsoever. (2) Unless and until the Legislative Assembly, in accordance with section 6(4), disallows an order in council approving a variation (made in the prescribed manner) of the agreement the provisions of the agreement making the variation shall have the force of law as though those provisions were an enactment of this Act. ˙ Application of GST to rents after 30 June 2005 4A.(1) This section applies to rent payable after 30 June 2005 under— (a) this Act; or (b) the agreement; or (c) a lease granted under, or mentioned in, the agreement. (2) If the rent is for a supply for which GST is payable, the rent payable is the total of— (a) the rent that would have been payable if the rent were not for a supply for which GST is payable; and

s5 9 s6 Aurukun Associates Agreement Act 1975 (b) 10% of the rent that would have been payable if the rent were not for a supply for which GST is payable. (3) Subsection (2) applies despite— (a) sections 2 to 4; or (b) the agreement; or (c) the Mineral Resources Act 1989 . (4) A reference in this section to the agreement includes any amendment of the agreement. ˙ Constitution of town 5.(1) The powers conferred on the Governor in Council by the Local Government Act 1936 , section 5 include power to alter the boundaries of the area of the local authority in which is situated the townsite selected in accordance with part 6 of the agreement by excluding from that area that townsite or that townsite together with such other land as the Governor in Council thinks fit and including that townsite or that townsite together with such other land, as the case may be, in a town to be constituted by the same or another order in council as if that town were, immediately prior to such exclusion, an area within the meaning of the Local Government Act 1936 . (2) The town so constituted shall, on and from a date specified in the order in council by which it is constituted, be deemed to be a town constituted under the Local Government Act 1936 and the provisions of that Act shall apply accordingly. ˙ Proclamations and orders in council 6.(1) Any proclamation or order in council provided for in this Act or in the agreement may be made by the Governor in Council and, in addition, the Governor in Council may from time to time make all such proclamations and orders in council not inconsistent with the agreement or with any agreement varying the agreement as the Governor in Council shall think necessary or expedient to provide for, enable and regulate the carrying out of the provisions of the agreement or any of them. (2) Any such proclamation or order in council may be revoked or altered by another proclamation or order in council which is not inconsistent with

s 6 10 s 6 Aurukun Associates Agreement Act 1975 the agreement or with any agreement varying the agreement. (3) Every such proclamation or order in council shall— (a) be published in the gazette; (b) upon publication in the gazette be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) be laid before the Legislative Assembly within 14 sitting days after such publication if the Legislative Assembly is in session, and if not, then within 14 sitting days after the commencement of the next session. (4) If the Legislative Assembly passes a resolution of which notice has been given at any time within 14 sitting days after any such proclamation or order in council has been laid before it disallowing such proclamation or order in council or any part thereof, that proclamation or order in council or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further proclamation or order in council.

11 Aurukun Associates Agreement Act 1975 ¡ SCHEDULE 1 section 2 AN AGREEMENT made the day of 1975 between THE STATE OF QUEENSLAND of the First Part, TIPPERARY CORPORATION incorporated in Texas, United States of America, and registered in the State of Queensland and having its registered office at care of MacGillivary, Halligan and Thompson, Suite 506, 5th Floor, National Bank Building, 180 Queen Street, Brisbane in the said State (hereinafter with its successors and permitted assigns referred to as “Tipperary”) of the Second Part, BILLITON ALUMINIUM AUSTRALIA B.V. incorporated in Holland and registered in the State of Queensland and having its registered office at the 4th Floor, Shell House, 301 Ann Street, Brisbane, in the said State (hereinafter with its successors and permitted assigns referred to as “Billiton”) of the Third Part, and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED a Company incorporated in the State of New South Wales and recognized in the State of Queensland and having its principal office in Queensland at care of Messrs. John P. Kelly & Co., Solicitors, Prudential Building, Queen Street, Brisbane aforesaid (hereinafter with its successors and permitted assigns referred to as “Pechiney”) of the Fourth Part. WHEREAS Tipperary, Billiton and Pechiney are the holders as tenants in common in the interests of forty per centum, forty per centum and twenty per centum respectively of Authority to Prospect Number 493M issued pursuant to section 23A of The Mining Acts 1898 to 1967 and section 12A of The Mining on Private Land Acts 1909 to 1965 which Authority to Prospect subject to the due performance and observance of the provisions of such Acts and the terms, conditions, provisions and stipulations of such Authority to Prospect on the part of the holders to be performed and observed, entitles the holders at any time during the period of such Authority to Prospect to apply for and have granted to them in 1 Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.

12 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) priority to any person or company a mining lease for the minerals specified in clause 5 of such Authority to Prospect over any part of the lands comprised within such Authority to Prospect: AND WHEREAS deposits of bauxite have been found to exist over and under a considerable part of the surface of the area held under the aforesaid Authority to Prospect and the Companies desire to bring the said deposits into production and to produce bauxite and alumina: AND WHEREAS the Companies are prepared to provide and expend the large capital amount required for these and associated purposes; AND WHEREAS the Companies have entered into an agreement dated the day of 1975 with the Director as Trustee of the Reserve in respect of their responsibilities and obligations to him on behalf of Aborigines: AND WHEREAS the State is satisfied that a very large capital expenditure is necessary to ensure that such bauxite deposits are efficiently and economically developed for a lengthy period and that it is in the interests of the State that such bauxite deposits should be developed by large scale operations and that the Companies are technically capable of so developing these deposits: AND WHEREAS it is therefore desirable that in consideration of the Companies entering into the obligations on their part hereinafter set out the Companies should be granted the titles, rights and privileges hereinafter mentioned. PART I—PRELIMINARY Now, therefore, it is hereby agreed as follows:— ˙ Preliminary 1. This Agreement shall be divided into Parts as follows:— PART I—PRELIMINARY; PART II—PROPER CARE OF THE ENVIRONMENT;

13 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) PART III—SPECIAL BAUXITE MINING LEASE; PART IV—PROVISIONS RELATING TO WATER; PART V—PROVISIONS RELATING TO HARBOUR AND WORKS; PART VI—PROVISIONS RELATING TO LOCAL GOVERNMENT; PART VII—PROVISIONS RELATING TO LANDS; PART VIII—GENERAL. ˙ Interpretation 2.(1) In this Agreement unless the context otherwise requires the general terms following shall have the meanings respectively assigned to them— “the Act” means the Aurukun Associates Agreement Act 1975. “Authority to Prospect” means Authority to Prospect No. 493M. “the Coal Mining Act” means the Coal Mining Act1925-1974. “the Companies” shall where the context permits mean and include the persons for the time being entitled to the said Authority to Prospect and/or the Special Bauxite Mining Lease and where more than two persons are so entitled the words “either of them” when used in relation to the Companies shall be read and construed as “any of them”. “the Companies Act” means the Companies Act 1961-1974. “Co-ordinator-General” means the corporation sole constituted under section 8A of The State Development and Public Works OrganisationAct of 1938, as subsequently amended, and preserved, continued in existence and constituted under section 11 of the State and RegionalPlanningandDevelopment,PublicWorksOrganizationandEnvironmental Control Act1971. “the Corporation” means the Corporation of the Treasurer of Queensland the corporation sole constituted by The Harbour Board Acts 1892 to 1952 and continued by the Harbours Act.

14 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) “the date of commencement of this Agreement” means the date notified by the Governor in Council by Proclamation. “the date of commencement of the Special Bauxite Mining Lease” means the date hereof. “designated minerals” means bauxite and other ores of aluminium together with the ores of calcium and of fluorine and coal and any other mineral found in combination or association with any of the aforementioned ores and required by the Companies for any purpose necessary, directly or indirectly, to effectually carry on any of the Companies’ operations as defined by this Agreement and also any mineral which the Governor in Council may at any time by Order in Council declare to be a designated mineral for the purposes of this Agreement or of any lease, licence or other right granted hereunder being a mineral similarly required by the Companies for any such purpose as aforesaid. “the Director” means the person who holds the appointment of Director of Aboriginal and Islanders Advancement of the State of Queensland and includes a person temporarily discharging the functions of the Director. “financial year” means the period from and including the first day of July in one year to and including the thirtieth day of June in the year next following. “the harbour” means any harbour constructed pursuant to the provisions of this Agreement. “the Harbour Board” means the Harbour Board constituted for the harbour pursuant to clause 2 of Part V. “harbour works” means harbour works as that term is defined in section 8 of the Harbours Act. “the Harbours Act” means the Harbours Act 1955-1972. “the Land Act” means the Land Act 1962-1975. “the Local Government Act” means the Local Government Act 1936–1975. “materials” for the purposes of Part V means all designated minerals,

15 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) alumina or aluminium and all other substances and supplies which might be exported or imported for the purposes of this Agreement through the harbour referred to in that Part V by the Companies or by any person nominated or approved by the Companies. “the Mining Act” means the Mining Act1968-1974. “Minister” means in relation to Parts I and VIII the Premier of Queensland and in relation to any other Part hereof the Minister designated in such Part. “Part” means a Part of this Agreement. “person” means any person, firm, authority or body whether incorporated or not. “refinery” means a refining plant in which bauxite is treated to produce alumina. “related company” means a related company or related corporation, as either of those terms is defined by the Companies Act. “the Reserve” means Reserve for the benefit of the Aboriginal Inhabitants of the State, Aurukun, Counties of Kendall, Lukin, Pera and Weipa, area about 7 503 square kilometres being Reserve (R.3) as shown on plan Pa.3 deposited in the Survey Office placed under the control of the Director as trustee as specified by Order in Council dated the twenty- fourth day of February, 1972. “rivers” means the Watson and Archer Rivers and their respective tributaries. “smelter” means an electrolytic reduction plant for the conversion of alumina to aluminium using alumina produced from bauxite. “Special Bauxite Mining Lease” means the lease of land granted pursuant to the provisions of this Agreement for the purposes set out in clause 4 of Part III. “Special Mining Purposes Lease” means a lease of land granted pursuant to the provisions of this Agreement for the purposes set out in clause 27 of Part III. “the State” means the State of Queensland.

16 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) “the town” means the town established pursuant to the provisions of Part VI. “the Treasurer” means the Treasurer of Queensland. “the Tribunal” means the Tribunal constituted pursuant to clause 16 of Part VIII. “the Water Act” means the Water Act 1926–1975. (2) The singular includes the plural and the plural the singular. (3) Any reference to an Act or Acts shall include that Act or those Acts and any Act amending or in substitution therefor. ˙ Statutory authorisation 3. The making of this Agreement is authorised by the Parliament of the State expressed in an Act entitled the Aurukun Associates Agreement Act 1975. ˙ Exemption from stamp duty 4.(1) In order to encourage and assist the Companies in providing for and carrying out the construction of the refinery referred to in clause 14 of Part III the following arrangements in respect of stamp duty or similar duty shall apply. (2) The State shall exempt from stamp duty or similar duty this Agreement and any contract entered into by the Companies for the purposes of this Agreement or any document ancillary to such contract or in implementation thereof where the other party to such document or contract is the State, a State Corporation or State Instrumentality and any copy of the aforesaid documents. (3) The Companies shall advise the Minister as necessary as to arrangements being or to be made to facilitate commencement of the construction of the refinery and from the time the Minister is satisfied that those arrangements are such that the construction of the refinery will proceed, or in the case of a dispute as from the time the Tribunal is so satisfied, the State shall exempt from stamp duty or similar duty documents

17 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) as specified hereunder in this subclause which are executed after such time: (a) any document in respect of the borrowing or lending of money outside Australia for the purposes hereof; (b) any document relating to the transfer of the benefit hereof or any part hereof or any interest hereunder from the Companies or any or either of them to either or both of the other or others of them or to any other company or other companies; (c) any document relating to the transfer of any interest in any property, real or personal transferred or agreed to be transferred in connection with any such transfer; (d) any copy of any of the aforesaid documents. In any case where the Companies or any of them have sought such exemption and the Minister and the Tribunal were not so satisfied, the State shall, if the Minister or the Tribunal subsequently becomes so satisfied, refund to the Company or Companies entitled thereto any stamp duty or similar duty which has been paid and which would not have been payable if the Minister or the Tribunal had been so satisfied in the first instance. (4) (a) The exemption conferred upon the Companies pursuant to paragraphs (b), (c) and (d) of subclause (3) of this clause shall not apply to any agreement or document which shall have the effect of reducing the combined interests of Tipperary Corporation, Billiton Aluminium Australia B.V. and Aluminium Pechiney Holdings Pty. Limited in this Agreement or in and to the Special Bauxite Mining Lease below fifty per centum of the interests of all persons other than the State in and to such Agreement or Special Bauxite Mining Lease, or any document in connection with any such agreement or document. (b) Upon the combined interests of Tipperary Corporation, Billiton Aluminium Australia B.V. and Aluminium Pechiney Holdings Pty. Limited becoming less than fifty per centum of the interests of all persons other than the State in and to this Agreement or the Special Bauxite Mining Lease the exemption granted by paragraphs (b), (c) and (d) of subclause (3) of this clause shall cease. (c) For the purpose of the preceding paragraphs (a) and (b) of this subclause (4) the interests of Tipperary Corporation, Billiton Aluminium

18 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) Australia B.V. and Aluminium Pechiney Holdings Pty. Limited and persons other than the State in this Agreement or the Special Bauxite Mining Lease may be either direct interests therein or indirect interests by way of shareholdings in a company or companies to which the interest of the Companies in this Agreement and the Special Bauxite Mining Lease have been or are to be transferred as the case requires. (d) For the purpose of this clause, the proportionate interests of Tipperary Corporation, Billiton Aluminium Australia B.V. and Aluminium Pechiney Holdings Pty. Limited in the Agreement are forty per centum, forty per centum, and twenty per centum respectively, and shall not be deemed to be reduced in the case of a transfer under the provisions of subclause (1) of clause 7 of Part VIII. (5) Notwithstanding anything to the contrary herein contained or implied the exemptions conferred in subclauses (2) and (3) of this clause shall cease and determine upon the commencement of operation of the refinery and for this purpose the Companies shall be deemed to have commenced operation of the refinery on that date which shall be the last day of the first period of thirty consecutive days during which the refinery shall have produced alumina for or on behalf of the Companies or either of them at an average daily rate equal to fifty per centum of the rated daily capacity of the said refinery. The “rated daily capacity” shall have the same meaning as in subclause (7) of the said clause 14 of Part III. ˙ Variation 5. This Agreement may be varied pursuant to agreement between the Minister and the Companies with the approval of the Governor in Council by Order in Council and no provision of this Agreement shall be varied nor shall the powers and rights of the Companies hereunder be derogated from except in such manner.

19 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) PART II—PROPER CARE OF THE ENVIRONMENT ˙ Minister 1. In this Part “the Minister” means the Premier of Queensland or the Minister of the Crown for the time being charged with the administration of the StateandRegionalPlanningandDevelopment,PublicWorksOrganization and Environmental Control Act1971-1974. ˙ Environmental studies 2.(1) The Companies shall either themselves or by their servants and agents or by engaging the services of consultants approved by the Environmental Control Council (the body established pursuant to the StateDevelopment and Public Works Organisation Act Amendment Act1970 and continued in existence by the StateandRegionalPlanningandDevelopment, Public Works Organization and Environmental Control Act1971) make environmental studies in accordance with the guide lines particulars whereof are set out in the First Schedule hereto to control the nature and extent of such studies. (2) Such studies shall cover all sites included in and/or affected by any of the Companies’ operations under and pursuant to this Agreement, provided that study in respect of a smelter within the State may be deferred until the investigations referred to in subclause (1) of clause 15 of Part III into the economic possibility of constructing and operating such smelter are being made. ˙ Reports on studies 3. The Companies shall furnish to the Co-ordinator-General for transmission to the Minister and to other Ministers concerned and to appropriate statutory authorities reports on the environmental studies relating to— (i) all mining operations and associated activities; (ii) the refinery referred to in clause 14 of Part III;

20 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) (iii) water supply to mine, refinery, harbour and town; (iv) harbour and harbour works; (v) town and service routes; (vi) land required for the purposes of this Agreement; (vii) smelter. ˙ Consents 4.(1) The Companies shall not commence any mining or other development referred to in clause 3 of this Part II unless and until the Minister and the relevant statutory authorities have approved in writing the proposal of the Companies in relation thereto for the proper care of the environment. (2) In case any question, difference or dispute shall arise in relation to such proposal the Companies may upon giving notice to the Minister require the Minister to, or likewise the Minister may after giving notice to the Companies refer such question, difference or dispute to the Tribunal save in those cases where appeal provisions are provided by law. (3) For the purposes of subclause (2) of this clause, a question, difference or dispute shall be deemed to have arisen if in the opinion of the Companies such proposal has not been either approved or rejected by the Minister and the relevant statutory authorities within a reasonable time. (4) Such proposal shall be enforced where necessary, through conditions applied in connection with those approvals, Special Bauxite Mining Lease, or other leases, permits, licences or rights to be granted for the operations of the Companies under and pursuant to this Agreement and is hereby authorised to be so enforced. ˙ Use of information in reports 5. Information in the reports on environmental studies submitted to the Co-ordinator-General for transmission to the Minister and to other Ministers concerned and to statutory authorities may be used as the Minister or other Minister or statutory authority in his or its sole discretion sees fit,

21 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) save that information which the Companies consider should be treated as confidential and which in the opinion of the Minister should be so treated will be made available only to the relevant Ministers or statutory authorities for their confidential information and the confidential information of their officers. PART III—SPECIAL BAUXITE MINING LEASE ˙ Minister 1. In this Part “the Minister” means the Minister for Mines and Energy of Queensland or the Minister of the Crown for the time being charged with the administration of the Mining Act. ˙ Special Bauxite Mining Lease 2.(1) Having prior to the execution of this Agreement satisfied the Minister that bauxite is present in commercial quantities and that there is available to the Companies from all sources an adequate supply of water for the purposes of this Agreement, and provided that the Companies shall prior to the execution of this Agreement have made due application therefor, there shall be granted to the Companies as tenants in common in the interests inter se in which they presently hold the Authority to Prospect forthwith upon the signing of this Agreement a Special Bauxite Mining Lease over the land specified in the Second Schedule hereto. (2) The Companies shall contemporaneously with the grant of the said Special Bauxite Mining Lease surrender the said Authority to Prospect. (3) Notwithstanding the provisions of subsection (3) of section 44 of the Mining Act the Companies shall have the right to disturb those parts of the surface of the Reserve included in the said Special Bauxite Mining Lease to the extent necessary to enable them to exercise all the rights and powers granted to them pursuant to this Agreement subject always to the terms of

22 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) the agreement entered into between the Director as trustee of the Reserve and the Companies which is set out in the Third Schedule hereto. ˙ Initial term 3. The initial term of the said Special Bauxite Mining Lease shall be forty-two years. ˙ Purposes of Special Bauxite Mining Lease 4. The purposes for which the Special Bauxite Mining Lease shall be granted shall be— (a) for mining and treating all or any of the designated minerals other than coal and for all purposes necessary directly or indirectly effectually to carry on such mining and treatment; (b) for erecting thereon any houses, buildings, plant and machinery for use directly or indirectly in connection with such mining or treatment; (c) for constructing or erecting thereon any roads, works for the recovery of salt from sea water or other works whatsoever required by the Companies for any purpose necessary, directly or indirectly, to effectually carry on any of the Companies’ operations as defined by this Agreement; (d) for any other purposes (whether manufacturing or otherwise) incidental to or connected with the carrying out within the Special Bauxite Mining Lease of all or any of the provisions or purposes of this Agreement and the carrying on within the Special Bauxite Mining Lease of the activities of the Companies hereunder. ˙ Form and content of Special Bauxite Mining Lease 5.(1) Notwithstanding the provisions of any other Act or Regulations to the contrary, the Special Bauxite Mining Lease shall be in the form and contain the conditions set out in the Fourth Schedule hereto. (2) As from the date on which they become entitled to the grant of the

23 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) Special Bauxite Mining Lease and pending the issue of that Lease the Companies subject to the provisions of clause 4 of Part II shall be entitled to occupy the area to be comprised therein and to exercise all the rights and powers to be granted thereby. (3) The lands comprised in Authority to Prospect Number 493M or in the Special Bauxite Mining Lease shall not be proclaimed to be or included within a mining field within the meaning of the Mining Act. (4) The provisions of the Mining Act except insofar as they are varied or modified by this Agreement shall apply to this Agreement and to the Special Bauxite Mining Lease or a Special Mining Purposes Lease granted hereunder: Provided that should the Companies have carried out the terms of this Agreement the sections of the Mining Act relating to labour and expenditure shall not apply to the Special Bauxite Mining Lease or a Special Mining Purposes Lease granted hereunder. ˙ Renewal of Special Bauxite Mining Lease 6. At a time not being earlier than five years nor later than one year prior to the date of the expiration of the term of the Special Bauxite Mining Lease the Companies may apply for a renewal of such Lease and subject to there being no existing breach or non-observance of any of the provisions of the Special Bauxite Mining Lease, the Governor in Council shall thereupon grant a renewal thereof for a period of twenty-one years from the date of the expiration of the said term upon the same conditions as apply during the said term (but excluding the provisions of this clause and those of clause 24 of this Part): PROVIDED HOWEVER that should circumstances prevailing at such time in the opinion of the Premier of Queensland alter significantly the factors upon which the environmental impact studies or the conditions for protection of the environment referred to in Part II were based, such further environmental impact studies as may be agreed upon between the Premier of Queensland and the Companies shall be undertaken by the Companies before the date of the expiration of the term of such Special Bauxite Mining Lease and such varied conditions for protection of the environment as may be similarly agreed upon shall be applied to the renewal of such Special Bauxite Mining Lease for the said period of twenty-one years.

24 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Geological investigations before mining 7. Save as is herein otherwise provided until such time as they commence mining operations for any of the designated minerals the Companies shall furnish to the Minister within three months after the date of expiration of each period of six months commencing on the date of commencement of the Special Bauxite Mining Lease particulars of any geological geochemical and/or geophysical investigations they make in relation to designated minerals on the Special Bauxite Mining Lease and upon surrender by the Companies to the State of any area comprised in the Special Bauxite Mining Lease other than an area on which the Companies have completed their mining operations for designated minerals, the Companies shall furnish to the Minister within three months of the date of such surrender the results of any such investigations made on the said area and also a print of each aerial photograph of the said area taken by or for the Companies in the course of such investigations. ˙ Geological investigations after mining commences 8. The Companies shall either themselves or by their servants and agents or by engaging the services of consultants or contractors conduct such geological geochemical and/or geophysical investigations, surveys and/or boring, pitting and other testing on the Special Bauxite Mining Lease as they consider necessary for the mining of the designated minerals and make available to the Minister details of all investigations, surveys, boring, pitting and other testing and the result thereof including, in particular, plans showing the location and depth of all boring with available details of reduced levels and available details of the chemical composition of the designated minerals in each such boring and a determination and description of the areas considered by the Companies to contain bauxite of economic grade with estimated tonnages thereof. Such details and plans shall be furnished by the Companies to the Minister within six months after the thirty-first day of December each year during the term of the Special Bauxite Mining Lease. Such details and plans shall be submitted in the form of a report or reports.

25 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Survey for infrastructure 9. The Companies shall either themselves or by their servants and agents or by engaging the services of consultants: (a) make such investigations and surveys as are necessary to locate the site or sites for ports, airfields, townships, plant and other facilities required for or in connection with the mining of the designated minerals and the production of alumina and other products and make available to the Minister for Tourism and Marine Services details of such investigations and surveys in so far as they relate to ports, harbours and harbour works; (b) make such investigations and surveys as they may consider necessary for determining the areas required for residential purposes to service the mining, treatment and other operations of the Companies; (c) have regard in carrying out such investigations and surveys to the conditions required for the proper care of the environment in terms of the guidelines detailed in the First Schedule. ˙ Reports 10. Save as is otherwise hereinafter in this clause provided information and reports furnished by the Companies to the Minister in pursuance of the provisions of clauses 7 and 8 of this Part, shall unless otherwise agreed by the Companies, be treated as confidential by the Minister and his officers; information and reports supplied in respect of areas that have been surrendered under the provisions of this Agreement may be used as the Minister, in his sole discretion, sees fit. ˙ Rent 11. The Companies shall pay a rent for all land held under the Special Bauxite Mining Lease— (a) during the first period of five years from the date of commencement of the Special Bauxite Mining Lease at the rate per annum of Three dollars ($3.00) per square kilometre;

26 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) (b) during the next period of ten years at the rate per annum of Six dollars ($6.00) per square kilometre; and (c) thereafter at such rate per annum or part thereof not being less than Twelve dollars ($12.00) per square kilometre and not more than Twenty dollars ($20.00) per square kilometre as the Governor in Council on the recommendation of the Minister and having regard to all the then circumstances shall from time to time determine. ˙ Expenditure 12. The Companies in carrying out their obligations under this Agreement shall during the currency of this Agreement expend either themselves or by or through any related company of any of the Companies or otherwise howsoever directly or indirectly whether on capital or revenue account not less than the following sums: (a) From the date of commencement of this Agreement and until the date (herein called “the expenditure date”) which shall be the earlier of those dates being the date of commencement of the construction of a refinery pursuant to clause 14 of this Part and the date when the Companies shall commence mining operations within the bauxite field the sum of $50,000 per annum; (b) As at and from the expenditure date— (i) During the first year after the expenditure date—$1,000,000; (ii) During each of the second and third years after the expenditure date—$1,250,000; (iii) During each of the years from the fourth to the eighth (both inclusive) after the expenditure date—$1,500,000; (iv) During each of the years from the ninth to the eleventh (both inclusive) after the expenditure date—$3,000,000; (v) In each succeeding year—$5,000,000.

27 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Royalty 13. Notwithstanding the provisions of clause 6 of Part VIII the Companies shall pay to the Minister by way of royalty in respect of designated minerals won by the Companies a sum at the rates and in the manner from time to time prescribed by Regulations for the time being under the Mining Act in force in relation to royalty payable on minerals won from mining tenements. ˙ Refinery 14.(1) The Companies shall cause to be completed such investigations and studies as may be necessary into the economic feasibility of establishing a refinery having a capacity for production of alumina of not less than 600 000 tonnes per annum and shall furnish to the Minister the results of all such investigations and studies (including all supporting particulars) on or before the thirty-first day of December, 1983. (2) In addition to the investigations referred to in subclause (1) of this clause, the Companies shall as soon as practicable after the date of commencement of this Agreement endeavour to enter into negotiations with one or more of such other persons who hold mining leases, special bauxite mining leases or authorities to prospect for bauxite in and around the Cape York area of Queensland with a view to establishing a refinery jointly by the Companies and such person or persons in which the capacity for production of alumina by or on behalf of the Companies shall be not less than 600 000 tonnes per annum. (3) The Companies subject to the provisions of clause 4 of Part II shall on or before the thirty-first day of December, 1983 either by themselves or in conjunction with one of the other persons referred to in the preceding subclause (2) of this clause commence the construction within the Special Bauxite Mining Lease or elsewhere within the State of such a refinery and shall cause such refinery to be completed on or before the thirty-first day of December, 1987. (4) If on or before the thirty-first day of December, 1983 the Companies either by themselves or in conjunction with any of the other persons referred to in subclause (2) of this clause shall not have commenced the construction

28 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) of the refinery there referred to, the Companies shall surrender the Special Bauxite Mining Lease and this Agreement shall as from such date be of no force and effect whatsoever and subject to the provisions of clause 19 of this Part and without prejudice to the rights of either the Companies or the State pursuant to any antecedent breach or cause of action neither the Companies nor the State shall have any claim against the other with respect to any matter or thing herein contained or implied. (5) As a guarantee of the fulfilment of the Companies’ obligation under the preceding subclause (3) of this clause the Companies shall on or before the thirty-first day of December, 1983 lodge with the Treasurer a performance bond in a form satisfactory to the Treasurer to the value of $2,000,000. (6) For the purposes of this clause the Companies shall be deemed to have completed the construction of a refinery if the Companies either themselves or through related companies or through a combination of one or more of the Companies and related companies of the other or others of them establish or cause to be established or participate either themselves or through related companies in conjunction with any other company or companies in the establishment or expansion of a refinery as defined by subclauses (1) and (2) of this clause (other than a refinery already established within the State as at the date of this Agreement) either within the Special Bauxite Mining Lease or elsewhere in the State. (7) For the purposes of clauses 15 and 18 of this Part, the Companies shall be deemed to have commenced operation of the refinery referred to in subclause (3) of this clause on that date which shall be the last day of the first period of thirty consecutive days during which the refinery shall have produced alumina for or on behalf of the Companies or either of them at an average daily rate equal to ninety per centum of the rated daily capacity of the said refinery or the thirty-first day of December, 1988 whichever is the earlier. The “rated daily capacity” shall mean one three hundred and sixty-fifth part of the annual output of alumina the refinery is designed to produce for or on behalf of the Companies.

29 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Smelter 15.(1) The Companies shall cause to be made such investigations as may be necessary to ascertain the economic possibility of constructing and operating within the Special Bauxite Mining Lease or elsewhere in the State a smelter and shall furnish to the Minister the results of all such investigations (including all supporting particulars) within eight years from the date of commencement of operation of the refinery referred to in clause 14 of this Part. They shall also furnish to the Co-ordinator-General within such period the report referred to in clause 3 of Part II on the environmental studies in relation to a smelter. (2) (a) After the expiration of the said period of eight years, the Companies shall, if required by the Minister from time to time at intervals of not less than five years from the first of such investigations and thereafter at intervals of not less than ten years from the preceding investigation make further investigations and furnish to him the results of all such investigations (including all supporting particulars) within six months after the dates of expiration of such intervals. (b) If required by the Minister the Companies shall also make further environmental studies and furnish reports thereon to the Co-ordinator-General within similar periods. (3) The Companies shall be deemed to establish or to have established a smelter if the Companies either themselves or through related companies or through a combination of one or more of the Companies and related companies of the other or others of them establish or cause to be established or participate in the establishment within the State, either by themselves or in conjunction with any other company or companies of a smelter such that the production capacity and the extent of the Companies’ participation in the establishment thereof are to the satisfaction of the Minister. ˙ Certain obligations to cease on construction of smelter 16. The obligations of the Companies under subclauses (1) and (2) of clause 15 of this Part shall cease if and when the Companies shall produce to the Minister evidence satisfactory to him that they have commenced the construction of a smelter within the State.

30 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Ancillary powers for refinery or smelter 17. Subject always to the then existing rights of other persons and to existing statutory power in that behalf the State shall grant to the Companies all such leases, licences, authorities powers and rights (including rights to necessary minerals and water) as in the opinion of the Minister may be necessary or expedient for or conducive or ancillary to the creation, development and operation of any refinery or smelter constructed by the Companies pursuant to the provisions of clauses 14 and 15 of this Part. ˙ Export 18. During the currency of the Special Bauxite Mining Lease the Companies not being in default with respect to the terms thereof or of this Agreement, may export from the State or have processed within the State at a refinery existing at the date of this Agreement quantities of beneficiated bauxite such that the total tonnages do not exceed the following quantities during the respective periods hereinafter mentioned— (a) From the date of commencement of the Special Bauxite Mining Lease until the thirty-first day of December, 1977 such quantities up to a total tonnage not exceeding two and one-half million tonnes in any year as shall be approved by the Governor in Council; (b) From the first day of January 1978 until the commencement of operation of the refinery referred to in clause 14 of this Part or the thirty-first day of December, 1987, whichever is the earlier quantities of beneficiated bauxite with a total tonnage not exceeding two and one-half million tonnes in any year; (c) During the period if any between the thirty-first day of December, 1987, and the commencement of operation of the refinery referred to in clause 14 of this Part such quantities up to a total tonnage not exceeding two and one-half million tonnes in any year as shall be approved by the Governor in Council; (d) From and after the commencement of operation of the refinery referred to in clause 14 of this Part quantities with a total tonnage equal to five tonnes of beneficiated bauxite for each tonne of

31 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) alumina produced by or on behalf of the Companies or either of them in such refinery. ˙ Good mining practice restoration 19.(1 ) The Companies in any operation for the mining of the designated minerals undertaken by them which involves the removal of the surface, shall operate with due regard to the proper care of the environment and in accordance with good mining practice and shall subsequent to such mining take all steps necessary to restore and to leave the surface of the mined areas (other than such parts as are in the opinion of the Minister reasonably required for use in storage of tailings, sludge and like substances) in a condition satisfactory to the Minister so that— (a) there are no abnormal batters or contours; (b) the surface soil existing prior to such mining is preserved and subsequently spread to maximum advantage over such mined areas in order to allow of regeneration of vegetation; (c) there shall be a minimum of interference with the natural drainage system except and unless where it is found expedient to use any mined area for the storage of water. (2) (a) Subject to the aforegoing provisions, mining shall be carried out in such a manner that the maximum area of land so mined which may remain unrestored at any time shall not exceed eighty hectares in the aggregate. (b) Provided that in a case where land of an area less than eighty hectares has been so mined the maximum area of land which may remain unrestored at any time shall not exceed one-half of the area of land so mined. (c) Restoration of all land upon which mining has been completed shall be performed within a period of twelve months of the date of completion of mining such land. (3) The Companies shall take competent advice as to what steps are possible to encourage and promote regeneration of vegetation and shall proceed to progressively promote such regeneration to the satisfaction of the Minister. (4) Roads, stock routes, streams and water courses shall not be interfered

32 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) with except in accordance with an application made by the Companies to the Minister and approved by the Minister in writing and having regard to recommendations obtained from Departments administering such roads, stock routes, streams and water courses. (5) (a) The Companies shall not later than one month prior to the date of commencement of mining operations lodge with the Minister security to the value of two hundred thousand dollars ($200,000) to be held by the Minister during the term of the Special Bauxite Mining Lease for the due and proper performance by the Companies of the obligations in this clause 19 contained and hereinafter referred to as “the said obligations”. (b) Such security may be in the form of cash deposit banker’s cheque or bank draft payable to the Minister Commonwealth Treasury Bonds or inscribed stock or a guarantee indemnity or bond in a form approved by the Crown Solicitor and by a bank or bonding or insurance company approved by the Minister. (c) If at the expiration of the term of the Special Bauxite Mining Lease whether by effluxion of time, forfeiture, surrender or otherwise howsoever, the Minister is of the opinion that the Companies have defaulted in performing the said obligations or any of them the Minister may realise on such security and apply the proceeds thereof to making good such default. If after so applying such proceeds a balance remains such balance shall be paid to the Companies. (d) If after realising on such security the proceeds thereof are not sufficient to enable the Minister to make good the default of the Companies in performance of the said obligations the Minister may cause to be done such work as in his opinion is necessary in that behalf and recover the costs thereof from the Companies as for a debt due to the Crown in any Court of competent jurisdiction. (e) The Minister shall not be bound to invest any security or balance or part thereof capable of being invested but may do so at the written request of the Companies in which event the interest on such security or balance or part thereof shall be available to the Companies as and when it is received. The Minister shall not be held liable or answerable in any way for any loss on any security or balance or part thereof so invested nor for any loss of

33 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) interest because of such security or balance or part thereof not being invested or renewed or for any other reason. ˙ Surface rights to others 20.(1) The Companies shall in respect of the surface of any land within the Reserve of which they are or are deemed to be in possession permit persons so authorised by the Director as trustee of the Reserve to depasture stock and hunt game thereon provided that such depasturing of stock and hunting of game shall not interfere with the rights and obligations of the Companies under this Agreement. (2) The Companies shall in respect of the surface of any land outside the Reserve of which they are or are deemed to be in possession permit persons so approved by the Minister to depasture stock thereon provided that such depasturing of stock shall not interfere with the rights and obligations of the Companies under this Agreement. (3) Any person depasturing stock or hunting game within or outside the Reserve pursuant to the provisions of subclauses (1) and (2) of this clause 20 of this Part shall do so entirely at his own risk. ˙ Mines Regulation Act to apply 21. The Mines Regulation Act1964–1968 or any future amendments or modifications thereof shall extend and apply to all mines (as defined in that Act) on the Special Bauxite Mining Lease and the Companies shall perform and observe all and every the provisions of the said Act or any future amendments or modifications thereof in and about all such mines. ˙ Shell, shell-grit, etc. 22. The Companies shall have the right to win and use shell, shell-grit, coral and other calcium bearing minerals as may reasonably be required by the Companies for their purposes in such quantities and from such parts of the sea estuaries or any lands in or in the vicinity of the Special Bauxite Mining Lease as from time to time shall be specified by the Governor in Council.

34 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ˙ Mining Lease for coal 23.(1) The Companies shall have the sole right, during the first ten years (hereinafter in this clause called “the said ten years”) of the Special Bauxite Mining Lease to prospect within the area of the Special Bauxite Mining Lease for coal and other solid fuel minerals required by the Companies for any purposes necessary, directly or indirectly, to effectually carry on any of the Companies’ operations as defined by this Agreement and to be granted Mining Leases under the Mining Act, or other appropriate titles provided by Statute. In the event of any Mining Lease for coal or other appropriate title for any other solid fuel mineral being granted, the term thereof shall be such that the expiry date thereof shall not extend beyond the expiry date of the term of the Special Bauxite Mining Lease and notwithstanding any prescribed limitation of area, the area may be such, in each case, as the Minister approves, but all the other provisions of the Mining Act and the Coal Mining Act or such other Statute, as the case may be, shall apply. Notwithstanding the provisions of The Coal Industry (Control) Acts 1948 to 1965 when any Mining Lease for coal or other appropriate title is granted to the Companies pursuant hereto, the Companies subject to the provisions of clause 4 of Part II shall be entitled, without any authority, permit, order or consent other than is provided by the appropriate Statute under which such Mining Lease or other title is granted, to open and operate any mine for coal or other solid fuel mineral for the purposes only of producing coal or other solid fuel mineral required by the Companies for any purposes necessary directly or indirectly, to effectually carry on any of the Companies’ operations as defined by this Agreement. The Minister shall take the necessary action to amend the area and description of the Special Bauxite Mining Lease as is rendered necessary by the granting to the Companies of a Mining Lease for coal or other title as herein in this present subclause provided. (2) If at any time during the said ten years the Companies desire to abandon their rights under this clause within the area of the Special Bauxite Mining Lease the Companies may formally renounce their rights in writing addressed to the Minister and therefrom such rights shall cease. (3) Upon completion of any prospecting undertaken by the Companies in pursuance of this clause, but in any case not more than six months after the expiration of the said ten years, the Companies shall furnish to the Minister,

35 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) for permanent record, a comprehensive report detailing the nature and location of the work undertaken, complete results and plans of all work carried out and the conclusions reached. (4) In the event of the Companies being granted pursuant to this clause a Mining Lease for coal or other appropriate title to any part of the area of the Special Bauxite Mining Lease so prospected for coal or other solid fuel minerals, the report mentioned in subclause (3) of this clause shall be in two sections, the first section to cover the areas granted, which shall be retained by the Minister for his confidential information only and not for release, and the second section covering the remainder of the area so prospected which shall in the Minister’s discretion be available for public information upon the expiration of the said ten years or upon renouncement by the Companies of their rights to such area. (5) Subject to the provisions of subclause (1) of this clause the CoalMining Act shall extend to and apply to all coal mines (as defined in that Act) on a Mining Lease for coal and the Companies shall perform and observe all and every the provisions of the said Act or any future amendments or modifications thereof in and about all such coal mines. ˙ Renewal of Mining Lease for coal 24. At a time not being earlier than five years nor later than one year prior to the date of the expiration of the term of the Special Bauxite Mining Lease and provided the Companies shall have exercised their right to a renewal thereof pursuant to clause 6 of this Part and subject to there being no existing breach or non-observance of any of the provisions of the Special Bauxite Mining Lease or of a Mining Lease for coal granted to the Companies pursuant to clause 23 of this Part the Companies may apply for a renewal of such Mining Lease and the Governor in Council shall thereupon grant a renewal of such Mining Lease for a period of twenty-one years from the date of expiry of the term thereof and upon the same conditions as apply during the said term (but excluding the provisions of this clause and those of clause 6 of this Part) PROVIDED HOWEVER that should circumstances prevailing at such time in the opinion of the Premier of Queensland alter significantly the factors upon which the environmental impact studies or the conditions for protection of the

36 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) environment referred to in Part II were based, such further environmental impact studies as may be agreed upon between the Premier of Queensland and the Companies shall be undertaken by the Companies before the date of the expiration of the term of such Mining Lease and such varied conditions for protection of the environment as may be similarly agreed upon shall be applied to the renewal of such Mining Lease for the said period of twenty-one yeas PROVIDED FURTHER HOWEVER that nothing herein in this clause contained shall permit or be deemed to permit such Mining Lease to extend beyond the determination of the Special Bauxite Mining Lease. ˙ Rights without royalty 25. The Companies shall be entitled without payment of royalty— (a) to win from the Special Bauxite Mining Lease timber (subject to the prior approval of the Director and of the Conservator of Forests) stone clay and gravel and other aggregate materials (whether or not containing any designated mineral) and to use such materials for the construction erection and maintenance of plant buildings roads and other works necessary directly or indirectly to effectually carry on any of the Companies’ operations as defined by this Agreement; and (b) to draw water from the sea and estuaries in or adjacent to the Special Bauxite Mining Lease and to win and use any salt or other materials contained therein as may be required for the production by the Companies of alumina, aluminium or associated products or for any purpose necessary, directly or indirectly, to effectually carry on any of the Companies’ operations as defined by this Agreement and also subject to the approval of the Governor in Council under the Harbours Act to use such water for cooling and other purposes and subject to the issue under the Clean WatersAct1971 of a licence to discharge the water so used. ˙ Other Mining Leases within Special Bauxite Mining Lease 26.(1) The State reserves the right to grant to a person other than the

37 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) Companies any appropriate title within the Special Bauxite Mining Lease for any of the purposes of the Mining Act, in respect of any minerals other than any of the designated minerals, or for any purposes of The Petroleum Acts 1923 to 1967 but before making any such grant shall advise the Companies and shall confer with them concerning such proposed grant. (2) The State also reserves the right, as from the expiration of the first ten years of the term of the Special Bauxite Mining Lease, or the time of renouncement by the Companies of their rights under clause 23 of this Part to grant to any person other than the Companies any appropriate title within the Special Bauxite Mining Lease for any of the purposes of the Mining Act in respect of coal or other solid fuel mineral but before making any such grant shall advise the Companies and shall confer with them concerning such proposed grant. (3) Any such title granted in pursuance of this clause shall be upon condition that operations carried out thereunder shall not— (a) disturb or interfere in any way with any deposits of the designated minerals (other than coal) unless— (i) such disturbance or interference is limited only to displacement of any designated minerals (other than coal) and so that the displaced mineral shall be available to the Companies; or (ii) provision is made to reasonably compensate the Companies for any designated mineral (other than coal) which must necessarily become unavailable to the Companies; (b) interfere with or prejudice in any way the works or operations of the Companies; (c) prejudicially affect full enjoyment by the Companies of any other right or privilege conveyed to the Companies by this Agreement; or (d) impede or make more onerous the discharge by the Companies of any duty or obligation imposed on the Companies by this Agreement. (4) Subject to the provisions contained in subclauses (1), (2) and (3) of

38 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) this clause all rights of ingress and egress over the Special Bauxite Mining Lease for the purposes of the Mining Act, The Petroleum Acts 1923 to 1967 and the Coal Mining Act are reserved to the Crown in the right of the State. ˙ Special Mining Purposes Leases 27.(1) The State shall from time to time as and when required by the Companies and upon surrender by the Companies of such land from the Special Bauxite Mining Lease grant to the Companies Special Mining Purposes Leases in either of the forms set out in the Fifth Schedule hereto in respect of any part or parts of the land within the Special Bauxite Mining Lease to be used or reasonably required for the purposes of the town or as a site for plant, machinery or other works. (2) Such Special Mining Purposes Leases may be of any shape or area and for any term approved by the Minister but shall be otherwise deemed to be Miners’ Homestead Perpetual Leases under the Miners’ Homestead Leases Act 1913–1974 or any Act amending or modifying those Acts, and shall be subject in all other respects to the provisions of those Acts and shall be dealt with accordingly except that in the case of Special Mining Purposes Leases issued for the erection thereon of plant, machinery, or other works, the rental shall be the rate payable on mining leases granted under the Mining Act. PART IV—PROVISIONS RELATING TO WATER ˙ Definitions 1. In this Part unless the context otherwise requires, the several terms following shall have the meanings respectively assigned to them: “the Commissioner” means the Commissioner of Irrigation and Water Supply under and within the meaning of The Irrigation and Water Supply Commission Acts 1946 to 1949. “the Companies’ requirements” means the water required for any

39 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) purpose of or directly or indirectly in connection with operations under this Agreement or under any lease or other right granted hereunder (including water required for the Companies’ employees and their dependents and for the town). “the Minister” means the Minister for Water Resources of Queensland. ˙ Companies’ rights to water 2.(1) Subject to the rights conferred upon the Commonwealth Aluminium Corporation Pty. Limited under the provisions of The Commonwealth Aluminium Corporation Pty. Limited Agreement Act of 1957 and the rights conferred upon Alcan Queensland Pty. Limited under the provisions of The Alcan Queensland Pty. Limited Act of 1965 and subject always to the right of persons residing or travelling in the vicinity of any natural sources to take water therefrom for their reasonable domestic and stock requirements, the Companies subject to the provisions of clause 4 of Part II shall have the right as hereinafter in this Part provided to obtain water from the rivers and any underground source of supply pursuant to licence granted in accordance with the applicable provisions of the WaterAct within the Special Bauxite Mining Lease and within any lease or Special Lease granted for this purpose pursuant to clause 5 of Part VII. The Companies shall have the right to use, or otherwise dispose of water so obtained for any purpose of or directly or indirectly in connection with operations under this Agreement or under any lease or other right granted hereunder (including the supply of water to the town). (2) (a) The Companies shall be entitled to mix and blend water obtained from the sources specified in subclause (1) of this clause, provided that the Companies shall be entitled to divert annually from the said sources a quantity of not more than 62 million cubic metres at a rate not greater than 200 000 cubic metres per day. (b) In attaining the quantity of water actually required the Companies shall develop available supplies of artesian and shallow groundwater to limits determined from time to time by the Commissioner and considered by the parties at the time of formulating this Agreement to be— (i) artesian water up to 10 million cubic metres per annum at a rate

40 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) not greater than 34 000 cubic metres per day; (ii) shallow groundwater supplies either with natural recharge only or with artificial recharge from the Watson River or other streams approved by the Commissioner up to 7.5 million cubic metres per annum at a rate not greater than 26 000 cubic metres per day. (c) The limits set out in subparagraphs (i) and (ii) of paragraph (b) of this subclause (2) of clause 2 will be reviewed from time to time by the Commissioner as the Companies provide further data on these supplies and will be increased if considered practicable by the Commissioner. (d) In determining the actual quantities which the Companies may be permitted to obtain from groundwater sources, the Commissioner shall ensure that supplies to other licensees are not unduly depleted and that the possibility of the intrusion of salt water into aquifers is avoided. (e) In addition to the Companies’ requirements, the Companies shall make provision to the extent of ten per centum of those requirements but not more than 2.5 million cubic metres per annum for supply of water to meet any demand which may be made for the supply of water for urban, industrial, mining or rural development other than that undertaken by the Companies. The Companies shall make provision for a proportionate part of such additional provision of ten per centum of their requirements from each source of supply that is developed. (3) For the purposes of obtaining and conveying to and throughout the Special Bauxite Mining Lease and other lands howsoever held by the Companies pursuant to this Agreement the water to which they will be entitled under the provisions of this clause, the Companies shall, subject to the terms and conditions of the licence granted in respect thereof, have the right— (a) to drill wells and bores and to build weirs and/or dams and other works to provide water storage and to conserve the flow thereof; (b) to construct maintain and operate pumping stations, pipelines, reservoirs and other water supply works. (4) At any time when there is flow into any such water storage there shall be passed downstream an amount of flow sufficient to meet riparian rights to downstream landholders, the requirements for any other user authorised

41 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) by the Commissioner and any requirement to provide for fish movement and migration or the actual flow, whichever is the lesser. Such amount shall be released through any storage by means of outlet works approved by the Commissioner. Subject to the provisions of this clause and of the licence granted in respect thereof the amount of any flow to be passed through the storage or down the stream shall be fixed by the Commissioner. (5) A licence granted under the Water Act to the Companies pursuant to their rights under the provisions of this clause and any renewal of such licence may be for a period not exceeding the term of the Special Bauxite Mining Lease granted to the Companies pursuant to this Agreement and of any renewal thereof. (6) Plans, specifications and proposed capacities of any water supply works to be built by the Companies shall be subject to examination and approval of the Commissioner and the Companies shall be required to construct maintain and operate such works to the satisfaction of the Commissioner and in accordance with the conditions of the licence granted in respect thereof PROVIDED HOWEVER that the relevant Local Authority shall become responsible for the maintenance and operation of any such work constructed by the Companies for town water supply when any such work becomes, by way of agreement between the Companies and the Local Authority or otherwise, the property of the Local Authority. (7) If the Companies wish to proceed with the construction of any water storage, the State reserves the right to negotiate with the Companies an arrangement whereby a larger water storage, if feasible, may be built by the State on the basis that the Companies shall contribute a capital sum of not more than the capital cost of a structure required to provide the safe annual yield needed for the Companies’ requirements from that source together with a further quantity amounting to ten per centum of such annual yield. (8) (a) The Companies shall have the right to collect and store in such water storage so constructed by them a quantity of water sufficient after allowing for losses during storage to ensure the availability at a constant daily rate of diversion of the annual quantities which the Companies are entitled under this Agreement to obtain from the stream upon which such water storage has been so constructed. (b) In determining the amount of water required to be stored in any such

85 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) SECOND SCHEDULE (continued) Longitude 141° 50' 25"E, Latitude 13° 39' 40"S; thence 360° 00' True for about 39.0 kilometres to the point of commencement at monument marked ↑ SBML 1-R 1 .

86 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ¡ THIRD SCHEDULE AGREEMENT BETWEEN DIRECTOR AND COMPANIES AN AGREEMENT made the day of 19 between the DIRECTOR OF ABORIGINAL AND ISLANDERS ADVANCEMENT of the State of Queensland (hereinafter called “the Director”) of the First Part, TIPPERARY CORPORATION incorporated in Texas, United States of America, and registered in the State of Queensland and having its registered office at care of MacGillivray, Halligan and Thompson, Suite 506, 5th Floor, National Bank Building, 180 Queen Street, Brisbane, in the said State (hereinafter with its successors and permitted assigns referred to as “Tipperary”) of the Second Part, BILLITON ALUMINIUM AUSTRALIA B.V. incorporated in Holland and registered in the State of Queensland and having its registered office at the 4th Floor, Shell House, 301 Ann Street, Brisbane, in the said State (hereinafter with its successors and permitted assigns referred to as “Billiton”) of the Third Part, and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED a Company incorporated in the State of New South Wales and recognized in the State of Queensland and having its principal office in Queensland at care of Messrs. John P. Kelly & Co., Solicitors, Prudential Building, Queen Street, Brisbane aforesaid (hereinafter with its successors and permitted assigns referred to as “Pechiney”) of the Fourth Part. WHEREAS: A. Tipperary, Billiton and Pechiney are or are entitled to be or become the holders as tenants in common in the interests of FORTY PER CENTUM, FORTY PER CENTUM and TWENTY PER CENTUM of Authority to Prospect 493M issued pursuant to section 23A of The Mining Acts 1898 to 1967 and section 12A of The Mining on Private Land Acts 1909 to 1965;

87 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) B. The Companies having found deposits of bauxite over and under a considerable part of the surface of the area held under the aforesaid Authority to Prospect are about to enter into the Franchise Agreement to enable them to bring the said deposits into production and to produce bauxite and alumina if economically feasible; C. The aforesaid Authority to Prospect is situated either in whole or in part within the Reserve; D. In and about the month of August 1968 Tipperary after negotiations and consultation with the Council and Elders of the Aborigines at the Reserve, the Reverend J. E. Gillanders, the Superintendent of the Presbyterian Mission at the Reserve appointed pursuant to The Aborigines and Torres Strait Islanders’ Affairs Act of 1965 to 1967 (repealed), Mr. S. E. Edenborough of the Australian Presbyterian Board of Missions and the Director entered into two separate agreements (hereinafter referred to as “the letter agreements”), one with the Federal Secretary, Australian Presbyterian Board of Missions and the other with the Director which specified the conditions under which Tipperary was to be permitted access to the Reserve for the purpose of prospecting and otherwise developing the mineral resources within the said Authority to Prospect, and the assurances then given by Tipperary for the betterment of Aborigines within the Reserve; E. The letter agreements were never reduced to a formal agreement but consisted merely of an exchange of correspondence; F. Billiton and Pechiney desire to acknowledge their acquiescence in the letter agreements and jointly and severally with Tipperary accept the obligations as therein contained as joint holders of the said Authority to Prospect; G. In order to record, formally, the letter agreements and, in particular, the provision which the Companies propose to make for and towards the betterment of Aborigines upon the Reserve

88 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) during the continuance of the Franchise Agreement, the parties have agreed to execute this Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:— Interpretation 1. In this Agreement unless the context otherwise requires the general terms following shall have the meanings respectively assigned to them:— “Aborigine” means an Aborigine as defined by the Aborigines Act. “The Aborigines Act” means the Aborigines Act1971-1975. “aboriginal site” means an aboriginal site as defined by the Relics Act. “Authority to Prospect” means the Authority to Prospect No. 493M. “the Companies” shall when the context permits mean and include Tipperary, Billiton and Pechiney or other the persons for the time being entitled to the Authority to Prospect and/or the Special Bauxite Mining Lease. “the Council” means the Aboriginal Council for the Reserve established pursuant to the provisions of the Aborigines Act. “designated minerals” means bauxite and other ores of aluminium together with the ores of calcium and fluorine and coal and any other mineral found in combination or association with any of the aforementioned ores and required by the Companies for any purpose necessary, directly or indirectly, to effectually carry on any of the Companies’ operations as defined in the Franchise Agreement and also any mineral which the Governor in Council may at any time by Order in Council declare to be a designated mineral for the purposes of the Franchise Agreement or of any lease, licence or other right granted hereunder being a mineral similarly required by the Companies for any such purpose as aforesaid. “financial year” means the period from and including the first day of July in one year to and including the thirtieth day of June in the year next

89 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) following. “the Franchise Agreement” means the Agreement about to be entered into between the State of Queensland of the First Part, Tipperary of the Second Part, Billiton of the Third Part and Pechiney of the Fourth Part which agreement will or is intended to be authorised by an Act to be styled the Aurukun Associates Agreement Act of the year in which it will be enacted. “Land Act” means the Land Act 1962-1975. “Mining Act” means the Mining Act1968-1974. “Minister” means the Minister for Aboriginal and Islanders Advancement and Fisheries. “Mission” means the Presbyterian Mission at Aurukun or any other religious organisation in whose charge the management of the Reserve may have been placed pursuant to section 15 of the Aborigines Act. “person” means any person, firm, authority or body whether incorporated or not. “Relics Act” means the Aboriginal Relics Preservation Act of1967-1975. “relic” means a relic as defined by the Relics Act. “the Reserve” means Reserve for the benefit of the Aboriginal Inhabitants of the State, Aurukun, Counties of Kendall, Lukin, Pera and Weipa, area, about 7 503 square kilometres being Reserve (R.3) as shown on plan Pa.3 deposited in the Survey Office placed under the control of the Director as trustee as specified by Order in Council dated the twenty- fourth day of February 1972. “Special Bauxite Mining Lease” means the Special Bauxite Mining Lease proposed to be granted to the Companies in terms of the Franchise Agreement over the land specified in the Second Schedule thereto. “the State” means the State of Queensland. the singular includes the plural and the plural the singular.

90 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) Any reference to an Act or Acts shall include that Act or those Acts and any Act amending or in substitution therefor. Agreement by the Companies 2. The Companies shall in the exploitation of the designated minerals within the Authority to Prospect and pursuant to the Franchise Agreement:— (a) comply with the requirements of the MiningAct and of the Department of Mines in so far as the same are applicable to the Franchise Agreement; (b) pay to each Aborigine employed by the Companies the usual award rate of pay applicable to the particular trade occupation or calling of such Aborigine and when no award is applicable pay to such Aborigine a wage being not less than the minimum wage prescribed by law; (c) not later than the end of the third year of mining activity, pay to the Director on behalf of Aborigines THREE PER CENTUM of the net profits of the Companies from the Companies’ mining operations conducted in on and about the Reserve. The first of such payments shall be made with respect to the third year of the Companies’ mining and associated beneficiation activities and shall be made as conveniently as possible after the profit for such year has been struck. Subsequent payments shall be made annually thereafter. For the purpose of this paragraph net profits of the Companies shall be determined in accordance with accepted accounting practices and conventions applicable to mining and beneficiation activities in Australia. The certificate of the Companies’ auditors as to the amount of net profits for any particular period shall be accepted by all parties as final and conclusive; (d) in the event of a termination of the Companies’ operations under the Franchise Agreement whether by mutual agreement or otherwise, permit capital installations, fixtures and improvements

91 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) (other than of a demountable nature) to remain and revert to the Director of Aboriginal and Islanders Advancement for the sole use and benefit of Aborigines on the Reserve without payment of compensation therefor; (e) not disturb any natural millable timber on the Reserve without the prior approval of the Director and the Conservator of Forests; (f) conduct their operations upon the Reserve so as to cause as little inconvenience as practicable to the Aborigines upon the Reserve; (g) give to the Director and the Mission at least six months notice in writing of those areas within the Special Bauxite Mining Lease required or about to be required for the exclusive use of the Companies for the purposes of the Franchise Agreement; (h) refill test holes after samples have been taken so that the same will not constitute a hazard to horses and cattle; (i) should further prospecting be necessary upon the Authority to Prospect within the Reserve, furnish to the Director and to the Mission a schedule specifying the approximate dates and locations upon which such work will be conducted; (j) assure the good conduct of employees of the Companies; terminate the services of any employee or contractor guilty of misconduct and arrange for the immediate removal beyond the boundaries of the Reserve of any employee or contractor discharged for misconduct; (k) not without the consent of the Director bring any alcoholic beverages upon the Reserve; (l) prohibit the hunting of game upon the Reserve by their employees, agents and contractors, except in the case of emergency, without the prior consent of the Mission; (m) consult with the Mission as to the proposed location of all roads and clearings for the passage of vehicles so that such roads and clearings will be useful not only to the Companies but also to the

92 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) Mission and to Aborigines upon the Reserve in connection with their livestock operations and the building of fences; (n) not damage any Leichhardt Pines or seedlings or other good stands of timber used by the Mission and the Aborigines as a source of lumber; (o) exercise care to prevent grass and timber fires; (p) prohibit the lighting of open fires by their employees agents and contractors between the first day of October in each year and the thirty-first day of December without prior consent of the Director; and the Companies hereby undertake— (i) to employ employable Aborigines in positions and occupations which Aborigines are reasonably capable of filling, and to seek the advice and assistance of the Mission and the Council in the selection of such employees and the allocation of duties; and (ii) to encourage maximum participation by Aborigines in the employment opportunities within the Companies’ activities on the Authority to Prospect; and (iii) where practicable to the Companies and by arrangement with the Mission, from time to time purchase stores fuel and sundry small goods from the Mission and hire dinghies and boats as needed; and (iv) to liaise with the Mission and the Council from time to time so that the work of the Mission and the Council and the work of the Companies within the Reserve can proceed with harmony and understanding and with the co-operation of the parties involved. 3. The Director, in his capacity as trustee of the Reserve, in consideration of the premises and of the agreements on the part of the Companies abovementioned, and pursuant to the powers vested in him pursuant to sections 29 and 30 of the Aborigines Act hereby:—

93 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) (a) approves the proposed granting of a Special Bauxite Mining Lease to the Companies upon the terms and conditions of and pursuant to the Franchise Agreement; and (b) agrees to grant to the Companies and to their respective directors, officers, employees, agents, contractors, invitees and licensees permission to enter upon the Reserve for the purposes of permitting and enabling the Companies to carry out the terms and conditions of the Franchise Agreement. 4. In the event of a termination of the Companies’ operations under the Franchise Agreement whether by mutual agreement or otherwise the Companies may remove capital installations fixtures and improvements of a demountable nature: Provided that if not so removed within a period of twelve months from the date of the termination such installations fixtures and improvements shall revert to the Director of Aboriginal and Islanders Advancement for the sole use and benefit of Aborigines on the Reserve without payment of compensation therefor. 5.(1) The Director and/or Council will from time to time inform the Companies of the location within the Reserve of all relics, sacred sites, contemporary sacred sites and aboriginal sites in upon or within the Reserve. (2) The Companies will not nor will they cause or permit any employee agent or contractor of the Companies to enter upon, take, deface, damage, uncover, expose, interfere with, be in possession of, or disturb any relic, sacred site, contemporary sacred site, aboriginal site upon or within the Reserve or do any act likely to endanger any such relic or site. 6. The Companies recognize the inviolable right of Aborigines to live subject and according to the law, custom, religion and established practices of their respective tribes and the Companies agree to use their best endeavours to ensure that neither they, nor any of their employees agents or

94 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) THIRD SCHEDULE (continued) contractors commit any act or adopt any practice which is contrary to or disrespectful of any tribe, tribal law, custom or religion so far as the same is known to or revealed to the Companies, or is otherwise sacrilegious or offensive to any tribe, the Council or the Director.

95 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ¡ FOURTH SCHEDULE QUEENSLAND Mining Act 1968-1974 No.: . Reg.: . Vol.: . Fol.: . Aurukun Associates Agreement Act 1975 SPECIAL BAUXITE MINING LEASE Mining District: ) County: ) ELIZABETH THE SECOND, by Parish: ) the Grace of God, Queen of Area: square kilometres ) Australia, and Her other Realms (SUBJECT TO CONFIRMATION ) and Territories, Head of the BY SURVEY) ) Commonwealth. Date of Lease:) TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS in conformity with the provisions of Acts of Parliament of Our State of Queensland called the MiningAct1968-1974 and The Petroleum Acts 1923 to 1967 and the Aurukun Associates Agreement Act 1975 (hereinafter called “the said Acts”) TIPPERARY CORPORATION a company registered in Our State of Queensland BILLITON ALUMINIUM AUSTRALIA B.V. a company registered in Our said State and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED a company incorporated in the State of New South Wales and recognized in Our State have made application to Us for a Lease of the Land in Our said State described in the Second Schedule hereinafter written for the purpose of mining for the designated minerals as defined in the Agreement referred to in the Aurukun Associates Agreement Act 1975 other than coal.

96 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FOURTH SCHEDULE (continued) AND WHEREAS We have consented to grant a Special Bauxite Mining Lease of the said Land for the purpose aforesaid for the term hereinafter mentioned at the rates of rental set forth in the Agreement referred to in the Aurukun Associates Agreement Act 1975 (hereinafter called “the said Agreement”) and under and subject to the covenants terms and conditions hereinafter mentioned and to the terms conditions exceptions reservations and provisoes in the said Acts and the Regulations made thereunder and in any other Acts affecting the same: NOW KNOW YE that in consideration of the premises and of the sum of dollars cents paid to the Minister for Mines and Energy for the time being of Our said State (hereinafter called “the Minister”) before the issue hereof as and for the rent of the said Land to the Thirty-first day of December AND ALSO in consideration of the Yearly Rent Royalties covenants provisoes and agreements hereinafter reserved and contained on the part of the said TIPPERARY CORPORATION, BILLITON ALUMINIUM AUSTRALIA B.V. and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED, their and each of their successors and permitted assigns to be paid observed and performed WE DO HEREBY for Us Our Heirs and Successors demise and lease unto the said TIPPERARY CORPORATION, BILLITON ALUMINIUM AUSTRALIA B.V. and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED, as Tenants in Common in the proportions of forty per centum, forty per centum and twenty per centum respectively, their and each of their successors and permitted assigns (hereinafter designated “the Lessees”) all those Lands more particularly described in the Second Schedule hereinafter written for all or any of the following purposes: (a) for mining and treating all or any of the designated minerals as defined in the said Agreement other than coal and for all purposes necessary directly or indirectly effectually to carry on such mining and treatment; (b) for erecting thereon any houses, buildings, plant and machinery for use directly or indirectly in connection with such mining or treatment;

97 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FOURTH SCHEDULE (continued) (c) for constructing or erecting thereon any roads, works for the recovery of salt from sea water or other works whatsoever required by the Lessees for any purpose necessary, directly or indirectly, to effectually carry on any of the Lessees’ operations as defined by the said Agreement; (d) for any other purposes (whether manufacturing or otherwise) incidental to or connected with the carrying out within this Special Bauxite Mining Lease of all or any of the provisions or purposes of the said Agreement and the carrying on within this Special Bauxite Mining Lease of the activities of the Lessees. Saving reserving and excepting always unto Us Our Heirs and Successors and unto the Minister and to any and every person or persons appointed by him in that behalf liberty at all times during the continuance of this demise to enter into and upon the Land hereby demised and all Mines and Works therein or thereon in order to view and examine the condition thereof and for that purpose to make use of all or any railways tramways or roads or every and all machinery upon the said Land or belonging to the said Mines and also to use or make any levels drifts or passages requisite for the purpose of any such inspection TO HAVE AND TO HOLD the said Land and Mines and all and singular other the premises hereinbefore mentioned and hereby demised with the appurtenances unto the said Lessees, for the full term of Forty-two years from the day , 1975 which said term shall be renewable for a further period of Twenty-one years subject to there being no existing breach or non-observance of any of the provisions of this Special Bauxite Mining Lease and upon such terms as are expressed in the said Aurukun Associates Agreement Act 1975 reserving saving and excepting unto Us Our Heirs and Successors all minerals other than designated minerals excepting coal found in the Land herein demised YIELDING AND PAYING unto Us Our Heirs and Successors in each and every year during the continuance of this Lease in advance prior to the First day of January into the hands of the Minister in Brisbane in Our said State the Yearly Rent at the rates set forth in the said Agreement AND in addition thereto also yielding and paying unto Us Our Heirs and Successors during the said term Royalties at the rates and in the manner set forth in the said Agreement AND WE DO

98 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FOURTH SCHEDULE (continued) HEREBY ALSO RESERVE unto Us Our Heirs and Successors and to such persons as shall from time to time be duly authorised by Us in that behalf during the term of the said Lease the free right and privilege of access including ingress egress and regress into upon over and out of the said Land for the purpose of searching for and for the operations of obtaining any minerals other than designated minerals (subject to the provisions of subclause (2) of clause 26 of Part III of the said Agreement) in any part of the said Land PROVIDED ALWAYS THAT these Presents are granted upon the following covenants that is to say—Upon condition that the said Lessees shall well and truly pay or cause to be paid unto Us Our Heirs and Successors the Rent and Royalties hereby reserved when and as the same shall become payable in the manner hereinbefore appointed for that purpose AND ALSO that the said Lessees do and shall use the said Land continuously and bona fide for the purposes for which the same is demised as aforesaid and in accordance with the said Acts and Regulations and for no other purposes AND ALSO that the said Lessees shall not assign underlet or part with the possession of the Land hereby demised or any part thereof except in accordance with the said Agreement AND ALSO do and shall during the continuance of this demise work the said Land as provided in the said Agreement AND ALSO shall permit and suffer all or any person or persons appointed by the Minister for the time being of Our said State in that behalf and the Warden for the time being within whose jurisdiction the land hereby demised is situate at all proper and reasonable times during the continuance of this demise and whether the Mines are working or not without any interruption or disturbance from the Lessees, their agents, servants or workmen or any of them to enter into and upon the said Mines and all works and buildings connected therewith or any part thereof to view and examine the condition thereof and whether the said Mine or Mines is or are worked bona fide for the purposes aforesaid and for that purpose to use all and every the tramways railways roads or ways and all or any of the machinery and works in and upon the said Land AND ALSO shall observe such further special conditions as are particularly described in the First Schedule hereinafter written:

99 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIRST SCHEDULE SPECIAL CONDITIONS The conditions of the within Special Bauxite Mining Lease shall be those set out in the Agreement, the Schedule to the Aurukun Associates Agreement Act 1975.

100 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) SECOND SCHEDULE Name of Special Bauxite Mining Lease: Description of the approximate location of the boundaries and area of the land demised: Description by survey of the land demised: as shown on the diagram and plan Catalogue Number at the Department of Mines, Brisbane. held IN TESTIMONY WHEREOF, We have caused this Our Lease to be Sealed with the Seal of Our said State. WITNESS Our Trusty and Well-beloved His Excellency Sir COLIN THOMAS HANNAH, Air Marshal on the Retired List of the Royal Australian Air Force, Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George, Knight Commander of Our Most Excellent Order of the British Empire, Companion of Our Most Honourable Order of the Bath, Governor in and over the State of Queensland and its Dependencies in the Commonwealth of Australia, at Government House, Brisbane, in Queensland, aforesaid, this day of , in the year of Our Reign, and in the year of Our Lord one thousand nine hundred and

101 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ¡ FIFTH SCHEDULE—No. 1 QUEENSLAND No.: . Vol.: . Fol.: . Aurukun Associates Agreement Act 1975 and Miners’ Homestead Leases Act 1913-1974 SPECIAL MINING PURPOSES LEASE for the purposes of erection of mining plant treatment plant machinery harbour or other works ) ELIZABETH THE SECOND, County: ) by the Grace of God, Queen of Parish: ) Australia and her other Realms Area: square kilometres ) and Territories, Head of the Date of Lease: ) Commonwealth. TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS in conformity with the Aurukun Associates Agreement Act 1975 and the Miners’ Homestead Leases Act 1913-1974 (hereinafter called “the said Acts”) TIPPERARY CORPORATION a company registered in Our State of Queensland, BILLITON ALUMINIUM AUSTRALIA B.V. a company registered in Our said State and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED a company incorporated in the State of New South Wales and recognized in Our State of Queensland are now entitled to a Lease of the Land hereunder particularly described as a Special Mining Purposes Lease at the rent and under and subject to the covenants, terms, and conditions hereinafter mentioned:

102 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 1 (continued) NOW KNOW YE that in consideration of the premises, WE DO HEREBY, for Us, Our Heirs and Successors, demise and lease unto the said TIPPERARY CORPORATION, BILLITON ALUMINIUM AUSTRALIA B.V. and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED as Tenants in Common in the proportions of forty per centum, forty per centum and twenty per centum respectively, their and each of their successors and permitted assigns (the same being hereinafter designated “the Lessees”) all that piece of Land in Our said State containing by admeasurement be the same more or less, situated in the County of and Parish of being Lease Number on the Warden’s Register: TO HAVE AND TO HOLD unto the Lessees their successors and permitted assigns as a Special Mining Purposes Lease for the full term of years as from the day of One thousand nine hundred and with, under, and subject to the reservations hereinafter particularly mentioned, and with, under, and subject to the several rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reservations and provisoes, contained or implied in the said Acts, and to all other rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reservations and provisoes referred to, contained or prescribed in and by the said Acts and the MiningAct1968-1974, and The Petroleum Acts 1923 to 1967, or any Regulations made or which may hereafter be made under such Acts, or any of them save and except that there shall be no limitation as to area or shape: YIELDING AND PAYING unto Us, Our Heirs and Successors, by way of rental a sum at the rate and in the manner from time to time prescribed by Regulations for the time being under the Mining Act in force in relation to rental payable in respect of a Mining Lease. PROVIDED ALWAYS, and We do hereby reserve unto Us, Our Heirs and Successors, all minerals (the term “mineral” to have the same meaning as in the Mining Act1968-1974) and all petroleum (the term “petroleum” to have the same meaning as in The Petroleum Acts 1923 to 1967) and all helium found in association with petroleum on or below the surface of the said Land, and all mines of minerals on or below the surface of the said

103 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 1 (continued) Land: AND WE do hereby also reserve unto Us, Our Heirs and Successors, and to such persons as shall from time to time be duly authorised by Us in that behalf at all times, the free right and privilege of access, including ingress, egress, and regress, into, upon, over and out of the said Land, for the purpose of searching for or working minerals, or any of them, or mines of minerals, or any of them, and of searching for, and for the operations of obtaining petroleum in, on and over any part of the said Land: AND WE do further reserve the right of any person duly authorised in that behalf by the Governor of Our said State in Council at all times to go upon the said Land, or any part thereof, for any purpose whatsoever, or to make any survey, inspection or examination of the same: PROVIDED FURTHER and notwithstanding anything hereinbefore contained it is hereby agreed and declared that the Lessees may surrender this Lease at any time in respect of the whole or any part of the Land hereby demised upon giving to the Minister for Mines and Energy (or other Minister of the Crown for the time being administering the Mining Act) written notice of their intention so to do and in the case of a surrender as to part only of the said Land the rent hereby reserved shall abate by an amount which bears the same proportion to the said rent as the area of land surrendered bears to the area of Land hereby demised: PROVIDED LASTLY that in the case of forfeiture or other determination of this Lease the Lessees shall have the right to be exercised within twelve months from the date of such forfeiture or other determination to remove from the said Land all demountable improvements fixtures or fittings erected or constructed by the Lessees on such Land. IN TESTIMONY WHEREOF We have caused this Our Lease to be Sealed with the Seal of Our said State. WITNESS Our Trusty and Well-beloved His Excellency Sir COLIN THOMAS HANNAH, Air Marshal on the Retired List of the Royal Australian Air Force, Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George, Knight Commander of Our Most Excellent Order of the British Empire, Companion of Our Most Honourable Order of the Bath, Governor in and over our State of Queensland and its Dependencies, in the Commonwealth of Australia, at Government House, Brisbane, in Queensland aforesaid,

104 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 1 (continued) this day of in the year of our Reign, and in the year of Our Lord One thousand nine hundred and

105 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) ¡ FIFTH SCHEDULE—No. 2 QUEENSLAND Aurukun Associates Agreement Act 1975 and Miners’ Homestead Leases Act 1913-1974 No.: Vol.: Fol.: . . . SPECIAL MINING PURPOSES LEASE for residential or business purposes. County: Parish: Area: square kilometres Date of Lease: ) ELIZABETH 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, GREETING: WHEREAS in conformity with the Aurukun Associates Agreement Act 1975 and the Miners’ Homestead Leases Act 1913-1974 hereinafter called “the said Acts” TIPPERARY CORPORATION a company registered in Our State of Queensland, BILLITON ALUMINIUM AUSTRALIA B.V. a company registered in Our said State and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED a company incorporated in the State of New South Wales and recognized in Our State of Queensland are now entitled to a Lease of the Land hereunder particularly described as a Special Mining Purposes Lease at the rent and under and subject to the covenants, terms and conditions hereinafter mentioned:

106 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 2 (continued) NOW KNOW YE that in consideration of the premises, WE DO HEREBY, for Us, Our Heirs and Successors, demise and lease unto the said TIPPERARY CORPORATION, BILLITON ALUMINIUM AUSTRALIA B.V. and ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED as Tenants in Common in the proportions of forty per centum, forty per centum and twenty per centum respectively, their and each of their successors and permitted assigns (the same being hereinafter designated “the Lessees”) all that piece of Land in Our said State containing by admeasurement be the same more or less, situated in the County of and Parish of being Lease Number on the Warden’s Register: TO HAVE AND TO HOLD unto the Lessees their successors and permitted assigns as a Special Mining Purposes Lease for the full term of years as from the day of One thousand nine hundred and , with, under, and subject to the reservations hereinafter particularly mentioned, and with, under, and subject to the several rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reservations and provisoes, contained or implied in the said Acts, and to all other rights, powers, privileges, terms, conditions, provisions, exceptions, restrictions, reservations and provisoes referred to, contained or prescribed in and by the said Acts and the MiningAct1968-1974, and The Petroleum Acts 1923 to 1967, or any Regulations made or which may hereafter be made under such Acts, or any of them save and except that there shall be no limitation as to area or shape: YIELDING AND PAYING unto Us, Our Heirs and Successors, in each and every year during the first ten years of the Lease hereby granted, the annual rent of dollars cents: AND in each year and every year, during each succeeding period of ten years, an annual rent equal to that payable for the period then last expired, or (if application shall have been made by the Lessees to the Minister at least six months prior to the expiration of the then current period in accordance with the provisions of the said Acts) such annual rent as shall thereupon have been determined by the Warden; such payments to be made in advance and on or before the thirty-first day of December in each and every year, into the hands of the Under Secretary, Department of Mines, Brisbane.

107 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 2 (continued) PROVIDED ALWAYS, and We do hereby reserve unto Us, Our Heirs and Successors, all minerals (the term “mineral” to have the same meaning as in the Mining Act1968-1974) and all petroleum (the term “petroleum” to have the same meaning as in The Petroleum Acts 1923 to 1967) and all helium found in association with petroleum on or below the surface of the said Land, and all mines of minerals on or below the surface of the said Land: AND WE DO hereby also reserve unto Us, Our Heirs and Successors, and to such persons as shall from time to time be duly authorised by Us in that behalf at all times, the free right and privilege of access, including ingress, egress, and regress, into, upon, over and out of the said Land for the purpose of searching for or working minerals, or any of them, or mines of minerals, or any of them, and of searching for, and for the operations of obtaining petroleum in, on and over any part of the said Land: AND WE do further reserve the right of any person duly authorised in that behalf by the Governor of Our said State in Council at all times to go upon the said Land, or any part thereof, for any purpose whatsoever, or to make any survey, inspection or examination of the same: PROVIDED FURTHER and notwithstanding anything hereinbefore contained it is hereby agreed and declared that the Lessees may surrender this Lease at any time in respect of the whole or any part of the Land hereby demised upon giving to the Minister for Mines and Energy (or other Minister of the Crown for the time being administering the Mining Act) written notice of their intention so to do and in the case of a surrender as to part only of the said Land the rent hereby reserved shall abate by an amount which bears the same proportion to the said rent as the area of land surrendered bears to the area of Land hereby demised: PROVIDED LASTLY that in the case of forfeiture or other determination of this Lease the Lessees shall have the right to be exercised within twelve months from the date of such forfeiture or other determination to remove from the said Land all demountable improvements fixtures or fittings erected or constructed by the Lessees on such land. IN TESTIMONY WHEREOF We have caused this Our Lease to be Sealed with the Seal of Our said State. WITNESS Our Trusty and Well-beloved His Excellency Sir COLIN THOMAS HANNAH, Air Marshal on the Retired List of the Royal

108 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) FIFTH SCHEDULE—No. 2 (continued) Australian Air Force, Knight Commander of Our Most Distinguished Order of Saint Michael and Saint George, Knight Commander of Our Most Excellent Order of the British Empire, Companion of Our Most Honourable Order of the Bath, Governor in and over our State of Queensland and its Dependencies, in the Commonwealth of Australia, at Government House, Brisbane, in Queensland aforesaid, thisday ofin theyear of our Reign, and in the year of Our Lord One thousand nine hundred and IN WITNESS WHEREOF the parties have executed this Agreement the day and year first hereinbefore written.

109 Aurukun Associates Agreement Act 1975 SCHEDULE (continued) IN WITNESS WHEREOF this Agreement is executed on the day and year first hereinbefore mentioned. THE CORPORATE SEAL of the DIRECTOR OF ABORIGINAL AND ISLANDERS ADVANCEMENT has been hereunto affixed in the presence of: ) ) Director ) ) THE COMMON SEAL of TIPPERARY CORPORATION has been hereunto affixed by DUNCAN EDWARD IAN THOMPSON Assistant Secretary-Treasurer in the presence of: ) ) ) Assistant ) Secretary-Treasurer ) EXECUTED by BILLITON ALUMINIUM AUSTRALIA B.V. by JACOB MICHAEL VANHOLLAND the duly constituted Attorney of the Company in the presence of: ) ) ) BILLITON ALUMINIUM ) AUSTRALIA B.V. by its ) duly constituted Attorney THE COMMON SEAL of ALUMINIUM PECHINEY HOLDINGS PTY. LIMITED was hereunto affixed by authority of the Directors in the presence of a Director and a person authorised in that behalf. ) ) ) Director ) ) )

110 Aurukun Associates Agreement Act 1975 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 22 January 2001. Future amendments of the Aurukun Associates Agreement Act 1975 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

111 Aurukun Associates Agreement Act 1975 ´ 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Explanation Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum = = = = = = = = = = = = = = = = = = = = Explanation previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed retrospectively revised edition section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 2002 subordinate legislation substituted unnumbered ´ 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the latest reprint. ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 ´ 6 List of legislation Aurukun Associates Agreement Act 1975 No. 76 date of assent 12 December 1975 commenced on date of assent

112 Aurukun Associates Agreement Act 1975 amending legislation— GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) ´ 7 List of annotations Application of GST to rents after 30 June 2005 s 4A ins 2000 No. 20 s 29 sch 3 © State of Queensland 2003