Commonwealth Mines Preliminary Syndicate Limited Agreement Ratification Act of 1930 (21 Geo v No. 48) (Qld)

13274 MINING. ~ - - - - . - - -. ~ -~ - -~ - - Commonwealth Mines Syndicate, Etc., Act. 21 GEO. V. No. 4H, SCHEDULE. CHILLAGOE GOLD AND MINERAL FIEI,D. Pal'ishes of Arbotlin and Blackdown, County of Bolwar'ra. Commencing at the easternmost corner of forfeited Mineral Lease No. 324, and bounded thence by lines true south one hundred and twenty-four and a-half chains, true west three hundred and sixty chains, true north one hundred and ninety-four and a-half chains, true east three hundred and sixty chains, true south seventy chains to the point of commencement, containing 7,000 acres i-exclusive of freeholds, reserves, and existing holdings or tenements under the Mining Acts. SIGNED by the said THE HONOURABLE') I ERNEST AI,BERT ATIIER'l'ON the Secretary for Mine.s of the SaidJE. A. ATHERTON. State in the presence of- A. A. S'l'AINES. SIG~ED by the said ALEXAKDER} . M.\cDONAW in the presence of- ALEXANDER MACDONALD. WM. W. ALDER. 21 K G o. eo 4 . 8. V. An Act to Approve, Ratify, and Confirm an Agree- THE COMMON- WEALTH JlIINES PRE- LIMINARY SYNDICATE LIMITED ment made between the Honourable Ernest Albert Atherton, the Secretary for Mines of the State of Queensland, and The Commonwealth Mines Preliminary Syndicate Limited, a AGREEMENT RATIFICA- Company incorporated and registered in TION ACT OF 1930. England, relating to Prospecting for Gold and certain other Minerals, and the Matter of Leases, Claims, and Mining Tenements in respect of certain Lands, and for other purposes. [ASSENTED TO 30TH DEOEMBER, 1930.] B- - ID it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- Short title. 1. This Act may be cited as "The Commonwealth Mines Preliminary Syndicate Limited Agreement Ratification Act of 1930."

1930. l\IINING. -------------------------------- ----- COlnlnonwectlth JJiines Syndieate, Etc., A.ct. 1327;5 2. The Agreement made on the second day of Ratification December, one thousltnd nine hundred and thirty, et betwe6n the Honourable Ernest Albert Atherton, the greement. Secretary for Mines of the State of Queensland, for and on behalf of and authorised by the Government of the said St,ate, and The Commonwealth Mines Preliminary Syndicate Limited, a company incorporated and registered in England, and having its registered office situated at 20 Grosvenor Mansions, 82 Victona Street, London, S.\\7.1. (hereinafter called "the Company"), a copy whereof is set forth in the Schedule to this Act, is ~ · chedule. hereby approved, ratified, and confirmed; and all matters and things to be done or performed under and pursuant to the said Agreement after the passing of this Act are approved and authorised, and shall be valid and effectual for all purposes whatsoever: Provided that- (a) Such portions of the area (the subject of the said Agreement as described in the Schedule thereto) as the Secretary for Mines deems necessary may be made available by him for Miners' Homestead Leases or other appro- priate tenure for residence or business or kindred purposes, or set apart for township purposes, in the same manner as if it were Crown Land; (b) The Company shall perform and observe all and every the provisions of *" The JJlines Regulation ACt8, 1910 to 1916," or any future amendment or modification thereof, in and about all works and operations of the Com- pany under or in pursuance of this Agreement; and such works and operations shall be subject to the provisions of the said Acts in the same manner and to the same extent as if such works and operations of the Company were mines and mining within the meaning of the said Acts. 3. It is hereby declared that Mr. Henry Marshall, Authority of bem· g the person appear.mg as.a SIgnat ory 0 f the sal' d MMra. rsHheanllr. v' Agreement on behalf of the Company as its attorney, is now and has been at all material times and occasions, and for the purposes of giving full legal effect to the ---- - - - - - ~ - - - - - * 1 Geo. V. No. 24; 3 Geo. V. No. 5; 7 Geo. V. No. 12, 8upm, page 8077.

1:3276 lVIINTNG. Commonn'calth "viiI/ps Syndicate, Et(· .. ~ 1ct. 21 GEO., V. No. 48, said Agreement, duly authorised and empowered to sign the said Agreement for and on behalf of the Company. Authority of 4. It is hereby declared that the Company is, and ~~: l~ r:: lo to was at all material times, fully empowered and authorised Agreement. to enter into the said Agreement. Moreover such Company is hereby authorised, if necessary, from time to time to make any amendment of or addition to its memoranda and articles of association which may be deemed necessary and expedient so to do by the Company in that behalf. SCHEDULE. THIS AGREEMENT made the Second day of December One thousand nine hundred and thirty BETWEEN THE HOXOURABLE ERNEST ALBERT ATHERTON the Secretary for Mines of the State of Queensland for and on behalf of and authorised by the Government of the said State (hereinafter called "the Minister" which expression where the context admits or requires shall be deemed to extend to and include the said THE HONOURABLE ERNEST ALBERT ATHERTON and his successors in office) of the one part and THE COMMONWEALTH MINES PRELIMINARY SYNDICATE I,IMITED a Company incorporated· and registered in England and having its registered office situated at 20 Grosvenor Mansions 82 Victoria Street London S.W.l (hereinafter called ,. the Company" which expression where the context admits or requires shall be deemed to extend to and include the said THE COMMONWEALTH MINES PRELIMINARY SYNDICATE LIMITED and its successors and permitted assigns) of the other part: WHEREBY 1'1' IR AGREED as follows- 1. The Minister shall without unnecessary delay endeavour to obtain the validation of this Agreement by an Act of the Legislature of the said State conferring on the Company the rights powers and privileges hereinaft.er set forth upon the terms and conditions hereinafter appearing. 2. Notwithstanding the provisions of Clause 9 hereof so long as this Agreement remains in force but subject aI-ways and without prejudice to all rights powers privileges and property of all and every person and corporation under or in respect of any Crown grant certificate of title lease claim or mining tenement now existing in respect of any part of the land hereinafter mentioned the Company shall have the sole and exclusive right to prospect and mine for gold and minerals (save and except coal and petroleum) upon and to apply for and take up and hold gold-mining leases mineral leases claims and mining tenements in respect of the lands the subject of this Agreement. 3. The lands the subject of this Agreement (hereinafter referred to as the" said land ") shall be six separate areas of approximately seventy thousand (70,000) acres in the aggregate and described in the Schedule hereto.

MINING. 13277 1930. Commonwealth Mines Syndicate, Etc., Act. 4. Subject as h~ reinafter provided so long as this Agreement remains in force no leases claims or mining tenements for essentially mining operations in respect of any part of the said land save and except such as any person or corporation may now or hereafter be entitled to have granted to him or it by reason of such person or corporation being now the applicant for or holder of any lcase claim or tenement in respect of any part of the said land shall be granted or issued by or on behalf of the Crown to any person or corporation other than the Company or the Company's nominee but nothing herein contained shall prevent or hinder the granting or issuing by or on behalf of the Crown to any person of any Miner's Homestead Lease or Leases or any appropriate tenure or tenures title or titles for residence business or kindred purposes of over or in respect of any part or parts of the said land nor the setting aside by or on behalf of the Crown of any part or parts of the said land for township purposes. 5. The right to prospect for or mine coal and petroleum upon the said land is expressly excluded from this Agreement and nothing herein contained shall prevent or hindar the granting or issuing by or on behalf of the Crown to any person or corporation of licenses permits leases and instruments to prospect for or mine coal and/or petroleum in upon or in respect of the said land or any part or parts thereof in the same manner and to the same extent as if this Agreement had not been executed. 6. The Company shall within a period of six months from the date of the ratification in manner hereinbefore provided of this Agreement procure itself to be registered in Queensland in pursuance of "The British Companies Act of 1886." 7. The Company shall- (a) Within a period of nine months from the date of the ratification in manner hereinbefore provided of this Agreement commence prospecting or developmental work on the said land; (b) During the term of this Agreement commencing on the ratification in manner hereinbefore provided thereof carry on continuously bona fide prospecting or develop- mental work on the said land and expend upon such bona .fide prospecting and developmental work not less than the following sums that is to say-within twelve calendar months from the date of the ratification in manner hereinbefore provided of this Agreement Ten thousand pounds (£10,000) and during each of the two following periods of twelve calendar months Ten thousand pounds (£10,000) ; {cl At the expiration of each period of twelve calendar months the first of which periods shall commence from the date of the ratification in manner hereinbefore provided of this Agreement give to the Minister such particulars and evidence of the amounts expended and the work carried out by the Company as aforesaid as the Minister shall require.

13278 MINING. Commonwealth Mines Syndicate, Etc., Act. 21 GEO. V. No. 48, . - . - ~ -~~ ~- - -- - -- . -- ~ .- . -- - -- - -- - - . ~ - - ~ 8. If and so far as *" The ~ fine8 Regulation Act,g, 1910 to 1916 " or any future amendment or modification thereof shall not extend or apply to the works or operations of the Company under or in pursuance of this AgTeement the Company shall perform and observe all and every the provisions of the said Acts or any future amendment or modification thereof in and about all works and operations of the Company under or in pursuance of this Agreement in the same manner and to the same extent as if such works and operations of the Company were mines and mining within the meaning of the said Acts. 9. If and when and so often as the Warden is satisfied that gold and/or minerals is or are found in payable quantities in the said land or any part or parts thereof and so certifies to the Minister and the Company the Company shall immediately apply for take up and acquire such part or parts of the said land as shall be defined in the Warden's certificate as Gold Mining Leases and/or Mineral Leases as the case may be under the provisions of the Mining Laws of the State then in force and such leases shall be granted to the Company. Such leases shall be granted upon and subject in all respects to the provisions of the said Mining Laws including the provisions relating to payment of rent and performance of labour conditions. For the purposes of this clause" the Warden" shall mean the Warden at Cooktown so far as relates to that part of the said land which is comprised in the Palmer Gold and Mineral Field the Warden at Georgetown so far as relates to that part of the said land which is comprised in the Etheridge Gold and Mineral :Field and the Warden at Hughenden so far as relates to that part of the said land which is comprised in the Woolgar Gold and Mineral :Field. 10. If at any time after the expiration of the period of twelve calendar months from the date of the ratification in manner herein- before provided of this Agreement the Company is of opinion that the result of prospecting does not warrant any further continvance of the Company's operations under this Agreement the Company shall give to the Minister notice in writing to that effect and UPOq the expiration of three calendar months from the date of such notice being given this Agreement shall immediately determine. The Company shall in such case give to the Minister full information as to the results of all prospecting Cltrrled out by the Company on the said lands and copies of all reports of its geologists in respect of such land. 11. The Company shall not assign transfer mortgage or charge its interest in this Agreement or the benefit or advantages thereof without the previous consent of the Governor of the said State in Council. 12. Subject to the provisions of Clause 10 hereof this Agreement shall remain in force for a period of five years from the date of the ratification in manner hereinbefore provided thereof PROVIDED THAT if the Company shall have expended during such period of five years a sum of not less than Fifty thousand pounds (£50,000) on bona fide prospecting and developmental work on the said land and produces evidence to the satisfaction of the Minister in respect * 1 Geo. V. No. 24; 3 Geo. V. No. 5; i Geo. V. No. 12, 8upr'a, page 80n.

MINING. 1: ~ 27! 1 1930. Commonwealth Mines Syndicate, Etc., Act. of such expenditure the Minister will at the request of the Company extend this Agreement for five years upon the same terms and conditions in all respects excepting the provisions of paragraphs (a) and (b) of Clause 7 and this right of extension. 13. If the Company shall make default in the performance or observance of any Agreement stipulation condition or provision herein contained and on the part of the Company to be performed or observed or if the Company shall be wound up or if an effective resolution is passed for the winding-up of the Company (not being in any case a winding-up for the purpose of reconstruction or amalgamation) the Minister may immediately thereupon cancel and determine this Agreement. Notice of such cancellation shall be sent to the Company at its registered office by post or cable and shall be deemed to have been received by the Company at the time when the same would in the ordinary course have been received by the Company and the fact that any such notice shall not have been received by the Company shall not invalidate or affect such cancellation. 14. Nothing herein contained shall be deemed to impose any personal liability on the said THE HONOURABLE ERNEST ALBER'f ATHERTON. 15. This Agreement shall be of no force or effect unless and until the same shall be ratified by an Act of the Legislature of the said State. IN WITNESS WHEREOF the parties hereto have executed these presents (,he day and year first above written. SCHEDULE. PALMER GOLD AND :MINERAL FIELD. Counties of Chelmsford and Mosman. Area15,000 acres. Commencing at Jessop's Hill, and bounded thence by lines true west forty chains, true north three hundred and twelve and a-half chains, true east four hundred and eighty chains, true south three hundred and twelve and a-half chains, true west four hundred and forty chains to the point of commencement :--exclusive of freeholds, reserves, and existing holdings or tenements under the Mining Acts. ETHERIDGE GOLD AND MINERAL FIELD. County of Percy. Percyville.-Area 10,000 acres. Commencing at a point one hundred chains true east from the eastern most corner of Section VI., town of Percyville, and bounded thence by lines true south one hundred and sixty chains, true west three hundred and twelve anJ a-half chains, true north three hundred and twenty chains, true 'east three hundred and twelve and a-half chains, true south one hundred and sixty chains to the point of commencement ;--exclusive of freeholds, J'cserves, and existing holdings or tenements under the Mining Acts.

13280 MINING. Comlmnwwlth Mines Syniicate, Etc., Act. 21 GEO. V. No. 48, 1930. County of Percy. Mount Hogan.-Area 10,000 acres. Commencing at a point one hundred and twenty chains true south from Mount Hogan, and bounded thence by lines true west one hundred and sixty chains, true north two hundred and twenty-five chains, true east fonr hundred and forty-four and a-half chains, true south two hundred and twenty-five chains, true west two hundred and eighty-four and a-half chains to tb.e point of commencement ;-exclusive of freeholds, reserves, and exiRting holdings or tenements under the Mining Acts. County of Victor. Gilberton.-Area 15,000 acres. Commencing at a point one hundred chains true south from Commissioner's Hill, and bounded thence by lines true west two hundred and fifty-two and a-half chains, true north four hundred and eighty chains, true east three hundred and twelve and a-half chains, true south four hundred and eighty chains, true west sixty chains to the point of commencement ;-exclusive of freeholds, reserves, and existing holdings or tenements under the Mining Acts. County of Victor. Agate Creek.-A1'ea 10,000 acres. Commencing at the junction of Digger's Creek with Agate Creek, and bounded thence by lines true east two hundred and twenty-five chains, true south four hundred and forty-four and a-half chains, true west two hundred and twenty-five chains, true north four hundred and forty-four and a-half chains to the point of commencement ;-exclusive of freeholds, reserves, and existing holdings or tenements under the Mining Acts. W OOLGAR GOLD AND MINERAL FIELD. County of 'Voolgar. Area10,000 acres. Commencing at a point sixty chains true west from Crapp's Battery at Middle Camp, and bounded thence by lines true north one hundred and t,wenty chains, true east four hundred and forty-four and a-half chains, true south two hundred and twenty-five chains, true west four hundred and forty-four and a-half chains, true north one hundred and five chains to the point of commencement ;-exclusive of freeholds, reserves, and existing holdings or tenements under the Mining Acts. SIGNED by the said the ") Honourable Ernest Albert ~ Atherton the Secretary for J Mines of the said State in the presence of- . A. A. STAINES. E. A. ATHERTON. I SIGNED by The Commonwealth") Mines Preliminary Syndicate Lilliited by its Attorney, \... Henry .Marshall, in the /' presence of- J WM. W. ALDER. The Commonwealth Mines Preliminary Syndicate Limited. By its Attorney- HENRY MARSHAI.L.