Mining Trust Limited Agreement Ratification Act of 1929 (20 Geo v No. 8) (Qld)

. 12798 LIQUOR-MINING. ----------- -------- - - - - - - - - - - - - Mim'ng Tntst, Etc., Act. 20 GEO. V. No. 8, SCHEDULE. Particulars of Leases. (a) Date of Lease-12th March, 1924. Land-Allotments 4 to 8 of section 7 of portion 129, town of Babinda. Area-1 acre 1 rood. (b) Date of Lease-11th December, 1925. Land-Allotments 11 and 17 of section 7 of portion 129, town of Rtbinda. Area-1 acre 0 roods 8 perches. MINING. 20 Geo. V. An Act to Approve, Ratify, and Confirm an Agree- No. 8. THE ment made between the Honourable Ernest MINING TRUST LIMITED AGREEMENT RATIFICA- TION ACT OF Ul29. Albert Atherton, the Secretary for Mines of the State of Queensland, and The Mining Trust Limited, a Company incorporated and registered in Great Britain, relating to Pros- pecting for Minerals and the Matter of Mineral Leases, Claims, and Mining Tenements in respect of certain Lands, and for other purposes. [ASSENTED TO 22ND OCTOBER, 1929.] B E 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:- Sh ort ti tIe. I. This Act may be cited as "The Mining Trust Limited Agreement Ratification Act of 1929." Ratification 2. The Agreement made on the eleventh day of A of greement. September, one thousand nine hundred and twenty-nine, between the Honourable 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, and The Mining Trust Limited, a company incorporated and registered in Great Britain and having its registered office situated at Adelaide House, King William street, London (hereinafter called "the

MINING. 12799 1929. jl1ining Trust, Etc., Act. Company"), a copy whereof is set forth in the Schedule Schedule. to this Act, is 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. ! ~. It is hereby declared that Mr. Leslie Urquhart, Authority of being the person appearing as a signatory of the said ~ r. L;slie Agreement on behalf of the Company, as its agent, is rqu art. now and has been at all material times and occasions, and for the purposes of giving full legal effect to the said Agreement, duly authorised and empowered to sign the said agreement for and on behalf of the Company. 4. It is hereby dec~ ared that the Company is, and Authority of was at all material times, fully empowered and authorised ~~: fr: t: to to enter into the said Agreement. 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. 5. It is also hereby declared that the union of any ~on~olida. leases as set forth in section forty-two of *" The Mining ~ ~ o~ e~ f Act of 1898," which may be taken up and acquired a . pursuant to clause six of the said Agreement, shall at the option of the Company be approved, which approval shall be granted subject to the provisions of the said section forty-two of *" The JJiining Act of 1898." SCHEDULE. This Agreement made the eleventh day of September one thousand nine hundred and twenty-nine between the Honourable 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 a,nd include the said the Honourable Ernest Albcrt Atherton and his SUCCi ssors in office) of the one part and The Mining Trust Limited a Company incorporated and registered in Great Britain and having its registered office situated at Adelaide HOllse King William street London (hereinafter called" the Company" which expression where * 62 Vie. No. 24, supra, page 2178.

12800 MINING. lI1ining Tr1lst, Etc., Act. 20 GEO. V. No. 8, the context admits or req uil'es shall be deemed to extend to and include the said The Mining Trust Limited and its successors and permitted assigns} of the other part. Whereby it is agreed as follows : - 1. The Minister shall without unnecessary delay endeavour to ubtain the validation of this Agreement by an Act of the Legislature of the said State conferring upon the Company the rights powers and privileges hereinafter set forth upon the terms and conditions hereinafter appearing. 2. So long as this Agreement remains in force but subject always and without prejudice to all rights powers privileges and property of all and every person and corporation under or in respect of any 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 for minerals upon and to apply for take up and hold 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 an area of approximately 100,000 acres at Vt wn Hills in the said State described in the Schedule hereto. 4. So long as this Agreement remains in force no leases claims or mining tenements 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 or issued to him or it by reason of such person or corporation being now the holder of any lease 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. 5. The Company shall- (a) Within a period of nine months after the passing of the Act mentioned in Clause (I) hereof appoint and send to the said land a specially selected geological party properly equipped with all necessary plant tools and appliances; (b) After the arrival on the said land of such party immediately commence and thereafter unless prevented by any cause beyond the Company's control continuously proceed during the subsistence of this Agreement with prospecting operations upon the said land; (c) Before the expiration of a period of twelve calendar months after th{) arrival on the said land of the said party expend a sum of not less than ten thousand pounds (£10,000) in providing and equipping such party including the cost of transit thereof to the said land and in prospecting operations upon the said land; (d) In each period of twelve calendar months during the subsistence of this Agreement and succeeding the period mentioned in the last preceding paragraph expend in prospecting diamond-drilling and development of the said land such sums as the geologists of the Company shall recommend to be so expended;

MIXING. - - - - - - - - -~ - - - - 1929. Mining Trust. Etc., Act. (e) At the expiration of each period of twelve months mentioned in either of the last two preceding paragraphs give to the Minister such particulars and evidence of the amounts expendEd by the Company as aforesaid as the Minister shall require; (f) So long as this Agreement remains in force pay all rents and other moneys payable to the Crown in respect of all leases claims and mining tenements now subsisting in respect of any part of the said land. 6. The Company may from time to time so long as this Agreement remains in force take up and acquire so much of and such parts of the said land as the Company may desire as mineral leases in accordance with the provisions of the mining laws of the said State then in force. 7. If at any time after the expiration of the period of tweJ ve months mentioned in paragraph (c) of Clause 5 hereof the Company is of opinion that the result of the prospecting does not warrant any further continuance of the Company's operations under this Agreement the Company shall give to the Minister notice in writing to that effect and upon 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 carried out by the Company on the said lands and copies of all reports of its geologists in respect of such land. 8. The Company- shall not assign transfer mortgage or charge its interest in this Agreement or the benefit or advantage thereof without the previous consent of the Governor of the said State in Council. 9. Subject to the provisions of Clause 7 hereof this Agreement shall remain in force for a period of five years from the date of the passing of the Act mentioned in Clause I thereof. If at the expiration of the said period of five years the Company shall show to the satisfaction of the Minister that the Company has expended a sum of not less than one hundred thousand pounds (£100,000) in prospecting the said Jand and provided there shall not then be any subsisting breach of any Agreement condition or provision on the part of the Company to be observed or performed the Company may give to the Minister notice in writing that the Company desires an extension of this Agreement for any further term not exceeding five years and upon such notice being given the term of this Agreement shall be extended accordingly upon the same terms and conditions in all respects excepting the provisions of paragraphs (a) and (c) of Clause 5 hereof and this right of extension. 10. If at any time the Company shall make default in the performance or observance of any Agreement stipul8tion condition or provision hen-in contained and on the part of the Company to be performed or observed 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 12801

12802 MINING. .111ining Trust, Etc., Act. 20 GEO. V. No. 8, 1929. 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. 11. Nothing herein contained shall be deemed to impose any personal obligation or liability on the said the Honourable Ernest Albert Atherton. 12. 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 on the day and year first above written. SCHEDULE. County of Gregory, parishes of Bulmung, Lawn Hill, Lilydale, Mebbon and Tyum; area, approximately lOO,OOO acres. Commencing at a tree marked broad arrow over LS over V3 at the intersection of the south-east boundary of the parish of Tyum with the north-east boundary of the parish of Mebbon, and bounded thence by a line westerly about nine and three-quarter miles to a tree marked broad arrow over V over 2W over B over BVW over 2 at the westernmost corner of the parish of Tyum, by a line north-westerly to a tree marked broad arrow over SE on the left bank of Lawn Hill Creek, by a line north about seven miles, by a line east about seven miles, by a line south-easterly about twenty and a-half miles to the point of commencement. Signed by the said The HOnOUr-} ?,ble Ernest Albert Atherton S d) III the presence of- ( g. (Sgd.) A. A. STAINES. E A ATHERTON .. . And by the said The Mining) Trust Limited by its Agent Leslie Urquhart in the pres- (Sgd.) I~ ESLIE URQUHART. once of- (Sgd.) F. HAMBRIDGE. I I MINING TRUST LIMITED AGREEMENT. See J\fININ"G. MOUNT ISA TO DUCHESS RAILWAY. See RAILWAYS.