Palmer Development Coy. Limited Agreement Ratification Act of 1930 (21 Geo v No. 34) (Qld)

13264 MINING. Palmer Development Coy., Etc., Ratification Act. 21 GEO. V. No. 34, MACDONALD, ALEXANDER, MINING AGREEMENT RATIFICATION. See MINING. MEAT INDUSTRY BOARD. See STOfnL • MINING. Palmer Development Coy. Limited Agreement Ratification Act of '1930 .. Alexander Macdonald 111ining Agreement Ratification Act of 1930 .. Commonwealth Mines Preliminary Syndicate Limited Agreement Ratification Act of 1930 21 Geo. V. No. 34. 21 Geo. V. No. 47_ 21 Geo. V. No. 48. 21NGo.eo3. 4V. . An Act to Approve, Ratify, and Confirm an Agree- THE ment made between the Honourable Ernest PALMER DEVELOP- Albert Atherton, the Secretary for Mines of the MENT COY. LIMITED © State of Queensland, and Palmer Development AGREEMENT RATIFI- Coy. Limited, a Company incorporated and OATION ACT OF 1930. registered in Queensland, relating to Pros- pecting for Gold and the Matter of Leases, Claims, and Mining Tenements in respect of certain Lands, and for other purposes. [ASSENTED TO 18TH DECEMB"E;R, 1930.] 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:- Short title. 1. This Act may be cited as " The Palmer Develop- ment Coy. Limited Agreement Ratification Act of 1930." Ratifica1Ion 2. The Agreement made on the fifteenth day of A of groement. August, one thousand nine hundred and thirty, between the Honourable Ernest Albert Atherton, the Secretary for Mines of the State of Queensland, for and on behalf

MINING. 13265 19:10. PaInter Development Coy., Etc., Ratification Act. ~ - - --- --- - -- - -- - -~ - -- - ~- ~ -- --- - - ~ - - - - - ~ --- ~-- --- - of and authorised by the Government of the said State, and Palmer Development Coy. Limited, a company incorporated and registered in Queensland, and having its registered office situated at Cairns, in the said State (hereinafter called" the Company"), a copy whereof is set forth in the Schedule to this Act, is hereby approved, S"hedule. 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 what'soever : 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 Mines Regulation Acts, 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 the Company is, and Authority of was at all material times, fully empowered and authorised ~ ~ : r' : ' nfo 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. * 1 Geo. V. Xo. 24 and amending Acts, supra, page 8077.

J3266 :lIINING. Palrner Developrnent Coy., Etc., Ratification Act. 21 GEO. V. No. 34, SCHEDULE. THIS AGREEMENT made the fifteenth day of August One i:housand nine hundred and thirty BETWEEN THE HONOURABLE ERNEST ALBERT ATHERTON the Secretary for Mines of the State of Queensland for and on behalf of and authorised by the Govern- ment 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 P ALMER DEVELOPMENT COY. LIMITED a Company incorporated and registered in Queensland and having its registered office situated at Cairns in the said State (hereinafter ealled "the Company" which expres- sion where the context admits or requires shall be deemed to extend to and include the said PALMER DEVELOPMENT COY. LIMITED and its successors and permitted assigns) of the other part: "'-IV HEREBY IT IS 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 povvers 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 privi·· leges and property of all and every person and corporation under Or in respect of any lease claim or mining tenement now existing in respcet of any part of the land hereinafter mentioned the Company shall have the sole and exclusive right to prospect and mine for gold upon and to apply for and take up and hold gold-mining leases claims and mining tenements for essentially mining operations 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 four separate areas of approximately 573 acres 3 roods in the aggregate and described in the Schedule hereto. 4. 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 rellson of such person or corporation being now the holder of any lease claim or tenement in respeet 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 sha11--- (a) Within a period of nine months from the date of the ratification of this Agreement in manner hereinafter provided commence developmental work on the said lands;

J\UNING. 13267 1~ ) 30. Pal1ner Development Coy., Etc., Ratification Act. (b) During the term of this Agreement commencing upon the ratification thereof in manner herein- after provided carry on continuously bona fide developmental work on the said lands and expend upon such bona fide developmental work 1Iot less than the following sums of the Com- pany's own llloneys (in addition to any sums advanced by the Minister to the Company) that is to say-within twenty-foul' calendar months from the date of the ratification of this Agree- lllent in manner hereinafter provided Five thousand pounds (£5,000) and during each of the three following periods of twelve calendar months '1'\\"0 thousand pounds (£2,000); (e) At the expiration of Bach period of twelve calendar months the first of which periods shall be calculated from the date of the ratification of this Agreement in manner hereinafter pro- vided give to the i\Iinist8r such particulars and evidence of the amounts expended by the Com- puny as aforesaid as the ::\Iiniste1' shall require; (d) 'rake over and purchase from the Minister at the price of One thousand pounds (£1,000) the mines and mill plants the property of the Crown situated upon the said land. 'rhe Company shall from the date of this Agreement have the right to use the said plants for the purpose of the said developmental work but no property in the said plants shall pass to thE' Company nor shall the Company be deemeJ to have purchased - the said plants until the sum of One thousand pounds (£1,000) mentioned in Clause 7 hereof shall have heen applied by the Minister in satisfaction of the pUrl~ haR' ~ IT(mey for the said plants. 6. 1£ and when and so often as theWarden at Cooktown IS satisfied that gold is found in payable fJuantitics in the said land or any part or parts thereof and so certifies to the Minister and the Company the Company shall imme- diately apply for take up and acquire such part or part." OT the said land as shall be defined in· th e Warden's certificate as Goid }Hining Ileases under the provisions of the mining laws of the State then in foree and such leases shall be granted upon and subject in all respects to the provisions Ot the said mining laws including the provisions relating to payment of rcnt and performance of labour conditions. 7. Provided that the Company shall have performed amI observed all and every the agreements stipulations and provisions herein contained and on its part to he performed or observed the Minister 'sill in each of the five successive periods of tvyelve calendar months of the term of this Agree- ment (thc first of sueh periods commencing on the date of the ratification hereof in manner hereinafter provided) advance to the Company the sum of Two pounds (£2) for every foot of sinking and/or driving carried out by the

13268 MINING. Palmer Development Coy., Etc., Ratification Act. 21 GIW. Y. No. 34, Company during such period to the satisfaction of the Minister or the sum of One thousand pounds (£1,000) which- ever shall be the lesser sum PROVIDED that the Minister shall retain and apply in payment of the purchase money for the said mines and mill plants the first One thousand pounds (£1,000) 1;Yhich but for this provision would be payable by the Minister to the Company. 8. rfhe Company shall repay to the Minister each and every sum and sums of money from time to time advanced to the Company by the Minister under or in pursuance of Clause 7 hereof (including the said sum of One thousand pounds (£1,000) retained and applied in payment of the purchase price of the mines and mill plants as aforesaid) by payment from time to time to the Minister of sums of money equal to ten per centum (10 per cent.) of the gross proceeds of all gold WOn from each and every Gold Mining Lease acquired by the Company in pursuance of thi<; Agree- ment AND the Company shall if and when required by the Minister give to and execute in favour of the Minister to secure repayment of the said sums in manner aforesaid such mortgages liens bills of sale and securities as the Minister may from time to time require of or over all or any Gold Mining Leases claims mining tenements machinery plant appliances goods chattels and effects of the Company. 9. 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. 10. This Agreement shall remain in force for :J. period of five years from the date of the ratification hereof in manner hereinafter provided. 11. If at any time the Company shall make default in payment to the :Minister at the times and in the manner hereinbefore provided of any sum or sums of money payable by the Company to the Minister or in the performanee or observance of any agreement stipulation condition or pro- vision herein 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 regis- tered 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 notic-e shall not have been received by the Company shall not invalidate or affect such cancellation. 12. Nothing herein contained shall be deemed to impose any personal liability on the said THE HONOURABLE ERNEST ALBERT ATHERTON. 13. 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 vVrrNESS WHEREOF the parties hereto havE' 8xecuted these presents on the day and year first above written.

MINING. 1D30. Palmer Develolnnent Coy., Etc., Ratification Act. SCHEDULE. PARISH 01<' .;\IAYTOWN COUNTY OF CHELMSFORD. (Palmer Gold and Mineral Field.) Louisa.-Area 30 acres. Commencing at a point bearing 233 degrees and distant nine chains from the Louisa shaft, and bounded thence by lines bearing ;) degrees twelve chains, D5 degrees twenty-iive chains, 185 degrees twelve chains, and 275 degrees twenty-five chains to the point of commencement. Comet.-Area 87 acres. Commencing at a point bearing 256 degrees and distant twelve chains from the Comet shaft, and bounded thence by lines bearing 25 degrees thirty chains, 115 degrees twenty-nine chains, 205 degrees thirty chains, and 2D5 degrees twenty-nine chains to the point of commencement. Ida.-Area 221 acres 3 roods. Commencing at a point bearing 267 degrees and distant twenty chains from the Ida ~ haft, and bounded thence by lines bearing 16 degrees twenty chains, 106 degrees fifteen chains, 16 degrees twelve chains, 25 degrees thirteen chains sixteen and two-tenths links, 106 degrees fifty-two ehains and ninety-four and one-tenth links, 196 degrees thirty chains, 286 degrees thirty-five chains, 196 degrees fifteen chains, and 286 degrees thirty-five chains to the point of commencement. Q1~ een. - Area 232 acres. Commencing at a point bearing 157 degrees and distant seven and a-half chains from the Queen shaft, and bounded thence by lines bearing 30 degrees sixty-six chains, 300 degrees thirty-five 0hains, 210 degrees sixty-six chains, and 120 degrees thirty-five chains to the point of commencement. SIGNED by the said the} Honourable Ernest Albert Atherton the Secretary for E. A. ATHERTON. :Mines of the said State in the presence of- A. A. STAINES, Under Secretary for Mines. THE Common Seal of Palmer I Dwauaetsvheohloreiprtemytoeonfat fCafio<xyqe.duLorbiumymittehodef 1 HENRY K. N. MAcDONNELL, the Directors by Henry A. J. MORAN, King Nixon MacDonnell Directors. and Arthur John Moran two of the Directors in the presence of- I S. H. WARNER. Appointed by the Directors to countersign this Agreement. El 13269