Queensland Cement & Lime Company Limited Agreement Order 1993 (Qld)

Queensland Subordinate Legislation 1993 No 153 Queensland Cement & Lime Company Limited Agreement Act 1977 QUEENSLAND CEMENT & LIME COMPANY LIMITED AGREEMENT ORDER 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Variation of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AMENDMENT AGREEMENT

2 Queensland Cement & Lime Company Limited Agreement No. 153, 1993 ˙ Short title 1. This order in council may be cited as the Queensland Cement & Lime Company Limited Agreement Order 1993 . ˙ Variation of agreement 2. The variation of the agreement provided for in the amendment agreement set out in the Schedule is approved.

3 Queensland Cement & Lime Company Limited Agreement No. 153, 1993 ¡ SCHEDULE AMENDMENT AGREEMENT section 2 THIS AGREEMENT is made the day of March 1993. BETWEEN: THE STATE OF QUEENSLAND of the First Part; AND: Q U EE N S L A ND C E M EN T L I M IT E D (A.C.N. 009 658 520) (“QCL”) and DARRA EXPLORATION PTY LTD (A.C.N. 009 800 355) (“Darra”), both having their registered office at Level 14, Waterfront Place, 1 Eagle Street, Brisbane in the State of Queensland (together called “the Companies”) of the Second Part. RECITALS A. The Queensland Cement & Lime Company Limited and Darra entered into an Agreement with the State of Queensland on 20 October 1977 (which Agreement, as varied by further Agreements made between the © State of Queensland and the Companies, is in this Agreement referred to as “the Principal Agreement”). B. The Queensland Cement & Lime Company Limited changed its name to “Queensland Cement Limited” on 8 February 1988. C. The Principal Agreement was authorised by the Queensland Cement&LimeCompanyLimitedAgreementAct1977 (in this Agreement referred to as “the Principal Act”). D. By an Agreement made on the 7th day of June, 1991 (“the Option Agreement”) between QCL and SOUTHERN PACIFIC PETROLEUM NL (A.C.N. 008 460 366) (“SPP”) and CENTRAL PACIFIC MINERALS NL (A.C.N. 008 460 651) (“CPM”), (SPP AND CPM together called “the Lessee”), QCL granted to the Lessee

4 Queensland Cement & Lime Company Limited Agreement SCHEDULE (continued) No. 153, 1993 an option to lease a certain parcel of land (described in the Option Agreement as the part of Lot 32 on Plan DS 433 in the County of Deas Thompson Parish of Targinie containing an area of 67.757 ha exclusive of 4.452 ha for a reserved esplanade being the land in Certificate of Title Volume C503 Folio 119 as is hatched in black on the Plan which is annexed hereto and referred to in this Agreement as “the Demised Land”) to be exercised in accordance with the terms and conditions contained in the Option Agreement. The option granted under the Option Agreement was exercised by the Lessee on 23 December 1991. E. Under Clause 8.3 of the Option Agreement, QCL agreed to provide such reasonable assistance as the Lessee may require to support any application for the variation of Clause 5 of Part II of the Principal Agreement so that the clause does not apply to the Lessee in respect of the Demised Land should it at any time seek to apply for or obtain any mining lease over the Demised Land. F. The land forming part of the “plant site” (as that term is used in Clause 5 of Part II of the Principal Agreement) is described in Schedule B to the Principal Agreement and includes the Demised Land. G. The Lessee has applied for a mining lease over the Demised Land. H. The Companies and the State of Queensland wish to vary Clause 5 of Part II of the Principal Agreement so that the clause does not apply to the Lessee in respect of the Demised Land, to which end the Companies have consulted with the relevant State Authorities, State Corporations and State Instrumentalities as required by Clause 5 of Part I of the Principal Agreement. NOW IT IS HEREBY AGREED that the Principal Agreement should be varied by: (i) inserting after Clause 5 of Part II a new Clause 5A to read as follows: “5A. (1) The provisions of the preceding Clause 5 do not apply to either the Lessee or its Permitted Assigns in respect of the Demised Land.

5 Queensland Cement & Lime Company Limited Agreement SCHEDULE (continued) No. 153, 1993 (2) For the purposes of this Clause 5A: (a) the “Lessee” means Southern Pacific Petroleum NL (A.C.N. 008 460 366) and Central Pacific Minerals NL (A.C.N. 008 460 651); (b) the “Permitted Assigns” means: (i) any person or company who may from time to time take the benefit of such rights under the Option Agreement as are capable of being assigned under Clause 9 of the Option Agreement; or (ii) where the Lease (as that term is defined in the Option Agreement) is executed and registered pursuant to Clause 5.3 of the Lease, the person or company who from time to time takes the benefit of the Lease by way of assignment, transfer, disposition or sublease in accordance with Clause 4.2 of the Lease; (c) “the Option Agreement” means the agreement relating to the Demised Land between Queensland Cement Limited (A.C.N. 009 658 520) and the Lessee made on the 7th day of June, 1991; and (d) the “Demised Land” means that part of Lot 32 on Plan DS 433 in the County of Deas Thompson Parish of Targinie containing an area of 67.757 ha exclusive of 4.452 ha for a reserved esplanade being the land in Certificate of Title Volume C503 Folio 119 as is hatched in black on the Plan which is Schedule E hereto. 1 ”; and 1 The plan may be inspected at the office of the department, 61 Mary Street, Brisbane.

6 Queensland Cement & Lime Company Limited Agreement SCHEDULE (continued) No. 153, 1993 (ii) adding a new Schedule E which contains a Plan in identical form to the Plan which is annexed hereto. EXECUTED by the parties on the date hereinbefore mentioned. SIGNED SEALED AND DELIVERED by the Honourable Tony McGrady the Minister for Minerals & Energy of Queensland for and on behalf of the Crown in right of the © State of Queensland ) ) ) ) ........................................ ) ) THE COMMON SEAL of QUEENSLAND ) CEMENT LIMITED was affixed by ) ....................................... authority of the Board of Directors ) Director in the presence of ) a Director and ) ........................................ the Secretary in the presence of: ) Secretary THE COMMON SEAL of DARRA EXPLORATION PTY LTD was affixed by authority of the Board of Directors in the presence of a Director and the Secretary in the presence of: ) ) ........................................ ) Director ) ) ....................................... ) Secretary ENDNOTES 1. Made by the Governor in Council on 20 May 1993. 2. Published in the Gazette on 21 May 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Minerals and Energy. The State of Queensland 1993