Sandalwood Act of 1934 (25 Geo v No. 18) (Qld)

LANDS, CROWN. 25 GEO. V. No. 18, 1934. Sandalwood Act. 15037 An Act to Provide for the Preservation of Sandalwood and for other purposes. [ASSENTED TO 22ND NOVEMBER, 1934.] 25 Geo. V. No.18. THE SANDALWOOD ACT OF 1934. 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:- 1. This Act may be cited as "The Sandalwood Act of 1934," and shall where necessary be read as Short title one with *" The Land Acts 1910 to 1932" and with and t" The State Forests and N dtional Parks Acts, ] 906 to construction. 1932" (and any Act amending or in substitution therefor). *" The Land Acts, 1910 to 1932," are herein referred to as the Principal Act. 2. tSubject as is herein provided, this Act shall come into operation on a date to be proclaimed by Commence- the Governor in Council by Proclamation published in ment of Act. the Gazette, which date is hereinafter referred to as the commencement of this Act. 3. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them , that is to say • '- I tw ~t n e . rpreta- " Commissioner "-A Land Commissioner within the meaning of the Principa. l A.ct; CommI.S- "Crown land"-Any land whICh IS Crown land sioner. within the meaning of the Principal CId Act: and in addition and for the purposes ['own an . of this Act the term shall also mean and include any Pastoral Holding, or any Pastoral Development Lease, or any Stud Holding, or any Prickly-pear Lease, or any Settlement Farm Lease, or any Grazing Selection, or any Special Lease, or any road or reserve, or any State Forest; "Forestry Board "-The Forestry Board N co a n ti s o t n it a u l te P d ar u k n s d A e c r ts + + , " 19 T 0 h 6 e toSt 1 a 9 te 32 F " o ; rests and FBooraersdt.ry * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. t Proclaimed in force as from 17th January, 1935 (Ga.=ette, 19th Jttnuary, 1935, page 158). t 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seq.

15038 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, License. Minister. Order in Council. Prescribed. Private land. Ranger. Regulations. Sandalwood. This Act. " License"-A license granted under this Act and for the time being in force ; "Minister"-The Secretary for Public Lands or other Minister of the Crown who for the time being performs his duties; "Order in Council "-Any Order in Council made under the authority of this Act; "Prescribed"-Prescribed by this Act or any Order in Council or regulation thereunder; "Private land"-Any land other than Crown land as hereinbefore defined; " Ranger "-A Commissioner, land agent, land ranger, forest officer, or any person duly authorised by the Minister to exercise for the time being any of the powers which by the authority of this Act may be exercised by a ranger; "·Regulations"-Regulations made under the authority of this Act; "Sandalwood" means the wood of the following tree, namely, Santalum lanceolatum: the term also means and includes the wood of any other tree which in the opinion of the Governor in Council is used or capable of being used as a substitute for Santalum lanceolatum and which the Governor in Council may from time to time by Order in Council prescribe; " This Act"-This Act and all Orders in Council and regulations thereunder; and subject to this Act the definitions in the Principal Act shall, mutatis mutandis, apply and extend to this Act. oP&frcoc. , huitbtiintigo,n Princ 4 i . paNl oAtwctithosrtainndainngy Aacntytohrinlgaw coorntrauilneedor ipnroctehses swliacinetdhnaoseluw. tood ofrfolmawobtotaitnhiengcoanltircaernys, enforopmertshoen,Cuonmlemssisshieoniserepxuermsupatendt to this Act, shall cut, get, pull, remove, ringbark, or destroy, or cause to be cut, got, pulled, removed, ringbarked, or destroyed sandalwood from or upon any land whatsoever without such license.

LANDS, OROWN. 15039 1934. Sandalwood Act. Any person offending against the provisions of this Penalty. section shall be liable to' a penalty of not less than five pounds or more than one hundred pounds or to imprison- ment for any term not exceeding six months; and moreover all sandalwood the subject-matter of any conviction for an offence against this section shall be forfeited to the Crown. 5. (1.) The Commissioner may from ti;me to time in License. his absolute discretion grant to any person a license to .enter upon any land and to cut, get, pull, remove, ringbark, or destroy sandalwood therefrom. (2.) Upon the grant of any such license in respect Power of of any Crown land the provisions of sections one hundred entry, &c. and ninety-nine and two hundred of the Principal Act relating to' licensees and lessees, together with such additions thereto or modifications thereof as the Governor in Council may from time to time by Order in Council prescribe either generally or in any particular case, shall apply and extend accordingly. (3.) The Commissioner may from time to time in his Discre~ ion of absolute discretion refuse to grant to any person a ~ ~: ~ lS­ license. The Commissioner may at any time in his absolute discretion cancel any such license without assigning any reason therefor. 6. Any license granted under this Act shaH be for ~rovisions of and in respect of the area as specified in the license and lIcense. not elsewhere. Any license shall be in the prescribed form and shall be subject to such terms, provisions, conditions, and stipulations as shall be prescribed. 7. No . application for any license to cut, get, pull, p0'rYIvnaetre° lfand remove, rmgbark, or destroy sandalwood from or upon to consent to any private land (other than an application by the i~ sue of owner of such land) shall be granted unless the applicant lIcense. shall first obtain and forward to the Commissioner the consent in writing of the owner of such land. 8. It may be a condition of any license to cut, ~ ondition of ge t ,pu 11 ,or remove san d a 1 woo d f rom or upon any C rown hbecetnhseesmalaey land that the licensee shall sell all sandalwood cut, got, of sandal- pulled, or obtained by him in accordance with the terms ;~ : !t; ~ --of such license to the Forestry Board at such price Board. and subject to such conditions as may from time to time be specified in or endorsed on such license.

15040 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, Agreement 9. The Forestry Board may from time to time ~ o!~ Je: ~ ry ~ urchase sandalwood from any person who holds a purchase lIcense to cut, get, pull, or remove same from or upon f sraonmdalpwr? lvoadte p . rivate land. The purchase price may from time to land.' tIme be agreed upon between the Forestry Board and such person as aforesaid. Powers of sCioomnemr, is&- c. 10. Any ranger may seize any sandalwood which he has reason to suspect has been cut, got, pu11ed, or removed from or upon any land in violation of this Act, and if any person on being charged before justices with having in his possession any sandalwood reasonably suspected of having been cut, got, pulled, or removed from or upon any land in violation of this Act fails to give an account to the satisfaction of such jU8tices of how he came by the same he shall be liable to a penalty of not less than five pounds nor more than one hundred pounds, and all such sandalwood upon any such conviction may become forfeited to the Crown. License to be 11. Every license issued under this Act must be produced on produced upon the demand of any ranger or the demand. owner or 1essee 0 f t he area' III respect 0 f wh 1 ' 0 h t h e same is issued. The failure by any person engaged in any of the acts for which this Act requires the authority of a license, to produce such license upon such demand as aforesaid shall entail upon such person the same consequences as if he were so engaged without the authority of such license. Licenses 12. A license issued under this Act shall not be &c., not' transferable and shall not entitle any person other transferable. than the person t 0 wh om 1 't was I.ssued t 0 exerCI.se the powers conferred thereby. Exemptions. 13. The Governor in Council may upon the recommendation of the Minister by Order in Council, from time to time either generally or in such cases and on such terms and conditions as he may think fit, exempt from any or all of the requirements of this Act any person or class of persons whom he may deem it expedient so to exempt. Power to restrict quantity. 14. (1.) The Governor in Council may by Order in Council from time to time fix the maximum quantity of sandalwood which may be cut, got, pulled, or removed from all or any land whatever within the State during the period mentioned in the Order in Council :

LANDS, CROWN. 15041 1934. Sandaltoood Act. (2.) Provided that licenses shall not be granted in respect of private land to authorise the cutting, getting, pulling, or removal of sandalwood in any quantity exceeding in the aggregate ten per centum of the total quantity as determined for the time being by Order in Council under subsection one of this section. 15. Licenses in respect of private lands shall be Licenses in granted in the order of priority of application, but the respectt of • ~ e quantIty of sandalwood to be cut, pulled, or removed lands. under any such license shall be determined by the Commissioner. 16. Any person committing a breach of or neglecting General or contravening or failing to comply with any of penalty. the provisions of this Act shall, where no other penalty is expressly provided, be liable on conviction to a penalty not exceeding fifty pounds. 1 7. (1.) All proceedings in respect of offences Proceedings against this Act shall be heard and determined in a in summary summary way by complaint under *" The Justices Acts, way. 1886 to 1932," and may be instituted by any ranger or by any other person who is authorised in that behalf by the Minister. (2.) Any such proceeding may be instituted within six months after the offence is committed or within six months after the discovery of the offence, whichever is the later period. (3.) Notwithstanding anything in any Act to the Minimum contrary, where any person is convicted of any offence penalty. against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty. (4.) In any proceedings under or for the purposes Evidence. of this Act- (a) Any allegation or averment III any information, complaint, pleading, summons, or writ that any person does not hold a license as prescribed or is not exempted from the requirements of this Act, as the case may be, need not be proved, and such person shall be deemed not to hold such license or not to be so exempted, as the case may * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et seq.

15042 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, be, until the contrary is proved by the production by him of the proper license or certificate of exemption or otherwise. (b) Such proceedings shall in the absence of evidence to the contrary be deemed to have been instituted by the authority of the Minister. (c) The production of any letter or telegram purporting to be signed by or for the Minister, and purporting to authorise any person to institute any legal proceedings shall be admissible in evidence of the proceedings, and shall be accepted as evidence of the authority of the person to institute the prosecution of proceedings. (d) The averment in any complaint of the date of discovery of any offence under this Act shall be prima facie evidence thereof. Provisions on (5.) Upon a conviction for an offence against this conviction. Act (and in addition to any other penalty) the following provisions shall apply to all sandalwood the subject- matter of such conviction, that is to say- (a) If such sandalwood has been seized in accordance with the provisions of this Act or of the Principal Act it may be forfeited to the Crown; or (b) If such sandalwood has not been so seized, or if such sandalwood has been ringbarked or destroyed, the person convicted may be ordered to pay to the Crown by way of damages shch sum as does not, in the opinion of the Court, exceed the value of such sandalwood. Forestry 18. The Forestry Board representing the Crown bcBoeoraaprodrattoion. f P o a r rk th s e A p c u ts r , po 1 s 9 e 0 s 6 o t f o *" 19 T 3 h 2 e ," St a a n te d F th or is est A s c a t nd sha N ll ati b o e na a l corporation sole by the name of " the Forestry Board," and by that name shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold lands, goods, chattels, and other property. * 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seq.

LANDS, CROWN. 15043 1934. Sandalwood Act. 19. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. 'Without limiting the generality of these provisions, such regulations may provide for an or any of the following matters :- (a) The application for licenses and the form of such app1ications. (b) The fees in respect of licenses. (c) The form oflicenses and the terms, provisions, conditions, duration, and stipulations of licenses including, in respect of a license regarding Crown land, the payment of a royalty in such amount as may from time to time be prescribed in or endorsed on the license, and the production by the licensee from time to time of his license to the Commissioner for the purpose of enabling the amount of such royalty payable for the time being to be endorsed thereon. (d) The maximum price at which sandalwood may for the time being be purchased by the Forestry Board. (e) The production by a licensee or holder of a certificate of exemption upon demand made by the Board of such license or certifica te for the purpose of any endorsement to be made thereon. (f) The regulation of the cutting, getting, pulling, or removal of sandalwood from or upon any land, including the inspection of such sandalwood prior to removal; the making of fees for such inspection; and prescribing grades and classifications of sandalwood. (g) The regulation of the carriage of sandalwood by road, rail, or otherwise.

15044 LANDS, CROWN. Sandalu'ood Act. 25 GEO. V. No. 18, Penalties. (h) Prescribing the size of sandalwood to be cut, and prevention of waste of sandalwood. (i) All matters required or permitted by this Act to be prescribed. (j) Penalties for offences against the regulations~ not exceeding in any case the sum of twenty pounds. Regulations (2.) Regulations may be made on the passing of this : arh~ emado Act, and moreover the provisions of section two hundred passing of and nine of the Principal Act relating to regulations this Act. sha 11 , mutat~ . 8 mutan d ~ ' 8, app1y and ext end accordm' g1y. Ratification 20. (1.) The Agreement made on the sixteenth day Aofgreement. of August, One thousand nine hundred and thirty-four, between the Honourable Percy Pease, Secretary for Public Lands of the State of Queensland, for and on behalf of the Government of Queensland, and Australian Sandalwood Company, Limited, a company incorporated and registered in the State of Western Australia, a copy Schedule. of which Agreement is set forth in the Schedule to this Act, is hereby approved, adopted, authorised, ratified, and confirmed; and all acts, matters, and things done or performed under or pursuant to the said Agreement hereby approved, adopted, authorised, ratified, and confirmed prior to the passing of this Act, or to be done or performed under or pursuant to the said Agreement after the passing of this Act, are hereby approved, adopted, authorised, ratified, and confirmed and are and shall be valid and effectual for all purposes whatsoever. Operation (2.) This section shall come into force on the of section. passing of this Act. g~ ~ ~ ~ ~ / ~ nd 21. Any Order in Council may be rescinded or regulations. amended, whether by addition or otherwise, by a subsequent Order in Council under this Act. No misnomer or inaccurate description in any Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject of such description provided the same is designated so as to be understood. All Orders in Council and regulations made or purporting to be made under this Act shall upon being published in the Gazette have the same effect as if they

LANDS, CROWN. 1934. Sandalwood Act. were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. The publication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein, and of the power and authority to make such Order in Council or regulation, as the case may be. All such Orders in Council and regulations shall be laid before Parliament forthwith, if then sitting; and, if not then sitting, within fourteen days after the commencement of the next ensuing session. If the Legislative Assembly, within the next fourteen sitting days after any Order in Council or regulations have been so laid before such House, resolves that such Orders in Council or regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such Orders in Council or regulations or to the making of any new Order in Council or regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of busineRs. 15045 SCHEDULES. MEMORANDUM of AGREEMENT made the Sixteenth day of August One thousand nine hundred and thirty-four BETWEEN THE HONOURABLE PERCY PEASE the Secretary for Public Lands of the State of Queensland for and on behalf of the Government of Queensland (hereinafter with his successors in office called "the Minister") of the one part AND AUSTRALIAN SANDALWOOD COMPANY LIMITED a Company incorporated and registered in the State of Western Australia in the Commonwealth of Australia and having its registered office for the said State at 69 King Street, Perth, Western Australia (hereinafter with its successors called " the Company" of the other part WHEREBY IT IS AGREED as follows : - 1. Subject to the next succeeding paragraph the Minister will not during any half-yearly period during the continuance of this Agreement (the first of which half-yearly periods shall commence on the Fifteenth day of June One thousand nine hundred and thirty-four and the subsequent half-yearly periods on the Fifteenth day of December and the Fifteenth day of June in each year during the continuance of this Agreement) sell for export to Hongkong or China

15046 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, or to any port for transhipment to any port in China or to Hongkong or Singapore any quantity of sandalwood (Santalurn lanceolaturn) from Crown lands in the State of Queensland which when added to sandal- wood cut on and from privately owned lands in Queensland and exported to Hongkong or China or to any port for transhipment to any port in China or to Hongkong or Singapore during such half-yearly period shall exceed 250 tons. Should the total deliveries of Australian sandalwood in Hongkong and China exceed 2,750 tons in any of the aforesaid half-yearly periods then for the half-yearly period then next ensuing the quantity of 250 tons mentioned in the last preceding paragraph shall be increased by ten per centum (10%) of the excess of such total deliveries over 2,750 tons but should the said total deliveries in any of the aforesaid half-yearly periods fall below 1,250 tons then for the half-yearly period then next ensuing ten per centum (10%) of the said total deliveries shall be substituted for the quantity of 250 tons so mentioned in the last preceding paragraph. The Company will arrange that the Sandalwood Export Committee (a body formed to administer the existing Agreement between the South Australian Government the Western Australian Government the Australian Sandalwood Company Limited and the Co-operative Sandalwood Company (South Australia) Limited) will supply to the Minister within six weeks after the expiration of each of the aforesaid periods of six months returns showing the quantities of South Australian sandalwood and Western Australian sandalwood and Queensland sandalwood delivered ex go.downs during such six- monthly period. 2. If the said Sandalwood Export Committee shall notify the Minister that in its opinion the quantity of sandalwood being obtained from privately owned lands in Queensland and exported adversely affects the Australian Sandalwood Industry the Minister will recom- mend to the Government of the State of Queensland the introduction of legislation at the first succeeding Session of Parliament for the controlling of the pulling and removal of sandalwood on and from privately owned lands in Queensland on lines similar to the legislation at present operating in South Australia and Western Australia. 3. Subject to the provisions hereof the Company shall act as sole agent of the Government of Queensland in Hongkong and China for the sale of all sandalwood and other aromatic woods cut on and from Crown lands in the State of Queensland and exported to Hongkong and China. In and in connection with all matters relating to the marketing and sale of all such sandalwood and other aromatic woods the Company shall obey all orders and directions given by the said Sandalwood Export Committee. Subject to the provisions hereof the Minister will not sell except through the Company any sandalwood for export to Hongkong or China or to any port for transhipment to any port in China or to Hongkong or Singapore. 4. For the purpose of this Agreement " sandalwood" shall mean sandalwood of the Basalt and Winton types (the specification of which types and the respective grades thereof are set forth in Schedule "A"

LANDS, CROWN. 1934. Sandaltuood Act. hereto) and all sandalwood supplied to the Company under or in pursuance of this Agreement shall conform to these types irrespective of the district of origin. If the Minister shall desire to sell for export to Hongkong or China or to any port for transhipment to any port in China or to Hongkong or Singapore sandalwood of other types and/or grades he shall from time to time advise the Company of the quantity of such types and/or grades of such sandalwood which he desires to export as aforesaid and the Company shall use its best endeavours to market such types and/or grades of such sandalwood at such price or prices as may from time to time be mutually agreed upon and such types and/or grades shall form part of the quantity of sandalwood which may be exported from Queensland as provided in terms of clause 1 hereof. If the Minister shall desire to sell for export to Hongkong or China or to any port for transhipment to any port in China or to Hongkong or Singapore other aromatic woods (if any) which are used as substitutes for sandalwood the Minister shall from time to time advise the Company of the quantity types and grades of such aromatic woods available for export and the Company shall use its best endeavours to market such aromatic woods at such price or prices as may from time to time be mutually agreed upon but the quantity (if any) of such aromatic woods so exported shall form no part of the quantity of sandalwood which may be exported from Queensland under and in pursuance of this Agreement. 5. The Company shall use its best endeavours to find a market for all sandalwood which may be sold for export from Queensland under and in pursuance of this Agreement and to obtain the best selling price therefor. The Company shall not without the consent of the Minister first had and obtained sell Basalt First Grade quality at a price less than twelve per centum (12%) above the then ruling price of Western Australian F.A.Q. wood or if there is no ruling price the price obtained at the last preceding sale of Western Australian F.A.Q. sandalwood and First Grade Winton type at a price less than twenty per centum (20%) below the then ruling price of South Australian F.A.Q. sandalwood or if there is no ruling price the price obtained at the last preceding sale of South Australian F.A.Q. sandalwood. The selling rates for other grades shall be such as may be agreed upon after trial consignments have been submitted in Hongkong and/or China. The Company will use its best endeavours to dispose of at least one-third of the maximum quantity of sandalwood which may be exported from Queensland under and in pursuance of this Agreement as Basalt No. 1 Grade. 6. The Company shall from time to time submit to the Minister requisitions for sandalwood for export based on the current market demand for the respective types and/or grades Provided THAT the Company shall during each half-yearly period during the continuance of this Agreement (the first of which half-yearly periods shall commence from the Fifteenth day of June One thousand nine hundred and t,hirty-four) requisition for the full quantity of sandalwood which may be sold for export from Queensland during such half-yearly period under and in pursuance of this Agreement. 15047

15048 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, Every such requisition shall give to the Minister not less than two calendar months' notice prior to the time therein specified as the time of desired shipment of the sandalwood requisitioned by the Company for export. 7. The Minister shall unless prevented by fire flood storm wet weather strikes lockouts combination of workmen force majeure or causes beyond the control of the Minister ship the sandalwood requisitioned by the Company as and when required by the Company. Such shipments shall be made as far as possible in the quantities types and grades requisitioned by the Company and all such sandalwood shall be placed on board steamer in Queensland and shipping freight on such sandalwood shall be prepaid by the Minister. If during any of such half-yearly periods as aforesaid the Minister through or on account of any of the causes in this clause specified has been unable to ship the total quantity of sandalwood which may be sold for export from Queensland during such half-yearly period under or in pursuance of this Agreement then the quantity of sandalwood which the Minister was so unable to ship shall if required by the Minister be added to the quantity of sandalwood which pursuant to this Agreement the Minister may sell for export from Queensland during the next ensuing half-yearly period and shall be requisitioned by the Company in addition to the quantity of sandal- wood for that half-yearly period. S. The Minister shall if and when so required by the Company furnish to the Company pro forma invoices consular certificates or any other document required by the Hongkong or Chinese Govern. ments from time to time in respect of any shipment of sandalwood. 9. If pursuant to any agreement made by or on behalf of the Minister or any person on behalf of the Government of Queensland with any person or company such lastmentioned person or company shall have cut and have at grass at the commencement of this Agreement any sandalwood the Minister may if he shall think fit permit such person to remove and sell all or any of such sandalwood but in such case the quantity by which such sandalwood so removed and sold together with the sandalwood exported from Crown lands in Queensland during the year ending the Fourteenth day of June One thousand nine hundred and thirty-four exceeds five hundred (500) tons shall form part of the quantity of sandalwood which may be exported from Queensland under and in pursuance of this Agreement during the first annual period of this Agreement. 10. The Company shall be entitled to commission at the rate of five per centum (5%) of the gross selling price (British currency) in China of all sandalwood exported under or in pursuance of this Agreement and sold by the Company PROVIDED THAT if the net return to the Minister from the sale of any shipment of sandalwood (after taking into account the costs incurred by the Minister in Queensland on such sandalwood) if the Company deducted commission as aforesaid is less than nine pounds (£9) per ton (Australian currency) the Company will not deduct commission in respect of such shipment.

LANDS, CROWN. 1934. Sandalwood Act. 11. The Company will at the time of shipment of any sandalwood -establish in the name of the Minister credits as required by the Minister through the Commonwealth Bank of Australia up to but not exceeding eighty per centum (80%) of the next preceding gross sale price or prices of the grade or grades of sandalwood requisitioned by the Company for shipment based upon the ruling rate or if there is no ruling rate based upon the prices received for similar grades from the last shipment and the Minister may draw on such credits at the time of shipment or at any time thereafter or at his option allow payment to stand over until the sale of each shipment is finalised. 12. The Company shall from time to time and as soon as possible after the sale of each shipment of sandalwood cause to be prepared account sales showing the net proceeds of each shipment of sandalwood. The net proceeds shall be ascertained by deducting from the gross sale price- (a) The cost of items as set out in Schedule B hereto; and (b) The amount of commission payable to the Company by the Minister in pursuance of this Agreement; and (c) The amount of any credit in respect of such shipment of sandalwood made available by the Company in pursuance hereof which has been drawn by the Minister; and (d) Any other charges which may be mutually agreed upon from time to time. Such account sales shall be prepared in a similar manner to those submitted monthly to the Governments of South Australia and Western Australia and shall be checked and certified by a Government accountant placed at the disposal of the said Sandalwood Export Committee for the purpose by the Government of Western Australia. 13. The Company will pay to the Minister the net proceeds arising from the sale of each shipment of sandalwood within two calendar months after delivery ex go-downs of such shipment of sandalwood. 14. If the Company shall make default in the performance or observance of the terms and conditions hereof or any of them 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 either case a winding-up for the purpose of reconstruction or amalgamation) or if the said Sandalwood Export Committee appointed pursuant to an Agreement bearing date the Twenty-first day of July One thousand nine hundred and thirty-two made between THE HONOURABLE ROBERT STANLEY RWHARDS the Commissioner for Crown Lands in and for the State of South Australia THE HONOURABLE JOHN SCADDEN, M.L.A., Minister for Forests in and for the State of Western Australia AUSTRALIAN SANDALWOOD COMPANY LIMITED and the CO-OPERATIVE SANDALWOOD COMPANY (SOUTH AUSTRALIA) LIMITED shall be disbanded or if in the opinion of the Minister the powers and constitution of the said Sandalwood Export Committee shall be materially altered or varied then and in any such case but without prejudice to any right or remedy 15049

15050 LAKDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, which may accrue or may have accrued to the Minister and notwith- standing the Minister may have refused or neglected to take advantage of a previous breach or breaches of a like nature the Minister may determine this Agreement by giving to the Company one month's previous notice in writing of his intention so to determine. 15. This Agreement shall come into operation on the Fifteenth day of June One thousand nine hundred and thirty-four and unless determined in manner herein provided shall remain in force until the Twentieth day of July One thousand nine hundred and thirty-seven. 16. Nothing herein contained shall impose or be deemed to impose any personal liability on the Minister his executors or administrators but all such liabilities shall be that of the Government of Queensland only. EXECUTED by the parties hereto the day and year aforesaid. SCHEDULE A. GRADES. 1st Grade- Basalt Type.. Species-Santalum lanceolatum. Number of Logs to ton not to exceed 140. Size of Logs.-Minimum circumference 12 inches measured at butt end 3 inches above ground level. Length of Log not less than four feet six inches, and not more than seven feet. All sapwood shall be removed and sound true wood (heartwood) only will be accepted. All surface, shelly, brittle, or unsound wood shall be adzed off, and centre pipe or unsound heartwood shall not exceed a diameter of two inches at the butt end. 2nd Grade- The production of this grade shall not be aimed at but shall consist of logs excluded from 1st Grade on account of defects. It shall be well cleaned of all sapwood, shelly and brittle wood. Centre pipe or unsound heartwood shall not exceed a diameter of two inches at the butt end. Species .-Santalum lanceolatum. Number of Logs to ton not exceeding 250. Length of Log.-Not less than 4 feet 6 inches and not more than 7 feet.

LANDS, CROWN. 1934. Sandalwood Ad. Pieces- Species-Santalum lanceolatum. The production of pieces shall not be aimed at but all pieces of true wood (heartwood) not conforming to 1st and 2nd Grades shall be bagged. No piece to be less than 2 lb. in weight and to be free from dirt. 1st Grade- Winton Type. Species-Santalum lanceolatum. Number of Logs to ton not to exceed 140. Size of Logs.-Minimum circumference 12 inches measured at butt end 3 inches above ground level. Length of Log.-Not less than 4 feet 6 inches and not more than 7 feet. Logs shall be well sapped in accordance with established trade practice and no logs after sapping shall carry more than 25 per cent. of sapwood and shall be sound and free from shelly and brittle wood. 2nd Grade- The production of this grade shall not be aimed at but shall consist of logs excluded from 1st Grade on account of defects. Species.-Santalum lanceolatum. Number of Logs to ton not exceeding 250. 15051 SCHEDULE B. China- DISBURSEMENTS. Receiving from ship's slings and delivering into go-down. Storage in go-down. Refund of storage to dealers. Fire insurance in go-down. Interest on total disbursements in China. Company's charge for establishing letter of credit if required by Government at Hongkong and Shanghai Banking Corporation current rate of intcrest. Company's overheads as approved from time to time ,for all States by the Sandalwood Export Committee. Special Additional Charges Applying on Shanghai Shipments as under-- Customs duty. Exchange brokerage. Interest on native bank orders.

15052 LANDS, CROWN. Sandalwood Act. 25 GEO. V. No. 18, 1934. Australia-- Company's overheads at 5s. per ton (Australian currency). Advances by letter of credit or cash. Any other charges as may be agreed from time to time in accordance with clause 12. Note.-Loss of weight in steamer transit and in go-down to be on account Queensland Government. SIGNED by the said THE HONOUR- ABLE PERCY PEASE the Secretary for Public Lands of the State of Queensland for and on behalf of the Government of Queensland in the presence of- (Sgd.) V. GRENNING. (Sgd.) P. PEASE. THE COMMON SEAL of Aus- TRALIAN SANDALWOOD COM- PANY LIMITED was hereto affixed by order of the Board of Directors in the presence of- (Sgd.) N. S. TAYLOR, Secretary. Australian Sandalwood Com- pany Limited Common Seal. (Sgd.) A. E. JACKSON, Director. (Sgd.) . STANLEY H. BURRIDGE, Director. SIGNED for and on behalf of the) AUSTRALIAN SANDALWOOD (Sgd.) S. L. KESSELL, EXPORT COMMITTEE in the \ Chairman. presence of- (Sgd.) C. M. F. TRILL.