State Coal Mines (Amendment) Act 1951 (NSW)
STATE COAL MINES (AMENDMENT) ACT.
Act No. 34, 1951.
An Act to enable permissive occupancies of the
| Oakdale State Coal Mine to be granted; for | ‘ |
| this purpose to amend the State Coal Mines |
| Act, 1912-1948; and for purposes connected | . |
| therewith. | [Assented to, 27th November, |
| 1951.] |
T ) E it enacted by the King's Most Excellent Majesty,
I f by and with tbe advice and consent of the Legis
lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the “ State Coal Mines siimt title
| (Amendment) Act, 1951.” | ertatioa. |
( 2 )
264 State Coal Mines (Amendment) Act.
| No. 34, 1951. | (2) | The State Coal Mines Act, 1912, as amended by |
subsequent Acts and by this Act, may be cited as tbe
State Coal Mines Act, 1912-1951.
| Amendment | 2 . Tbe State Coal Mines Act, 1912-1948, is amended— |
| of Act No. 70,1912. |
| (a) | by inserting next after section twelve the follow |
New see.
| 12a. | ing new section;— |
| Permissive | 12a. (1) Notwithstanding tbe provisions of |
| occupancies |
| of Oakdale | this Act, the Governor may on tbe recommenda |
| State Coal | tion of tbe Minister grant a permissive |
| Mine. | occupancy or occupancies of any part or parts of the land described in the First Schedule to this Act to any person for any or all of the following purposes, that is to say:—the winning, working, getting, raising and disposal of coal from such land and purposes incidental thereto and developing the Oakdale State Coal Mine. |
| Any such permissive occupancy granted to Coal Rights Proprietary Limited shall be granted subject to conditions substantially in accordance with and conforming generally to the conditions contained in the Second Schedule to this Act. | |
| Any permissive occupancy granted to any person other than Coal Eights Proprietary Limited shall be granted subject to such condi tions as the Governor may deem expedient. Such conditions shall so far as is practicable and the circumstances permit be substantially in accordance with the relevant conditions contained in the Second Schedule to this Act. | |
| (2) (a) The Governor and any person to whom a permissive occupancy has been granted in accordance with the provisions of subsection one of this section may agree to any variation or amendment of the conditions of such permissive occupancy. |
| (b) | Any such permissive occupancy |
may be determined or terminated in accordance with the conditions of such permissive
| occupancy. | (c) |
| state Coal Mines (Amendment) Act. | 2C5 |
| (c) | No such permissive occupancy | 3^951. |
shall be assigned, underlet or otherwise dealt with except in accordance with the conditions of such permissive occupancy.
(3) The provisions of sections 14b and
fifteen of this Act shall not apply to or in respect of any land being worked by any person under a permissive occupancy granted in accordance with the provisions of subsection one of this section.
(4) All acts, matters or things for or with respect to which provision is made in any such permissive occupancy, or which, by such permissive occupancy, are agreed, directed, authorised or permitted to bo made, done or executed by or on behalf of Ilis Majesty, the Governor, the Minister, the Authority or any other person are hereby sanctioned, authorised and confirmed.
(5) Such of the conditions to which any permissive occupancy granted in accordance with the provisions of subsection one of this section is subject and which require or prescribe any act or thing to be done or not to be done by the person to whom such permissive occupancy has been granted shall in addition to being read and construed as conditions of such permissive occupancy also be read and construed as agreements whereby such person covenants with His Majesty His Heirs and Successors and with the Authority and as a separate covenant with each of them to observe and perform such conditions.
(6) The person to whom any permissive occupancy has been granted in accordance with the provisions of subsection one of this section shall—
| (a) | be deemed to be the owner of a mine for the purposes of the Coal Mines Regulation Act, 1912-1947. the Mines Rescue Act, 1925, and the Coal and Oil |
Shale
266 State Coal Mines (Amendment) Act.
| Ho. 8 4 ,1 951. | Shale Mine Workers (Superannuation) Act, 1941-1950, or any Act amending any such A cts; |
| (b) | from time to time upon demand pay to the Authority an amount equivalent to the amount payable by the Authority to the Commonwealth under section five of the Coal Mining Industry Long Service Leave Act, 1950-1951, in respect of coal produced by such person at the Oakdale State Coal Mine. |
| New | (b) by inserting at the end thereof the following |
| Schedules. | Schedules:— |
| Sec. 12a. | f i r s t | SC H E D U L E . |
All those pieces or parcels of land known as the Oakdale S tate Coal M ine em bracing an area of about 9,oU0 acres w ithin the Parishes of B urragorang and W erribcrri, County of Camden, Land D istric t of P icton , Wollondilly Shire, vested in the S tate Coal Mines Control Board in accordance w ith the provisions of subsection one of section 15 of the S tate Coal M ines Act, 1912-1942, by notification published in the Governm ent Gazette No. 150 of 26th November, 1948, control of which under the nam e of the B urragorang S tate Coal M ine was vested in the S ta te M ines Control A uthority by notification published in the Government G azette No. 99 of 23rd June , 1950, being the Crown lands w ithin the following boundaries: Commencing a t the south-western corner of portion ML. 3, P arish of B urragorang; an d bounded thence by portions ML. 8, ML. 2 and 87, P arish of B urragorang, to the south-western corner of portion ML. 4, P arish of W erriberri; thence by the western boundaries of the la tte r portion and of portions ML. 1 and ML. 8 to the south-western corner of portion 50, P arish of W erriberri; by th a t portion, portions 101, 11, 42 and 4 to a point due west of the north-w estern corner of portion ML. 10, P arish of W errib e rri; by a line, the northern and an eastern boundary of th a t portion, part of the northern and p art of the eastern boundaries of portion ML. 11 and the northern and eastern boundaries of portion ML. 12 to the northern boundary of portion 54, P arish of W erriberri; by th a t portion, portions 53, 52, 51 and 57, P arish of W erriberri, p art of the western boundary of Reserve 51,860 from Sale for Q uarry, and portions 154, 42, 84, 13, 152, 151 and 169, P arish of B urragorang, to the south-eastern corner ■of portion ML. 5; thence by the southern boundaries of th a t portion and of portions ML. 4 and ML. 3 to the point of commencement.
SEC O N D
| state Coal Mines (Amendment) Act. | 267 |
| No. | 34, 1951. |
| SEC O N D | S C H ED U LE. |
| Conditions of Permissive Occupancy to Coal Rights Pty. Ltd. | Sec. 12a. |
1. —In these conditions unless the context otherwise requires the IDefmitions.
s in g u la r includes the p lural and vice versa and the following -expressions shall have the m eanings set opposite thereto xespectively;—
“A uthority” means the S tate Mines Control A uthority.
“M inister” means th e M inister fo r Mines of the S tate of New
South Wales and his successors in office.
“M onth” means calendar month.
“Occupier” means Coal E igh ts P ty . Ltd.
“The Occupier’s M ine” means the W ollondilly Extended Colliery
worked by the Occupier and which adjoins the S tate Mine.
“The S ta te M ine” means the Oakdale S ta te Coal Mine.
2. —The Occupier shall search for win work get and raise coal in Occupier
| -and under the S tate M ine upon and subject to the conditions here- to work coal in | in a fte r contained and shall also carry out such developmental work | State Mine. |
| as tlie A uthority may from tim e to tim e direct in accordance witli such conditions. |
| 3. | — The Occupier sliall work and get coal in and under the S tate | To work |
| only by |
| M ine by means only of underground workings tlirough the Occupier’s | underground |
| M ine and shall bring such coal to the surface only through the | workings |
| tunnels or adits used for the purposes of the Occupier’s m ine and | through ad |
| the Occupier unless so directed by the A uthority shall m ake no adits | joining mine. |
| -or other openings on the S tate M ine nor shall i t carry on any surface operations on the S tate Mine. |
4. — (a) Subject to the provisions hereinafter in th is Clause con- Method of
ta ined the Occupier shall during the continuance of the permissive
occupancy work and develop the S tate M ine in accordance w ith the sta te Mine,
instructions from tim e to tim e given to it by the A uthority.
(b) The developmental works which the Occupier m ay be directed to carry out by the A uthority shall be substantially those shown in the P relim inary M ine W orking P lan prepared by the A uthority for the land subject to the permissive occupancy and catalogued as Z190 in the office of the A uthority , bu t i t is to be d istinctly understood th a t such plan does not purport to be a final plan but merely a plan to show in general principle w hat is intended.
(c) In addition to the working of coal in the carrying out of developmental works as aforesaid the Occupier shall be perm itted tc •work the coal in the approxim ate areas shown in the said Preliniinar;, M ine W orking P lan , but the A uthority shall have the righ t to determ ine when and the order in which such areas shall be worked
(d) The general method of working and the development of the S ta te M ine shall so fa r as the A uthority considers possible be deter m ined by the A uthority in consultation w ith the Occupier.
| . | (e) |
268 State Coal Mines (Amendment) Act.
| No. 34, 1951. | (e) In m aking any determ ination or giving any instructioni under the provisions of th is Clause the A uthority shall take in to account the obligations which have been imposed upon the Occupier under Clause 7 of these Conditions. |
| (f) In the event of any dispute arising between the A u th o rity and the Occupier under the foregoing provisions of this Clause the m atte r shall be referred to the M inister whoso decision shall be final fo r the purpose of th is Clause; but a decision of the M inister under th is Clause shall not be conclusive in any case where neglect or fa ilu re to comply w ith an instruction of the A uthority given under th is Clause is relied upon as a ground fo r determ ination of the permissive occupancy under Clause 11. |
| Occnpier | 5.— Subject always to the provisions of Clause 4 of these Conditions |
| to work |
| State Mine | the Occupier shall observe and perform the following provisions of |
| in best and | th is Clause in the working and development of the S tate M ine:— |
| niost |
| effectual | (a) The Occupier shall upon and during all lawful w orking days except when prevented by any cause beyond its control (including w ithout restric ting the generality thereof in evitable accident industria l dispute or disturbance or Govern m ental in terference) or during the execution of repairs, work and develop the S tate M ine and got and raise coal therefrom in the best and most effectual m anner and to the best advantage w ithout in terrup tion . |
| Prainage | (b) The Occupier shall a t all tim es effectually drain th a t part has carried out or is carry ing out any work (including, developmental work) and pum p all w ater likely to cause in ju ry thereto or which would prevent or in terfere w ith th e w orking thereof and if such p art or parts of the S ta te M ine shall be affected or be liable to be affected by the same flow or body of w ater as any other m ine or m ines con tiguous thereto shall if and whenever requested so to do contribute w ith the lessee or lessees or owner or owners of such other m ine or mines a reasonable proportion of the m achinery and labour necessary to free and keep such m ine or mines free from w ater to a workable extent or if such p art or parts of the S tate M ine shall be kept free from w ater to a workable extent either wholly or partially by means of the m achinerv and labour of a contiguous mine or m ines or by reason of any works constructed or money expended by the lessee or lessees owner or owners of such contiguous mine or mines—then shall pay to such lessee or lessees owner or owners as aforesaid a reasonable proportion of the cost of such m achinery labour or works or a reasonable propor tion of the money so expended and the M inister may if and' whenever he shall th ink fit depute some efficient person who shall have access to and inspection of all such mines to- determ ine when such part or parts of the S tate M ine is so freed or kept wholly or partially free from w ater and w hat |
| o f | or those parts of the S tate M ine upon which the Occupier |
| State Mine. |
| state Coal Mines (Amendment) Act. | 269 |
| are the reasonable proportions of such expenses aforesaid | 1951. |
| and to whom and when the same are to be paid—such decision to be final and conclusive on all parties* |
| (c) | The Occupier shall make such provision for the disposal Ihsposal of | |
|
dirt waste
| parts of the S ta te M ine upon which the Occupier has carried | or refuse. |
| out or is carrying out any work (including developmental work) th a t the same shall not be an inconvenience nuisance or obstruction to any roadway river creek private or Crown lands or in any m anner occasion any public or private damage or inconvenience. |
| KA) The Occupier shall as often as required so to do | make Plans |
| and deliver to the M inister or any officer appointed or | Returns and Statistics |
| instructed to collect obtain or receive the same ail such | required by |
| tru e and proper plans and sections returns and statistics | Minister. |
| of the workings and operations of the Occupier in and upon th e S tate M ine made up to the last day of the i)rcceding m onth (the tru th and accuracy of which shall be verified by the sta tu tory declaration of the m anager or other officer of the Occupier having the charge control and direction of th e works of the Occnpier in and upon the S tate Mine) as the M inister shall from tim e to tim e direct. And shall and will whenever required by the M inister so to do deliver to any officer appointed or instructed as aforesaid samples of the m inerals m etals and ores or any of them found in or upon the S ta te Mine. |
| <,e) The Occupier shall make proper and reasonable compensation Oompensa- ot any adjoining land in respect ot any damage which may ,jf adjoining be sustained by him or them by reason of the working lands, by the Occupier of the S tate M ine or the carry ing on by the | to the occupier or occupiers lessee or lessees from tlu; Crown tion to com pensation to be determ ined by the M inister or by some person authorised by him so to do. |
| (,V) The Occupier shall a t all tim es keep and preserve th a t p art Occupier to keep in good | or those parts of the S tate M ine upon which the Occupier | repair. |
| has carried out or is carry ing out any w'ork (including developmental work) from all avoidable in ju ry or damage and also the levels d rifts shafts watercourses roads ways works erections and fixtures therein and thereon in good repa ir and condition. |
H is M ajesty H is H eirs and Successors and the A uthority Rigid of
| w 'ithout compensation to the Occupier may make and use | Ma jesty |
in on or under the S tate M ine any levels d rifts leads shafts
watercourses adits roads ways and passages for freeing and drifts
keeping free any p art or parts of the S ta te M ine or any etcetera,
other lands or m ines from w ater or fo r conveying water
to any other lands or m ines for m ining purposes or for
supplying any part or parts of the S ta te M ine or any other
mines
270 State Coal Mines (Amendment) Act.
| Ho. 34, 1951. | m ines w ith fresh a ir or fo r effectually working any p art or parts of the S ta te M ine or any other mines or for any o th e r public purpose whatsoever causing as little dam age obstruc tion or interference as possible to or w ith th a t p art or those parts of the S ta te M ine upon which the Occupier has carried out or is carry ing out any work (including developmental w ork). |
| Occupier to | 6.— The Occupier shall a t its own cost and expense provide procure- |
| provide |
| plant and | and insta l all such surface and underground p lant m achinery |
| machinery. | fittings equipm ent and m aterials (including m aterials required fo r the support of roofs and sides) as may be necessary fo r the purposes of or in connection w ith the searching fo r w inning working getting raising and loading of coal or the carrying out of any developmental work in accordance w ith the conditions of the permissive occupancy and shall a t all tim es a t its own cost and expense keep all such p lan t m achinery and equipm ent in repair and in good ru nn ing order and condition. |
| Daily output | 7.— The Occupier shall as from an agreed date, except when restric ting the generality thereof inevitable accident industria l dispute or d isturbance or Governm ental interference) or during the execution of repairs win work get and raise not less th an 800 tons of coal per w orking day and shall progressively increase the ra te o f production so th a t w ithin nine months afte r th a t date the average output per w orking day from the S tate M ine shall be not less th an 2,000 tons of coal and the Occupier shall thereafter m ain ta in an average ou tput of not less than 2,000 tons of coal per w orking day taken over any three m onthly period in respect of which accounts are to be furnished under Clause 8. |
| of coal by | prevented by any cause beyond its control (including w ithout |
| Occupier. |
| Occupier to | 8.— (a) The Occupier shall a t the expiration of each period o f |
| account to |
| Authority | three m onths during the continuance of the permissive occupancy |
| every three | fu rn ish the A uthority w ith a tru e accurate and comprehensive re tu rn |
| months. | in w riting showing the am ount of coal produced a t the S tate M ine and conveyed to the p it m outh of the Occupier’s M ine during the said period of three m onths. And every such re tu rn shall be verified by S tatu to ry D eclaration of the Secretary, A ccountant o r other responsible ofilcer of the Occupier or by such other means as the A uthority shall require. |
| (b) The Occupier shall a t the expiration of each period o f th ree m onths pay to the A uthority the sum of two shillings (or such other sum as m ay be fixed from tim e to tim e under paragraph (c) of th is Clause) for every ton of coal produced by the Occupier in carry ing out any work (including developmental work) in and upon the S ta te iMine during the said period of th ree m onths. T he am ount due under th is paragraph shall bo paid a t the tim e th e re tu rn referred to in paragraph (a) of th is Clause is furnished, and if not so paid may be recovered by the A uthority as a debt in a court of com petent ju risd iction . |
(c )
| state Coal Mines (Amendment) Act. | 271 |
(c) In the event of the royalty (a t present sixpence per ton) No. 34, 1951.
payable on all shale or coal won from land demised by lease granted under P a r t I I I of the M ining Act, 1906-1946, being increased the A uthority may vary the am ount per ton payable to it under paragraph (b) of th is Clause by the addition thereto of the am ount of such increase.
9.— (a) The Occupier shall duly enter and keep in a suitable book Occupier to or books to be kept during the continuance of the permissive keep proper occupancy for th is purpose a t a proper office at the Occupier’s Mine
tru e particu lar and complete records of the tonnage of coal produced
by the Occupier a t the S tate Mine.
(b) The Occupier shall from tim e to tim e if so required to do And to
by the M inister or the A uthority produce all books, vouchers, docu- P'^oduce.
ments, papers and evidence to any person or persons authorised by
the M inister or the A uthority so far as such inspection may be
reasonably required for the purpose of ascertaining the perform ance
or non-perform ance by the Occupier of the conditions of the
permissive occupancy on its part to be observed and performed.
| 10.— The Occupier shall perm it and enable any person or persons authorised by the M inister or the A uthority conveniently to descend | Ocrapicr |
| to allow autliorisccJ | |
| in to and to view and m inutely examine and survey the workings of | persons to |
| the Occupier in or upon the S tate M ine (including any developmental | examine |
| work which the Occupier has been required to do under the permissive | workings. |
| occupancy or the conditions thereof) and all outstrokes and instrokes connected therew ith and also the workings of any adjoining m ine or m ines connecting or com m unicating w ith the workings of the Occupier in or upon the S tate M ine or any p art thereof and to measure the same and to adopt any other proper means to ascertain the real sta te position condition or adm easurem ent thereof and to inspect all the m achinery p lant and equipm ent in use in the S tate M ine and the sta te and condition thereof and also conveniently to ascend and re tu rn therefrom , such person or persons thereby in te r ru p tin g as little as may be the workings of the Occupier in or upon the St.ate M ine or any adjoining m ine AMD for tbe purpose afore said if so required the Occupier shall direct and cause the M anager or U nder M anager of the Occupier with one or more of the work men or servants employed by the Occupier who shall have a fu ll and perfect knowledge of the workings of the Occupier in or upon the S ta te M ine (including any such developmental works as aforesaid) and any adjoining m ine to a ttend and by giving fu ll inform ation or otherwise assist such person or persons authorised as aforesaid to view and survey the said workings. |
11.— (a) The permissive occupancy may be determ ined a t any tim e Determina-
| by the Governor by notification published in the Government Gazette | . |
| i f three m onths’ notice of in tention to determ ine the same shall have |
| previously been given | to | the | Occupier | P R O V ID E D | H O W E V E R py Goverimr. |
th a t if the Occupier has continued to work and develop the S tate
Mine
272 State Coal Mines (Amendment) Act.
Ao 34, 1951. M ine substantially in accordance with its obligations under these Conditions the Governor shall not determ ine the permissive occupancy under th is Clause prior to the expiration of ten years from the date of commencement of the permissive occupancy. Any notice given under this Clause shall be in -writing and shall be signed by the Under Secretary for Mines or the person fo r the tim e being acting as such.
(b) Upon term ination of the permissive occupancy under th is Clause the Occupier shall have the righ t by notice in w riting given to the A uthority w ith in one m onth afte r notice of term ination, to require the A uthority to buy from it all such p lant m achinery and equipm ent then being used in the S tate M ine by the Occupier as shall have been installed or used in the S tate M ine with the approval in w riting of the A uthority.
(c) X othing in th is Clause shall affect the provisions of Clause 13 of these Conditions.
| Price to be | 12.— (a) W here the A uthority is required under Clause 11 to buy |
| (paid for | plant, m achinery and equipm ent or where under Clause 13 the |
| .plant, | A uthority has exercised the righ t to require the Occupier to sell |
| machinery | |
| and | plant, m achinery and equipm ent to it, the price to be paid for such |
| equipment. | plant, m achinery and equipm ent sliall be the actual cost of such plant, m achinery and equipm ent together with the cost of installation thereof less a proper allowance for depreciation; and for the luirjiose of calculating depreciation upon the cost of installation il shall be assumed th a t the whole of the cost of installation is to be w ritten off by equal annual am ounts over a period of ten years. |
| Authority to | (b) A t any tim e afte r the determ ination of the permissive |
| liave right | occupancy under Clause 11 or Clause 13 of these Conditions the |
| to use | |
| plant, | A uthority shall have the righ t to use all the plant, m achinery and |
| niactiinery | equipm ent which it is required to buy under Clause 11 or which it |
| and equip | has required the Occupier to sell to it under Clause 13 even though |
| ment on | the price of such plant, m achinery and e(iuipment has not then been |
| determina- | |
| ■tion. | determined. |
| Occupier to | (c) Upon the determ ination of the permissive occupanc.y under |
| give peace | Clause 11 or Clause 13 of these Conditions the Occupier shall fo rth |
| able posses | w ith deliver peaceable possession of all parts of the S ta te M ine |
| sion on | |
| determina | occupied by it under the permissive occupancy to H is M ajesty H is |
| tion. | H eirs and Successors or to the ^ lin is te r or to the Authorit.v or to the W arden or other officer authorised to receive possession thereof together w ith all the p lant, m achinery and equipm ent which the A uthority is required to buy under Clause 11 or -which the A uthority has required the Occupier to sell to i t under Clause 13 and in default thereof it shall be lawful for H is M ajesty H is H eirs and Succe^sor.s or the M inister or the A uthority or the W arden or any bailiff or other person duly authorised for the purpose -without any fu rth e r dem and whatsoever to enter forthw ith into and upon the S tate M ine or any p art or parts thereof and the same to repossess and enjoy as fu lly and effectuall.v and to all in ten ts and purposes as if the per m issive occupancy had not been granted and to take possession of all |
such
| state Coal Mines (Amendment) Act. | 273- |
such plant, m achinery and equipm ent as is hereinbefore in th is para- No. 34, 1951-
graph mentioned and the Occupier to expel and remove w ithout any
legal process and as efi’ectually as the Slieritf m ight do in case
judgm ent in ejectm ent had been obtained and a w rit of habere
facias possessionem had been issued on such judgm ent and in case of
such entry and any legal proceeding taken in respect thereof the
defendant or defendants in any such proceeding may plead leave and
license in bar thereof and the g ran t of the permissive occupancy on
these Conditions shall be conclusive evidence of such leave and license
by the occupier or other the person or persons p lain titf or plaintitl's
in such proceeding for such entry or other m atters complained of
in such proceeding.
| (d) The determ ination of the permissive occupancy under Clause 11 or Clause Vd of those Conditions shall not exonerate the | Determina |
| tion not to exonerate- | |
| Occupier from any liability incurred under the permissive occupancy | Occupier |
| or the conditions thereof before such determ ination. | from previous |
| (e) In the event of the determ ination of the permissive occupancy under Clause 11 or Clause 13 of these Conditions such determ ination shall take effect on the date specified in the notifica tion in the Government Gazette and the production of a copy of the Governm ent Gazette contain ing a notice purporting to be signed b,y the Governor declaring th a t the permissive occupancy has been determ ined shall be conclusive evidence of such determ ination. | liability. |
13. —I f tbe Occupier goes or is placed into liquidation or makes an Termination
arrangem ent or composition w ith its creditors or if any assignee of per- of the permissive occupancy on tb.e part of tbe Occupier to be perform ed or observed the Governor may by notification published in the Government Gazette te rm inate the permissive occupancy. P R O V ID E D H O W E V E R th a t the Governor shall not exercise the rig h t conferred by th is clause to term inate the permissive occupanc.y on the ground of non-perform ance or non-observance of the conditions of the permissive occupancy unless notice in w riting shall have previously been given to the Occupier requiring it to remedy an.v breach which is capable of remed.y and the Occupier shall have neglected or failed w ithin a reasonable tim e thereafter to remed.y any such breach. W here the permissive occupancy is term inated under th is clause the Occupier shall if so required b.v the Authorit.v sell to the Authorit.v all or any of the p lant m.achinery and equipm ent then in use in the S tate M ine for the purposes of or in connection with the winnin.g working getting raising and loading of coal or of any developmental work required to be done under the Conditions of the permissive occupancy.
of the Occupier being an individual becomes bankrupt or makes an
assignm ent of his estate for the benefit of his creditors or if the
14. —The Occupier shall indem nify and keep indemnified H is Indemnity-
^ lajesty H is H eirs and Successors the M inister and the A uthority against all claims and demands by any person in respect of any accident or disaster occurring as the result of or in connection with
the
274 State Coal Mines (Amendment) Act.
No. 34, 1951. the carry ing out by the Occupier of any works (including develop m ental works) in or upon the S ta te M ine and not arising from or due to or contributed to by any neglect default or misconduct of H is M ajesty or the M inister or the A uthority or the servants or agents of H is M ajesty or the M inister or the A uthority .
| ■Covenant | 15.— The Occupier shall not w ithout the consent in w riting of the |
| against |
| assignment | Governor first had and obtained underlet or assign the permissive |
| etc. | occupancy, or assign or m ortgage charge or encumber any benefit whatsoever arising or which may arise under the permissive occupancy to any person o r corporation whatsoever. W hen the permissive occupancy is assigned in conform ity w ith th is Clause a reference in the perm issive occupancy or in any of the conditions thereof to the Occupier shall as from the date of the assignm ent be construed as a reference to the assignee bu t no such assignm ent shall exonerate the Occupier from any liability incurred under the permissive occupancy before such assignment. |
| Indulgence | 16.—Any tim e or other indulgence granted by H is M ajesty or |
| not to affect |
| rights of His | the M inister or the A uthority shall not affect the s tric t righ ts of H is |
| Majesty or | M ajesty the M inister and the A uthority under the permissive |
| the | occupancy or the conditions thereof. |
| Authority. | |
| Notice | lY.—Any notice au thority com m unication d irection or instruction to be or th a t may be given or made under the permissive occupancy or the conditions thereof to the Occupier by H is M ajesty or the Governor the M inister or the A uthority shall (subject to the provisions of Clause 11 of these Conditions) be deemed to have been duly given or m ade if the same shall be signed by the U nder Secretary of the D epartm ent of M ines or the Secretary of the A uthority or by the person fo r the tim e being acting in either of such offices and shall be left at or sent th rough the post addressed to the Occupier at the office of the Occupier or be affixed to the Occupier’s M ine or any buildings on such m ine and any notice au thority com munication direction or instruction so sent by post shall be deemed to have been received by the Occupier a t the tim e when the same would in the ordinary course be delivered. |
| Oause. | |
| Marginal | 18.— The m arginal notes placed opposite the several Clauses of these Conditions and ind icating or purporting to ind icate the contents or objects of such clauses respectively shall not be taken as p art of these Conditions or in any m anner affect the construction hereof or of any clause or th ing in these Conditions contained. |
| notes. |
| No waiver | 19. | —None of the provisions of the permissive occupancy or the |
| ■without |
| ■written | conditions thereof which is to be observed or perform ed on the p art |
| ■consent. | of the Occupier shall be taken either a t law or in equity to have been varied, waived, discharged or released unless by the express consent in w riting of th e M inister. |
| Stamp | 20. | — The Occupier shall pay all Stam p D uties payable in respect |
| Duties. | of the permissive occupancy. |
| New South Wales University of Technology | 275 |
(Construction) Act.
| 21. | — The Occupier shall pay all rates and taxes and all fees and | 34, 1951. |
charges under the Local Governm ent Act, 1919, which are payable jj^tes and
during- the currency of the permissive occupancy upon any p art or Taxes,
parts of the S tate M ine occupied by it under the permissive occupancy
or the conditions thereof.
22. —K'either the g ran t of the permissive occupancy nor anything Eight of
in these Conditions contained shall operate to prevent the A uthority Authority
| itself from w orking or developing any p art or parts of the S tate | to work and |
| M ine nor to prevent the g ran ting by the Governor of a permissive | develop. |
| occupancy to any other person or persons over any other p art or parts of the S ta te Mine. |
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