Common use of Mineral Field Clause in Contracts

Mineral Field. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God of the United Kingdom Australia and Her other Realms and Territories Queen Head of the Commonwealth, Defender of the Faith; TO ALL WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by an agreement made the day of 1972 between the State of Western Australia of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED, CYPRUS MINES CORPORATION and UTAH DEVELOPMENT COMPANY (hereinafter called “the Joint Venturers” in which term shall be included the Joint Venturers and each of them and their and each of their respective successors and assigns and including where the context so admits the assignees of the Joint Venturers under clause 39 of the said agreement) of the other part the said State agreed to grant to the Joint Venturers a mineral lease of portion or portions of the lands referred to in the said agreement as mining area “D” AND WHEREAS the said agreement was ratified by the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972 which said Act (inter alia) authorised the grant of a mineral lease or leases to the Joint Venturers NOW WE in consideration of the rents and royalties reserved by and of the provisions of the said agreement and in pursuance of the said Act DO BY THESE PRESENTS GRANT AND DEMISE unto the Joint Venturers as tenants in common in equal shares subject to the said provisions ALL THOSE pieces and parcels of land situated in the Goldfield(s) containing by admeasurement be the same more or less and particularly described and delineated on the plan in the Schedule hereto and all those mines, veins, seams, lodes and deposits of iron ore in on or under the said land (hereinafter called “the said mine”) together with all rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904 including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Joint Venturers are entitled under the said agreement TO HOLD the said land and mine and all and singular the premises hereby demised for the full term of twenty‑one (21) years from the day of 19 with the right to renew the same from time to time for further periods each of twenty‑one (21) years as provided in but subject to the said agreement for the purposes but upon and subject to the terms covenants and conditions set out in the said agreement and to the Mining Act (as modified by the said agreement) YIELDING and paying therefor the rent and royalties as set out in the said agreement. AND WE do hereby declare that this lease is subject to the observance and performance by the Joint Venturers of the following covenants and conditions, that is to say: —

Mineral Field. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God Queen of the United Kingdom Australia and Her other Realms and Territories Queen Head of the Commonwealth, Defender of the Faith; : TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Act 1904, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an agreement Agreement made the day of 1972 between the State of Western Australia of the one part first part, ▇▇▇▇▇ ▇▇▇▇▇▇ LIMITED a company incorporated under the Companies Act 1961 of the said State and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITEDhaving its registered office therein at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, CYPRUS MINES CORPORATION and UTAH DEVELOPMENT COMPANY ▇▇▇▇▇ (hereinafter called “the Joint VenturersCompany” in which term shall be included the Joint Venturers and each of them and their and each of their respective expression includes its successors and assigns and including where the context so admits the assignees permitted assigns) of the Joint Venturers second part and MT. ▇▇▇▇▇▇▇▇ MINING PTY LTD a company incorporated under clause 39 the Companies Act 1961 of the said agreement) State and having its registered office therein at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ of the other third part which Agreement (hereinafter referred to as “the said Agreement”) was ratified by the Wundowie Charcoal Iron Industry Sale Agreement Act 1974 — the State agreed to grant to the Joint Venturers Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Act 1904 AND WHEREAS the Company has now made application for a mineral lease of portion or portions the land hereinafter described for the purpose of the lands referred to in the said agreement as mining area “D” AND WHEREAS the said agreement was ratified by the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972 which said Act (inter alia) authorised the grant of a mineral lease or leases to the Joint Venturers thereon for titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the provisions of the said agreement other covenants and conditions in this lease and in pursuance of the said Act Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Joint Venturers as tenants in common in equal shares UNTO THE COMPANY but subject to the said provisions ALL THOSE of the Agreement all those pieces and parcels of land situated in the Goldfield(sMineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) containing by admeasurement be the same more or less and particularly described and delineated on the plan in the Schedule schedule hereto and all those mines, veins, seams, lodes and lodes, or deposits of iron ore in on titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum in, on, or under the said land (hereinafter called “the said minemines”) together with all the rights, liberties, easements, advantages and appurtenances appertenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904 1904, including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Joint Venturers are Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said agreement land which is now used for any public works or building whatsoever TO HOLD the said land and mine the said mines and all and singular the premises hereby demised for the full term of twenty‑one twenty one (21) years from the day of 19 with the right to renew the same from time to time for further periods each of twenty‑one twenty one (21) years as provided in but subject to the said agreement for the purposes but upon and subject to the terms covenants and conditions set out in the said agreement Agreement and to the Mining Act (as modified by the said agreementAgreement) YIELDING and paying therefor the rent rents and royalties as set out provided for in the said agreement. Agreement AND WE do hereby declare that this lease is subject to the observance condition that the Company shall observe perform and performance carry out the provisions of the Mines Regulation Act 1946 and all amendments thereof for the time being in force and the regulations for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Joint Venturers Agreement) in so far as the same affect or have application to this lease or any renewal thereof. PROVIDED THAT this lease and any renewal thereof shall not be determined or forefeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and other minerals apart from titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum on or below the surface of the following covenants demised land are reserved to Her Majesty or any person claiming under her and conditionsthat any person lawfully authorized in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum, that is or subject to say: —the terms of the Agreement other minerals (other than those aforesaid) in any part of the land under the provisions of the Mining Act or the Petroleum Act 1967.

Mineral Field. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God of the United Kingdom Australia and Her other Realms and Territories Queen Head of the Commonwealth, Defender of the Faith; TO ALL WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by an agreement made the day of 1972 between the State of Western Australia of the one part and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITED, CYPRUS MINES CORPORATION and UTAH DEVELOPMENT COMPANY (hereinafter called “the Joint Venturers” in which term shall be included the Joint Venturers and each of them and their and each of their respective successors and assigns and including where the context so admits the assignees of the Joint Venturers under clause 39 of the said agreement) of the other part the said State agreed to grant to the Joint Venturers a mineral lease of portion or portions of the lands referred to in the said agreement as mining area “D” AND WHEREAS the said agreement was ratified by the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972 ▇▇▇ ▇▇▇▇ which said Act (inter alia) authorised the grant of a mineral lease or leases to the Joint Venturers NOW WE in consideration of the rents and royalties reserved by and of the provisions of the said agreement and in pursuance of the said Act DO BY THESE PRESENTS GRANT AND DEMISE unto the Joint Venturers as tenants in common in equal shares subject to the said provisions ALL THOSE pieces and parcels of land situated in the Goldfield(s) containing by admeasurement be the same more or less and particularly described and delineated on the plan in the Schedule hereto and all those mines, veins, seams, lodes and deposits of iron ore in on or under the said land (hereinafter called “the said mine”) together with all rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904 ▇▇▇ ▇▇▇▇ including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Joint Venturers are entitled under the said agreement TO HOLD the said land and mine and all and singular the premises hereby demised for the full term of twenty‑one (21) years from the day of 19 with the right to renew the same from time to time for further periods each of twenty‑one (21) years as provided in but subject to the said agreement for the purposes but upon and subject to the terms covenants and conditions set out in the said agreement and to the Mining Act (as modified by the said agreement) YIELDING and paying therefor the rent and royalties as set out in the said agreement. AND WE do hereby declare that this lease is subject to the observance and performance by the Joint Venturers of the following covenants and conditions, that is to say: —

Mineral Field. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God Queen of the United Kingdom Australia and Her other Realms and Territories Queen Head of the Commonwealth, Defender of the Faith; : TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining ▇▇▇ ▇▇▇▇, power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an agreement Agreement made the day of 1972 between the State of Western Australia of the one part first part, ▇▇▇▇▇ ▇▇▇▇▇▇ LIMITED a company incorporated under the Companies ▇▇▇ ▇▇▇▇ of the said State and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITEDhaving its registered office therein at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, CYPRUS MINES CORPORATION and UTAH DEVELOPMENT COMPANY ▇▇▇▇▇ (hereinafter called “the Joint VenturersCompany” in which term shall be included the Joint Venturers and each of them and their and each of their respective expression includes its successors and assigns and including where the context so admits the assignees permitted assigns) of the Joint Venturers second part and MT. ▇▇▇▇▇▇▇▇ MINING PTY LTD a company incorporated under clause 39 the Companies ▇▇▇ ▇▇▇▇ of the said agreement) State and having its registered office therein at ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ of the other third part which Agreement (hereinafter referred to as “the said Agreement”) was ratified by the Wundowie Charcoal Iron Industry Sale Agreement ▇▇▇ ▇▇▇▇ — the State agreed to grant to the Joint Venturers Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining ▇▇▇ ▇▇▇▇ AND WHEREAS the Company has now made application for a mineral lease of portion or portions the land hereinafter described for the purpose of the lands referred to in the said agreement as mining area “D” AND WHEREAS the said agreement was ratified by the Iron Ore (Goldsworthy‑Nimingarra) Agreement Act 1972 which said Act (inter alia) authorised the grant of a mineral lease or leases to the Joint Venturers thereon for titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the provisions of the said agreement other covenants and conditions in this lease and in pursuance of the said Act Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Joint Venturers as tenants in common in equal shares UNTO THE COMPANY but subject to the said provisions ALL THOSE of the Agreement all those pieces and parcels of land situated in the Goldfield(sMineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) containing by admeasurement be the same more or less and particularly described and delineated on the plan in the Schedule schedule hereto and all those mines, veins, seams, lodes and lodes, or deposits of iron ore in on titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum in, on, or under the said land (hereinafter called “the said minemines”) together with all the rights, liberties, easements, advantages and appurtenances appertenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904 ▇▇▇ ▇▇▇▇, including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Joint Venturers are Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said agreement land which is now used for any public works or building whatsoever TO HOLD the said land and mine the said mines and all and singular the premises hereby demised for the full term of twenty‑one twenty one (21) years from the day of 19 with the right to renew the same from time to time for further periods each of twenty‑one twenty one (21) years as provided in but subject to the said agreement for the purposes but upon and subject to the terms covenants and conditions set out in the said agreement Agreement and to the Mining Act (as modified by the said agreementAgreement) YIELDING and paying therefor the rent rents and royalties as set out provided for in the said agreement. Agreement AND WE do hereby declare that this lease is subject to the observance condition that the Company shall observe perform and performance carry out the provisions of the Mines Regulation ▇▇▇ ▇▇▇▇ and all amendments thereof for the time being in force and the regulations for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Joint Venturers Agreement) in so far as the same affect or have application to this lease or any renewal thereof. PROVIDED THAT this lease and any renewal thereof shall not be determined or forefeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and other minerals apart from titaniferous magnetite, vanadium, copper, lead, zinc and molybdenum on or below the surface of the following covenants demised land are reserved to Her Majesty or any person claiming under her and conditionsthat any person lawfully authorized in that behalf may have access to the demised land for the purpose of searching for and obtaining petroleum, that is or subject to say: —the terms of the Agreement other minerals (other than those aforesaid) in any part of the land under the provisions of the Mining Act or the Petroleum ▇▇▇ ▇▇▇▇.

Mineral Field. ▇▇▇▇▇▇▇▇▇ THE SECOND by the Grace of God Queen of the United Kingdom Australia and Her other Realms and Territories Queen Head of the Commonwealth, Defender of the Faith; : TO ALL TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Act 1904 , power is given to the Governor of our State of Western Australia, in the Commonwealth of Australia, to grant leases of land for the purposes of mining thereon for any mineral other than gold upon the terms and conditions set forth in the said Act AND WHEREAS by an agreement Agreement made the day of 1972 between the State of Western Australia and ALLIED ENEABBA PTY. LTD. a company incorporated under the Companies Act of the one part Western Australia and CONSOLIDATED GOLD FIELDS AUSTRALIA LIMITEDhaving its registered office situate at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, CYPRUS MINES CORPORATION and UTAH DEVELOPMENT COMPANY ▇▇▇▇▇▇▇ (hereinafter called “the Joint VenturersCompany” in which term shall be included the Joint Venturers and each of them and their and each of their respective expression includes its successors and assigns and including where permitted assigns) which Agreement (hereinafter referred to as “the context so admits Agreement”) was ratified by the assignees of Mineral Sands (Allied Eneabba) Agreement Act 1975 — the Joint Venturers under clause 39 of the said agreement) of the other part the said State agreed to grant to the Joint Venturers Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Act 1904 AND WHEREAS the Company has now made application for a mineral lease of portion or portions the land hereinafter described for the purpose of the lands referred to in the said agreement as mining area “D” AND WHEREAS the said agreement was ratified by the Iron Ore thereon for titaniferous minerals (Goldsworthy‑Nimingarraincluding ilmenite rutile and leucoxene) Agreement Act 1972 which said Act (inter alia) authorised the grant of a mineral lease or leases to the Joint Venturers and magnetite zircon monazite kyanite staurolite xenotime and garnet NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the provisions of the said agreement other covenants and conditions in this lease and in pursuance of the said Act Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE unto the Joint Venturers as tenants in common in equal shares UNTO THE COMPANY but subject to the said provisions ALL THOSE of the Agreement all those pieces and parcels of land situated in the Goldfield(sMineral Field containing approximately hectares (subject to such corrections as may be necessary to accord with the survey when made) containing by admeasurement be the same more or less and particularly described and delineated on the plan in the Schedule schedule hereto and all those mines, veins, seams, lodes and lodes, or deposits of iron ore in on titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet in, on, or under the said land (hereinafter called “the said minemines”) together with all the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904 , including all amendments thereof for the time being in force and all regulations made thereunder for the time being in force (which Act and regulations are hereinafter referred to as “the Mining Act”) or to which the Joint Venturers are Company is entitled under the Agreement, excepting and reserving out of this demise any portion of the said agreement land which is now used for any public works or building whatsoever TO HOLD the said land and mine the said mines and all and singular the premises hereby demised for the full term of twenty‑one twenty-one (21) years from the ............................ day of 19 ........................ 19....... with the right to renew the same from time to time for further periods each of twenty‑one twenty-one (21) years as provided in but subject to the said agreement for the purposes but upon and subject to the terms covenants and conditions set out in the said agreement Agreement and to the Mining Act (as modified by the said agreementAgreement) YIELDING and paying therefor the rent rents and royalties as set out provided for in the said agreement. Agreement AND WE do hereby declare that this lease is subject to the observance condition that the Company shall observe perform and performance carry out the provisions of the Mines Regulation Act 1946 , and all amendments thereof for the time being in force and the regulations for the time being in force made thereunder and the provisions of the Mining Act (as modified by the Joint Venturers Agreement) in so far as the same affect or have application to this lease or any renewal thereof. PROVIDED THAT this lease and any renewal thereof shall not be determined or forfeited otherwise than under and in accordance with the Agreement. AND PROVIDED FURTHER that all petroleum and other minerals (apart from titaniferous minerals (including ilmenite rutile and leucoxene) and magnetite zircon monazite kyanite staurolite xenotime and garnet) on or below the surface of the following covenants demised land are reserved to Her Majesty or any person claiming under her and conditions, that is any person lawfully authorised in that behalf may have access to say: —the demised land for the purpose of searching for and obtaining petroleum or subject to the terms of the Agreement other minerals (other than those aforesaid) in any part of the land under the provisions of the Mining Act or the Petroleum Act 1967 .