Document 5gRyVdyj6bw3VNLXJJR88o84

V DATED 2/^. APRIL I THE COLONIAL snr.AH REFINING COMPANY LIUITgD z >& Ou 2-- <* -wlth- v .AUSTRALIAN BLUE ASBESTOS LTD. Or/ a/ ..V AGKEOtENT 70R wUB-LEAi?E r- *; day of between THE COLOHIAL SOOAR REFIMIMG COMPANY LIMITED having its registered office at Sydney in the State of Hew South Kales (hereafter referred to as C.S.R.) of the one part and APSTRALIAW BLUE ASBESTOS LIMITED having Its registered office I 5 | at Perth in the State of Western Australia (hereafter referred Jjf to as A.B.A. ) of the other part WHEREAS C.S.R. is the registered^ 4 t ' -C holder of therespective mining tenements (hereafter referred x to as the tenements) particularised In the Schedule hereto AHI^ o i WHEREAS A.B.A. is engaged in the business or occupation of r asbestos mining In the State of Western Australia and has 5 S requested C.S.R. to grant to it a sub-lease to mine for asbestos kr ~ p i) C \ % fibre on all or any of the tenements specified in the Schedule hereto which C.S.R. Tor the consideration and on the terms and 2 conditions hereafter appearing has agreed to do NCw IT IS HEREBY j* AGREED as followsi- -t , 1. C.S.R. hereby grants to A.B.A. full leave and license to Center by ita servants and agents mine for treat and .extract fibre from asbestos ore on all or such of the ..ivtfcnements ai A.E.A. shall from time to time determine and for such purposes to bring on to the tenements and erect all necassarf'plast machinery buildings and equipment, 2. C.S.R. shall..pay all rentals and other charges payable under the Mining Act 1904 as amended from time to time in respect of tu' tenements. 3. A.B.A. shall'pay tc C.S.R. an amount equivalent to one ^ pound (El) for each and every ton of Asbestos fibre won or ^ recovered from asbestos ore mined on the tenements PROVIDED HOWEVER that*** from the first day of January 1951 in the event of A.B.A. failing to. irln or recover one tnousand tons or more of asbeatos.flbre In any period of twelve months A.B.A. shall in addition the said payment of 1 for each and every ton of asbeq4tos,fibre recovered as aforesaid pay to C.S.R. such furthe^g^ouat as may be necessary to bring the total payments to,?8.R. under this clause in respect of each and every year subsequent to the year 1950 during which this *?** Sept 't ir- .v- r Produced in the matter of Asbestos Personal injury Cases* Abrams Lead z ^;L",,ses' minim,; n f d urjAroM oivision oarr. a / // / r? '.*' -: LviMfras^f. -8' agreement operates to a sum of not less *h -. --- thousand pounds (1,000). 4. Accounts shall be taker, at the end of the months of March Jvme September and December In each veer c'OTcr.cin* from the thirtieth day of June 1346 and payments fou.d to be due on the basis of Asbestos Fibre recovers-' shall be made within thirty days after taking of such accounts * sfcresald and he amounts if any necessary from ti:-:c \r> :-* fo bring the minimum annual payment* under clause three hereof to 1,000 shall be paid on or before the thirty fire* -Jay of January in each year. 5. In addition to`the payments referred to i- *l'--res three and four hereof A.B.A. shell within thlr*- -!'- receipt of an-account therefor reimburse o C.?.". ^11 moneys paid by C.F.B. in pursuance of the provision? of two hereof. 6. A.B.A. shall keep or cause to be kept full -oner records relating to Billing operations undert i:?n a;.i carried on uron the tenements Including details of the qua-titles of asbestos ere mined and asbestos fibre recovered from sor>th to month and such records shall be made available for inspection by any duly authorised officer or agent of C.S.8. ct all reasonable tiaes. 7. Subject to the provisions of clause 're* he*?cf A.B.A. shall fully and faithfully observe and co: "err to tl;e terms and conditions expressed or implied in or subject to which the tenements were*issued or granted end shall observe in respect thereto the requirements of the Mining Act 1504 and any Act or Acts amending, the sase and the regulator? ro~ *re time being ir. force thereunder and A.B.A. HEPE5Y exprsly agrees t^at it will indemnify and keen C.5.R. indent if! s.-iinct .all actions suits proceedings claims costs penalMes a-i losses which may he suffered or incurr"-* by C.S.R. by -"*-n- - * -- -'i* *s failure of A.r-.,.. its servant- j? - 'o fully and properly observe and conform to the v*rr. aitions expressed in or subject to which the fene^--.* *-ere issued or granted and observe in respect thereto the -- II >. r. ec Achl.?ed d ,he matter of Asbestos Personal Injury CasesAbrams Lead & copied to ' Richard F. $cruoo<5 i ncnpr.Y r fn n fv ih a i rmr>i$ a au5 co n n rct copy op t f. iwr.r-AV * -v V: ISm**' _. ) iv.e ?;;3 **'*" -r t*V J4v ' requirements end obligations of the said Act or Acts and the regulations thereunder. 6, A.B.A. shall faithfully observe the terms and conditions N_ of any Industrial Award or Agreement made under and in accordance with the provisions of the Industrial Arbitration Act 1912 and/or any amendment thereof and for the time being covering the A.fi.A. and its employees engaged in mining operations upon the tenements. 9. This Agreement shall operate from the first day of January 1948 and ahall continue thereafter subject to the provisions hereof for a period of ten years and thereafter from year to year until determined by either party pivtna to the other six months written notice to that *f*ect PROVIDED HOWEVER that in the event of eltn*r party going Into liquidation (otherwise then for the purpose of reconstruction) or suffering a receiver to oe appointed under any charge covering Its assets or If either party shall be guilty of default In the observance of the ter?:s and conditions of this agreement and shall fail to --<-dy any such default within seven days after notic** requiring it so to do then and on the happening of any such event the other party shall be at liberty to terminate this agreement summar ily by written notice to the other party to that effect PROVIDED FURTHER that the termination of this agreement in any of the events aforesaid shall be without prejudice to the remedies of either party hereto at common law or otherwise in respect of rights sccrued hereunder to th* -into of termin ation or In respect to any such default. r / In witness whereof the parties hereto have set their hands and seals the day and year first hereinbefore written. SCHEDULE Lease _N_P. MC 309H A 177H ^ Area ism 12 24 \ Produced in the matter of Asbestos Personal injury Cases;^; Abrams Lead & copied to Richard F. Scruggs. , - witwceYlLf..* &ilnr V i XXsrft ,...i - ;:cuLnl'\a* n : lb Vscutaets. SX4I-'?s . . o.v wiii-.v. . .' r-^-13 rjaa* r iii:s'i24 ti : . z*Si Ti*a'i. - --. jZ t**\ ak:*# i ?o ftj, *,. . : 13Crv'y ;... L*vX^ J.;- ..7 ./C367?8aO;-: . ; r.s xntB.wia.. It M*lg U..` )0 *3iW. - ;.r Ifs;;.- > :<u ttdf"y oj :l\*4F * .:.73 ! Hj| xii <'** *'-** 5%&1* er; : c.r**7 a? :s na;? oa -4- Le3, ]Q. 2488 * Wv 4a * 250B * * 1648 1698 1MB ' 1888 17IB 1 iea ' 1868 S 8ay 2218 'J 228E * ggjB ' gg4g ^ 2288 * 2268 J 227B ' 22B 229E 23GB 2318 V 23a / 28 88 > urn. a , 6L J vc as * . 290 tf 2928 J 3008 / 2018 / , 4*' Area Acres 30 - 2 - 11 31-1 - 26 40 27 27-1-2 28 27 24 38 - 1 - 36 53 - 0 - 21 66 - 1 - 18 96 65 - 0 - 30 300 79 - 1 - 0 69 112 - 0 - 23 69 100 200 66 - 3 - 20 78 - 0 - 4 111 5* 63 si 63 75 75.45 75 75 12 Sg si *s of"f pf^- >e co SXuj oO* t matter of nat Injury Cases, rrtQied to Produced in me Asbesios Personal injur Abrams Lead & copied Richard F. Scrugpv k k> fcfibl 73 '-2 . . . >V-j i -1 -5- Lease Vo. 233H *x 2348^ 235Hy 23*68.' 2378 / Area Acres 24 24 24 24 24 > vOT 0N <?* "^w>v^ x 3. . .&e - `3--, ;:;ri SS The Coonon Seel of AUSTRALIAN BLUE ASBESTOS LIMITED *a hereto affixed by authority of a resolution of the Directors in the presence of Director Director ..JZ-- kM of Ouwoi Cwbwwh. hr-. twt, ( ('I1 lion! '\ ~ltys.. . ^**tf?`W*n*muL l. 9*l*/y_f_ iicecc *** SmK * Aot.. /', rJ, f*i, Jcl/er, Ztf.lCT) tu,. > * " /, W- Iy.u| -B.|iV..n) iak v'>>ct mflgBj.UQf rot --_ aAK1 OffoK i (%****<.<? ***.> r*e ' X* r / Produced in the majt^r of Asbestos Personal Injury Cases; Abrams Lead & copied to Richard F. Scruggs.