Manner of operations. (1) The Company shall— (a) carry out its operations on the leased area in a safe skilful and workmanlike manner; (b) permit an Inspector of Mines or any other person authorized by the Minister free access at all reasonable times to the place where coal won from the leased area is kept or stored and to inspect examine measure or weigh the coal and to determine what quantity or proportion thereof is usable or marketable coal; (c) before commencing to sink any shaft on the leased area or to use any shaft already sunk thereon deposit with the Secretary such sum as the Minister may fix by way of guarantee that before any such shaft is abandoned it will be securely covered to the satisfaction of the Chief Mining Inspector; (d) securely cover as aforesaid any such shaft before abandoning it; (e) during the term of this Agreement effectually drain the parts of the leased area from time to time being worked by the Company and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof; (f) make such provision for the disposal of the silt sludge detritus dirt waste or refuse of or from the Company's works on the leased area so that the same will not flow or find its way into any water channel leading into or from the storage works of any public body or so as to injure or interfere with any land set apart for water supply purposes or become an actionable nuisance or obstruction to any roads ways rivers creeks or private or Crown lands; (g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by him by reason of the Company's operations on in or under the leased area as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof; (h) at all times during the operation of this Agreement keep and preserve the Company's works as aforesaid in good repair and condition and at the expiration or sooner determination of the term of this Agreement deliver up peaceable possession of the leased area to some person authorized to receive possession thereof on behalf of the State; (i) permit any person authorized by the Minister with all proper assistants at all reasonable times during the term of this Agreement to enter into and upon every part of the Company's works as aforesaid and to survey and examine the state and condition thereof and for the purpose aforesaid to descend all pits and shafts and to use all roads equipment labour and other things in or on the works or in or on any adjacent land held in connexion therewith which shall be deemed necessary by the person so authorized without making any compensation therefor but so that in so doing no unnecessary interference with the Company's operations shall be caused; (j) in carrying out its operations on the leased area, comply with all statutory provisions applicable thereto except to the extent those provisions may be modified or excluded by this Agreement or the Act referred to in clause 3 hereof.
Appears in 2 contracts
Samples: Mines (Aluminium Agreement) Act 1961, Mines (Aluminium Agreement) Act 1961
Manner of operations. (1) The Company shall—
(a) carry out its operations on the leased area in a safe skilful and workmanlike manner;
(b) permit an Inspector of Mines or any other person authorized by the Minister free access at all reasonable times to the place where coal won from the leased area is kept or stored and to inspect examine measure or weigh the coal and to determine what quantity or proportion thereof is usable or marketable coal;
(c) before commencing to sink any shaft on the leased area or to use any shaft already sunk thereon deposit with the Secretary such sum as the Minister may fix by way of guarantee that before any such shaft is abandoned it will be securely covered to the satisfaction of the Chief Mining Inspector;
(d) securely cover as aforesaid any such shaft before abandoning it;
(e) during the term of this Agreement effectually drain the parts of the leased area from time to time being worked by the Company and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof;
(f) make such provision for the disposal of the silt sludge detritus dirt waste or refuse of or from the Company's works on the leased area so that the same will not flow or find its way into any water channel leading into or from the storage works of any public body or so as to injure or interfere with any land set apart for water supply purposes or become an actionable nuisance or obstruction to any roads ways rivers creeks or private or Crown lands;
(g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by him by reason of the Company's operations on in or under the leased area as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof;
(h) at all times during the operation of this Agreement keep and preserve the Company's works as aforesaid in good repair and condition and at the expiration or sooner determination of the term of this Agreement deliver up peaceable possession of the leased area to some person authorized to receive possession thereof on behalf of the State;
(i) permit any person authorized by the Minister with all proper assistants at all reasonable times during the term of this Agreement to enter into and upon every part of the Company's works as aforesaid and to survey and examine the state and condition thereof and for the purpose aforesaid to descend all pits and shafts and to use all roads equipment labour and other things in or on the works or in or on any adjacent land held in connexion therewith which shall be deemed necessary by the person so authorized without making any compensation therefor but so that in so doing no unnecessary interference with the Company's operations shall be caused;
(j) in carrying out its operations on the leased area, comply with all statutory provisions applicable thereto except to the extent those provisions may be modified or excluded by this Agreement or the Act referred to in clause 3 hereof.
(2) If the Company fails to carry out any work necessary to comply with the provisions of paragraph (d) of the last preceding sub-clause the Minister may cause that work to be done and the cost thereof paid out of the sum referred to in paragraph (c) of that sub-clause.
Appears in 1 contract
Samples: Agreement Between the Minister of Mines and Alcoa of Australia Proprietary Limited
Manner of operations. (1) The Company shall—
(a) carry out its operations on the leased area in a safe skilful and workmanlike manner;
(b) permit an Inspector of Mines or any other person authorized by the Minister free access at all reasonable times to the place where coal won from the leased area is kept or stored and to inspect examine measure or weigh the coal and to determine what quantity or proportion thereof is usable or marketable coal;
(c) before commencing to sink any shaft on the leased area or to use any shaft already sunk thereon deposit with the Secretary such sum as the Minister may fix by way of guarantee that before any such shaft is abandoned it will be securely covered to the satisfaction of the Chief Mining Inspector;
(d) securely cover as aforesaid any such shaft before abandoning it;
(e) during the term of this Agreement effectually drain the parts of the leased area from time to time being worked by the Company and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof;
(f) make such provision for the disposal of the silt sludge detritus dirt waste or refuse of or from the Company's works on the leased area so that the same will not flow or find its way into any water channel leading into or from the storage works of any public body or so as to injure or interfere with any land set apart for water supply purposes or become an actionable nuisance or obstruction to any roads ways rivers creeks or private or Crown lands;
(g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by him by reason of the Company's operations on in or under the leased area as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof;
(h) at all times during the operation of this Agreement keep and preserve the Company's works as aforesaid in good repair and condition and at the expiration or sooner determination of the term of this Agreement deliver up peaceable possession of the leased area to some person authorized to receive possession thereof on behalf of the State;
(i) permit any person authorized by the Minister with all proper assistants at all reasonable times during the term of this Agreement to enter into and upon every part of the Company's works as aforesaid and to survey and examine the state and condition thereof and for the purpose aforesaid to descend all pits and shafts and to use all roads equipment labour and other things in or on the works or in or on any adjacent land held in connexion therewith which shall be deemed necessary by the person so authorized without making any compensation therefor but so that in so doing no unnecessary interference with the Company's operations shall be caused;
(j) in carrying out its operations on the leased area, comply with all statutory provisions applicable thereto except to the extent those provisions may be modified or excluded by this Agreement or the Act referred to in clause 3 hereof.
Appears in 1 contract
Samples: Agreement
Manner of operations. (1) The Company shall—
(a) carry out its operations on the leased area in a safe skilful and workmanlike manner;
(b) permit an Inspector of Mines or any other person authorized by the Minister free access at all reasonable times to the place where coal won from the leased area is kept or stored and to inspect examine measure or weigh the coal and to determine what quantity or proportion thereof is usable or marketable coal;
(c) before commencing to sink any shaft on the leased area or to use any shaft already sunk thereon deposit with the Secretary such sum as the Minister may fix by way of guarantee that before any such shaft is abandoned it will be securely covered to the satisfaction of the Chief Mining Inspector;; Sch. 1
(d) securely cover as aforesaid any such shaft before abandoning it;
(e) during the term of this Agreement effectually drain the parts of the leased area from time to time being worked by the Company and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof;
(f) make such provision for the disposal of the silt sludge detritus dirt waste or refuse of or from the Company's works on the leased area so that the same will not flow or find its way into any water channel leading into or from the storage works of any public body or so as to injure or interfere with any land set apart for water supply purposes or become an actionable nuisance or obstruction to any roads ways rivers creeks or private or Crown lands;
(g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by him by reason of the Company's operations on in or under the leased area as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof;; Sch. 1
(h) at all times during the operation of this Agreement keep and preserve the Company's works as aforesaid in good repair and condition and at the expiration or sooner determination of the term of this Agreement deliver up peaceable possession of the leased area to some person authorized to receive possession thereof on behalf of the State;
(i) permit any person authorized by the Minister with all proper assistants at all reasonable times during the term of this Agreement to enter into and upon every part of the Company's works as aforesaid and to survey and examine the state and condition thereof and for the purpose aforesaid to descend all pits and shafts and to use all roads equipment labour and other things in or on the works or in or on any adjacent land held in connexion therewith which shall be deemed necessary by the person so authorized without making any compensation therefor but so that in so doing no unnecessary interference with the Company's operations shall be caused;
(j) in carrying out its operations on the leased area, comply with all statutory provisions applicable thereto except to the extent those provisions may be modified or excluded by this Agreement or the Act referred to in clause 3 hereof. Sch. 1
(2) If the Company fails to carry out any work necessary to comply with the provisions of paragraph (d) of the last preceding sub-clause the Minister may cause that work to be done and the cost thereof paid out of the sum referred to in paragraph (c) of that sub-clause.
Appears in 1 contract
Samples: Mines (Aluminium Agreement) Act 1961