Common use of Mineral Xxxxxx Clause in Contracts

Mineral Xxxxxx. XXXXXXXXX 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 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 made between the State of Western Australia and POSEIDON LIMITED (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Poseidon Nickel Agreement Act 1971 the State agreed to grant to the 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 lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all that Crown land situated within the area delineated in the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve in, on, or under the said land (hereinafter called “the said mine”) together with 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 Company is entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever TO HOLD the said land and the said mine and all and singular the premises hereby demised for the term of twenty-one (21) years from the day of 19 with a right of renewal for one further period of twenty-one (21) years but upon and subject to the terms covenants and conditions set out in the Agreement YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and 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 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 mineral oil and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining mineral oil or other minerals in any part of the land under the provisions of the Mining Act or the Petroleum Act 1967.

Mineral Xxxxxx. XXXXXXXXX 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 TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Act 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 made between the State of Western Australia and POSEIDON LIMITED (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Poseidon Nickel Agreement Act Act, 1971 the State agreed to grant to the Company on application made by the Company a mineral lease under and, except as otherwise provided by the Agreement, subject to the Mining Act Act, 1904 AND WHEREAS the Company has now made application for a lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all that Crown land situated within the area delineated in the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of nickel, copper, silver, lead, zinc, zinc cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve in, on, or under the said land (hereinafter called “the said mine”) together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 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 Company is entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever TO HOLD the said land and the said mine and all and singular the premises hereby demised for the term of twenty-one (21) years from the day of 19 with a right of renewal for one further period of twenty-one (21) years but upon and subject to the terms covenants and conditions set out in the Agreement Agreement. YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Mines Regulation Act 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 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 mineral oil and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised authorized in that behalf may have access to the demised land for the purpose of searching for and obtaining mineral oil or other minerals in any part of the land under the provisions of the Mining Act or the Petroleum Act Act, 1967.

Mineral Xxxxxx. XXXXXXXXX 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 TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Act 1904Xxx 0000, 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 made between the State of Western Australia and POSEIDON LIMITED (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Poseidon Nickel Agreement Act 1971 the State agreed to grant to the 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 Xxx 0000 AND WHEREAS the Company has now made application for a lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all that Crown land situated within the area delineated in the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve in, on, or under the said land (hereinafter called “the said mine”) together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 1904Xxx 0000, 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 Company is entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever TO HOLD the said land and the said mine and all and singular the premises hereby demised for the term of twenty-one (21) years from the day of 19 with a right of renewal for one further period of twenty-one (21) years but upon and subject to the terms covenants and conditions set out in the Agreement YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Mines Regulation Act 1946Xxx 0000, 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 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 mineral oil and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining mineral oil or other minerals in any part of the land under the provisions of the Mining Act or the Petroleum Act 1967Xxx 0000.

Mineral Xxxxxx. XXXXXXXXX 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 TO WHOM THESE PRESENTS shall come GREETINGS: KNOW YE that WHEREAS by section 48 of the Mining Act 19041904 , 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 made between the State of Western Australia and POSEIDON LIMITED (hereinafter called “the Company” which expression includes its successors and permitted assigns) which Agreement (hereinafter referred to as “the Agreement”) was ratified by the Poseidon Nickel Agreement Act 1971 the State agreed to grant to the 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 lease of the land hereinafter described for the purpose of mining thereon for nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve NOW WE in consideration of the rents and royalties reserved by the Agreement and in consideration of the other covenants in this lease and in the Agreement to be observed by the Company DO BY THESE PRESENTS GRANT AND DEMISE UNTO THE COMPANY but subject to the provisions of the Agreement all that Crown land situated within the area delineated in the plan in the schedule hereto and all those mines, veins, seams, lodes, or deposits of nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve in, on, or under the said land (hereinafter called “the said mine”) together with the rights, liberties, easements, advantages and appurtenances thereto belonging or appertaining to a lessee of a mineral lease under the Mining Act 19041904 , 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 Company is entitled under the Agreement, excepting and reserving out of this demise all such portions of the said land as are now lawfully occupied (other than for pastoral or timber purposes) by persons other than the lessee, or any portion thereof which is now used for any public works or building whatsoever TO HOLD the said land and the said mine and all and singular the premises hereby demised for the term of twenty-one (21) years from the day of 19 with a right of renewal for one further period of twenty-one (21) years but upon and subject to the terms covenants and conditions set out in the Agreement YIELDING and paying therefor the rents and royalties as provided for in the Agreement AND WE do hereby declare that this lease is subject to the condition that the Company shall observe perform and carry out the provisions of the Mines Regulation Act 19461946 , 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 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 mineral oil and other minerals (apart from nickel, copper, silver, lead, zinc, cobalt, platinum, palladium and such other minerals as the Minister for Mines may from time to time approve) on or below the surface of the demised land are reserved to Her Majesty or any person claiming under her and that subject to the terms of the Agreement any person lawfully authorised in that behalf may have access to the demised land for the purpose of searching for and obtaining mineral oil or other minerals in any part of the land under the provisions of the Mining Act or the Petroleum Act 19671967 .