(1) Upon application by or on behalf of the participating Joint Venturers for the Initial Project, made to the Minister not later than 6 months after the Joint Venturers have given a Project Notice in respect of the Initial Project for a Special Mining Lease for all minerals over such of the Olympic Dam Area or the Selected Areas and any additional area or areas as may be reasonably necessary for surface facilities as those Joint Venturers shall specify, the State shall (contemporaneously with the surrender, conditional on fulfilment by the State of its obligation pursuant to this sub-clause (1), by such of the Joint Venturers as is appropriate of such exploration licences retention leases miscellaneous purposes licences extractive minerals leases or other tenements whatsoever as are inconsistent with the grant of a Special Mining Lease (which surrender shall be accepted by the Mines Minister) held by them or any of them or on their behalf or on behalf of any of them at the date of the said application in or over the area specified in the application for a Special Mining Lease) cause to be granted to the partici- pating Joint Venturers for the Initial Project or to such of them as they may nominate to the Minister or to an associated company as they may nominate to the Minister at the rental specified in sub-clause (5) of this Clause a Special Mining Lease over such land so applied for (notwithstanding that the survey in respect thereof has not been completed but subject to such corrections to accord with the survey when completed at those participating Joint Venturers' expense). The property in minerals contained in the land the subject of any Special Mining Lease shall pass to the holders of such Special Mining Lease at the time the mineralised rock is brought to the surface notwithstanding that royalties in respect of the minerals contained therein shall not have then been paid.
(2) (a) Subject to the performance by the Joint Venturers of their respective obligations under this Indenture and to the performance by the
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1040 1982 Roxby Downs (Indenture Ratification) Act, 1982 No. 52 holders thereof of their obligations un~r the Special Mining Lease granted in accordance with sub-clause (1) of this Clause, the term of such Special Mining Lease shall be for a period of fifty years with effect from the date of receipt of the application therefor.
(b) During the eighth last year of the initial or any extended period of the Special Mining Lease granted in accordance with sub-clause (1) of this Clause the holders of such Special Mining Lease shall calculate the expected life of the mine or mines within such Special Mining Lease on the basis of then measured, indicated and inferred reserves and then current and proposed production rates. If the expected life of such mine or mines is-
(i) greater than forty years, the Special Mining Lease, at the expiration of the then current period thereof, shall be automatically extended for a further period of fifty years; or
(ii) less than forty years, the Special Mining Lease at the expiration of the then current period thereof, shall be automatically extended for the period of such expected life plus ten years, unless, in either case, the holders thereof, by notice given to the Minister not less than one year prior to the expify of such initial or extended period, advise that they do not require the said Special Mining Lease to be so extended.
(c) The conditions to apply during any extended period of the Special Mining Lease granted in accordance with sub-clause (1) of this Clause (other than conditions relating to the term, rent and royalty rate) may be reviewed by the Minister at the commencement of each extended period and the Minister subject to Clause 34 may impose such reasonable additional con- ditions or variations to the existing conditions to apply during such extended period for, without limitation, the purpose of preventing or reducing adverse effects upon the environment of the lands the subject of such Special Mining Lease provided always that if the holders of such Special Mining Lease consider any such condition other than a condition relating to safety to be unreasonable or objectionable they may refer the question to arbitration pursuant to Clause 49 within sixty days of receipt of advice from the Minister of such condition. Any condition imposed by the Minister under this sub- clause may at any time be cancelled by him and any reference pursuant to this sub-clause to arbitration shall not affect the continuance or continuity of the Special Mining Lease.
(3) Conversion of Special Exploration Licence to Special Mining Lease- The holders for the time being of a Special Exploration Licence may, not later than 6 months after the Joint Venturers have, pursuant to Clause 6 or Clause 9 as the case may be, given a Project Notice in respect of the Initial Project or a Subsequent Project, apply to the Minister for a Special Mining Lease for all minerals over the whole or part of the area of a Special Exploration Licence in respect of that Project Notice and any additional area or areas as may be reasonably necessary for surface facilities as may be specified in the said application. The State shall (contemporaneously with the surrender, conditional on fulfilment by the State of its obligation under this sub-clause (3), of the whole or part (as the case may require) of the Special Exploration Licence (which surrender shall be accepted by the State» cause to be granted to the Joint Venturers or such of them as they may nominate to the Minister or to an associated company as they may nominate to the Minister a Special Mining Lease over the land specified in the application (notwithstanding that the survey in respect thereof has not been completed but subject to such corrections to accord with the survey when completed at the relevant Joint Venturers' expense).
1982 Roxby Downs (Indenture Ratification) Act, 1982 No. 52 (4) Incorporation of Lands in Special Mining Lease-If an application is made under sub-clause (3) of this Clause by or on behalf of the same Joint Venturers as then have the benefit of another Special Mining Lease granted in accordance with this Clause 19 the State shall, if so required by those Joint Venturers, incorporate the lands the subject of the said application into that other Special Mining Lease whether contiguous therewith or not and the State and the relevant Joint Venturers shall ensure that the said Special Mining Lease is modified as necessary to incorporate such lands as may be added as aforesaid.
(5) Special Mining Lease Rent-The holders of a Special Mining Lease shall, subject to Clause 34 of this Indenture, pay rent to the State for all that land the subject thereof at the annual rate applicable to all mineral leases granted under the Mining Act.
(6) Exclusive Rights of Entry-Subject always to the ratifying Act the State shall ensure that the holders of a Special Mining Lease and their agents, servants and invitees shall have exclusive rights of entry upon and occupation of the lands the subject thereof provided always that nothing shall prevent or hinder the entry onto such lands by any employee of the State or any instrumentality thereof for the purpose of discharging or carrying out any statutory duty or acting in the proper course of his employ- ment.
(7) The provisions of this Clause shall apply, mutatis mutandis, to any Special Mining Leases granted in accordance with sub-clause (3) of this Clause.
(8) The State shall ensure that, during the currency of this Indenture and subject to compliance with the terms and conditions set out in a Special Mining Lease, the holders of a Special Mining Lease shall not be required, with respect to that Special Mining Lease, to comply with the labour conditions and/or expenditure conditions (if any) imposed by or under the Mining Act.
(9) State Use-The State and the holders thereof may agree upon the use of any portion of the lands comprised in a Special Mining Lease for provision of a public utility crossing of the lands comprised in that Special Mining Lease (including roads railways pipelines and transmission lines) provided that such use does not conflict or interfere with the Joint Venturers' operations or the rights granted under such Special Mining Lease.
(10) Substituted Securities-Where the Joint Venturers or any of them whether before or after the execution of this Indenture executes and has registered or recorded in the Department of Mines and Energy or other relevant Department in the State a mortgage charge or other encumbrance over their or its interest in a mining lease exploration licence retention lease miscellaneous purposes licence extractive minerals lease or other tenement and the land the subject thereof on the surrender thereof becomes incorporated in a Special Exploration Licence, or a Special Mining Lease then provided the consent of the mortgagee chargee or other encumbrancee is first obtained the interest of the said Joint Venturer in the Special Exploration Licence or Special Mining Lease (as the case may be) shall notwithstanding the provisions of any Act and any rule of law or equity to the contrary be deemed to be the subject of such mortgage charge or other encumbrance as if the Special
I Exploration Licence or Special Mining Lease (as the case may be) had been referred to in the mortgage charge or other encumbrance. A memorandum of any such mortgages charges or other encumbrances shall thereupon by force of this Indenture and the ratifying Act be endorsed on the Special
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1042 1982 Roxby Downs (Indenture Ratification) Act, 1982 No. 52 Exploration Licence or Special Mining Lease (as the case may be) in the order in which they appeared registered or recorded against an interest as aforesaid in any such surrendered tenement at the time of its surrender.
(11) The Joint Venturers or any of them or an associated company may, where reasonably necessary for the purposes of carrying on their mining operations, dewater or drain, either wholly or partially, any ore body or adjoining strata and may (if appropriate) use such water for any purpose connected with such mining operations.
(12) Any Special Mining Lease issued pursuant to this Clause applying to the Andamooka Precious Stones Field (as proclaimed at the date upon which this Indenture is signed the area of which is specified in the Sixth Schedule hereto) shall be issued subject to the rights pursuant to the Mining Act of opal miners (both present and future) prospecting or mining in the said precious stones field, provided however, that such rights shall not extend to a depth of more than fifty metres below the surface of the earth.