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34;The Regulatory Authority" means the authority to prospect for coal to be allotted to the Companies in accordance with the provisions of Clause 2 of Part II of this Agreement. The freight rates payable by the Companies for the carriage of such coal and contract coal as defined in the succeeding parts of this agreement over all such railway lines shall be determined by the Minister for If such application is in accordance with the provisions of this agreement, the Minister shall forthwith cause to be issued to the Companies a special coal mining lease over the lands so applied for.

A condition that for any breach of any of the covenants the Minister can impose a fine of no more than on the Companies. Coal produced pursuant to this Agreement from any Special Coal Mining Lease granted pursuant to this Agreement shall be the property of the Companies. Such coal will be placed by the Companies in a suitable stockpile in the vicinity of the washing plant or other processing plant.

The Companies shall have the surface rights to all land included in any such Speclal Coal Mining Lease. The location and route of the first supplemental line of railroad estimated by the State and the Companies to be approximately thirty (30) miles in length shall be generally shown on the map in Schedule Six of this Agreement. Thereafter, the aggregate amount of all securities deposit moneys so far paid by the Companies in accordance with the provisions of this Part IV.

A, together with all costs incurred by the Companies in raising such funds, shall become immediately payable by the State to the Companies and may be recovered accordingly. 34;contract coal" means all coal transported from the coal mines of the Companies at Saraji to the port; The location and route of the second additional railway line estimated by the State and the Companies to be approximately sixteen (16) miles in length shall generally be as shown on the map in the Eighth Schedule to this Agreement.

If not agreed, the freight rates must be paid by the Companies for the carriage of. The agreed basis for reimbursement to the Companies for damage to or loss of shipments will be-. As and when requested by the Companies, the State will take steps in accordance with the provisions of the Ports Acts to-. a) Define the boundaries of the port set out on the Plan in the Fifth Schedule of this Agreement;.

Such public use shall not unreasonably delay or impede the Company's shipments of coal through the port. All lands taken will belong to the Crown and all easements taken will be in the name and for the benefit of the companies. The term of such lease or license shall be in accordance with the annual terms of the special coal mining leases granted to the Companies pursuant to Part III of this Agreement.

REPORTS

Any money so seized or payable by surety shall be paid to the consolidated revenue.

PROTECTION OF ROADS, RAILWAYS, TELEPHONE AND POWER TRANSMISSION LINES AND CABLES, RADIO

PROTECTION OF NAVIGATION, HARBOUR OR OTHER WORKS AND FISHING GROUNDS: The Holder shall not interfere

ABORIGINAL ARTIFACTS AND HISTORICAL SITES

RIGHT TO OBTAIN MINING LEASES: The right of the Holder to receive Special Coal Mining Leases shall be in accordance with the Deeds as modified by the said Agreement. APPLICATION OF THE COAL MINING ACTS: If and to the extent that the Acts or any future amendment or modification thereof shall not extend or apply to the works or operations of the Holder on the lands included within this Authority to Prospect, the Holder shall carry out and comply with any and all provisions of the Acts or any future amendment or modification thereof in and in connection with all works and operations of the Holder in the same manner and to the same extent as if such works and operations were Holders to be mines and mines within the meaning of the Acts. CONTINUATION OF EXISTING ADVERTISEMENT: The lands described in the list herein and advertised as aforesaid to be not open for license or lease (except such part or parts thereof as shall be excluded from the operations of this Authority to Prospect in the manner provided herein) shall continue during the term of this Authority for Prospect to be declared so as not to be open for license or lease.

CANCELLATION FOR DEFAULT: Subject to said Agreement, if at any time the Holder fails to comply with or comply with any provision of the Acts or any term, condition, provision or stipulation contained herein and on the part of the Holder to perform or comply with and remedy such breach or default within three (3) months after a written notice from the Minister has been delivered or mailed to the Holder at its registered office or principal place of business in Queensland calling on the Holder to remedy such breach or default or if the Holder ( which is a company) has ceased to operate or if an effective resolution has been passed on its dissolution (in no case is it a dissolution due to reconstruction or amalgamation) or if the holder assigns a transferable mortgage or creates an interest in this authority to Prospect or attempts to do so without written the consent of the Minister first obtained and obtained, the Minister may immediately thereafter revoke and determine such authorization to Prospect, whereupon any balance of the deposit shall then be in the hands of the Minister. Notice of such cancellation shall be sent by post to the Holder at its registered office or principal place of business in Queensland and shall be deemed to have been received by the Holder when such notice would normally have been received. If the holder has fulfilled and complied with all the provisions of the acts and the said contract and all the terms, provisions and conditions contained in this document and which must be implemented or observed by the holder, the holder may at any time by written notice to the Minister of his intention to immediately surrender this search authorization and all obligations of the holder pursuant to this search authorization shall cease and desist, except for the obligations of the holder under Articles 7, 9 and 11 and the right of the Minister under Article 10 of this Act to.

Royalties and under and in accordance with the covenants and conditions mentioned below and the general terms and conditions, exceptions, reservations and provisions in the aforementioned laws and the regulations arising therefrom and in all other laws relating thereto. NOW KNOW that in consideration of the property and the sum of dollars cents paid to the treasurer for the time being of our said state before the issuance hereof, as and for the lease of the said land until the thirty-first day of December A.D. AND ALSO in consideration of the Annual Rental Royalties and Agreements provisions hereinafter reserved and incorporated by the aforementioned Utah Development Company and Mitsubishi Development Pty. "the Tenant") all those lands more particularly described in the Second Schedule hereinafter written for the purpose of mining for coal, subject to reservation and always excluding us, our heirs and successes, and the Minister of Mining, Highways and Electricity of our said state.

The terms of the special coal leasing agreement shall be those set out in the agreement, annexed thereto. IN WITNESS WHEREOF, we have caused this Our Lease to be sealed with the Seal of Our said State. State of Queensland and its Dependencies, in the Commonwealth of Australia, at Government House, Brisbane, in Queensland aforesaid, this day d.

RAILWAY ANCHOR: Standard type with application pattern as used for railway line from Goonyella mine. Provision should be made to improve the standard of track in this section by increasing the depth of ballast under sleepers by two inches from eight inches to ten inches.

GENERAL-

TRAIN SCHEDULE AND ROLLING STOCK

RAILWAYS to transport 15·7 million tonnes per annum (4·2 million tonnes GoonyelIa, 6 million tonnes Peak Downs, 5·5 million tonnes Saraji). ROLLINGSTOCK for 13·7 million tonnes per annum (4·2 million tonnes Goon)ella, 5 million tonnes Peak Downs, 4·5 million tonnes Saraji). CURVATURE: Minimum radius of not less than fifteen chains with variations in exceptional cases in mine and harbor rings.

RAILS: Australian standard one hundred and seven pound rails welded to minimum lengths of three hundred and sixty feet on Main Line, Balloon and Passing Loops: 94 pound rails on secondary lines. Between the junction with the railway line from Peak Downs Mine and the junction with the railway line from Goonyella Mine. SIGNALS: Centralized traffic control on the part of the railway line from Peak Downs Mine and Saraji Mine.

An intermediate electrical signal on the Hay Point-Jilalan section to divide the section in an upward direction.

TRAIN SCHEDULE AND ROLLINGSTOCK

An intermediate electrical signal on the Hay Point-Jilalan section to divide the section in an upward direction. v) the new main line at lilalan and a loop to be extended for the operation of the six locomotive train.

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