The Governor in Council announces the date of the conclusion of the agreement by proclamation. The making of this agreement has been authorized by the Parliament of the State of Queensland, expressed in an Act entitled The Thiess Peabody Coal Pty. This Agreement may be varied by agreement between the Minister and the Company with the approval of the Governor in Council by Order in Council and no provision of this Agreement shall be varied nor shall any of the powers and rights of the Company under this Agreement be derogated from except on such a way.
The work carried out in prospecting in terms of the provisions of this Part of this Agreement shall be subject to the provisions of the Coal Mining Acts in so far as the same are applicable. -21 9 Any special coal mining leases granted may include the whole or any part of the area of any coal mining leases or Applications for coal mining leases now held by the Company. The Company may assign any Coal Mine Lease already held by it or any part thereof or application for it already made by the Company on such terms as the Minister thinks fit for the purpose of the area or part of the land being contained therein. included in any special coal mine lease granted under the terms of this clause.
A condition that for any breach of any of the covenants the Minister may impose on the company a fine not exceeding two thousand dollars, and in default of payment of such fine may forfeit the special coal lease. Such royalty shall be paid monthly within thirty days of the end of each month.
Labour and Expenditure required on Special Coal Mining Leases. The Company shall install on its Special Coal Mining Lease
The Company in any operations for the extraction of coal undertaken by it under the terms of this Agreement involving disturbance of the surface by open pit mining shall comply with the following conditions:-. The Company shall determine the manner of regeneration of the various parts of the affected land and shall clearly indicate the same by appropriate designation on the map. The Company will investigate the route of the proposed railway from the Coalfield or from the vicinity of the Coalfield to the Port as soon as possible.
The company within three months from the date of this Agreement will give the Minister a guarantee for the proper and regular construction of the railway in the amount of two hundred thousand dollars. The plans, sections inns and books of reference of the railway and site or other works required by this Agreement (or any part or part thereof) may be approved by the Minister from time to time with such modifications (if any). agreed by the Minister and the Company and 1/1 the Ministry will notify the Company of this approval in writing. Provided that in relation to land used for the railway, the grant of a perpetual or non-competing lease shall be in the discretion of the Governor in Council.
The purchase price to be paid by the Crown to the Company in such a case is its value at the time. The question of the adequacy of such a substitute road shall, in case of dispute, be determined by the Governor in Council. The character of the maintenance must be in keeping with the road on which the railway is built.
The costs of maintaining and operating such intersections or crossings and the signaling facilities connected therewith, to the satisfaction of the Commissioner, shall be borne by the Corporation. The commissioner agrees with the company to reconstruct at the company's expense. ETC., ACfS, 1962 TO 1%5 any part of its railways and make any temporary deviation therefrom to facilitate the construction of the Company's railway.
Any additional expense which the Commissioner may at any time incur in the operation of his railway by reason of the existence and operation of the Corporation's railway shall be borne by the Corporation. The Company shall take all reasonable precautions by burning or poisoning grass and other means to prevent fire on land used for railway purposes. The railway shall not be used for the public carriage of passengers or goods, except in accordance with the provisions of any agreement which may be entered into between the Corporation and the Minister with the approval of the Governor in Council.
Where such land is not required by the company for the time being, the company may, with the Minister's consent, sublease the same. No liens, liens or other instruments shall remain a charge on any particular coal lease in the event of determination of this Agreement.
THIESS PEABODY MITSUI COAL PTY. LTD
PART I-PRELIMINARY
OOO,O:;O 1,375,000
According to the mutual agreement between the State and the Company at a rate not exceeding $2.75 per ton. On and from the first day of April 1968, Commissioner sh:J.IJ transported for the company by means of lot. I include such railway contract coal as will be offered for shipment by the Company up to a maximum of three million tons per annum.
The freight rates payable by the Company for the carriage of contract coal for a period of ten (I 0.> years commencing on a date as above. Under 1 million tons per annum the Company shall pay the applicable freight rates as prescribed by the Railways Acts, 1914 to 1964, and the statutes published thereunder. At or above three million tons annually, the freight rates payable by the Company shall be as mutually agreed between the State and the Company at a rate not exceeding $1.94 ton) . 2) The above rates (except for tonnage below 1 million (I .000,000) tons per year) must be escalated by negotiation.
I transportation services provided on the basis of a six day week and a fairly regular flow of coal shipments offered by the Company. Exchanged by Order in Council published. Government Gazette 15 November 1975, p. I) The State will accept all shipments of coal or other cargo from the Company for transportation over the short line railway at. If the Company so requests, the State will take the steps that may be necessary to acquire additional locomotives and rolling stock as may be necessary to increase the capacity of the short-line railway from Three million tons of coal to Five million tons.
The State's obligation to increase the capacity of the short-line railway shall be subject to the Company's undertaking to provide additional security deposit money equivalent to six-tenths of the funds required to bring about such increased capacity. The terms contained in this Agreement with respect to the initial Security Deposit monies shall apply mutatis mutandis to the additional Security Deposit monies to be deposited by the Company for this purpose. In the event of an increase in the capacity of the short line railway in accordance with this clause the freight charges applicable to the tonnage carried by the Company on the short line railway in excess of three million tonnes per annum and all other terms and conditions of this Agreement affected by such increase shall be as mutually agreed upon by the State and the Society.
The State hereby confirms that prior to the commencement of this Agreement, the Company has delivered to the State one hundred (100) wagons of Japanese-made coal, each with a capacity of sixty-two (62) tons. In lieu of the repayments by the State specified in Article 14 of this Agreement, the Company may, at its own option, decide to build, build or complete the construction of a short line at its own expense. If, when implementing the above-mentioned option, the company decides to continue the construction of the short line at its own expense,
