34;associated company" means any company which carries on activities in or near Whyalla and which is substantially dependent on the Company's products for its trading or production processes. The Minister will not accept an application from the Company for an extension under this subclause capriciously refuse In the event that the Company should at any time cease the sale of foundry cast iron at a price calculated on the basis of the price per ton cif.
However, Port Adelaide will be calculated by the Company a notional basic selling price per tonne c.i.f. For the purpose of determining the moisture content of any recovered substance containing iron or iron concentrate, on the dry weight of which royalty is payable under this Agreement, the returns furnished by the Company shall be prima facie evidence of the matters therein contained. . 34;\Vhyalla Pipeline at a point or points in the Middleback Range area; or. b) ask the state to build such a water supply network in the name and at the expense of the Company.
The junction of such water main with the Morgan-'Vhyalla r~ pipeline shall be at a place convenient to the Company and. The water to be delivered to the Company under this Indenture will be potable water in the condition in which it is extracted from the Murray River and treated without filtration. Thereafter, if the meter is not corrected or replaced, proper account must be taken of the error in each monthly notice indicating the amount of water delivered to the Company.
IN WITNESS WHEREOF, this contract has been executed by His Excellency the Lieutenant Governor of the State and by the Company.
M. NAPIER Lieutenant-Governor
His Excellency the Lieutenant Governor of South Australia caused the public seal of the State to be affixed thereto and signed this contract on the fourth day of September 1958, in the presence of. THE COMMON SEAL OF THE BROKEN Hrr,L PROPRIETARY COMPANY LIMITED was affixed on the twenty-second day of August, 1958 in the presence of.
Y. SYME Director
LEWIS Director
G. NEWTON General Manager
"the lessee", which expression shall include his successors and "grant") all that piece of land containing and situated and being acres or thereabouts. in the said State as the same is delineated in the public maps deposited in the office of the Department of Mines. in the City of Adelaide and in the plan in the margin hereof and colored therein together with all roads waters watercourses privileges and appurtenances to the same now belonging or there"occupied or enjoyed. Including in such lease during the continuance thereof the following rights and liberties for the lessee and the lessee's agents servants and workers in and on the said land.To convey the said land with the appurtenances (except and reserved and subject as aforesaid) to the lessee of the.
In the event that the lessee at any time ceases to sell cast iron at a price calculated with reference to the price per tonne c.i.f. Port Adelaide will nevertheless be charged by the lessee a notional base selling price per tonne c.i.f. That the lessee shall at all times during the said term repair and maintain the said mines in good condition and in such good condition.
That the lessee shall permit the pastoral tenant (if any) of the said land at all times to have free access and user for domestic purposes and for purposes of irrigation to and of any surface water on the said land, which shall not are secured or preserved by artificial means by the lessee. That the lessee shall report to a warden when precious stones of gold, coal shale oil, gypsum salt, or minerals other than iron ore or substances containing iron, are found in chargeable quantities on or upon the said land:. That the lessee during the extension of the said term, without the written consent of the Minister, shall not have and obtain first the use or 'occupation or permission to use or occupy the said land, except for the purpose of exercising the rights and freedoms previously given: .
That Lessee shall not prevent any person entitled to a privilege or authority under said laws and regulations or any amendment thereof from exercising them. That it shall be lawful for the Governor or Minister, or any person authorized by him or them, at any reasonable and reasonable time during the said period without any interruption by the lessee or the lessee's agents, servants or laborers, to enter upon the said land, and to and in and to any mines or workings that may be found therein, to view and examine their condition. I suggest if the same is done properly. skilful and industrious manner, and to use for that purpose any of the railway or other roads or ways, machinery and works belonging to the said mines, and to examine and take extracts from all ledgers, vouchers and documents relating thereto. If the said rent is not paid on or before the day appointed for its payment, a penalty of five pounds per centum shall be added to the said rent, and if the said rent and penalty shall not be paid within one calendar month after the said day a further penalty of ten pounds shall be added per centum, and if he has not paid the said rent and penalty within one calendar month after the said first month, the same may be recovered by the Minister by suit in any court of competent jurisdiction.
That if, during the said term, Tenant commits any breach of or fails to comply with any covenant term or provision contained herein, this Lease Agreement shall be forfeited in the manner hereinafter provided. And finally that the tenant has the freedom to remove at any time within the said land. a) three months after the date of forfeiture or redemption of this lease, any improvements to machines, engines or tools; IN WITNESS WHEREOF, this lease has been executed by His Excellency the Governor of the State and by the Company.
His Excellency the Governor of South Australia causes the public seal of the State to be affixed to the. THE COMMON SEAL of THE BROKEN HILL PROPERTY COMPANY LIMITED is hereby affixed to the.
