Western Australian Consolidated Acts Western Australian Consolidated ActsDRAFT LEASE
Lease No.
Division No.
GEORGE THE FIFTH, by the Grace of God, of the United Kingdom of Great Britain
and Ireland, and of the British Dominions beyond the Seas, King, Defender of
the Faith, Emperor of India: To all to whom these presents shall come,
Greeting
Know ye that we of Our Special Grace and in consideration of the rent
hereinafter reserved and to be paid by Western Australian Plaster of Paris and
Gypsum Company, Limited, a Company duly incorporated and registered in the
State of (Western Australia, and having its registered office at 25 Raglan
Road, North Perth, Western Australia, its Liquidators, Successors, and Assigns
(hereinafter called and referred to as the lessee) and of the conditions
hereinafter expressed and to be observed and performed by the lessee, do by
these presents demise and lease to the lessee all that land being portion of
the bed of the Cowcowing Lakes, to a depth of 200 feet, situated at Avon
Location 16454, near Dukin, in this State, and containing approximately 5,000
acres, as the same is delineated in the plan drawn hereon and coloured blue:
To have and to hold the premises hereby demised, subject to the powers,
reservations, and conditions herein and in the Land Act 1898 , and its
amendments contained: And with all the rights, powers, and privileges
conferred by the said Act as are applicable hereto, unto the lessee for the
term of twenty-one years, to be computed from the
day of One thousand nine hundred and eighteen, for the special purpose of
working the gypsum deposits on the demised premises, and for the manufacture
of plaster of Paris from the said gypsum deposits, and/or the manufacture of
manure from the said gypsum deposits. Yielding and paying therefor during the
said term unto Us, Our Heirs, and Successors, the yearly rent of Ten Pounds
without deduction, by equal payments half-yearly, in advance on or before the
first day of March, and the first day of September, in every year, and also
yielding to Us, Our Heirs, and Successors, by the way of further rent, a
royalty of one shilling per ton of all plaster of Paris and/or manure
manufactured, being the product of the said Lease, such rent and royalty to be
paid to our Minister for Lands of our said State. Provided that this lease is
granted and shall be held on the condition that no worker or other person
shall be employed by the Lessee on the demised land unless such worker or
person is a natural born or naturalised British subject.
Provided that this Lease is granted subject to the observance and performance
by the Lessee of the following conditions. That the Lessee
(a)
Shall commence operations forthwith and continue the same during the term of
the lease.
(b)
Shall continuously employ not less than two workmen on the lease during the
first year of the term, and not less than five men during the remainder of the
term.
(c)
Shall perform such labour conditions by the employment of only natural born or
naturalised British subjects.
(d)
Shall render to Our Minister for Lands to his satisfaction, and if so required
by him in a prescribed form, half-yearly returns in writing of all plaster of
Paris and/or manure manufactured, and the produce of the said Lease, and shall
pay to our Minister for Lands with each return the said royalty of one
shilling per ton;
with power to the Minister for Lands or any officer appointed by him to
inspect the books of account or records of the Lessee from time to time, and
to take extracts therefrom.
(e)
Shall pay the proper survey fees in respect of the demised land.
Provided, nevertheless, that it shall at all times be lawful for Us, Our Heirs
and Successors, or for any person or persons acting in that behalf by Our or
Their authority, to resume and enter upon possession of any part of the said
lands which it may at any time by Us, Our Heirs and Successors, be deemed
necessary to resume for roads, tramways, railways, railway stations, bridges,
canals, towing paths, harbour or river improvement works, drainage or
irrigation works, quarries, and generally for any other works or purposes of
public use, utility, or convenience, and for the purpose of exercising the
power of search for minerals and gems hereinafter reserved, and such land so
resumed to hold to Us, Our Heirs and Successors, as of Our or Their former
estates, without making to the said Lessee, its Successors and Assigns, any
compensation in respect thereof; so, nevertheless, that the lands so to be
resumed shall not exceed one-twentieth part of the whole of the lands
aforesaid, and that no such resumption be made of any part of the said lands
upon which any buildings may have been erected, or which may be enclosed and
in use as gardens or otherwise for the more convenient occupation of any such
buildings without compensation: Provided also that it shall be lawful at all
times for Us, Our Heirs and Successors, or for any person or persons acting in
that behalf by Our or Their authority to cut and take away any such indigenous
timber and to search and dig for and carry away any stones or other materials
which may be required for making or keeping in repair any roads, tramways,
railways, railway stations, bridges, canals, towing paths, harbour works,
break-waters, river improvements, drainage, or irrigation works, and generally
for any other works or purposes of public use, utility, or convenience,
without making to the Lessee, its Successors or Assigns, any compensation in
respect thereof, and We do hereby save and reserve to Us, Our Heirs and
Successors, all mines of gold, silver, copper, tin, or other metals, and all
gems and precious stones, and coal or mineral oil in and under the said land,
with full liberty at all times to search and dig for and carry away the same,
and for that purpose enter upon the said land or any part thereof: Provided
also that if the said Lessee shall, during the term hereby created, at any
time make default in payment of the rent or royalty hereby reserved, or shall
fail or cease to use, hold, and enjoy the said land for the said special
purpose, or shall fail or neglect to duly observe and perform the said
conditions or any of them to the satisfaction of Our Minister for Lands, it
shall thereupon be lawful for Us, Our Heirs and Successors, into and upon the
said demised premises, or any part thereof, in the name of the whole to
re-enter and the same to have again, re-possess, and enjoy as if this
deed-poll had never been executed, without making any compensation to the said
Lessees.
PLAN REFERRED TO
Subject to Survey
IN WITNESS where We have caused Our said Minister for Lands to affix hereto
his seal and set his hand this day
of
1918.
By order of THE MINISTER FOR LANDS.