Western Australian Consolidated Acts Western Australian Consolidated Acts AGREEMENT made the
23rd day of June One thousand nine hundred and fourteen between the Honourable
Thomas Henry Bath of Perth Western Australia Minister for Lands (hereinafter
called “the Minister”) of the one part and Hector William Cole of
St. Kilda Victoria Journalist on behalf of the Kimberley Tropical Agriculture
Syndicate of Melbourne Victoria (hereinafter called “the
Syndicate”) of the other part.
Whereby it is agreed
as follows: —
1. Subject to the
approval of Parliament a Special Lease in the form of the twenty-ninth
schedule to the Land Act 1898 shall be granted to the Syndicate or some
person or persons to be named by the Syndicate as their trustee or trustees
(hereinafter referred to as the Lessee) of an area of twenty thousand (20,000)
acres in the Kimberley Division of the State of Western Australia as the same
is approximately delineated in a plan deposited in the Department of Lands and
Surveys 2 Perth and numbered 15528 for the term of ninety-nine years for
agricultural and horticultural purposes.
2. The rent to be
reserved by the lease for the first seven years of the term shall be a
peppercorn if demanded and for the next thirteen years of the said term the
annual rent of One hundred and twenty-five pounds (being at a rate of two and
a half per cent. on an unimproved capital value of Five thousand pounds).
After the first twenty years and for the remainder of the said term the annual
rent shall be at a rate of two and a half per cent. on the unimproved capital
value of the land for the time being to be assessed by the Minister for Lands
but such value shall not exceed the sum of Ten thousand pounds.
3. All survey fees and
charges incidental to the issue and registration of the lease shall be paid by
the lessee.
4. The Lease shall be
granted subject to the following conditions in addition to those prescribed by
the said form: —
That the Lessee
shall —
(a)
Clear five hundred acres of the demised land within the first two years of the
term of the lease;
(b)
Cultivate the said five hundred acres during the third year of the said term;
(c)
During and after the fourth year of the said term plant and cultivate the said
area of five hundred acres to the Minister’s approval with some form of
tropical agriculture or horticulture; and
(d)
Thenceforth clear and cultivate not less than fifty additional acres per annum
until a total area of one thousand acres in all has been cleared and
cultivated.
5. It shall be lawful
for the Commissioners of the Presbyterian Church in Western Australian or the
Presbyterian Church of Australia (who have the right to acquire for mission
purposes twenty thousand acres of the Reserve 15530 situated in the Kimberley
Division) and the lessee by mutual agreement to exchange portion of their
respective holdings but any land so acquired by the lessee shall be deemed
part of his holding under the lease to be granted pursuant to this Agreement
to all intents and purposes as if it had been included in the original demise
and shall be held at the rent and subject to the conditions of such demise
accordingly.
6. At any time during
the first two years of the term the lessee may with the approval of the
Minister for Lands surrender the whole or any part of the demised land and
acquire in lieu thereof other waste land of the Crown in the Kimberley
Division of equivalent value in one or more parcels on the same terms and
conditions as if the substituted land had been the subject of the original
demise the annual rent being so far as necessary apportioned between the
several holdings of the lessee.
7. The lease shall
contain a proviso that before any proceedings for forfeiture are taken for any
alleged breach of covenant by the lessee notice in writing of the breach
complained of shall be given on behalf of the Crown to the lessee by
delivering the same or sending it by letter through the post to the address of
the lessee as stated in the lease or registered at the Department of Lands and
Surveys 2 Perth and if within one month from such notice being given the
lessee shall by notice in writing addressed to the Minister for Lands and
delivered at the Department of Lands and Surveys 2 Perth require the
question whether such breach of covenant has happened to be referred to
Arbitration under the provisions of the Arbitration Act 1895 and by such
notice nominates as his Arbitrator some person residing in Western Australia
and willing to undertake the duty no proceedings for the forfeiture of the
lease shall be taken unless and until it is found by the Award of the
Arbitrators or their Umpire that a breach of covenant sufficient to justify a
forfeiture has been committed.
As witness the hands of the parties hereto the day and year first above
written.
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Signed and sealed by the Honourable Thomas Henry Bath Minister for Lands in
the presence of — L.E. SHAPCOTT |
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THOMAS H. BATH [L.S.] |
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Signed by the said Hector William Cole in the presence of — C.G. MORRIS |
|
H. W. COLE |
