77

1.—16

(2.) This lease is granted for a term of sixty-three years (hereinafter called " the said term "), commencing from the date hereof. (3.) Without in any way limiting or affecting any other rights or powers of the lessor or the Warden, there is hereby reserved to the lessor the full and free right from time to time and at any time during the said term to lay off, construct, and maintain roads, railways, and tramways on, through, and over any part of the demised land, and to appropriate and fence off or otherwise demark such portion of the demised land as is required for the purposes of such roads, railways, and tramways : Provided that the rights hereby reserved shall be so exercised as not to interfere with the lessee's mining operations or yvorks on the demised land, and as often as any question arises as to whether any specified exercise or proposed exercise of such rights does or may so interfere the question shall be referred to the Warden, whose decision shall be final, subject to the same right of appeal as is provided by the Mining Act, 1908, and its amendments in the case of proceedings before the Warden of the Warden's Court. (4.) The rent payable by the lessee during the said term shall be the yearly rental of one hundred and eight pounds fifteen shillings (£IOB 155.), being at the rate of two shillings and sixpence (2s. 6d.) for every acre or fraction of an acre of the demised land, such rental to be paid by equal half-yearly payments of fifty-four pounds seven shillings and sixpence (£54 7s. 6d.) in advance on the thirtieth day of June and the thirty-first day of December in each and every year, and the first payment thereof is to be the apportioned part of a half-yearly payment as from the day of the date hereof to the thirty-first day of December, one thousand nine hundred and twelve. (5.) The lessee shall pay a royalty of one-twenty-fifth of the value a t the pit's mouth of all iron-ore raised pursuant to this lease. (6.) For the purpose of estimating the amount, of royalty payable hereunder the value of the iron-ore so raised shall be deemed to be six shillings and threepence (6s. 3d.) per ton at the pit's mouth. (7.) The said royalty shall be due and payable on the same days and for the same periods as the said instalments of rent accruing hereunder, provided that each payment of royalty shall be due and payable on a half-yearly day hereby appointed for payment of rent and shall be in respect of the value ascertained as aforesaid of the iron-ore raised during the half-year or. portion of a half-year then expiring, and provided further that the provision for payment of such royalty shall be subject to the provision of Regulation No. 16 made under the Mining Act, 1908, that should the said royalty exceed the amount of rent payable under these presents in any one year such rent shall for that yea,r cease. (8.) On the thirty-first day of December, one thousand nine hundred and twelve, and at half-yearly intervals thereafter during the said, term, the lessee shall make to the Receiver of Gold Revenue at Collingwood true and accurate returns of all iron-ore (if any) raised during the preceding half-3-ear pursuant to this lease. (9.) The lessee shall within six months after the date of this lease commence and thereafter during the term of the lease continuously prosecute mining operations on the demised land for iron-ore as aforesaid, and for that purpose shall (except as aforesaid) at all times during the first two years of the term keep continuously employed upon or in connection yvith the demised land and his said mining operations thereon at least one workman for every full area of fiftyacres or less therein contained, and thereafter during the term at least two workmen for every .such area : Provided as follows :— (a.) For the purpose of compliance yvith the aforesaid labour conditions there shall be included all work done in the construction or erection of machinery or in preparation indispensable to the actual commencement of mining operations, whether such work is done on or in connection yvith the demised land, or on or in connection with any other land situate in the same mining district, or on the sea-coast thereof, and used for the purposes of facilitating mining operations on the demised land. (b.) To the extent of one-half of the number of workmen which should otherwise be employed the expenditure of capital shall be equivalent to the employment of workmen in the proportion of one man for every thousand pounds of capital which shall be expended by the lessee in plant or permanent works for the purpose of the said mining operations. (c.) Nothing herein shall deprive the lessee of the right to apply to the Warden for temporary exemption from labour conditions, or for the temporary liberty to work with fewer men; and the Warden shall consider each such application on its merits, and may, subject to the consent of the Minister of Mines if by law required, grant or refuse (either wholly or to any partial extent) any such application; and any grant or order made by the Warden in the premises, or any acts or things done or omitted to be done by the lessee under the authority of the Warden, shall not prejudice or affect the "validity of these presents. (10.) For the purpose of producing, smelting, or otherwise, and treating iron or the products of iron, but for no other purpose, the lessee shall be at liberty to take and use such portion of the limestone on the demised land as may be necessary for the production, smelting, and treatment of iron or the products of iron by the lessee, and this liberty shall extend to the production and winning of by-products (if any) derived or won in the process of the treatment of the iron-ore. (11.) The lessee shall at all times during the said term duly carry out and observe all the terms and conditions of this lease, and all such provisions of the Mining Act, 1908, and the amendments thereof, and the regulations respectively thereunder, as are applicable to 'this lease and the lessee. (12 ) All the provisions of the Mining Act, 1908, its amendments and regulations, made thereunder applicable to mineral leases, including (but without prejudice to the generality of the aforesaid) all provisions and regulations for securing payment of the said rent and royalty for ensuring the regular, proper, and efficient carrying-on of mining operations on the demised