Victorian Consolidated Legislation

Extractive Industries (Lysterfield) Act 1986 - SCHEDULE

Section 3 AGREEMENT THIS AGREEMENT is made the 10th day of April 1986 Between
the Honourable ROBERT CLIVE FORDHAM, Minister for Industry Technology and
Resources of the State of Victoria (hereinafter called "the Minister") for and
on behalf of HER MAJESTY QUEEN ELIZABETH II and HER MAJESTY'S GOVERNMENT OF
THE STATE OF VICTORIA (hereinafter called "the State") of the one part and
BORAL RESOURCES (VIC.) PTY. LTD., BAYVIEW LTD. and DANDENONG QUARRIES PTY.
LTD. all companies incorporated under the Companies Act 1961, whose registered
offices are situated at 350 La Trobe Street, Melbourne in the said State,
(hereinafter called "the Companies") of the other part. WHEREAS A. Prior to 5
July 1976 the company now named Boral Resources (Vic.) Pty. Ltd. was named
Albion Reid Pty. Ltd. B. The companies are the registered proprietors of the
land known as Boral Lysterfield Quarries, (hereinafter called "the land")
being the land hatched on the plan annexed hereto and being more particularly
described in the Certificates of Title enumerated in the Schedule to this
Agreement. C. The land cross hatched on the plan annexed hereto is unalienated
Crown land being lot 58A Parish of Narree Worran certified plan number 104739
(hereinafter referred to as "the Crown land"). NOW THIS AGREEMENT WITNESSETH
1. This Agreement, the contracts of sale, the transfer and surrender, leases
and licence referred to herein shall not be of any force or effect nor shall
the parties have any claim against each other in respect of any matter arising
out of or in connexion therewith until they have been ratified validated
approved or otherwise given effect by an Act of the Parliament of Victoria
which comes into operation before the thirtieth day of June One thousand nine
hundred and eighty six. 2. In consideration of the companies selling and
surrendering the land to the State upon the terms and conditions contained in
the contracts of sale and the transfer and surrender annexed hereto- (a) the
State shall grant to Boral Resources (Vic.) Pty. Ltd. a lease of the land (but
excluding that portion of the land contained in Certificate of Title Volume
9598 Folio 978 which is not being closed as a road) upon the terms and
conditions contained in the lease annexed hereto; and (b) the Minister shall
grant to Boral Resources (Vic.) Pty. Ltd.-

   (i)  an extractive industry lease in respect of the Crown land and the land
        which lies below 15×24 metres from the surface underneath that land
        referred to in Certificates of Title- Sch. Volume Folio 8319 872 8701
        447 8054 398 8056 650 8194 221 8128 878 9598 978 8547 483 7130 857
        7238 425 8259 334 6449 718 (ii) an extractive industry licence in
        respect of the land- upon the terms and conditions contained in the
        respective lease and licence annexed hereto. 3. The State agrees to
        grant to Boral Resources (Vic.) Pty. Ltd. right of way over that
        portion of the land contained in Certificate of Title Volume 9598
        Folio 978 which shall continue to be used as a road for the duration
        of the term of the leases and licence annexed hereto. 4. Boral
        Resources (Vic.) Pty. Ltd. agrees to maintain the access roads leading
        from Wellington Road Lysterfield to the land for the duration of the
        term of the leases and licence annexed hereto. Maintenance of the
        access roads shall include their proper formation, adequate drainage,
        sealing with hot mix asphalt, edging with concrete edging strips
        including channelization of culverts and bellmouth layouts at the
        intersections with Wellington Road. For the purposes of this clause-
        "adequately drained" means the construction and regular maintenance of
        an approved table drain along each access road, 220 mm minimum
        diameter culverts to be placed in each road sag curve and all culvert
        inlets to be boxed and lined with concrete. All culvet outlets shall
        extend out from down batter walls which shall be provided with a stone
        or concrete protection apron;

"properly formed" means removing all debris and organic material prior to
stripping for formation, forming the subgrade with cross falls of 1 in 20
minimum, layering and compacting each layer of fill material on sections of
roads composed of fill, cleaning out all soft spots on formed roads and
replacing with crushed rock, covering the subgrade with crushed rock and
constructing the roads to a minimum pavement width of 7×3 metres. 5. Boral
Resources (Vic.) Pty. Ltd. shall pay, in addition to the royalties provided
for in the lease referred to in sub-clause 2(b) above, a reclamation levy of
not less than 22 cents per tonne on all stone extracted from its original
place on the land and the Crown land pursuant to the said lease and licence on
the following basis: (a) The rate per tonne of the reclamation levy shall be
reviewed every five (5) years throughout the term of the said lease and
licence and if Boral Resources (Vic.) Pty. Ltd. and the Minister fail to agree
on a new rate the rate shall be fixed (at a rate not less than that applicable
for the previous five (5) year period) by an arbitrator appointed by the
Chairman of the Extractive Industries Council at the instigation of either the
said company or the Minister. (b) The reclamation levy payable in cents per
tonne for each five (5) year period shall be determined as the "net bin
return" in accordance with the formula- Net bin return (in cents) (c) The net
bin return as referred to in (b) above shall be the total receipts of the said
company for the sale of all stone extracted from its original place on the
land and the Crown land as determined from the financial accounts of the said
company and as verified by independent audit by a registered company auditor
divided by the total tonnage of sales of stone for that period. (d)
Notwithstanding the aforesaid method of calculating the reclamation levy, the
amount of reclamation levies payable in respect of any one year shall not be
less than the amounts set out hereunder- years 1 to 5 (inclusive) of this
agreement $100 000.00 years 6 to 10 (inclusive) of this agreement $200 000.00
years 11 to 50 (inclusive) of this agreement $300 000.00 (e) Reclamation levy
payments shall be made by Boral Resources (Vic.) Pty. Ltd. half yearly within
thirty days after the first day of January and the first day of July each
year. 6. (a) The purpose of Boral Resources (Vic.) Pty. Ltd. paying the
reclamation levy is to provide the moneys required for progressive reclamation
of the land and the Crown land in planned stages as quarrying ceases. (b) The
State shall, to the extent that reclamation levies have been paid,
progressively make available moneys for the reclamation of the land and the
Crown land as provided for in the documents annexed to this Agreement. (c) The
liability of Boral Resources (Vic.) Pty. Ltd. to meet the obligations imposed
on it in respect of reclamation work to the land and the Crown land by the
documents annexed to this Agreement is conditional upon the State providing
the necessary moneys for such work. 7. The Minister and any one or more of the
Companies may from time to time enter into agreements or arrangements for
better giving effect to the provisions of this Agreement. 8. If Boral
Resources (Vic.) Pty. Ltd. takes or has taken or has instituted against it any
action or proceedings whether voluntary or compulsory which has an object or
may result in its winding up, other than a voluntary winding up by members for
the purpose of reconstruction or amalgamation, or is placed under official
management or enters into a compromise or other arrangement with its creditors
or if a receiver or a receiver and manager is appointed to carry on its
business for the benefit of its creditors or any of them, the State may
terminate this Agreement by giving notice in writing of termination to Boral
Resources (Vic.) Pty. Ltd. 9. This Agreement shall be interpreted according to
the laws for the time being in force in the State of Victoria. IN WITNESS
WHEREOF the parties hereto have executed this Agreement the day and the year
first hereinbefore written. Signed sealed and delivered by the Honourable
ROBERT CLIVE FORDHAM in the presence of:

ROBERT CLIVE FORDHAM P. BEAN

The common seal of BORAL RESOURCES (VIC.) PTY. LTD. was hereunto affixed in
accordance with its Articles of Association in the presence of:

L.S. P. H. CLARKE, Director

D. E. PERKINS, Director



The common seal of BAYVIEW LTD. was hereunto affixed in accordance with its
Articles of Association in the presence of:

L.S. P. H. CLARKE, Director

D. E. PERKINS, Director

The common seal of DANDENONG QUARRIES PTY. LTD. was hereunto affixed in
accordance with its Articles of Association in the presence of:

L.S. P. H. CLARKE, Director

D. E. PERKINS, Director

SCHEDULE TO AGREEMENT

Name of Registered Proprietor Certificate of title Volume

Folio Dandenong Quarries Pty. Ltd. 8319 872
,,          ,,       ,,
8701 447
,,          ,,       ,,
8054 398
,,          ,,       ,,
8056 650
,,          ,,       ,,
8194 221
,,          ,,       ,,
8128 878
,,          ,,       ,,
9598 978 Albion Reid Pty. Ltd. 8547 483
,,          ,,       ,,
7130 857
,,          ,,       ,,
7238 425
,,          ,,       ,,
8259 334
,,          ,,       ,,
6449 718 Bayview Ltd.

,,          ,,       ,,
4666 034
,,          ,,       ,,
5435 949
,,          ,,       ,,
8343 781 PLAN ANNEXED TO AGREEMENT

ANNEXURES TO AGREEMENT CONTRACT-BORAL RESOURCES (VIC.) PTY. LTD. THIS CONTRACT
is made the 10th day of April 1986 between Boral Resources (Vic.) Pty. Ltd. a
company incorporated under the Companies Act 1961 whose registered office is
situated at 350 La Trobe Street, Melbourne in the State of Victoria
(hereinafter called "the Vendor") of the first part and the Honourable Robert
Clive Fordham, Minister for Industry, Technology and Resources of the State of
Victoria (hereinafter called "the Minister") for and on behalf of Her Majesty
Queen Elizabeth II and Her Majesty's Government of the State of Victoria
(hereinafter called "the Purchaser") of the other part. WHEREAS the vendor
desires to sell and the Purchaser desires to purchase the land hereinafter
described in the particulars of sale on the terms and conditions hereinafter
set out. Now This Contract Witnesseth 1. The Vendor sells and the Purchaser
buys the land for the price and upon the conditions set out in this contract.
2. The conditions of this contract are as follows- (a) this sale is subject to
the Purchaser assuming liability on the settlement date for all registered
easements; (b) the Vendor shall deliver possession of the land to the
Purchaser upon payment of the deposit to the Vendor; (c) all moneys payable to
the Vendor pursuant to this Contract shall be paid to the Vendor at its
registered office; (d) a party breaching this contract shall pay upon demand-

   (i)  all reasonable expenses incurred by the other party as a result of the
        breach; and (ii) interest pursuant to the terms of this contract- and
        until payment the residue shall be varied by the addition or
        subtraction of those amounts (as the case may be); (e) if the time for
        performing any obligation expires on a Saturday, Sunday or bank
        holiday then time shall be extended until the next business day; (f)
        the conditions in Table A of the Transfer of Land Act 1958 shall apply
        to this Contract subject to any alteration by the conditions of this
        Contract.

3. The following are the particulars of this sale: VENDOR'S SOLICITOR J. M.
Smith and Emmerton 20th Level State Bank Centre 385 Bourke Street Melbourne,
3000 DX 361 Tel: 67 9351 PURCHASER'S SOLICITOR R. J. Lambert Crown Solicitor
221 Queen Street Melbourne, 3000 DX 30 Tel: 603 6752 LAND-The whole of the
land described in Certificates of Title Volume 8547 Folio 483 7130 857 7238
425 8259 334 6449 718 PRICE-Four hundred and ninety-four thousand four hundred
dollars ($494 400.00) DEPOSIT-Forty-four thousand four hundred dollars ($44
400.00) payable on the signing of this Contract RESIDUE-Four hundred and fifty
thousand dollars ($450 000.00) PAYMENT OF RESIDUE by yearly instalments of
nine thousand dollars ($9000.00) payable on the 10th day of April in each year
for the next fifty years the first payment to be made on the 10th day of April
1986 SETTLEMENT DATE is the date upon which legal title to the land shall be
given, namely, upon acceptance of title and payment in full of the residue DAY
OF SALE is the day first hereinbefore mentioned 4. The Vendor's statement
required by s. 32(1) of the Sale of Land Act 1962 is attached to, and included
in, this contract.









In witness whereof the parties have executed this contract the day and the
year first hereinbefore written. Signed by the Honourable ROBERT CLIVE FORDHAM
in the presence of ROBERT CLIVE FORDHAM P. BEAN

The Common Seal of BORAL RESOURCES (VIC.) PTY. LTD. was hereunto affixed in
accordance with its articles of association in the presence of

L. S. P. H. CLARKE, Director

D. E. PERKINS, Director

__________________ CONTRACT-BAYVIEW LTD. THIS CONTRACT is made the 10th day of
April 1986 between Bayview Limited, a company incorporated under the Companies
Act 1961 whose registered office is situated at 350 La Trobe Street, Melbourne
in the State of Victoria (hereinafter called "the Vendor") of the first part
and the Honourable Robert Clive Fordham, Minister for Industry, Technology and
Resources of the State of Victoria (hereinafter called "the Minister") for and
on behalf of Her Majesty Queen Elizabeth II and Her Majesty's Government of
the State of Victoria (hereinafter called "the Purchaser") of the other part.
WHEREAS the Vendor desires to sell and the Purchaser desires to purchase the
land hereinafter described in the particulars of sale on the terms and
conditions hereinafter set out. Now This Contract Witnesseth 1. The vendor
sells and the purchaser buys the land for the price and upon the conditions
set out in this contract. 2. The conditions of this contract are as follows-
(a) this sale is subject to the Purchaser assuming liability on the settlement
date for all registered easements; (b) the Vendor shall deliver possession of
the land to the Purchaser upon payment of the deposit to the Vendor; (c) all
moneys payable to the Vendor pursuant to this Contract shall be paid to the
Vendor at its registered office; (d) a party breaching this contract shall pay
upon demand-

   (i)  all reasonable expenses incurred by the other party as a result of the
        breach; and (ii) interest pursuant to the terms of this contract and
        until payment the residue shall be varied by the addition or
        subtraction of those amounts (as the case may be); (e) if the time for
        performing any obligation expires on a Saturday, Sunday or bank
        holiday then the time shall be extended until the next business day;
        (f) the Conditions of Table A of the Transfer of Land Act 1958 shall
        apply to this Contract subject to any alteration by the conditions of
        this Contract.

3. The following are the particulars of this sale: VENDOR'S SOLICITOR J. M.
Smith and Emmerton 20th Level State Bank Centre 385 Bourke Street Melbourne,
3000 DX 361 Tel: 67 9351 PURCHASER'S SOLICITOR R. J. Lambert Crown Solicitor
221 Queen Street Melbourne, 3000 DX 30 Tel: 603 6752 LAND-The whole of the
land described in Certificates of Title Volume 4666 Folio 034 5435 949 8343
781 ADDRESS-Wellington Road, Lysterfield PRICE-Seven hundred and twenty-five
thousand one hundred and twenty dollars ($725 120.00) DEPOSIT-Sixty five
thousand one hundred and twenty dollars ($65 120.00) payable on the signing of
this Contract RESIDUE-Six hundred and sixty thousand dollars ($660 000.00)
PAYMENT OF RESIDUE by yearly instalments of thirteen thousand two hundred
dollars ($13 200.00) payable on the 10th day of April in each year for the
next fifty years the first payment to be made on the 10th day of April 1986
SETTLEMENT DATE is the date upon which legal title to the land shall be given,
namely, upon acceptance of title and payment in full of the residue DAY OF
SALE is the day first hereinbefore mentioned 4. The Vendor's statement
required by s. 32(1) of the Sale of Land Act 1962 is attached to, and included
in, this contract.



In witness whereof the parties have executed this contract the day and the
year first hereinbefore written. Signed by the Honourable ROBERT CLIVE FORDHAM
in the presence of: ROBERT CLIVE FORDHAM P. BEAN

The Common Seal of BAYVIEW LIMITED was hereunto affixed in accordance with its
articles of association in the presence of:

L. S. P. H. CLARKE, Director

D. E. PERKINS, Director

_______________ CONTRACT-DANDENONG QUARRIES PTY. LTD. THIS CONTRACT is made
the 10th day of April 1986 between Dandenong Quarries Pty. Ltd., a company
incorporated under the Companies Act 1961 whose registered office is situated
at 350 La Trobe Street, Melbourne in the State of Victoria (hereinafter called
"the Vendor") of the first part and the Honourable Robert Clive Fordham,
Minister for Industry, Technology and Resources of the State of Victoria
(hereinafter called "the Minister") for and on behalf of Her Majesty Queen
Elizabeth II and Her Majesty's Government of the State of Victoria
(hereinafter called "the Purchaser") of the other part. WHEREAS the Vendor
desires to sell and the Purchaser desires to purchase the land hereinafter
described in the particulars of sale on the terms and conditions hereinafter
set out. Now This Contract Witnesseth 1. The Vendor sells and the Purchaser
buys the land for the price and upon the conditions set out in this contract.
2. The conditions of this contract are as follows- (a) this sale is subject to
the Purchaser assuming liability on the settlement date for all registered
easements; (b) the Vendor shall deliver possession of the land to the
Purchaser upon payment of the deposit to the Vendor; (c) all moneys payable to
the Vendor pursuant to this Contract shall be paid to the Vendor at its
registered office; (d) a party breaching this contract shall pay upon demand-

   (i)  all reasonable expenses incurred by the other party as a result of the
        breach; and (ii) interest pursuant to the terms of this contract and
        until payment the residue shall be varied by the addition or
        subtraction of those amounts (as the case may be); (e) if the time for
        performing any obligation expires on a Saturday, Sunday or bank
        holiday then the time shall be extended until the next business day;
        (f) the Conditions of Table A of the Transfer of Land Act 1958 shall
        apply to this Contract subject to any alteration by the conditions of
        this Contract.

3. The following are the particulars of this sale: VENDOR'S SOLICITOR J. M.
Smith and Emmerton 20th Level State Bank Centre 385 Bourke Street Melbourne,
3000 DX 361 Tel: 67 9351 PURCHASER'S SOLICITOR R. J. Lambert Crown Solicitor
221 Queen Street Melbourne, 3000 DX 30 Tel: 603 6752 LAND-The whole of the
land described in Certificates of Title Volume 8319 Folio 872 8701 447 8054
398 8056 650 8194 221 8128 878 ADDRESS-Wellington Road, Lysterfield PRICE-Two
million seventy-six thousand four hundred and eighty dollars ($2 076 480.00)
DEPOSIT-One hundred and eighty-six thousand four hundred and eighty dollars
($186 480.00) payable on the signing of this Contract RESIDUE-One million
eight hundred and ninety thousand dollars ($1 890 000.00) PAYMENT OF RESIDUE
by yearly instalments of thirty-seven thousand eight hundred dollars ($37
800.00) payable on the 10th day of April in each year for the next fifty years
the first payment to be made on the 10th day of April 1986 SETTLEMENT DATE is
the date upon which legal title to the land shall be given, namely, upon
acceptance of title and payment in full of the residue DAY OF SALE is the day
first hereinbefore mentioned 4. The Vendor's statement required by s. 32(1) of
the Sale of Land Act 1962 is attached to, and included in, this contract. In
witness whereof the parties have executed this contract the day and the year
first hereinbefore written. Signed by the Honourable ROBERT CLIVE FORDHAM in
the presence of: ROBERT CLIVE FORDHAM P. BEAN

The Common Seal of DANDENONG QUARRIES PTY. LTD. was hereunto affixed in
accordance with its articles of association in the presence of:

L. S. P. H. CLARKE, Director

D. E. PERKINS, Director

_______________ TRANSFER AND SURRENDER (Clause 2 of Agreement)

_______________ LEASE OF LAND THIS LEASE made the 10th day of April 1986
between the Honourable Robert Clive Fordham, Minister for Industry, Technology
and Resources of the State of Victoria (hereinafter called "the Minister") for
and on behalf of Her Majesty Queen Elizabeth II and Her Majesty's Government
of the State of Victoria (hereinafter called "the lessor") of the one part and
Boral Resources (Vic.) Pty. Ltd. a company incorporated under the Companies
Act 1961, whose registered office is situated at 350 La Trobe Street,
Melbourne in the said State (hereinafter called "the lessee") of the other
part. WITNESSETH AS FOLLOWS: 1. In consideration of the rent hereinafter
reserved and the covenants and agreements by the lessee hereinafter contained
the lessor HEREBY DEMISES unto the lessee- (a) all those pieces of and
described in the certificates of title specified in the schedule hereto; (b)
those pieces of land being the land indicated by hatching on the plan in the
schedule hereto and being part of the land containing in certificate of title
Volume 9598 Folio 978- (hereinafter called "the land") TO HOLD the same (with
the liberties mentioned in clause 2 hereto) unto the lessee from the 10th day
of April 1986 for the term of 50 years determinable as hereinafter mentioned
YIELDING AND PAYING yearly the rent of SIXTY THOUSAND DOLLARS ($60 000) which
shall be paid on the 10th day of April in each year of the term of this lease.
2. There are included in the said demise and for the purposes thereof the
liberties following- (a) to enter upon the land and to search for, dig, work
and obtain by excavations and quarryings open to the daylight and not by
underground workings stone and to crush, store, carry away and dispose of
stone from the land for the lessee's benefit; (b) to make and construct any
tramways, machinery, buildings, roads or ways on the land which may be
necessary or convenient for the effectual working, getting, carrying away and
disposing of stone; and (c) generally to do all things which shall be
necessary for working the land as a quarry in accordance with the terms and
conditions of any extractive industry licence (or equivalent licence) that may
be held by the lessee from time to time in respect of the land. 3. The lessee
for itself its successors and assigns to the intent that the obligations may
continue throughout the said term hereby convenants with the lessor that it
shall- (a) pay the reserved rent at the times and in the manner aforesaid; (b)
pay and discharge all existing and future rates, taxes, assessments, fire
insurance premiums and other outgoings in respect of the land; (c) not assign
or underlet or part with possession of the land or any part thereof without
the written consent of the lessor and the provisions of section 144 of the
Property Law Act 1958 are hereby expressly negatived; (d) at all times comply
with all laws applicable in the State of Victoria that in any way affect or
apply to the land or the operations of the lessee thereon; (e) at all times
comply with the terms and conditions of any extractive industry licence or
lease that may be applicable to the operations of the lessee in relation to
the land; (f) make and keep in repair sufficient fences for the protection of
man and beast around the land; (g) permit any authorized employee or agent of
the lessor at all reasonable times to enter upon inspect and examine the land
for the purpose of ascertaining whether the same is in good order condition
and repair and upon receipt of notice in writing from the lessor in respect of
any breach of the lessee's convenants to comply with the notice and execute in
accordance therewith any repairs or other works required to be done; and (h)
at the expiration or other sooner determination of the said term deliver up to
the lessor the land in such state and condition as shall be consistent with
the due exercise of the liberties and performance of the convenants
hereinbefore contained. 4. The lessor hereby convenants with the lessee that
the lessee paying the rent and observing and performing the several covenants
and conditions herein on its part contained shall and may peaceably hold and
enjoy the premises liberties and powers hereby demised and granted during the
said term without any interruption by the lessor or any person rightfully
claiming under or in trust for it. 5. AND IT IS HEREBY AGREED AS FOLLOWS- (a)
if the rent hereby reserved or any part thereof shall be in arrear for thirty
(30) days (whether legally demanded or not) or if the lessee shall commit any
breach of the covenants and conditions hereinbefore contained and on its part
to be observed and performed then and in either case it shall be lawful for
the lessor at any time thereafter to enter upon the land and thereupon this
demise shall absolutely determine but without prejudice to any right of action
of the lessor in respect of any breach of the lessee's covenants herein
contained; (b) that this lease may be determined by the lessor or the lessee
if the lessee, Bayview Ltd. or Dandenong Quarries Pty. Ltd. fail to provide
satisfactory answers to requisitions on title to the lessor in respect of
contracts for the sale of any of the land specified in the certificates of
title referred to in the Schedule hereto dated the 10th day of April 1986
between the lessor and lessee Bayview Ltd. and Dandenong Quarries Pty. Ltd.
respectively and in the event of such determination all moneys paid pursuant
to this lease shall be refunded; (c) the lessee may at the expiration or
sooner determination of the said term or within six (6) months thereafter
remove from the land all tramways machinery and buildings built or erected by
it; (d) if the lessee is placed in liquidation, dissolved or becomes defunct
then it shall be lawful for the lessor at any time thereafter to determine
this lease by giving to the lessee or the liquidator thereof written notice in
that behalf and thereupon this lease shall absolutely determine but without
prejudice to any right of action of the lessor in respect of any breach of the
lessee's covenants herein contained. IN WITNESS WHEREOF the parties have
hereunto executed this lease the day and the year first before written. Signed
sealed and delivered by the said ROBERT CLIVE FORDHAM in the presence of-

ROBERT CLIVE FORDHAM P. BEAN

The Common Seal of BORAL RESOURCES (VIC.) PTY. LTD. was hereunto affixed in
accordance with its Articles of Association in the presence of-

L.S. P. H. CLARKE, Director

D. E. PERKINS, Director





SCHEDULE TO LEASE OF LAND Certificates of Title Volume Folio Volume Folio 8319
872 8701 447 8054 398 8056 650 8194 221 8128 878 8547 483 7130 857 7238 425
8259 334 6449 718 4666 034 5435 949 8343 781 PLAN FOR LEASE OF LAND

_______________ EXTRACTIVE INDUSTRY LEASE THIS LEASE made the 10th day of
April 1986 between the Honourable Robert Clive Fordham, Minister for Industry,
Technology and Resources for the State of Victoria (hereinafter called "the
Minister") of the one part and Boral Resources (Vic.) Pty. Ltd. of 350 La
Trobe Street, Melbourne carrying on operations in the Parish of Narree Worran
in the State of Victoria in the Commonwealth of Australia (hereinafter called
the "lessee") of the other part witnesseth that in consideration of the rents
hereinafter reserved and of the covenants and provisos hereinafter contained
the Minister doth by these presents demise and grant unto the lessee- (a) ALL
that piece of land containing 39×86 hectares in Crown Allotment 58A Parish of
Narree Worran and being the land which is cross hatched on the plan in
Schedule A to this lease; (b) ALL that land containing 72×64 hectares which
lies below 15×24 metres from the surface underneath that land referred to in
Certificate of Title- Volume Folio Volume Folio 8319 872 8547 483 8701 447
7130 857 8054 398 7238 425 8056 650 8259 334 8194 221 6449 718 8128 878

(c) THOSE pieces of land being the land indicated by hatching on the plan in
Schedule B hereto and being part of the land containing in Certificate of
Title Volume 9598 Folio 978- (hereinafter called "the land"). INCLUDING in
such demise and grant during their continuance the right to search work quarry
and process for the lessees own use and benefit the stone on or in the land
demised. TO HOLD the land and premises hereby demised with the appurtenances
(subject nevertheless to such rights interests and authorities as may be
lawfully subsisting therein at the date of these presents) unto the lessee
from the date hereof for the term of fifty years next ensuing for the purpose
of quarrying thereon and therein for stone together with the rights and
liberties hereinbefore expressly granted but for no other purpose YIELDING AND
PAYING therefor unto the Minister during the term the yearly rent of one
thousand five hundred and twenty seven dollars and seventy four cents
($1527.74) by equal half-yearly payments of seven hundred sixty three dollars
eighty seven cents ($763.87) each to be made in advance the first payment to
be made on the day and date hereof and the next payment on the 10th day of
April next and then succeeding payments respectively to be made on the same
days in each succeeding year clear of all rates taxes and assessments to which
the said land and premises are now or at any time during the said term may be
subject or liable. The abovementioned yearly rent is based on a rate of $11.50
per hectare of the land demised. The yearly rent shall be adjusted from time
to time in accordance with alterations to the rate per hectare made pursuant
to amendments to the Extractive Industries Act 1966 or the regulations made
thereunder. THE LESSEE hereby covenants with the Minister that: 1. It shall
during the said term pay unto the Minister clear of all deductions the rent
hereby reserved at the times and in the manner herein before appointed for
payment thereof. 2. It shall throughout the term of the lease pay a royalty on
all stone extracted from the land at the rate fixed from time to time pursuant
to the provisions of the Extractive Industries (Leases, Licences, Permits)
Regulations. 3. It shall pay the said royalty yearly within thirty days after
the first day of January in each year, the payment to be made within the time
of payment named occurring next after any stone has been extracted from the
land. 4. It shall keep proper books of account of all stone extracted from the
land demised and shall furnish to the Minister yearly and not later than the
seventh day of January in each and every year during the continuance of this
lease a return verified by statutory declaration showing the quantity of stone
won from the land. 5. It shall permit the Minister or such person authorized
by the Minister to examine the aforesaid books of account and do all things
necessary to determine what quantity of stone has been extracted from the land
which determination shall be final and binding on both parties. 6. It shall
erect and keep erected during the term posts not less than 0×75 metres high
above the ground and painted white with the number of the lease painted
legibly thereon so as to define the boundary lines and angles of the land
demised and so that each post shall be visible from those nearest to it on
each side. 7. It shall before commencing to sink any shaft or drive any tunnel
on the land demised or to use any shaft or tunnel already sunk or driven
thereon deposit with the Minister such sum as he may fix by way of guarantee
that before any such shaft or tunnel is abandoned it will be securely covered
or otherwise protected to the satisfaction of the Minister or such person
authorized by him. 8. It shall securely cover as aforesaid any such shaft or
tunnel before abandoning the same and if the lessee shall fail so to do the
Minister may cause such covering to be done and the cost thereof shall be paid
out of the sum to be deposited as aforesaid. 9. This lease is subject to the
following terms and conditions and to the special conditions referred to in
clause 16 hereof and to the Extractive Industries Act 1966 and all Regulations
made thereunder in so far as they are not inconsistent with the foregoing
terms and conditions. 10. It shall on or before 31 August in each year supply
to the Minister in respect of the land held under lease the statistics as
required by Regulation 407 of the Extractive Industries General Operation
Regulations for the year ended on the preceding 30 June and shall, if and when
required by the Minister, supply a statement showing: (a) the number and
designation of persons employed, inclusive of office and supervisory staff;
(b) the particulars of contracts (if any) let with any persons to work in upon
or in connexion with all or any of the demised land; and (c) the number of
workmen employed under such contracts. 11. It shall ensure that the quarry is
operated in accordance with the Approved Working Plan and the Approved Working
Proposal. 12. It shall submit annually plans of the quarry and its workings
showing changes since the last previous submission of plans and give details
of working proposals for the ensuring twelve months. 13. It shall during the
said term compensate the occupier or occupiers or lessee or lessees from the
Crown of any adjoining land in respect of any damage which may be sustained by
him or them by the working of the quarry or the carrying on of the works
thereof or by any other works connected therewith such compensation to be
determined by the Minister or other person authorized by him so to do. 14. It
shall at all times during the term keep and preserve the quarry and premises
in good repair and condition and at the end or other sooner determination of
the term will deliver up peaceable possession thereof and of all and singular
the premises hereby demised to the Minister. 15. It shall permit the Minister
or other person authorized by him with all proper assistants at all reasonable
times during the term quietly to enter into and upon every part of the quarry
and to survey and examine the state and condition thereof and for the purposes
aforesaid to descend all excavations and to use all roads ways engines ropes
machinery gear labour and other things in or on the quarry or in or on any
adjacent land held in connexion therewith which shall be deemed necessary by
him without making any compensation for the same so nevertheless that in so
doing no unnecessary interference be caused with the working of the quarry.
16. It shall observe, perform, fulfil and be bound by the special conditions
contained in Schedule B to an Extractive Industry licence between the parties
of even date which shall apply to the land and the parties to this lease with
due alteration of details as if such special conditions had been expressly
contained herein. 17. It shall not use or occupy nor permit to be used or
occupied the said land other than for the purpose of exercising the rights and
liberties hereinbefore expressly granted. 18. It shall not cut any timber on
the lands hereby demised before obtaining a licence permit or authority from
the Minister administering the Forests Act 1958 so to do. 19. It shall not
assign the lease or sublet the land comprised in the lease without the consent
of the Minister first had and obtained. PROVIDED ALWAYS and it is hereby
agreed and declared in manner following: 20. That the Minister or other
officer authorized by the Minister may from time to time by order in writing
direct that such engineering or other works be constructed and erected as in
his opinion may be required for the support of the surface of the said land or
any land adjoining thereto or as a precaution against any contingent damage to
any road or street (if any) included in or hereafter to be formed on the land
hereby demised or immediately adjacent thereto and as shall be specified in
such order and the lessee shall upon receipt of such order forthwith proceed
and with all convenient speed continue until the same shall be completed to
execute at the lessee's cost to the satisfaction of the said Minister or such
officer aforesaid all such work as shall be so specified. 21. And lastly that
if the lessee shall at any time during the said term fail to use the land bona
fide for the purpose for which it has been demised or if and whenever the said
rent shall be in arrear for seven days after the time appointed for payment
thereof whether the same shall have been legally demanded or not or if and
whenever there shall be a breach of or non-compliance with the convenants and
provisos herein contained by the lessee the Minister may forthwith terminate
this lease.





IN WITNESS WHEREOF the parties hereto have executed this lease the day and
year first hereinbefore mentioned. Signed sealed and delivered by the said
ROBERT CLIVE FORDHAM in the presence of- ROBERT CLIVE FORDHAM P. BEAN

The Common Seal of BORAL RESOURCES (VIC.) PTY. LTD. was hereunto affixed in
accordance with its articles of association in the presence of-

L.S. P. H. CLARKE, Director

D. E. PERKINS, Director

SCHEDULE A TO EXTRACTIVE INDUSTRY LEASE

SCHEDULE B TO EXTRACTIVE INDUSTRY LEASE

_______________ EXTRACTIVE INDUSTRY LICENCE I, ROBERT CLIVE FORDHAM Minister
for Industry, Technology and Resources for the State of Victoria (hereinafter
called "the Minister"), hereby grant for a term of fifty years to BORAL
RESOURCES (VIC.) PTY. LTD. of 350 La Trobe Street, Melbourne (hereinafter
called "the licensee") licence and authority to quarry on the land indicated
by hatching and delineated on the plan contained in Schedule "A" hereto and
being the land more particularly described in certificates of title- Volume
Folio Volume Folio 8319 872 7130 857 8701 447 7238 425 8054 398 8259 334 8056
650 6449 718 8194 221 4666 034 8128 878 5435 949 8547 483 8343 781
(hereinafter referred to as "the land") for stone. This licence is subject to
the following terms and conditions and to such other special conditions as are
contained in Schedule "B" hereto and to the provisions of the Extractive
Industries Act 1966 and all Regulations made thereunder in so far as they are
not inconsistent with the aforementioned terms and conditions: 1. The licensee
shall give the Minister or person authorized by him 21 days' notice of his
intention to start quarrying and three months' notice of his intention to
cease quarrying. 2. The licensee shall on or before 31 August in each year
supply to the Minister in respect of the land held under licence the
statistics as required by Regulation 407 of the Extractive Industries General
Operating Regulations 1968 for the year ended on the preceding thirtieth day
of June and shall if and when required by the Minister, supply a statement
showing- (a) the number and designation of persons employed, inclusive of
office and supervisory staff; (b) the particulars of contracts (if any) let
with any persons to work in or upon or in connexion with all or any of the
land; and (c) the number of workmen employed under such contracts.

3. The licensee shall erect and keep erected during the currency of the
licence posts not less than 0×75 metres high above the ground and painted
white with the number of the licence painted legibly thereon so as to define
the boundary lines and angles of the land and so that each post shall be
visible from those nearest to it on each side. 4. The Minister or other person
authorized by him may at all reasonable times during the currency of the
licence enter upon the land and survey and examine the condition thereof. 5.
The licensee shall not assign the licence or sub-licence the land comprised in
the licence without the consent of the Minister first had and obtained. 6. If
the licensee at any time during the said term fails to use the land bona fide
for the purpose of quarrying or if and whenever there is a breach of or
non-compliance with the terms and conditions herein contained, the Minister
may revoke the licence. ROBERT CLIVE FORDHAM Minister for Industry Technology
and Resources Dated the 10th day of April 1986. SCHEDULE A TO EXTRACTIVE
INDUSTRY LICENCE

SCHEDULE B TO EXTRACTIVE INDUSTRY LICENCE SPECIAL CONDITIONS 1. PLANS AND
PROPOSALS 1.1. The licensee shall, subject to the following licence conditions
operate the quarry in accordance with the Approved Working Plan and Approved
Working Proposal of October 1985 consisting of the following documents:-
Working Plan VQ5-2 Locality Plan VQ5-20 Landscape Proposal VQ5-21 Cross
Sections 1-6 VQ5-3 Phase 2. Plant site VQ5-17 Preliminary Development Plan No.
1 of 11 VG5-16 Progressive Development Plans

Phase 1 Stage 1 No. 2 of 11 VQ5-5 Phase 1 Stage 2 No. 3 of 11 VQ5-6 Phase 1
Stage 3 No. 4 of 11 VQ5-7 Phase 1 Stage 4 No. 5 of 11 VQ5-18 Phase 1 Stage 5
No. 6 of 11 VQ5-1-8 Phase 2 Stage 1 No. 7 of 11 VQ5-9 Phase 2 Stage 2 No. 8 of
11 VQ5-10 Phase 2 Stage 3 No. 9 of 11 VQ5-11 Phase 2 Stage 4 No. 10 of 11
VQ5-12 Phase 2 Stage 5 No. 11 of 11 VQ5-13 1.2. The licensee shall develop the
quarry in the order set forth in the Progressive Development Plans. 1.3. No
variations to the Approved Working Plan or Approved Working Proposal by the
licensee shall be permitted without the prior written approval of the
Minister. 1.4. A new Working Plan shall at least once in every twelve months
be submitted by the Licensee to the Minister based on the situation prevailing
in the quarry at the time the plan is submitted and incorporating the
requirements of and compliance with conditions of the licence. A report shall
accompany the plan to qualify any situation that cannot be illustrated.

2. FENCING 2.1. Operating areas are to be enclosed with a 2 metre high chain
mesh fence, topped with 3 strands of barbed wire on cranked post extension,
each strand of wire shall be 200mm apart with the lower strand 200mm from the
barbed selvedge. 2.2. Any new fencing shall be constructed in accordance with
the requirements of and materials specified in AS 1725-1975 Galvanised
Rail-less Security Fences and Gates with the following additions: 2.2.1. The
fence shall not be fitted with a bottom cable. The mesh shall be located at
its lower edge by a bottom rail of 40mm tubing placed so that its lower
surface is not more than 50mm from the ground. 2.2.2. The chain wire shall be
fixed to the bottom rail by ties and not by lacing. 2.2.3. Fence gradients
shall not vary by more than 5 per cent over any 20 metre length. 2.3. Gates of
similar standard to the fence shall be constructed at all points of access and
kept locked when the quarry is not in operation. 2.4. Where gates used for
access are not associated with bitumen sealed roads and the entry points are
not sealed, a concrete apron shall be constructed under the gate such that:
2.4.1. The apron measures 2m in length of which 0×5m shall be outside the gate
and 1×5m inside. 2.4.2. The apron runs the full width of the gate. 2.4.3. The
gap between gate and apron measures not greater than 150mm. 2.5. All fences,
gates and aprons shall be regularly maintained and kept in good repair
throughout the term of the licence to the satisfaction of an Inspector of
Mines and Quarries (hereinafter referred to as an "Inspector"). 3. ROADS 3.1.
All roads within the boundary fence surrounding the licensed area (hereinafter
referred to as "internal roads") are to be properly formed graded and drained
to the satisfaction of an Inspector. 3.2. Where in the opinion of an Inspector
the dust nuisance arising from internal roads cannot be properly controlled by
the use of water sprays/tankers the internal roads shall be surfaced with a
layer of crushed rock or other approved material. This work shall be
undertaken in accordance with any instructions including time limits as may be
issued in writing by an Inspector. 3.3. Adequate measures must be taken to
ensure that mud and clay are not deposited on public roads from the wheels and
undercarriage of vehicles leaving the licensed area. If so directed by an
Inspector a wheel cleaning device shall be constructed and maintained in an
operable condition to the satisfaction of an Inspector in consultation with
the City Engineer, City of Knox (hereinafter called "the City Engineer"). 3.4.
All vehicular traffic leaving the site shall be subject to such traffic
control devices as may be required by an Inspector in consultation with the
City Engineer. 4. PARKING AREAS 4.1. Parking areas are to be provided within
the licensed area for all vehicles used in connection with the operation
including private vehicles used by employees and visitors. The parking areas
are to be properly formed, drained, sealed and maintained to the satisfaction
of an Inspector. 5. PLAN AREAS 5.1. Areas under and around the plant, storage
and stockpile areas which are traversed by road haulage vehicles are to be
properly formed, drained, sealed and maintained to the satisfaction of an
Inspector. 6. SPILLAGE 6.1. Good truck loading techniques are to be employed
so as to ensure extracted material is not spilled from trucks onto public
roads. 7. BUILDINGS 7.1. Prior to the construction and/or installation of any
new plant, or undertaking alterations to existing plant, detailed plans and
specifications are to be submitted for the approval of an inspector appointed
by the Minister a Chief Inspector for the purpose of this licence (hereinafter
called "the Chief Inspector"). The plans and specifications shall include
detailed proposals for the control of noise and dust. Construction work may
not commence without the written authorisation of the Chief Inspector in
consultation with the City Engineer. 7.2. All crushing, screening and
processing plant and associated buildings shall be painted or surface treated
in a colour to blend with the surroundings to the satisfaction of an Inspector
in consultation with the City Engineer.

7.3. So far as is practicable all buildings associated with processing or
materials or plant maintenance including work shops shall be so located and
screened that they are not readily visible from outside the site. Screening
shall include a combination of earth mounts, shrubs and trees. 8. DERELICT AND
REDUNDANT PLANT 8.1. All derelict and redundant plant, vehicles, machinery and
equipment shall be either: 8.1.1. Removed from the site. 8.1.2. Properly
stored/stockpiled on the site in a location and manner approved by an
Inspector. 9. EXTRACTION LIMITS 9.1. Squared wooden posts 80 mm x 80 mm and
painted yellow are to be erected and maintained to stand not less than 0×75
metres in height at intervals of not more than 30 metres on the final approved
limits of each stage of extraction as shown on the Progressive Development
Plans. 9.2. No Extraction Stage shall commence before the pegs have been
placed to the satisfaction of an Inspector. 9.3. No extraction shall take
place outside the approved limits. 10. BUFFER ZONES AND VISUAL SCREENING 10.1.
Existing vegetation in the buffer zones specified in the Approved Working Plan
shall be preserved and maintained. Where directed in writing by an Inspector
existing vegetation shall be supplemented by additional planting to provide a
screen for extractive operations. In issuing directives under this condition
the Inspector shall consult with the City Engineer regarding siting of tree
screens, species distribution and planting schedules. Species planted shall be
selected from the list forming part of Condition 19.6 of this Schedule. 10.2.
Shrubs and trees planted in accordance with Condition 10.1 of this Schedule
shall be maintained in accordance with the requirements of Condition 19.6.
10.3. Before planting the area should be ripped to a minimum depth of one
metre during late summer and generally along the contour. 11. SOIL RETENTION
11.1. All soil including leaf litter and grasses to a depth of 200 mm from
natural surface is to be retained for reclamation purposes.

11.2. Any soil not immediately used for reclamation of the licensed areas to
be stored in neat and tidy dumps not exceeding 3 metres in height. The side
slopes of the dumps are to be constructed such that when planted with grasses
they can be maintained with mechanical equipment. Soil dumps are to be
protected from erosion by provision of adequate drainage and by planting with
grasses in accordance with the following Schedule: Wimmera rye grass 4kg/Ha
Perennial rye grass 10kg/Ha Creeping bent 2kg/Ha Suckling cluster clover
mixture 6kg/Ha Marra sub clover 2kg/Ha 11.3. The seed shall be broadcast over
the bunds together with appropriate fertilizer. The pasture vegetation shall
be regularly watered and maintained and regularly mowed after the initial
twelve months generation period. 11.4. Any soil dump shall not remain longer
than six months without sowing and all pasture mixtures shall be sown during
the Autumn or Spring months. 12. OVERBURDEN DUMPS 12.1. All overburden and
waste material retained on site and not immediately used for reclamation shall
be stored in dumps designed as far as practicable to blend with the natural
topography of the land, and kept separate from the dumps created under
Condition 11.2 of this Schedule. 12.2. The dumps created under this Condition
shall be located and constructed as approved or directed in writing by the
Chief Inspector in consultation with the City Engineer. 12.3. All overburden
dumps are to be graded, provided with adequate drainage, covered with the
minimum of 100 mm of soil, planted with grasses and maintained in accordance
with Condition 11.2 of this Schedule. 13. DRAINAGE 13.1. Any water discharged
from the licensed area must be free of pollutants which may result from
extractive and allied operations. Settling dams and such other measures as an
Inspector may direct shall be utilised to ensure that any water discharged
meets relevant Environment Protection Authority requirements. 13.2. Dams and
drainage courses shall be regularly cleared of sludge which shall be disposed
of in such a manner that it does not pollute any drains or water courses.
13.3. All water shall be discharged at points specified and approved by an
Inspector in consultation with the City Engineer. No water shall be discharged
into National Park land to the south of the licensed area. 14. OPERATING HOURS
14.1. Unless otherwise authorised in writing by an Inspector in consultation
with the City Engineer no operations except for essential plant maintenance
shall take place outside the hours of 6.00 a.m. to 6.00 p.m. Monday to
Saturday inclusive or on a Sunday or Public Holiday. 14.2. In authorising any
work to be undertaken outside the hours stipulated by Condition 14.1 of this
Schedule the Inspector and the City Engineer shall be satisfied that the
licensee is able to undertake operations within the limits of noise levels
permitted by the State Environmental Protection Policy N-1, or such other
policies which may be in force from time to time. 14.3. All lighting at the
quarry is to be properly screened against the direct projection of light
outside the licence boundary to the satisfaction of an Inspector. 15. DUST
15.1. Dust resulting from crushing and screening operations is to be
suppressed by the use of fixed water sprays of approved design positions to
spray plant feed prior to entry into the primary and secondary crushers, at
all points where material changes direction as the result of belt transfer,
and at any other location as directed by an Inspector. Spray systems are to be
maintained in operable condition at all times and used when the plant is in
operation to the satisfaction of an Inspector. 15.2. Notwithstanding the
provisions of Condition 15.1 of this Schedule all screens incorporated in the
crushing and screening plant with the exception of scalping screens and
grizzlies shall be totally enclosed and the buildings equipped with dust
suppression equipment as directed or approved by the Chief Inspector. 15.3.
Product stockpiles are to be placed in locations as approved or directed by an
Inspector. Dust from product stockpiles is to be suppressed by the use of
fixed sprinkler systems located to ensure complete coverage of the stockpile
area. Sprinkler systems are to be installed, maintained in operable condition
and used to suppress dust to the satisfaction of an Inspector. 15.4. A water
tank of minimum capacity 20 000 litres shall be maintained on site in operable
condition for the purpose of suppressing dust on roads and the watering of
tree plantations where not serviced by a reticulation system in accordance
with the requirements of Condition 19.8 of this Schedule. A backup vehicle is
to be hired or otherwise made available in the event of breakdown. 15.5. All
drill rigs shall be fitted with dust collection and or suppression equipment
of a design approved by an Inspector. 15.6. Alternative methods for the
control of dust may be utilised only as approved in writing by the Chief
Inspector. 16. NOISE 16.1. All engine powered equipment shall be fitted with
mufflers and spark arrestors which shall be so maintained as to be fully
effective at all times. 16.2. Noise levels emanating from quarrying operations
shall not exceed the levels permitted under State Environmental Protection
Policy N-1, dated February 1981. 16.3. Within sixty days of being so directed
by the Chief Inspector the licensee shall submit a report prepared by an
approved person, qualified in the field of noise suppression, detailing in
respect of any item of machinery or equipment, whether fixed or mobile.
16.3.1. Methods currently in use for the suppression of noise associated with
the operation and the effectiveness or otherwise of each method. 16.3.2. Any
corrective measures recommended to reduce noise to levels permissible under
Condition 16.2 of this Schedule. 16.4. Corrective measures recommended under
condition 16.3 and or any other works for the control of noise pollution shall
be implemented as directed or approved by the Chief Inspector. 17. EXPLOSIVES
17.1. Unless otherwise authorised or directed by an Inspector firing times are
restricted to the hours of 10.00 a.m. to 4.00 p.m. Monday to Friday inclusive.
No blasting is permitted on Saturdays, Sundays or Public Holidays. 17.2.
Explosives are not to be used for secondary blasting without the prior written
approval of an Inspector. In authorising approval for secondary blasting under
this condition an Inspector shall be satisfied that operations can be
conducted in such a manner that noise levels from blasting do not exceed those
prescribed by the Extractive Industries General Operating Regulations or the
Conditions of this licence.

18. EXTRACTION 18.1. Except for erection of plant and provision of stockpile
areas and access roads, no trees or vegetation (apart from noxious weed,
parasite or disease affected material) outside the final limit of the
excavation shall be removed or disturbed. 18.2. Soil and overburden shall be
removed and used for reclamation or stored in accordance with the provisions
of Conditions 11 and 12 of this Schedule. 18.3. Unless otherwise directed or
approved, in writing, by the Chief Inspector in consultation with the City
Engineer, the general method of extraction of the basin areas (i.e. the area
above RL 135 m) shall be by: 18.3.1. Benching to establish an overall slope of
no steeper than 1 Vertical to 2×75 Horizontal. 18.3.2. Battering facts to a
minimum slope of 75 degrees from the horizontal plane. 18.3.3. Establishing
face heights of 15 m and bench widths of 30 m. 18.3.4. Maintaining all benches
in a self draining and tidy condition. 18.4. Unless otherwise directed or
approved in writing by the Chief Inspector in consultation with the City
Engineer the general method of extraction of the lake area (i.e. the area
below R.L. 135 m) shall be by: 18.4.1. Conventional benching methods with a
maximum face height of 15 m and a minimum bench width of 10 m. 18.4.2.
Battering all faces to a maximum slope of 75 degrees from the horizontal plan.
18.4.3. Establishing the faces between R.L. 105 m and R.L. 120 m and between
R.L. 120 m and R.L. 135 m by pre-splitting methods. Burdened shot holes shall
not be sited closer than one metre from the pre-split line. 18.5. The beach
area (i.e. the bench at R.L. 135 m) shall be excavated: 18.5.1. With an
overall slope not exceeding 1 Vertical to 4 Horizontal. 18.5.2. To a minimum
width of 40 m. 18.6. Extraction shall not take place below R.L. 120 m in the
western area of R.L. 15 m in the eastern area.

19. RECLAMATION 19.1. Progressive reclamation is to be undertaken by the
Licensee in accordance with Approved Working Plan and Proposal and the
conditions of this licence. 19.2. Reclamation is to proceed within twelve
months and be completed within two years of the establishment of terminal
faces unless otherwise authorised or directed by the Chief Inspector in
consultation with the City Engineer. 19.3. Reclamation of Phase 1 operations
is to be completed within two years of commencement of Phase 2 operations.
19.4. Reclamation of Basin Areas (i.e. area above R.L. 135 m) shall be by:
19.4.1. Battering or filling to establish the profile shown on Plan VQ5-21.
19.4.2. Prior to filling operations rock surfaces are to be ripped to a depth
of 1 metre or where this is not practicable shattered by light blasting on a 3
m x 3 m pattern to a depth of 1×3 metres. 19.4.3. Placing any fill material in
accordance with design and methods (including establishment of drainage
patterns) approved or directed in writing by the Chief Inspector in
consultation with the City Engineer. 19.4.4. Placement of soil and mulch and
the establishment of tree and shrub plantations in accordance with the
requirements of Condition 19.6. 19.5. Reclamation of the Beach Area (i.e. the
bench at R.L. 135 m) shall be by: 19.5.1. Designing the beach area so that the
mean water level coincides with the midpoint of the beach slope. 19.5.2.
Ripping or fracturing the rock in accordance with the provisions of condition
19.4. 19.5.3. Covering the beach area with not less than 600 mm of clean dune
sand. 19.6. Planting of reclaimed areas is to be effected by: 19.6.1. Covering
the area with not less than one metre of finely divided overburden to serve as
subsoil. 19.6.2. Top dressing with not less than 150 mm of soil. 19.6.3.
Planting with trees and shrubs in accordance with the following schedules and
densities but avoiding regular grid patterns of planting. 19.6.4. A minimum of
250 long-lived species including the following shall be planted per hectare:
Acacia melanoxylon Casuarina stricta Eucalyptus baxteri Eucalyptus obliqua
Eucalyptus radiata Eucalyptus viminalis Eucalyptus cephalocarpa Eucalyptus
melliodora Eucalyptus muellerana Eucalyptus ovata 19.6.5. In addition to
long-lived species a minimum of 200 trees and shrubs including the following
species shall be planted per hectare: Acacia floribunda Acacia longifolia
Acacia mearnsii Acacia saligna Acacia iteaphylla Melaleuca armillaris
Melaleuca lanceolata Melaleuca squarrosa Pittosporum undulatum Callistemon
citrinus Leptospermum phylicoides Acacia dealbata Casuarina littoralis
Melaleuca ericifolia 19.6.6. On completion of planting the area is to be
mulched and maintained during quarrying operations and for a period of twelve
months after final reclamation is completed, including replanting where the
required plantation density falls below that specified due to disease or other
causes. 19.7. Species distributed lists may be reviewed by Minister from time
to time. 19.8. A reticulated watering system shall be provided on all
plantation areas for a minimum period of two summer seasons from the date of
planting. 19.9. On completion of final extraction: 19.9.1. All plant,
vehicles, buildings, machinery and equipment shall be disposed of away from or
within the licensed area in a manner and location approved by an Inspector.
19.9.2. All roads and plant area used in the quarrying operation shall be deep
ripped, graded and reclaimed in accordance with the provisions of Conditions
19.4 and 19.6. 19.9.3. Any excavated material that cannot be sold commercially
or used for reclamation shall be placed in neat and tidy dumps so shaped as to
conform with the surrounding landscape and reclaimed in accordance with the
provisions of conditions 19.4 and 19.6. 19.10. Costs of reclamation work as
specified in the Approved Working Plan and Proposal and by the conditions of
this licence shall be met from moneys held in the Lysterfield Reclamation Levy
Fund. Should the licensee fail to carry out reclamation work as provided for
in these conditions the Minister may call tenders to carry out such work and
the cost thereof shall be met from moneys held in that fund. 19.11. For the
purposes of these Reclamation conditions payments for reclamation work shall
include: 19.11.1. the cost of removal of soil and overburden from areas being
prepared for extraction directly to areas being reclaimed or alternatively the
cost of moving soil and overburden from dumps established under conditions 11
and 12 to areas being reclaimed and the placement of the overburden and soil
on the reclamation sites in accordance with Condition 19 of this licence.
19.11.2. All planting and maintenance of plantations as required by condition
19 of this licence. 19.11.3. Any other reclamation works specified under
condition 19 of this licence or as approved or directed in writing by the
Chief Inspector in consultation with the City Engineer. 19.12. Where
reclamation works as specified under the conditions of this licence are
required to be undertaken by or for the licensee the Minister shall be advised
in writing not less than twenty-eight days prior to the intended commencement
date of operations. The notice shall include details of the works required
together with a cost estimate. 19.13. No works shall commence on which claims
may be made on the State of Victoria without the prior written authorisation
of the Minister. 19.14. In the event of disputation in the matter of
reclamation costs the decision of the Minister shall be final. ---------------