Evaporites (Lake MacLeod) Agreement Act 1967 (WA)

Western Australia Evaporites (Lake MacLeod) Agreement Act 1967 Western Australia Evaporites (Lake MacLeod) Agreement Act 1967 Contents 1. Short title 1 2. Interpretation 1 3. Approval of Agreement 1 3A. Ratification of Variation Agreement 2 3B. Ratification of Second Variation Agreement 2 4. Provisions of certain Acts not to apply 2 5. By‑laws 2 First Schedule — Evaporites (Lake MacLeod) Agreement Second Schedule — Variation Agreement Third Schedule — Second Variation Agreement Notes Compilation table 58 Defined terms Western Australia Evaporites (Lake MacLeod) Agreement Act 1967 An Act to approve, and give effect, to an agreement between the State of Western Australia and Texada Mines Pty. Limited relating to the production of evaporites at or near Lake MacLeod. 1. Short title This Act may be cited as the Evaporites (Lake MacLeod) Agreement Act 1967 1. 2. Interpretation In this Act — the Agreement means the agreement of which a copy is set out in the First Schedule and, if that agreement is varied in accordance with its provisions, or as ratified by Parliament, includes the agreement as so varied; the Company has the same meaning as it has in the Agreement; the Variation Agreement means the agreement of which a copy is set out in the Second Schedule; the Second Variation Agreement means the agreement of which a copy is set out in the Third Schedule. [Section 2 amended: No. 29 of 1973 s. 2; No. 5 of 1979 s. 2.] 3. Approval of Agreement (1) The Agreement is approved. (2) Notwithstanding any other Act of the State, the State has, and any Ministers of the State therein mentioned or referred to have, all the powers, discretions and authorities necessary or requisite to enable it or them to discharge the undertakings given by the State in the Agreement, in a manner wholly consistent with the terms of the Agreement; and anything done in the exercise of those powers, discretions or authorities shall be lawful, notwithstanding the provisions of any other Act. 3A. Ratification of Variation Agreement The Variation Agreement is ratified. [Section 3A inserted: No. 29 of 1973 s. 3.] 3B. Ratification of Second Variation Agreement The Second Variation Agreement is ratified. [Section 3B inserted: No. 5 of 1979 s. 3.] 4. Provisions of certain Acts not to apply (1) Section 96 of the Public Works Act 1902 does not apply to any railway constructed by the Company pursuant to the Agreement. (2) The provisions of section 277(5) of the Mining Act 1904 2 do not apply to any renewal of the rights of occupancy granted pursuant to paragraph (a) of clause 2 of the Agreement. 5. By‑laws The Governor may, on the recommendation of the Company, make, alter and repeal by‑laws in accordance with, and for the purposes of, the Agreement, and the by‑laws — (a) shall be published in the Gazette; (b) shall take effect and have the force of law from the date they are so published, or from a later date fixed by the order making the by‑laws; (c) may describe penalties not exceeding $100 for a breach of any of the by‑laws; and (d) are not subject to section 36 of the Interpretation Act 1918 3, but shall be laid before each House of Parliament within the 6 sitting days of such House next following the publication of the by‑laws in the Gazette. First Schedule — Evaporites (Lake MacLeod) Agreement [s. 2] [Heading inserted: No. 29 of 1973 s. 4; amended: No. 19 of 2010 s. 4.] AN AGREEMENT under seal made the 16th day of February One thousand nine hundred and sixty‑seven BETWEEN THE HONOURABLE CHARLES WALTER MICHAEL COURT O.B.E. M.L.A. Acting Premier and Minister for Industrial Development of the State of Western Australia acting for and on behalf of the said State and its instrumentalities (the State of Western Australia and its instrumentalities being hereinafter referred to as "the State") of the one part AND TEXADA MINES PTY. LIMITED a company incorporated under the Companies Act 1961, of the State of Western Australia and having its registered office at 97 Saint George's Terrace Perth in the State of Western Australia (hereinafter referred to as "the Company" which term shall include the successors and assigns of the Company including where the context so admits the assignees and appointees of the Company under clause 14 hereof) of the other part. WHEREAS the parties hereto enter into this Agreement with the object of establishing and carrying on in the vicinity of Carnarvon works for the mining of potash and other evaporites and such other allied mining and ancillary industries as may conveniently be carried on in conjunction therewith and such other industries as may be approved by the Minister and doing all acts matters and things to attain and to facilitate the abovementioned objects. NOW THIS AGREEMENT WITNESSETH and the parties hereto COVENANT AND AGREE with one another as follows: — Definitions 4 1. In this Agreement subject to the context — "associated company" means — (a) any company notified in writing by the Company to the Minister and which is incorporated in the United Kingdom the United States of America or any State or Territory of the Commonwealth of Australia and which: (i) is a subsidiary of the Company within the meaning of the term "subsidiary" in section 6 of the Companies Act 1961; (ii) holds directly or indirectly not less than twenty per centum (20%) of the issued ordinary share capital of the Company; (iii) is promoted by the Company or by any company that holds directly or indirectly not less than twenty per centum (20%) of the issued ordinary share capital of the Company for all or any of the purposes of this Agreement and in which the Company or such other company holds not less than twenty percentum (20%) of the issued ordinary share capital; or (iv) is related within the meaning of that term in the aforesaid section to the Company or to any company in which twenty per centum (20%) of the issued ordinary share capital; and (b) any company approved in writing by the Minister for the purposes of this Agreement which is associated directly or indirectly with the Company in its business or operations hereunder; "commencement date" means the date referred to as the commencement date in clause 7(3) hereof; "common salt" means the evaporite sodium chloride; "Commonwealth" means the Commonwealth of Australia and includes the Government for the time being thereof; "evaporites" means minerals chemicals elements salts and substances which are or have been deposited from aqueous solutions as a result of extensive or total evaporation of the solvent or changes in temperature of the solvent and includes all products derived from the evaporation of sea water sea water concentrates or brine including but not limited to the chlorides sulphates carbonates bromides and iodides of any of sodium potassium magnesium lithium and boron and any double or complex salts that can be obtained therefrom and any substances that develop through metamorphism of other evaporites and any elements gases or organic substances contained in evaporite salts; "f.o.b. revenue" means the price for evaporites from the mineral lease held by the Company in the said State the subject of any shipment or sale and payable by the purchaser or purchasers thereof to the Company or an associated company less any export duties export taxes and export fees payable to the Commonwealth on export of the evaporites and all costs and charges properly incurred and payable by the Company from the time the evaporites are shipped to the time the same are delivered and accepted by the purchaser or purchasers including — (a) freight; (b) insurance; (c) port and handling charges at the port or place of discharge; (d) costs of delivery from the port or place of discharge to the purchaser and evidenced by relevant invoices; (e) all weighing sampling assaying inspection and representation costs; (f) all shipping and forwarding agency charges after shipment; and (g) all import taxes by the country of the port of discharge; "Land Act" means the Land Act 1933; "lease" includes a special lease; "mineral lease" means any lease under the Mining Act referred to in clause 8(1)(a) hereof and includes any renewal thereof; "Mining Act" means the Mining Act 1904; "mining areas" means — (1) an area the boundaries of which shall be agreed by the Minister for Mines and the Company and which shall enclose an area not exceeding 550,000 acres within the boundaries of Temporary Reserve 3491H which latter area shall be defined by the Company prior to the commencement date; and (2) if either the stockpile area or the wharf is beyond the boundaries of the aforesaid area defined by the Company pursuant to paragraph (1) above then in the location as agreed or determined hereunder — (a) the stockpile area, and (b) a corridor area of four chains in width or such additional width as may reasonably be required connecting the area defined by the Company pursuant to paragraph (1) above and the stockpile area and/or the wharf; "Minister" means the Minister of the Crown to whose administration the ratifying Act is for the time being committed of if there is no such committal the Minister for Industrial Development; "month" means calendar month; "notice" means notice in writing; "person" or "persons" includes bodies corporate; "potash" means the evaporites potassium chloride and/or potassium sulphate; "quarter" means each of the periods of three months expiring respectively on the last day of March June September and December; "ratifying Act" means the Act referred to in subclause (b) of clause 2 hereof; "shipped" includes removal from the work sites by ship or any other means; "special lease" means a special lease or licence to be granted in accordance with the terms of this Agreement under the ratifying Act the Land Act or the Jetties Act 1926, and includes any renewal thereof; "stockpile area" means such part of the mining areas having an area of not less than thirty acres adjoining the wharf as hereinafter defined and shall be located at such place and have such area and configuration as defined by the Company and approved by the Minister and may be located either inside or outside of Temporary Reserve 3491 H; "this Agreement" "hereof" and "hereunder" include this Agreement as from time to time added to varied or amended; "ton" means a ton of two thousand two hundred and forty (2240) lbs. net dry weight; "wharf" includes jetty and means the existing wharf at the port of Carnarvon as the same may be reconstructed or such other wharf which may be constructed by the Company at such other site as may be agreed by the Minister and the Company; "work sites" includes the mining areas and the land comprised in or the subject of any lease license or easement granted or given hereunder other than any grant or lease under clause 10(a) hereof; reference in this Agreement to an Act shall include the amendments to such Act for the time being in force and also any Act passed in substitution therefor or in lieu thereof and the regulations for the time being in force thereunder; marginal notes shall not affect the interpretation or the construction of this Agreement 4. It is contemplated that this Agreement will operate in two phases namely: — (a) Phase 1 — the period from the execution hereof by the parties hereto until the commencement date; and (b) Phase 2 — the period thereafter. Obligations of the State during Phase 1 4 2. The State shall — (a) upon application by the Company at any time prior to the 16th day of June, 1967, (and surrender of the then existing rights of occupancy already granted in respect of Temporary Reserve 3491 H) cause to be granted to the Company rights of occupancy for the purposes of this Agreement (including the sole right to search and prospect for evaporites and make prototype constructions) over the whole of the area comprised in Temporary Reserve 3491 H under section 276 of the Mining Act at the same fee as the last current renewal of said Temporary Reserve 3491 H and shall then and thereafter subject to the continuance of this Agreement cause to be granted to the Company successive renewals of the last‑mentioned rights of occupancy as the Company requires (each renewal for a period of twelve (12) months at the same fee and on the same terms) the last of which renewals notwithstanding its currency shall expire — (i) on the date of granting the mineral lease after application by the Company under clause 8(1)(a) hereof; (ii) on the determination of this Agreement pursuant to its terms; or (iii) on the day of the receipt by the State of a notice from the Company to the effect that the Company abandons and cancels this Agreement, whichever shall first happen; (b) introduce and sponsor a Bill in the Parliament of Western Australia to ratify this Agreement and endeavour to secure its passage prior to the 31st day of December, 1967, and such Bill shall provide that notwithstanding the provisions of any other Act the State and any Ministers of the State herein mentioned or referred to shall have all the powers discretions and authorities necessary or requisite to enable them to discharge the undertakings given by them respectively in this Agreement and in a manner wholly consistent with the terms of this Agreement and that anything done in the exercise of such powers discretions or authorities shall be lawful notwithstanding the provisions of any other Act; (c) to the extent reasonably necessary for the purposes of clauses 4 and 5 hereof allow the Company to enter upon Crown Lands (including land the subject of a pastoral lease) and survey possible work sites (both in or near proposed wharf sites and on or near the areas comprised in Temporary Reserve 3491 H) processing and other areas required for the purposes of this Agreement and engage in prototype constructions and production having all of the rights as are set forth for the Company during Phase 2 as are reasonably necessary for such prototype constructions and production; (d) notify the Company not later than 31st December, 1967, or such other date as mutually agreed if the State desires the wharf to be utilised not only by the Company but also be available for the inward and outward shipment of cargo for third persons and in case of such notification the State shall within two (2) months agree with the Company on design criteria for the wharf terms and conditions of user and the respective financial participation of the State and the Company in the cost of constructing and maintaining the wharf and failing agreement within such two (2) months the matter shall be determined by arbitration in the manner set forth for proposals under clause 6 hereof; and (e) at the request and cost of the Company co‑operate with the Company in the discharge of its obligations under clause 4 hereof. Ratification and operation 4 3. (1) If the Bill to ratify this Agreement is not passed before the thirty‑first of December, 1967, or such later date if any as the parties hereto may mutually agree upon (as the case may be) this Agreement will then cease and determine and neither of the parties hereto will have any claim against the other of them with respect to any matter or thing arising out of done performed or omitted to be done or performed under this Agreement except as hereinafter provided in paragraphs (r) and (s) of clause 10 hereof. (2) If the Bill to ratify this Agreement is passed as an Act before the date or later date if any referred to in subclause (1) of this clause the following provisions of this clause shall notwithstanding the provisions of any Act or law thereupon operate and take effect namely — (a) the provisions of this Agreement shall take effect as though the same had been brought into force and had been enacted by the Ratifying Act; (b) no future Act of the said State will operate to increase the Company's liabilities or obligations hereunder with respect to rents or royalties; and (c) the State may be agreement acquire or compulsorily take or resume as for a public work within the meaning of the Public Works Act 1902, any land or any estate or interest in land which in the opinion of the Minister is reasonably required for the objects of this Agreement and may thereafter dispose of or deal with the same in accordance with or for the purposes of this Agreement apart from the provisions of that Act or any other Act AND when any land is to be so compulsorily taken or resumed under the powers conferred by this paragraph the provisions of subsections (2) to (7) inclusive of section 17 and section 17A of the Public Works Act 1902, shall not apply to or in respect of the land or to the taking thereof or in any other manner whatsoever. Obligations of Company during Phase 1 4 4. (1) The Company at an estimated total cost as from the 17th June, 1965, of three hundred thousand dollars ($300,000) shall with all reasonable diligence continue to do or shall carry out and by the 30th June, 1969, or such later date as provided for in clause 5(2) hereof (or such extended date if any as the Minister and the Minister for Mines may approve) shall complete the matters hereinafter in this subclause mentioned and everything necessary to enable it to finalise and to submit to the Minister the detailed proposals and other matters referred to in clause 5(1)(a) hereof. The matters first referred to in this subclause are — (a) a thorough geological and (as necessary) geophysical investigation and proving of the evaporite deposits in the area comprised in Temporary Reserve 3491H and the testing and sampling of such deposits; (b) a general reconnaissance of the various sites of proposed operations pursuant to the Agreement; (c) an engineering investigation of the route for a road from the beneficiation plant in the mining areas to the stockpile area and the wharf; (d) in the event of the Company deciding to construct a new wharf an engineering investigation of a site for the wharf and design criteria for the wharf and in the event of the Company deciding to utilise the existing wharf at Carnarvon an engineering investigation and design criteria for such additions and modifications to the existing structure as are thought desirable and in either case having regard not only to the use of the wharf by the Company but also to the possible development and use of the wharf by persons other than the Company; (e) an investigation of suitable water supplies for the proposed mining areas; (f) the planning of a suitable stockpile area in consultation with the State; (g) metallurgical and market research; and (h) prototype construction and production as deemed suitable by the Company. (2) The Company shall keep the Minister fully informed at least quarterly after the execution hereof as to the progress and results of the Company's operations under subclause (1) of this clause. (3) If the State concurrently carries out its own investigations and reconnaissances in regard to all or any of the matters mentioned in subclause (1) of this clause or in regard to any alternative wharf or wharf site the Company shall co‑operate with the State therein and so far as reasonably practicable will consult with the representatives or officers of the State and make full disclosures and expressions of opinion regarding matters referred to in this subclause. (4) The Company will employ and retain expert consultant engineers to investigate report upon and me recommendations in regard to the design of the wharf (including areas for installations stockpiling and other purposes) reasonably required by the Company under this Agreement and in such matters the Company will require the consultant engineers to have full regard for the possible development of the wharf and land adjacent thereto and the dredged approaches thereto with a view to possible use by others of such approaches and land and the Company will furnish to the State copies of such report and recommendations. When submitting to the Minister detailed proposals as referred to in clause 5(1)(a) hereof in regard to the matters mentioned in this subclause the Company will so far as reasonably practicable ensure that the detailed proposals — (a) do not materially depart from the report and recommendations of the consultant engineers; (b) provide for the best overall development of the wharf dredged approaches thereto and the land adjacent thereto; and (c) disclose any conditions of user and where alternative proposals are submitted the Company's preferences in regard thereto. Company to submit proposals 4 5. (1) By the 30th day of June, 1969, or such later date determined in accordance with subclause (2) of this clause (or such extended date if any as the Minister and the Minister for Mines may approve) the Company will submit to the Minister — (a) to the fullest extent reasonably practicable detailed proposals (including plans where practicable and specifications where reasonably required by the Minister) and including the location area lay‑out design general dimension number materials and time programme for the commencement and completion of construction or the provision (as the case may be) for each of the following matters namely — (i) the plant for the mining extraction and loading of potash referred to in clause 9(1)(a); (ii) the wharf and adjacent work site areas including any proposed corridor to the stockpile area and wharf; (iii) the berth or berths at the wharf and dredged channel or channels and turning basin and deposit of spoil therefrom and other facilities and services for shipping all of which shall be such as to permit the use of the wharf by vessels suitable for the Company's purposes; (iv) the road between the beneficiation plant areas in the mining areas and the stockpile area and the wharf and its proposed use including fencing (if any) crossing places and warning and safety devices to be employed at crossing places; (v) housing and facilities in relation thereto; (vi) water and brine supply; (vii) other roads (including details of roads in respect of which it is not intended that the provisions of clause 9(2)(b) shall operate) with particulars of warning and safety devices to be employed at crossing places; and (viii) any other works services or facilities proposed or desired by the Company; and (b) satisfactory evidence of the availability of finance necessary for the fulfilment of the Company's proposals hereunder relating to Phase 2 of this Agreement. (2) The parties recognise that abnormal weather conditions including dust cyclones and rain may impede the carrying out of the obligations of the Company during Phase 1 and accordingly there shall be substituted for the date of 30th June, 1969, wherever it occurs in this Agreement such later date as is determined by adding to 30th June, 1969, the number of days in which operations of the Company were interrupted or impeded by abnormal weather the number of such days to be as mutually agreed by the parties or failing agreement as determined by the Commissioner of Main Roads. (3) The Company shall have the right to submit to the Minister its detailed proposals aforesaid in regard to a matter or matters the subject of any of the subparagraphs numbered (i) to (viii) inclusive of paragraph (a) of subclause (1) of this clause as and when the detailed proposals become finalised by the Company PROVIDED THAT where any such matter is the subject of a subparagraph which refers to more than one subject matter the detailed proposals will relate to and cover each of the matters mentioned in the subparagraph PROVIDED FURTHER that the first detailed proposals submitted to the Minister relate to and cover the matters mentioned in subparagraph (ii) of the said paragraph (a) of the said subclause (1). (4) If the Company should in writing and within the time later in this subclause mentioned request the Minister and the Minister for Mines to grant an extension or any further extension of time beyond the 30th day of June, 1969, (or such later date if any provided in subclause (2) or previously granted or approved by the Minister) within which to obtain the necessary finance and then demonstrates to the satisfaction of the Minister and the Minister for Mines that the Company has duly complied with its other obligations hereunder and has genuinely and actively but unsuccessfully endeavoured to obtain finance on a reasonable basis and reasonably requires an additional period for the purpose of obtaining finance the Minister and the Minister for Mines will grant such extension as is warranted in the circumstances as follows — (a) for up to six (6) months on request made within one month of the 30th day of June, 1969, or such later date if any provided in subclause (2); (b) if an extension is granted under paragraph (a) of this subclause then further for up to three (3) years on request made within one month of the expiration of the period of extension granted under the said paragraph (a); (c) if an extension is granted under paragraph (b) of this subclause then further for up to two (2) years on request made within one month of the expiration of the period of extension granted under the said paragraph (b) unless the Minister and the Minister for Mines show to the Company satisfactory evidence that some third party is able and willing if made the lessee of the mining areas or some major part of the area comprised in Temporary Reserve 3491 H on terms from the State not more favourable on the whole (having regard inter alia to initial expenditure) to that party than those applicable to the Company hereunder to produce the same amount of potash as the Company hereby undertakes to produce within the same limitations and requirements as to time and capital expenditure; subject always and in every case to the condition that the Company duly complies (or complies to the satisfaction of the Minister) with its other obligations hereunder including its obligation to submit proposals in accordance with clause 5(1)(a) hereof. Consideration of proposals under clause 5 4 6. Within two (2) months after receipt of the detailed proposals of the Company in regard to any of the matters mentioned in clause 5(1)(a) hereof the Minister shall give to the Company notice either of his approval of the proposals or of alterations desired thereto and in the latter case shall afford to the Company opportunity to consult with and to submit new proposals to the Minister. The Minister may make such reasonable alterations to or impose such reasonable conditions on the proposals or new proposals (as the case may be) as he shall think fit having regard to the circumstances including the overall development and use by others as well as the Company of the wharf land adjacent and seaward approaches thereto but the Minister shall in any notice to the Company disclose his reasons for any such alteration or condition. Within two (2) months of the receipt of the notice the Company may elect by notice to the State to refer to arbitration and within two (2) months thereafter shall refer to arbitration as hereinafter provided any dispute as to the reasonableness of any such alteration or condition. If by the award on arbitration the dispute is decided against the Company then unless the Company within three (3) months after delivery of the award satisfies and obtains the approval of the Minister as to the matter or matters the subject of the arbitration this Agreement shall on the expiration of that period of three (3) months cease and determine (save as provided in paragraphs (r) and (s) of clause 10 hereof) but if the question is decided in favour of the Company the decision will take effect as a notice by the Minister that he is so satisfied with and approves the matter or matters the subject of the arbitration. Extension of time 4 7. (1) The arbitrator arbitrators or umpire (as the case may be) on any submission to arbitration hereunder is or are hereby empowered upon application by either party hereto to grant any interim extension of time or date referred to herein which having regard to the circumstances may reasonably be required in order to preserve the rights of either or both parties hereunder and an award in favour of the Company may in the name of the Minister and the Minister for Mines grant any further extension of time for that purpose. (2) Notwithstanding that under clause 6 hereof any detailed proposals of the Company are approved by the State or the Minister or determined by arbitration unless each and every such proposal required by clause 5(1)(a) is so approved or determined by the 30th day of June, 1970, or by such later or extended date if any as the Company shall be entitled to or shall be granted pursuant to the provisions hereof then at any time after the said 30th day of June, 1970, or an such later or extended date as aforesaid the Minister may give to the Company twelve (12) months notice of intention to determine this Agreement and unless before the expiration of the said twelve (12) months period all the detailed proposals are so approved or determined this Agreement shall cease and determine subject however to the provisions of paragraphs (r) and (s) of clause 10 hereof. Commencement date 4 (3) Subject to the approval by the Minister or determination by arbitration as herein provided of each and every of the detailed proposals referred to in clause 5(1)(a) hereof the date which is the later of the date upon which the last of those proposals of the Company shall have been so approved or determined and the date upon which the Company has submitted satisfactory evidence of the availability of finance shall be the commencement date for the purposes of this Agreement. (4) If under any arbitration under clause 6 hereof the dispute is decided against the Company and subsequently but before the commencement date this Agreement ceases and determines the State will not for a period of three (3) years after such determination enter into a contract with any other party for the production mining transport and shipment of evaporites from the areas comprised in Temporary Reserve 3491H on terms more favourable on the whole to the other party than those which would have applied to the Company hereunder if the question had been determined in favour of the Company. Phase 2 — Obligations of State 4 8. (1) As soon as conveniently may be after the commencement date the State shall — Mineral Lease 4 (a) after application is made by the Company cause the mining areas to be leased to the Company under the provisions of the Mining Act relating to mineral leases and that Act shall notwithstanding any of the provisions thereof be deemed to be so amended varied and modified as to enable the lease to be granted on the following terms and conditions namely: — (i) for a term specified by the Company not exceeding twenty‑one (21) years commencing from a day to be agreed upon by the parties hereto; (ii) at a rental computed at the rate of $4 per one hundred (100) acres per annum; (iii) subject to the payment by the Company of royalties hereinafter mentioned and to the due and punctual performance by the Company of its obligations hereunder; (iv) subject to the condition that the company shall be entitled (provided the right of re‑entry contained in the lease has not been exercised) to the option — (A) to renew the lease for a further term specified by the Company not to exceed twenty‑one (21) years and on the expiry thereof; (B) to further renew the lease for further terms specified by the Company each not to exceed twenty‑one (21) years on the same terms and conditions as are contained in subparagraphs (ii) (iii) (v) (vi) and (vii) of this paragraph and provided that the aggregate number of years comprised in the original term and all renewal terms shall not exceed sixty‑three (63) years; (v) that the cost of any survey required by the State be paid by the Company; (vi) subject to the reservations required in Crown Leases pursuant to the Petroleum Act 1936; and (vii) otherwise on such terms and conditions as are reasonably required to give effect to the provisions and objects of this Agreement; Special Leases 4 (b) in accordance with the Company's proposals as finally approved or determined as hereinbefore provided and as otherwise reasonably required by the Company to facilitate the carrying out of its operations as envisaged by this Agreement grant to the Company for such terms or periods coterminous with the terms of the mineral lease (including renewals) and on such other terms and conditions as shall be reasonable — at peppercorn rental — special leases of Crown lands for the wharf and area to be dredged by the Company; and at rentals as prescribed by law or are otherwis