Bauxite Mining Regulations (Cap. 65:01)

3. Application fot ex.elusive permission.

4. Description to accord with lllllp& on record in Dcpartmtrnt.

5. Advertisement and opposition.

6. Granting or refusal of a permission to be at absolute discretion of the Presiden.t.

7. Rent on permission. !!. Applicant to be notUled by Commlsslonor Jn Writing of approval of application.

9. Area abandoned if rent not paid.

10. Permission not to be issued or transferred to petaona out of GuyAM uuloGs propr,rly nptellOl!tod. 110 Cap. 65:01 Mining Bmffit~ Minlnz /l4tu/atiom REGULATION l l. Applicant ma.y be required to pa.y fees for ¢ompass survey of boundari1»,

12. Aro& abandoned if fees not paid or lines not cut.

13. Boundary lines to be run in para.I.let lines wherever possible.

14. Boundaries beneath surf1WC1. IS. Pormi,s.si(11U1 ollly to be iaauod fot OM y@a.r but ma.y bo ox.tended if ~ent 'H0tk W betn. \\<ma.

16. (1) Deposits to be made before extension of permission ff sufficient work not done. (2) Bond in lieu of dopo.sit.

17. Pcrmittoo to furnish proof of work done.

18. Roscrvation of rights in mineral and other substances. 19, Transfer of permissions and leases,

20. Full ropon at expiration of permission.

21. Applicadon for IOUM'!,

22. Rent payable under • toaso.

23. Arca to bo leased must bo precisely surveyed. 24, Payment of survoy fees and pcMlty for default. 25. llo,,.ity.

26. Minimurn royalty.

27. Exporter of bauxite to give particulars regarding situation of land and ownership rights. 28, Export of bauxite from private property.

29. Lessoo to obtain Mi.nistor's oonsent to translCt.

30. M;q1\!hly - - . t w bo fumisbod topnling quantitios of bauxite won. cxportod, etc.

31. Application of Mining Rqulations. FIRST SCHllDULl!-Fonns. SECOND SCHBDULE-Tablo of F.... THlR.l) !K!U.G.OULE-Not~ or tnMndNI Tr1tn!l.riftl' nf P,.,rmiuion or i..-. FOURTH SCHEDULE-Certificate of Transfer of Permission or I...oa.so by sale at Execution. Mining Cap, 65:01 111 r...,,...,,1 BAUXITE MINING REGULATIONS R"8.' 11lD/.12l9 13/5/I9l'f 6/1940 ll/llH7 made under section 19 23/1957 4/1961 o. 15/1970

1. These Regulations may be cited as the Bauxite Mining Regula- CJtat.lon. tlons.

2. In these Regulations- Jnttrpretation. nbauxite" includes as well as the mineral so named every other mineral of like nature which in the op-inion of the Commissioner ia of equal metchantable value or quality and references to !he mining of bamdte shall be construed so as t-0 Include every method by which the same shall In fact be won; "Commissioner" means the Commissioner of Oeolog.icaJ Surveys and Mines or acting Commissioner and in 'the absence of the Commissioner shall Include the officer detailed to t.al<e charge of the Depamnent of Geological Surveys and Mines during such absence; 0 Department" means Department of Geological Surveys and Mines; ..manufacture" means the process of extracting aluminium or any utl10r mub.tl trum l,aw.itc Uy u.uy melW8 wlmtc-vo1;, "Mlnlng Regulations" means the Mlnlng Regulations, or any amendments or re-enactments of those regulations; *"permission" means an exclusive permission in Form 2 in the Form 2 First Schedule to occupy and explore a specified area of State First land for bauxite. Sob"'uto

3. (1) Any pel'SOn who dm.il'e'!I. to nceupy and explore any par,. Ar,plicati'!n ticular area. of State land with a. view to testing the value thereof ~l:vc for bauxite shall apply in writing to the Commissioner for a pennis- · sion giving the full name, nationality and residential address of the fl.J'.ll'1ir.i.nt And An f!ddres.,; in ("'1uya.na, tn he termed a registMerl addre$s, at which all notices or other process necessary tor the purpose of these Regulations may be served and describing the area he desires to occupy and explore as aforesaid and at the same time pay the fee for filing the application p·rellCl'ibed in the Second ~rut Schedule. ..,..,.,. (2) On receiving any such application the Commissioner shall mark thereon the time and date when it was received and give t-0 th¢ p¢tson tiling aamc a nx:(lipt in Form 1 in the First Schedule. Pona. l Fit'llt Schodulc •Modillcd by Act 10 of 1969 (C.p 65 :02) in mpect ot tboAgreementa dodncd. in that Act, !12 Cap, 65:01 Mining No application of a subsequent date shall be received for the same area or any portion thereof unless it is filed and the fees paid within seven days of the brst application or before the date of the first advertisement, whichever shall be earlier. Oeseriptioa 4, ·rhe description or the Jand shall be given fully to the satisfac- 10 AC(;(Jrd with ma!J$oo tion of the Commissioner and in such detail as will enable it to be rcoord i.u marked on the maps on reeord in the Department and the Commis- Departmoal. sioner may call on the applicant to am.end or re-write any application and. may refUse to acoept it unless so amended or re--wrinen.

5. The Commissioner shall publish a notice of the application in the G~ette for three successive Saturdays during which period any person who desires to opposo the issue of a permission on tho ground that he has any right, title or interest in the land covered by the applicalion may enter opposition in writing sett~ out the particuiars of such right, title or interest at the Department and the Commissioner shall submit such opposition along with the applica- tion to the President whose deeision shllll be final.

6. The granting or refusal of an application for a permission ......... Grantina or rd'1158.I Qfa to be at almulukl shall be in the absolute discretion of the President No application for a permission shall confer on the applicant any right, title or interest wbat$oever in or to the land d.eScrlbed in the application discnUon ol tho Pmident. or to preference over any application of subsequent date tor the same or any portion of the swne land e.nd in the event ot more than one application having been filed for the same or part of the same area the President may direct that tile privllego of obtaining a permission shall be competed for at auction botween tho applicants or give such other direction as ho may think fit. 7, There shall be payable half-yearly in advance for every such permission a rent of one cent for every acre for every year it is in fon:e. The first instalment of the annual reot shall be payable in respect ot tile pertoa mterVellmg netween me date on wntcn the applicant is notified in writing of the approval of the President of his application and the 30th June or 31st Deeember next following as tho case may be and thcrealler the rent shall be payable in two equal instalments half..yearly in ad.va:nce without demand on the !st January and !st July, and the permission shall remain in foroo only so long as the rent is not in arrear. ., ....... ............. Bau;,;ite Mining Regulmion.t (SubS.idlary I 8, The approval of the application by the President shall be Appl"!'•• to notified by the Commis:,ioncr in writing to the npplic:®.t ond sw;,h {; notification shall be deemed to be a provisional permission to the sioner in =$- applicant and the rent on the area applied for. as hereinafter pro- :~~.S'or vided, shall be payable from the date of such notification, application.

9. If the first instalment of rent is not paid within three months of Arca the date of the letter notifying the applicant of the approval of his ~~::O,:S applk.3.ti.on. ~ Cotnmi.11,s.kmer '&hall ad'ltttise. th.ea-re.a.a, "aba.nd.Q\W..d" \YAW.. auU tile 11:111.U shall thcrcupou be opc.u to application by othcn and the applicant may be debarred from re-applying for the same land or any portion of it either in his own name or through others if the President so directs.

10. No permission shall be issued or transferred to any person Permission resident out of Guyana unless such person is represented by a duly ~~!1 ~ constituted attomey re:ddent in Guyana and such power of attorney transferred iH deposited in tho D~ds Registry nnd a (;atificd oopy thorc;of ~~iofnn, deposited with the Commissioner. Guyana un• less properly represented. •11. If the President haa approved the application and the first App1;,,n1 instalment of rent has been paid as aforesaid and the Coromissioner :~t~c~l' is satisfied that the boundaries stated in the application ean be '"' fnr fo\\owed on the ground without survey a permission may be issued. in =~~r Fonn 2 of the First Schedule to these Regulations and such pennis- boundarws. sion shall date from the date of the letter or notification to the ~;,;;i z. applicant of the approval of his application but if the Commissioner Schedule is of opinion that lines should be cut partly or entirely around the {JO of 19691 area applied for be may caU on tho applicant to cot such lines and to deposit a fee for a compass survey by an oltlcer ot the vepartment at the rates set out in the Second Schedule before such permission is Second issued. Schedule, 12, (I) II' the applteant w1tltlll six montns ot being eanea: upon Area to do so fails to deposit the fees and to have the lines cut ready for 7~0111~j survey, the Commissioner may advertise the area as abandoned and or U: not the land shall thereupon be open to application by others and the wt. applicant ma.y be debarred from re-applying as in regulation 9. (2) l!m1 appli<a1iou r.. or ren.t th.at ma1 \\ave beer, p,.\d \u respect of an area. so declared abandoned shall be forfeited and in the event of the Government having incurred any expense in connection with the proposed survey such portion of the survey fees as may be necessary to reimburse the Government shall be •Modified by ACI to of 1969 (C'.ap. 65:02) wlth respect to the ~ t i detlned ia lhal Aet. L,R.0.1/1975 114 C.p. 65;01 Mining appropriated by the Govornment and the balance of auch survey fees shall be refunded to tho applicant. --

13. The side lioes and end lioes of the surface boundaries of the tt='t!t nmm tract shall as far as posaible be run in parallel lioes respeclivcly except where prior holdings or natural features prevent this being wherever dono in whidl. ca:so tho traot ahall bo of iueh aha.po M may ho approved ...,ible. by the Commissioner and in any case if the Commissioner considers it necessary the boundaries shall be laid out either partially or wholly by a surveyor at the expense of the applicant.

14. The boundaries beneath the surface of all tracts for which permissions or leases arc issued under these Regulatio.. shall be the vertical planes in which the surface boundaries lie. 15, No permission shall be issued for 1J10rc than one year in the first instance; it may be renewed at the request of the permittcc for two or more succ:essive periods of ono year oacb provided that the President is satiSfied on each occasion that sufficient exploration work has been done to warrant such extension or that good reason has been adduced why sufficient exploration work was not done.

16. (1) If at the end of the llrat or any subsequent year t h e ~ dent is not satisfied as provided in rogulation IS the permission may noverthcless be exrended on the same torms for a period of one year on the applicant depositing with the Commission« a swn not Jess than ono thousand dollars and not more than five thousand dollars as the President may decido as a J!WU111110e that oxp!oration work deemed snlficienl by the Cotlunissioner will be carried out in th• year for which renewal of the permission is to be granted. If at the end of the year of roncwal tho Con,mi;sioner decmJs the work carried out to be insufficient the amount deposited or such portion thereof as the President may decide sball be forfeitod and paid to public revenue. lf however the Commissioner deems the work carried out to be snlficient tho amount depositod shall be nol'unded in I\Jll. 8ond in lieu (2) In lieu of the applicant making a deposit as required by Qfdoposit. paragraph (I) he may enrer into a bond for the amount with one or mnre sureties to the ut:iJaction of the C.Onunissioner. Permiuod to 17. The Commissioner may at any period during which a per- rumlsh proot mission is in exi.steom caJJ o.n the holder to .fumish a true and or wort doao. propor statement of the no.turc ud extent of tho exploration work carried out within any specified period and the cost of such opera• lions verifying the same when required by a statutory declaration Mining Cap. 65:01 115 of the truth and correctness thereof and if such statement is found to be wilfully misleading the permission may be cancelled and any deposit forfeited without prejudice to any further action that may be taken. 18, A permission shall not confer any right, title or interest in Reservation the soils nor in any gold, silver, valuable minerals, precious stones, of_rl&hr Ind minerals, coal or mineral oil or substance of a like nature, nor in any timber growing on the land or any balata or other substances substances. :ra an obtainable therefrom or from the State Forests and shall only confer such interest in the bauxite on the land as is \)rovided in such per~ mission and shall not entitle the holder to mine or ship bauxite; provided that the Commissioner may permit the removal of trial shipments for analyses and commercial tests. Roya1ey shall be payable on any qllantity of one ton or over so removed.

19. (1) A permission or lease shall not be assigned or transferred T~C! of other than in tlle mannet" pres.-.:ri'bed herem. ~ (2) On receiving notice of any intended transfer in the Form in the Third Schedule the Commissioner shall cause the same to be Third published in the Gazelle for three successive Saturdays in order to &:hedt,de. ulluw ur uuy vvvv:.ilivu to 1u.i~h ti-c:i.n.,.r~i- boing -tntvnxl a.a h""'il'W,~r provided. (3) Every person d,sirlng to objo<t to such transfer on the ground that he has any right,_ title or interest in or to the permission or lease about to be transferred shall proceed in the m1mncr pruvidctl by regulation S as to objections to the issuing ·of permissions: Provided. that nothing in this regulation shaH be construed to give the holder of any permission or lease containing any condition forbidding or limiting the right of transfer, any right to transfer in contravention of such condition. (4) If no opposition is entered to an intended transfer or any opposition entered is rernnved, the Commissioner shall record the transfer and shall note on the permission the fact of such transfer. (5) Every transferee shaU give in writing to the Commissioner an address in Georgetown to be called a "registered address" at whicb a\l notii:.c,. or other proet.ss mo.y be &0rved. (6) On the sale at execution of the holdor"s rishts under a permission the purchaser shall, subject to the proviso to this regula~ tion and on production to the Commissioner of a. copy or the Con.. ditions of Sale signed by the Registrar of Deeds or a bailiff, as the case may be, together with a certificate that the purchase money has been paid, be entitled on payment of the prescribed fee and on I Rn 11107' 116 Cap. 65:01 Mining complying with regulation 10 and regulation 19(5) to have an entry made in tho Register or Permissions and Leases or such sale and purchase and aho to r~ive room the O,JllllWisio.uer a Certificate of ........... Fourth Transfer in the Form in the Fourth Schedule and such certifieate duly signed by the Commissioner shall be evidence in all courts of law of the transfer to the purchaser at execution sale of the permission therein mentioned. (7) The fee payable to the Commissioner for making the entry and giving the Certifu:ate of Transfer mentioned in tho last preceding regulation shall be the same as for filing notice of a transfer. (8) Thero shall be payable in advance on every notice of intended transfer the fee specified in the Second Schedule. ........... Second Full report 20. (I) The holder of a permission shall within three months iu CJ:Piration of the expiration of the pennission each year transmit to the Com~ of l)ffltl,i$$ion. IR... 4/1961) missioner full infonnation and such records of hi& searolt in the form of a map showin, the locations of Bauxite deposits in the area, and a report together with copies of borehole logs and such samples, as may be required by the Commissioner for the purpose of satis- fying the President that the holder has taken sutlicient steJ)!I for proving bauxite deposits. (2) The President shall be entitled to refuse or withhold the grant of a lease over any area where the holder of a permission in respect of that area bu refused or neglected to comply with the requinm.ents of para.graph (I). Appllcalinn 21. Tho holder of a permission on makins application to the for lt:&MI. Commissioner at the expiration of his permission or sooner and (10of1969 Keg, 0/JJ"4UJ pi1.yll1g a filing rec or tt:;n. dollan may, if he bu ...ompJicd with theoo, Regulations and of his permission and if the President is satisfied that the exploration work done has led to the discovery of bauxite Form 3. deposits, have the right to obtain a lease in Form 3 in the First Schodule; Provided that- (a) the President may refuse to grant a lease over any area which he may consider inconvenient in shaoe and in such case the applicant shall be entitled to submit anoth~r applic:ation i and •(b) the President may, if he thinks fit in any particular ~ , modifyor•KClw:t. anrclo.uaeeet out in the- Pirit Sche<lu1e to these Regulations. •Modffit,d by Act 10 of 1969 ill tt.9PflCI ol the ~ t s de1iolld bl lhai Act. Mining Cap. 65:01 117 Baw.:lttt Mlt1l11J! Itegulutioris [Subiridlary}

22. The rent payable under a lease shall be at the rate of twenty Rent payable cents per acre per annum payable in advance without demand and umler a lease. shall commence from the date of the expiration Of the permission or the grant of such lease whichever shall be earlier.

23. (1) All land for which leases are approved shall be precisely Area to be surveyed (if not already so surveyed) at the expense of the applicant. ~ J!llas11 - precJS(l y (2) The Commissioner may permit such survey to be made by sut'\'eyed. a duly qualifi~ Jand surveyor or ,nay order s1.u;:h sIJrvey to be made by a surveyor of the Department, in which latter case the fees payable for the survey shall be at the rate prescribed in the S(,Qond Second Schedule. Sehedulo, 24, If any applicant for a lease after being required by the Com- Payment or missioner-- 5W'WIY fees and o,na1ty («') to b.a.vc ,ucb portion of land ~ i& applii;;d for in.trvcyc;d for dotoult, by a duly qualified surveyor, or (b) to dePosit the rent and/or the survey fees, fails for two months ti) have the required survey -commenced or to deposit the rent an<:l/or the survey tees, or 1.r the s.urvey IS under- taken by the applicant to deposit the plan or plans thereof within six months after the commencement of the survey, the application for a lease may be declared abandoned by the President. Thereupon the application fee and any rent that may have been paid shall be forfeited and in the event of the Government having incurred any expense in connection with the proposed survey such portion of the survey fees deposited as may be necessary to reimburse the· Govern- ment $hall be appropriated. by the GQvernment and. ttu:: balance or such fees shall be refunded to the applicant.

25. (l) Royalty shall be payable oq all bauxite won from the Royalty. State lands and exported from Guyana a.t the rate of 25 cents a too ~ 5!,fl947 of 2,240 pounds. (:2) Royalty shall be payable Qll al.I btl\ndtl:'I wo:u\ from the State lands and used for manufacture in Guyana at the mt.o of 20 cents a ton of 2,240 pounds. (3) Royalty as aforesaid shall be payable on all bauxite won from the State lands and removed to private property whenever such bauxite is either exported from or used for manufacture in Guyana. 118 C.p. 65:01 Mining Bauxite Milling Reguiali'ons Minimwn 26. A. lessee shall pay a minimum royalty charge in each year royalty. equivalent to the royalty which would be payable if five tons of ~uxite were exported for each acre leased: Provided always that a lessee shall only be required w pay a minimum royalty charge equivalent to the royalty on one1 two, three and four tons for each acre for the first, second, third and fourth years of the term respectively and that such minimum royalty charge may be averaged over five-year periods the first of such periods commencing at the date of the commencement of the term granted by the lease and the subsequent periods following consecu- tively so that production upotrwhich royalty in o~• of the: miuj- mum is paid in any year may be used by the lessee to offset a deficit in any subsequent year within the fivc--year period but no excess of royalty which shall become payable in respect of any former five~ycar pcriQd ,hall be taken in a¢(:Qunt for answering the deficiency of any subsequent five~yearly period or any year thereof. ......... of 27. Every person who desires to export bauxite shall in addition ... . baUXhe IU al••- ~ situatton of land and to giving s:uch information as may ordinarily be: required by the Customs laws and regulations declare to the Comptroller of Customs- ....~. ownership {a) the situation of the land from which he has won and removed the bauxite and whether the land is State or Govern.. ment land or is privately owned j (b) such particulars of the title or ownership rights under whk-h he hat won Anti r"'-mnvPA th.., h,:011,it,- nq. wm 1i1Atit(y _. baux.ite from .......,. private the Comptroller of Customs tllat the person desiring to . .p(>rt the bauxite is lawfully entitled to do so. ZO. lu 1.lw '(;alK. of bawd«. d1Xo>l~d M lw:ving btx.n won o.nd removed Crom private property the Comptroller of Customs may require a certificate from the Commissioner setting out that the [I of ti>Ol] bauxite in question was won on privately owned property granted before the passing of the Mining Oi-dfnQ.noo, 1903,• 41\d ia nc>t subject to payment of royalty. Such certificate shall be issued by 1hc Commissioner at the expense of the exporter. - l=cclo Miutar"• """""'° lransf'd.

29. The holdet of a lease shall not without the previous consent in writing of the Minister transfer. assign, underlet or part with possession of the land held or any part thereof or his interest therein and the procedure thereafter in regard to transfer shall be as set out in regulation 19. •No. I of 1903 repealed by rhe present Act Mining Cap. 65:01 ll9 Bauxltti Mlnine kgul1U/1;111,1 [Subsldiary I

30. Every person who exports bauxite won and removed from Moo1bly Stale 0( Ouvi;,nuuent lauU:s UC fwm pdviile lanU:s granted subsequent to the passing of the Mining Ordinance, 1903, • shall, on or before ~ e 'd :r:r~ the 10th day of each month, present at the office of the Com~ ~~lies of missioner a statement showing (a) the quantities of bauxite won export:d~n. from the 11ald lands during the then last previous calendar month [iot 19031 (b) the quantities of bauxite the produce of the said lands which shall have been exported during the then last previous calendar month as aforesaid and the destinations and the names and addresses of the consignees (c) the quantity of bauxite won from the said lands and removed to private property and (d) if the whole or any part of the bauxite won from the said lands shall be manllfactured within Guyana the amount of the products thereof manufactured during the then last previous calendar month as aforesaid and the amount of the bauxite required for the manufacture of the same and the a.mount or manufactured products exported during the then last previous calendar month as aforesaid. Every statement of export shall be accompanied. by a certificate from the comptroller of Customs showing the amount of each exportation. And the lessee shall pay the royalty on the amount of bauxite so exported or used in or for manufacture during the then last previous calendar month as aforesaid at the tlme of presenting each statement. 31, The parts of the Mining Regulations, referrins to !he employ- Ar,;licauoo ment of labourers. sanitary regulations, and the regulation of mines ~::!?~n~ shall as tar as tttey are appHcarue, apply mutam; mutantt,s. to au · pernlissions and leases issued under these regulations.

FIRST SCHEDULE FoltM 1 reg. 3, 11 and 21 Reg. 23/S/1939 12/1947 REcEJPT DY COMMISSJONER FOR APPLICATION FOR AN EXCLUSIVB PfiRMISSION 4/1961 Guyana. O. 15/1970 The Buru;:ite Mining &gufa,tuns This is to certify that I have thia day received from ..... ___,_ _ __ ...............on behalf of.. ., ....,..,, _ .. ,,,,, .. ----,-, --,.,,... ,..an application tor an Exclusive w ..... Pcnnission under the Bauxite Mining Regulations for an area. situate...... _ _ _ _____ and that the fee for filing this applica- tion has been paid. Dated tb1i"s- - - - - - - - ' " Y of .......I.IL_., (Signe<f) ----c-c--c-- Co,nmissioner of Geological Surveys am/ Mines •No. 11903 repealed by the present Act. r R-n ,iwn 12() Cap, 65:0J Mining (S I I I,.,] Fo1'M2 reg, ll ExCLUSM PliltMJ$SION Under the Bauxite Mining Regu/atf()ns By HlS Excellency the President of Ouyana Wh..at::.1$ au •pplkation b;1.$ boon ma.do un(kir tho Da.u:dtc Mining RogulatiollS by . praying; for the exclulii'Ye right of occupation and oitploration of a certain tract of State land hereinafter de$¢ribcd. 1ituatc, 1ying and being an for the purpose of testing tho value thereof for Bauxite: Whercu it appears to be e,i;.pedient to approve the said application; Now. therefore, I, by virtue of the powc:r and authority in me vested do b.e.reby permit the: said .(lwrc:inafter an included in tho term "Pennittee") under section 13(2) of tho Mining Act, and the Regulations aforesaid to have the ~usive right to occupy and c,:plon: for du,·purposo of 1osting the value thereof for bauxite the unoccupled tract of State land berehtafter ~bed,. for the period of one year from the day of.... 19 ,,,vi2:- 30.VO and except 1uch port.it.mil of the Wd (ract of land a11 wett, lawftilly occupied by persons other thQ.D the Ponnitttic provious to the... .... day of ,,19--- .. , subject to the foUowing oonditiona: 1. The Pcrmittee shall on the 1st day or January and July in. every year dutirae th11 MntinWlnett nr this PennisciM pay in advance and without demand to the: Commissioner of Geological Surveys and Mines (her4'in~ afu:r called the Commissioner) for a.n.d on behalf of Guyana, one moiety of a yearly rcnta1 or exploration fee of one cent for each and evecy we: of Stale land comprised within the trac( specified in this Permission amount~ ing co tho swn of' ......... ,, .....Aouars and ......... cents per annum; the first instalment of the annual ,ent shall be payable in respect of the period inttl'f\lCJUng between the date on which tho Permittec was notilicd of tho apptoval of the a.pp1k:ation, i.e., th'}.... .... day o,~---· ............ 19 ...... aru.t the... day of H>... ....... ,., and. thi11 Permiuion 8hall rmi&in in force only so long as the rental ilf not in arrear: Provided always that tht amount so payablo in respect of such annual roo.ea1 fee shall be subjc,ct to any doduction which may hereafter be made und,et tho pTovisi<>n.e of i:.lauu:t l he«l'.or. 2. The Permittee may from time to time abandon in writing any portion or portions of the tn.c:t included in this Pennission, provided that no ono of 1111,-h portions to bo so abandoned shall ho less in area than one quarter of the •"'" ooverod by thi• Pcrmiuion, and whon the Pennittte shall have properly tnarked out th~ portions so to be: abandoned, to the satisfaction Mining t,;ap. o:,:vJ. Bamrlte Mining Regu/aJlolw [S-J of the Commissioner, no rental shall be payable thereon from the date on which the nex.t sucoeeding annual payment in re$J)Cci of rental bcc001C$ due, and all such portions so abandoned shall thereupon become open for application by any pcrS()n, J. The: Permittee shal1 during the said period of one year from the .. ,.. 19.. ., have the right to explore and search the surface of the lands included in this Permission for bauxite and for that purpose to make geological and geophysical ex.am/nations on the ground and/or from the air and to dig and turn up the surface of the land to the extent necessary for the efficient exploration and to drill geolo.gical )nformat\on boreholes. 4. me Permtttec 111hall at all tlmi;~ during the i.;u11,Uuuauct1 uf th.is Pennissfon ma.in.ta.in the servicea of a qualified goologi&t whose technical qualilicatiom shall roceive tho prior approval of the 'Commissioner and who shall be resident in Guyana. 5. The Penn.ittee shall within six months from the date hereof com- mence and thereafter diligently continue to examine geologically and/or by geophysical methods the said land&. 6. 'The Pennittee shall at all times afford to the Commissioner or other officer in that behalf appointed by him all proper facilities for entering upon and inspecting. the works and operations of the Permittco within the prospecting area and ascertaining the rewlts thereof. no PermitMC shall furnish to tho Commissioner a half yearly report (which the Pcrmittee hereby undertakes to have prepared) indicating the progress of operations under this Permission and the exponditure incurred on exploration, This report shall be presented at the office of the Commission.er on or bc(ore the !:5th Clay of Fctm.nuy and tht: lihh My vf AugW1ot iQ fflCJ:1 ycaf, TI1ic; or first these roports shall be in respect of the period intervening between the • .day of and the .. day of.. ,, ..,. and thereafter in respect of si.x~montb periods up to tllt ¢os.w}'Ui\® ot e.xplorauoo operations. Nl)\'W1llllllanrung tne proviidoQtl of condition 7 hereof, the Pennittee shall forward to the Com• miSUOncr copies of borcholo Jogs as and when they become available and at Je;l.St onco io. each period of six nwn.ths during tho continuance of this PcrmiWon. 7. The Pennittee shall on the expiry of the Permission each year and within three months of such expiry transmit to the Commissioner full information and ollQh records of hi& ti0arcb io. tht' form of a seo,logical map showing the locations of bauxite deposits within the area. and a report together with copies of borehole logs and such sample&, as may be required by the Commissioner for the purpose of satisfyiqg the President that the Permittee ha& taken sufficient ste:os for proving bauxite deposits. L.R.O. 1/1973 122 Cap. 65:01 Mining JlaJUlte Mining &gulolion., This report shall be presented at the office of the Commissioner within three months of the ~tc of expiry of the Permission. 8. The Permittee shall observe and comply with the provisions of all Mining, State lands _and Forest Acts and all Regulations for the time being in force in so far as the same can be applied to a Permission of this kind, and tho Pmnittec shall be taken and considered to be the person made liable thoroun.dcr. 9. This permission shall not confer on the Permittee any right to dig, work, mine or take away bauxite· to any greater extent than shall ht the opinion of tho Commia:lionor bo J1000SMU)' to prove tho quality and 01'.tcnt 4 of the deposits c>f bauxite (if'Wft.y) therein by taking sufficient samples thereof from different parts of the prospecting area. rn_ This permission shall not confer on the Permittec any right to obtain ot prospect for any coal or tnintral oil ot 1ubsta.ncc of a l}b utUtc or gold, ailvor, 11aluable minerals, precious stolles, minorals from any deposit that may exist in or under the prosP((:ting area or any p•rt or parts thereof respectively nor shall this Pennissiou confer on the Permittce any right to eut tlnlbcr on the prospect.mg area except so tllr ai shall in the opinion of the Commissioner be necessary for prospecting purposes all of which shall be saved and reserved to the State with the right to enter upol\ any part or parts. of the land (:Overed by tbis Pcrminion and to search and mine for and carry away any coal Ot' mineral oil or substance of a like nature or gold, silver, valuable minerals, minerals (other than bauxite) or precious stones as aforesaid or issue leases, licences or per~ missions to others to do so or to cut and remove timber or balata thereon or any substance or thing obtainable therefrom or from the State forests. 11. The Pcrro.ittee shall not by any operations under this Permission impair the free access to any landing place in actual use at the date hereof in any river, creok, lagoon or waterway nor deposit any detritus earth, waste, refuse or tailings TC$Ulling from any operations nor allow the same to accumulate in any place so as in any way injuriously to affect the navigation of any river, creek, lagoon or waterway nor place the same on the banks thereof without the permission previously given in writing of the Commissionor nor moor any dredger, barge, boat or vessel so a.s to prevent or in.terfc::tc with the free navigation of any river, crook. la.goon or waterway nor in any way interfere with or prevent any person wbornso- everr going to or from such landing place as aforesaid or passing or repas,. sing with boats on any river, creek, lagoon or waterway or any pmon now or hereafter holding lands on the banks thereof using any river, creek, lagoon or waterway for drainage purposes or for any other purpose for which such persons may lawfully uso tho same and the Pmnittec shall earry on their operations under this Permission to the satisfaction of the sata conu:ntsstoncr. 12. This Pcnnission shall not be assignod or tranflcrred other than in Mining Cap, 65:01 123 BmJ.Xite Mlnif18 RegulaJ/qns IS""'idlAcy) the manner prescribed by the Bauxite Mining Rtgufation:s. 13. This Permission shall be subject to the right of Amerindians to nttl•, ,oa.m.p, hi..nt in Q.u,d. ti-1:1.ven1• th,;, t-r11.<1t b11oroinb,.f.,.,,i, de""'"il,.,! without molestation, and to the right of any person to pass through or over the land to be occupied or explored hereunder to any land beyond and to which such person desires and is entitled to go, 14, The President may at any time direct that any portion of the land included in this Permission may be taken and used for public purposes, and when the President so directs, the land speci.fied in the order of the President shall be taken and used for public purposes without giving the Permittee the right to claim compensation therefor. but the Pmmittee shall not he liable to pay the annual rental in respect i:,f any land SQ taken. l5. The President may grant to any person or persons a Concession for constructing a. ra.Hwa.y or road. a.erase Ot." through sriy portion of the land specified in this Permission without giving to the Permittee the right to any claim for compensation from the Concessionaire or the Government for any act done pursuant to any rjghts or _privileges granted under such concession. provided that in the event of any question arising between the Permittee and the Concessionaire under this clause, the decision of the President on such question shall be final and binding on both parties. 16. If the Permitte1: shall make default in diligently searching and prospecting for Bauxite in the prosp~ting arc11. ur if lht f>cauillcc shall fail to cornply with any State Lands, Mining or Forest Acts or Regulations for the time being and from time to time in force in Guyana or if the Permittee shall otherwise fail to perform any stipulation herein contained i\nd on their part to h(! p~rfnnned thfl Pr8Sident by himself or his agent rnay ca.nee-I and determine this Permission ,11nd may also Mter upo.n the prospecting area in question or any part there.of and take possession thereof and all erections, plant, materials and things belonging to the Pennittce and thereupon this Permission shall cease but the Permitt«i sh.aJI be entitled subject to payment of any sum which may be due at the time to the Government in respect of the said area to remove all erections, plant, materials and things thereon belonging to the Pennittee within three months of the termination of this Permission. 17, Any notice or direction to be given under thi~ Permission may in addition to any other method for the time being authorised for serving the same be given to the Permittee by leaving the same at the local registered 11dd~s: o.r regi!l.tered office, for the time being ot by leaving the same with the local manager or local representative for the time being and any notice so left shaU be deemed to have been given at the time it was so left. 18. fn case it shall be proved to th¢ satisfaction of the President that the expforation work done hereunder has led to the discovery of bauxl[c deposits in the ptospccting area or any pan thereof the President shall at L,R,0, 1/1971 124 Cap, 65:01 lS I Pl 11 or before the 01piration of this Pfflnission at the n,quest and cost of the Permittee grant to the Permittee a Lease or Leases of such part or parts as tho Ponuittoo .shall select of the lands within the pro11pcctiog area in which auch bauxite aball have been ro proved, to consist of not more than the -.ggccgatc uu.mboc aud arGa. la.id dowu by the R.Qgula.tious rola.tiug to bauxite mining for the time being in force and such Lease or Leases shall be in the form and contain the covenants and provisions set forth in the form of lease set out in the First Schedule to those Regulations and be for a period. of twenty-one years or such tons.er period as. in the opinion of the President ,nay be warranted and tho Permit,.. may desire. 19. 'fhis Permission ina.y be renewed for two or more successive periods of one year each if tho President is satistled on each occasion that sufficient cii,;plonuion wvrk bu bcGtl dooo dllring the prcvio11t1 ~ to warral'l.t aue,h extension or that good reason bas been adduced why sufficient explora- tion work was not done. 20. Nothing in this Pormission contained ,hall impose any personal liability on lhO President or any panon or pwwn1 ur wrpon,tion acting uruiw the &.uthority of th~ PMdcnt. 21. Tho actual waivcsr of the benefit of any covenant or condition of this Permission on the part· of tho President shall not be assumed or dccmad to ox.tend to any inStanoc or any breach. ot covenant or coruuuon other than that to which such waiver shaU specially relate nor to bo a pncral waiver of the benefit of -.nY such covenant or condition. 22. no teetipt of any rent or other moneys by or on the part of the Commissioner shall not be comtrocd as a waiver of any antecodent or then subsisting breach of any of the covenants or agreements on the part of the Pcrmittco hen,in contained or implied or of auy rights or romodies of the President by virtue of or in connection with any such breach. 23. Notwitlu18Dding ouytbjag afo....,.ntion.cd in this Permi6'ion the Permitteo shall OllPODd a sum of not leas tbao....... (I ............ ) on O!ll.ploration work oa this area. during tho first year ertding __ . 19 , or dllrina any aubsoquetit year for which this Permission may bo rcmowcd. Given under my hand and the Great Seal of Guyana at the Guyana House, Georgetown, Denmara. thia--····-····. ... day of.... . ......... in the year of Onr l..nrd One Thousand Nine Hundrod and. .... _ __ Pm/dent I a.oc:cpt thea.bove Excluaivc Po:rmission on tho term& and conditions therein atated. ........... Perm.ittee. ..... ... 19 . Commi&lloner of Geological Svnlp '1NI Mine1 Cap. .s,01 12s "®xlte Mlnillfl &gulatiotU _,,I F<1RM3 reg. 2J MINING LBASll Under the Bauxite Mfnltr.g Regulations Guyana. I !'resident of the Republic of Guyana hereinafter ca.Lied the "Lessor" which term whenever the context permits ()r requires shall be deemed to include the successor or successors in the said office and the Officer for the time being administerjng the Government, do hereby in consideration of tho covorui.nts, provision.3 and Nnta horciuftcr coscrved ud i-ubject to the Mining Act and the Bauxite Mining Regulations made thereunder in force at the date of the,; signing of this lease in so far as they are applio- ab,le to the same and not in conflict with any of the oxpre,s or jmplicd provisions of this lcaso, lease unto .... hereinafter all included in the term .. Lessee" and . the said do hereby ta.kc on Jease the pit'ICC or pa.reel of State Land situate on the --~·n the County o ~ - - - . and mQrc fully described as fo11ows--commenc1n.g at a paal conWn.in.!J ... . . .acres as shown on a Diagram by.,. _ _ _ _ Qovorl'.U'.rulm.t Surveyor, datod tb.e ... ·- ............day O • L - - - - - ..Nineteen Hundred and ... hereunto attached, a duplicate of which diagram, along with a duplicate of this lease is on record in the office or the Department of Geological Surveys and Mine&, Georgetown, Dernerara. , To RoLo IJld. enjoy the said premises for a term of.... ....,. years commencing from tho ..........day of ..... N - Hundred and... ,.... for the p ~ of winning working digging getting mining raising converting manufacturing and carrying away an Bauxite wh.icb may be found tborein with tho right to carry oa upon the said Jaad all operations incidental. to or connected therewith including the right to erect on the said land s11ch dwellings or erections as may be necessary for the purposes aforesaid and the right to erect thereon and on any int«veo• ing Sta.to and Oovmunco.t ta.nd11 (but 48 to sudt int.ervomng lo.o.ds only in situations to be: first approved of in writing by the Lessor) sl.lCh aerial railways rail lines and other means of communi.caticm a.s tnaY be requirod ia order to connect the lessee's workings on the said ~cb with navipble waterways nearest thereto or with tho noarost railway: · Provided. always that the Lessee shall have no right to take or ex.tract from the said lands any gold silver or other metals or any minerals or prcciolD stones, or mineral oil timber or other substanco or thing except as heroin provided all which thingg are hereby excepted and roscrved out of th.is demise but so that thi$ proviso $hall not binder or prevent the Lessee a.s incidental to or con:noeted with their operations for the winning of bauxi~ ftom U&Dg or removing such materials a!!. sand, soil. c1ay. rock, laterite and the like: L,R.O, 1/191) 120 Cap. IS!! :01 Mining l-.U..,.) Pt-nvided ahi.n thjjf thfll I.P.ll!lr.fl s:hall in tha 1".1err.iM nf thf! r,nwAn: '!nil authorities hereby gtantod do as littlo injury and damage as can be to the said la11d or the timber thereon or to any such intervening land$ or the timber thereon and shall oonfonn to the provisions and restrictions hereinafter contained: And provided also that if any Amerindians now occupy any of the said lands or intervening lands the Lessee shall not without the consent of the President disturb such Amerindians in their possession of those portions of the said lands now occupied by them. YlELDJNO AND PAYING therefor the rent and- royalties here.inaner men- tioned and upon and subject to the following conditions: Cenain rent L The Lessee shall pay to the Commissioner of Geological Surveys and Mines (heroinafter -called tho ••commlooionor11) yearly in a.civa.nco on the 1st day of January in each year withOut demand the certain annual rent of twenty ccnls (ten pence) for every acre or part of an acre. Rayahy. 2. (I) The Lessee shall pay royalty on all bauxite won or extracted from the sald land and exported from Guyana at the rate of cents a ton of 2,240 pounds as prescribfJd in the Bauxite Mining Regulations, or such amount as may from time to time be prescribed by any Act or Regulations en.actod or made aftor the date hereof. (2) The Lessee shall pay royalty on all bauxite won or extracted from the said land and used for manufacture in Guyana at the rate of .. cents per ton 2.240 pounds as proscribed in the Bauxite Mining Regula.. lions, or such amount as may from time to time be prescribed by any Act 01 Ro3ulations o.11i.1.1.19d or roado ,a.ftGr tho dAto hen.of. (3) Royalty M aforesaid shl\.U be payable,, on. alt bau~itt WO\\ from the said land and removed to private property whenever such bauxite is eith1:r exported from or used for manufacture in Guyana, Kct1.1rns tor (4J on or oerore mc unn oay 111reach momh 1ha ~ 11hall pn11ern Royalty. at the office of the Commissioner a statement showing: (a) the quantities of bauxite won from the said Jand during the then last previous calender month (b) the quantities of bauxite the produce of the said land which shall have been exported durina the then Jut previous calendar month as afore• said and the destinations and the names and addresses of the Consignees (c) the quantity of bauxite won from the said land and removed to private property and (d) if tne who\e oc a:a:y -pa.rt or the 'oa\\1.\tc "Won ftom th~ laid land shall be manufactured within Guyana the a.mount of the products thereof manufactured during tho then last pmious calendar month as aforesaid and the a.mount of bauxite required for the manufacture of the same and tho amount of manufaoturcd products exported during the then last previous calendar month as aforesaid, Every statement of export shall be aocompaniod by a certificate frunl the Comptrollc-r or Customa ahowing the amount of each exponation. And the Lessee shall pay lhe royalty on --· the amount of bauxite so cxportod or used in or for manufacture during the then last previous calendar month as aforesaid at the time of presenting Mining C•P• ,s,01 127 (5) Royalty at the rate pay&ble on bauxite e"J)Orted fmrn GUjrRnR. M/,.;..,,..., shall be payable in each year on a minimum quantity ofbauxiti, whether or Royalty. not the same has been won or extn\Cted and exported or used for ma.nufao- ture in Guyana or mined but not removed and the minimum quantity on which such royalty shall be payable each yoar shall be the to1at roached by taking tive tons of bauxlte for each acre of the land hereby leased: Provided always that a Lessee shall onJy be required to pay a minimum royalty charge equivalent to the royalty on one, two, three and four tons for each acre for the first, second, third and fourth yea.rs of the tenn respec- tivl.'.lly and tha.l such minimum toyaJ.ty ~barge may be averaged over five-year periods the first of such periods commoocing at the date of the commencement of the tc,rm granted by this Lease and th.e subsequent periods following consecutively so that production upon which royalty in cxc~ of the mlnimull'.I is J"lid in a.ny }'oo.r may bil US111d by tbe- l.etisoc to offset a deficit in any subsequi:nt year within the five-year period but no excess of royalty which shall become payable in respect of any former five-yearly period shall ht taken into acco11nt for answering the deficiency of any subsequent five-yearly period or any year thereof. 3, Tho conduct of the .Li,ssee'rs mining: and other operations sbaJJ be Mining tolbr satisfactory to the Commissioner in all cases required herein or from time ~S':'oZi: to time provided by law and in particular Without restricting the generality rnm.w ' of this :provision of the Mining Regulations, reterring to tbe Employment Of Labourers, the Sanitary Regulations and the Regulation of Mines shall so far a.s they ate applicitble be complied with by the Lessee. 4. Tius Lease shall not confer on the Le$~ any right to obtain minersl ~ to . oil gokl silver or other metals or minerals or precious stones frotn any ~l\eral 011• deposit that may exist in or under the said land and a.JI officers of the State and other persons thereto specially authori:u:d by the Lessor i;ha.11 at a.JI tim.c:s ha.ve th¢ right to ~tc,r the :said hmd for the purpose: of obtaining mineral oil gold silver or other metals or minerals or precious stones tb.orefrom. But no such authorisation shall be granted unless the- Lessee shall first be given such notice as the Lessor shall think reasonable of the application thereror. The: T.eS!,00 fl.hall he entitled to an abatement or the fixed rent and or the minimum royalty payable under this I.ease in r1::spect of such parts of the said land as may be so entered upon and which owing to such. entey the Lessee is unable to exploit and sha.U be secured free access to the residue of the said land. In case of such entry by oftlcers of the State the Lessee shall not be entitled to a.ny compensation unlos$ the Lessee's works shall be taken or damaged in which event the Lessee shall be entitled to compensation to the extent only of such ta.king or damage and not in respect of any unworked bauxite or other value in the land entered upon but in CMcl or :such entry by othor poisons t.o whom auy grant or leMe in that behalf shall hereafter be made by the St.ate and who shall not be a<iting as. agents or on behalf of the State the grants or lea.sos by tht State to such oth« pcma sbaU ooatain covenant$ by Ou1t a:r1tntM11. 11~- t1l.' l~s-v thereun.d♦I:' to c()m.~11,-:te thieo l ~~ f .. R.(t 111913 128 Cap. "5;01 Bau.xit, M/Jtl#i 16,,e k«rr• hereunder for all damage or loss occasioned to the LeMee hereunder by such entranco ao.d the State having procured sw;:b covenants to be in80md in the said grants or lcascs shall 1"I under no liability to tho Losooo Ml'Oundor fot tho falJute nos;toot rofusal ot inability of &UCh 0th.or person.fl to compensato the IM!iOl?I hcreuoder for such damage as aforesaid. =::vc DCHkJe ot 5. The Lessee sbatl give to the Lessor immediate notice of the discovery hy the Lew:e of mineral oil irold silver or other metalt minerals or precious d~of stones whether under or upon the said land. 1old,&o. The Miu.later 6. The President anay con.struct otoct sot up or la.y or may grant to any p:nan or person& or corporati~ who shall apply therefor (tht Lessee "'""""""" ·-- """or"' up or Jay rail- having first been notitlcd and having thoreaftor roccivcd three calendar w,y ro,4 months' previous notioo in. writing or six calendar months' provioua notice or cables or if tho said lands are in prooosa of bo.ina worked for bauxite, of tho intention ............. pi~ l1Ms Of sion therefor, of tho Preaident in that behalf) a Coruiossion to oonstruot otoct sot up or lay a. rwway or road or elcCtric wiros or cablee or plpo lines c.roGS tbrougb over upon or under any portion of tho said land and in ase of any such railwe.y or toa.d ot electric wires ot cables or pi.pc lines being consttuctcd the l..c$sec shall be secured free &ccess to the: rernainina portions of the $Aid la.nd and aha.II ho ontitlod t.o o.n. o.blltOUlOllt of tho Ax.od tent ond of tho ,niaimum royalty payable under Ibis Loaso in rcspoot of '"ch parts or tho said Iaru1 aa may be occupied for the purposea of such railway or road or electric: wires or cables or pipe lines in $w::h manner a.a not t<> admit nf the workiq of bauxite beneath du, same aru1 to componsation for all JO$$ or damage occasioned to tho U!SSeo by such railway or road or electric wirc:s or cables or pipe lin0$: Provided bowovor that in cases any such rajlwa.y or road or electric wiR's: or cables or oioc lines shall have been collitructcd by or on bcshalf of the State, the l.c$SCO shall not ho entitled to compensation unless the Lessee's works 1"I taken or damagod in which """'1t tho Lessee ,hall be entitled to compensation to the cittont only of wch takin,g or damage and not in n=i.poct of any unwork(d ba1,1Jtito or other value in the parts of tho said Jam) !iO UUl,UpiQ), C.-,10 7. The Lessoc shall so often as required in writing $0 to do by the make returns Coll'l.lllissionar or otbcr officer in that behalf appointed by ltim to furnish ofhll lwch truo iPld propor i:ot\U1\$ and smtistioo or oth&r pdrticulars of tho open,tioos, operations carried on upon the said lands and tho result theroof as the Commissioner or other officer in that behalf appointed by him may require vcrifyin& the samo if and whon roquir«l so to do by a statutory declaration of the trnth and corteetncss thereof. As to landti 8. If at any time dUring the oaid torn, any part or partS of the 10id landa shall be roquired for the purposes of any wwnllhlp or viUlll!II road, canal, ........ m1uircd(or public railway. railway-station or the aoproaches thereto, or tramway&, or for any otbm pu'olic P""PO'O - " ' • It tih'1I"" 1,,-.nu\ !<>t tllo C<>mmi,..,,... (th• Lcaec having 1"1on notillod and having theroaftor r...ived threo Mining Cap. 65:01 129 IhRlxite Min/118 Regula.lions calendar months' previous notice in writing or six calendar months' previous notice jf the said ]ands arc in process of being worked for bauxite of the intention of the Commissioner in th.at behalf) to ca.use to be set out the part or parts of the said lands which are so required and so soon as the same shall be set out the bauxite within undi:,r and upon such part or parts of the said land as shall so be set out shall cease to be inoluded in th.is Lem and au powers and liberties hereby granted over the same part or parts of the said land shaU cease to be exercisable by the Lessee and in su-ch case the Lessee shall be secured free access to tbe remaining part or parts of the said land and aha.II be entitled to an abatement of the certain 1c1ll and of dlc 1ni1Uu1um n,yalty payable uildct thb Lca.60 in rc,pco,t of the area so appropriated but the Lesseo shall not be ontitlcd to compcnsa• tion unless the Lessee's works shall be taken or damaged in which event the Lessee shall be entitled to compensation to the extent only of such takine or dama.ae and not in respect of any unwnrked bauxite or other value in the area so appropriated: Provided however that if the said road township or villa~ canal railway railway station and approaches or tramways are to b(I owned otherwise than by the State any want licence or authority for the construction thentt)f which shall be granted by the State to tbe undemkm oonstntclOts or intended owners thereof shall contain agreements on the part of the grantec!I or liccnsees thereunder to compensate the Lcssoo hereunder for all damage ca.med to the Lessee hereunder by the construction thereof and the State having procu.1'(1(1 such agreemcmt ro be made with tho Stare or its officer shall bo under no further liability to the Lessee hereunder for any subsequent failure neglect refusal or inability of such grantees or licensees to compensate the Lessee hereunder for such damage as aforesaid. 9. The Lessee shall make such provision for the disposal of detritus ~fuse to earth waste refuse or tailings resulting from any mining workings or other be disposed of operations to ht carried on by the Lessee so that the same shall not be or 0n~!~~~ be ! become a nuiu.nr-~ inr:onvenience or obstruction to any road tramway railway telegraph line rail dam or private or State Lands or Government Lands or in any manner occasion private or public damage or incon~ vcnience. 10. The Lessee shall not by any operations under this Lease impair the Lessee not to free 11Ccei$ to any landing placo in actual use at the dat.c hereof in any river itrtettm with DIIVi9tUion. creek lagoon or waterways nor deposit any detritus earth wasto fmusc or tailings resulting from any mining or other oporations,nor allow the same to accumulate in any place so as m any way injuriously to arrecr. the navt• gallon of any river creek lagoon or watorway nor place the same on the banks thereof without tho permission previouely given in writing of the Commissioner nor moor any dredger barge boat or vessel so as to prevent u1 inl11:i1fi;;,1,~ wjlh d11, fnN w:n,iptio,t of a.1.1.1 E"iVOT Ol' Ol'OOk Ol' Iagoo.11 or waterway nor in any way interfere with or prevent a.ny person whoQUOcver going: to or from any such landing place as aforesaid or passing or re-- passing with boats on any river creek lagoon or wat.crway or ariy person L.R.O. 1/1973 130 Cap. 65:01 Mining now or hereafter holding lands on the banks thereof using any rivor crock lagoon or wa.tcrWay for drainage purposes or for any other purpose for· which s.,tch persnllJ!; ma.y lawfully use th.e !18.rne, an.d tfie Le~ shall carry on all operations under this condition to the satisfaction of tho Com•· mim.o~. 1J. The Lessee ahaU from time to limo:£~~ being required in writing. SQ to do by the Commissioner weU ands 'ently bail and pump draw away and romove from the said land all water accumulatod thereon by ffi\$Qn, of ~ ~ • a workinp ot opcra.tions &o far as such water shall in the opinion of the CommissioMI' be injurious to the owner or occupier· ur uy adjoiu.u;.g land. Not to iwiin,. 12, The Lessee shall not without the previous consent in writins of thtt &.c •• without Lessor transfer assign undedet or part with possession of the said land oc consent. D.DJ' r~rt tl,_,,.f nr thNI' int..,,·,u1.t thP.rAin h""°"'"""'"'" ,..,. any nr th.. li~rtie!I power or privileges hereby gra.o.tod, 1-10 ....,.. . koconotk:u bowldarics. 13. The Lessee shall pl&co and keep on tho facade of the said land on or near to aaoh boundarv naal a. board or tablet on which &hall be orinted in plain legible lettors and figuros the name of the Lesseo the length of the- facade the bearings and depth of the sido-,lil\C$ of the said land the number· and date of tho Lease under wbicb the Lesseo holds Ibo promise, and libor• ties hereby gmnted and the Lesseo shall keep such board or tablet with such inscrlpllon ln good repulr during the conLinuanoa of the Loase: and tho Lcsseo shall also keep the boundary lines of tho said land clear and open at a.11 times to the iDSpection and reas<.mable aatisfaction of any oflu::cr of tho Department of Geological Surveys and Mines providod t.b,.t wher& eoo.tiguot)e. tmct.c d~ held hy thl?I I ~ only the, e•tema.l. boundaries of such contillllOUS tracts &hall be kept marked and open. Rlaht of...,. 14. The deposit$ of bauxite in the said land shall bo worked in such a toltatealld rna.nner as to ReCUttl that tho passaat reasonably roquited actoss any and ...... Oo\1ll1lllllC:Ot wory portion of tho said Jand to the State and Oovernmenr Jaruis aback of the said laud is bpt open. to th4 offu::e;n and scrvanti of tho State and' others thmto llUthoriscd by the Oovomment. 15. The l.e$SCo may cut such timber from the said land ~ they shall roquiro in. mining and other operations subject to any regulations for the time bti.ng in force relating to timber on State lands and payment of royalty thereon but not further or otherwiso and shall if the Ministor so requires provide at their own ~pensc watchmen ro prcvcnt any damage bQing done- to timber growing on any of the said land. 16. (1) Without projudicc to any obligation. or liability imposed by or incurred under the terms and conditions beroof the ies,w may at any time· during the term hereby granted or any renew•l thereof determine this Lease· by giving to Ibo Commissioner of Ooological Surveys and Mlnoa not Jes• Mining Cap. 65:01 131 Bauxite Mining Regulations [SQbsldillryJ "than six calendar mo1lths' previous notice in writing to that effect. (2) Without prejudice to any obligii.tion or liability impollied by or incurred under the term& and conditions hereof the lessee shall be entitled .at any time during the term hereby granted or any renewal thereof by _giving six. calendar months' notice in writing to the Commissioner of ,Genlngir-..al Surveys and Mines to surrender thl'l rights wanted hy this Lease in respect of any part or parts of the said lands: Provided that- (a) the part of the said land in respect of which the said rights are to be surrendered shall be a complete block or narcel of land. being not less tha.n tw1,mty-five per cent of the original area com- prised in the lease: · (b) the Lessee shall be required to demarcate such complete block or parcel to be surrendered on the ground and deposit with the Commissioner of Geological Surveys and Mines the estimated cost of the survoy and when the area to be surrendered has been ascertained by the Surveyor any difference, between the amount deposited and the actual cost of the survey shall be refunded to the Lessee or paid by him as the case may be. (3) Upon the determination by tho Lessee of the term hereby ·grant¢<! or any renewal thereof or upon the surrender by him of the rights :granted by this Lease in rtspect of any part or parts of the said lands the Lessee shall be entitled to a refund of an apportioned part or any certain yearly rent paid by the lessee in advance in respect of the said lands or any such part or parts thereof for a period the whole of which bas not •expired at the date of such determination or surrender; P1 ovidcd tlu1t a. nifund in rc3p,;.ct of the 111urrondcr of o.ny pnrt or po.rt a -of the said lands shall not be payable until the survey bas been completed ·and the actual oo!it of the survey has been paid. 17. (1) In time of war or nation.al emergency of the elli1,teTl.f.'.ei nf which Mhm1er•~ tho President shall be sole judge, the Minister or his representative shall rlsht of II u have the right of pre-emption of all baux.ite or other products thereof the pre-emp n. property of the Lessee wheresoever the same may happen to be at a price 'to be agreed u-pon between the Lessee and the President and the Ussee -shall to the host of the Lessee's ability supply to the Prosident or any _person nominated by the President on being requested -so to do such quantity of bauxite or the products thereof if any p.roduced by the Lessee :as he may require. In the event of no agreement being come to as to the prie(l it shall be the commercial value of such Wluxilc 01· other pwducts thereof of the Lessee if any at the place where it or they shall be so supplied to be determined by two arbitrators one to be appointed by the Lessor :and the other by the Lessee with power to appoint an umpire in case of -di-6,(o;;om,;mt .tuoh a.rbitra.1ion to be h•ld in. Guyan::ii unde-r th@. Arbitr-11- ,., '1;03 tion Act 1 or any statutory modification or re,.enactment thereof for the time being in fo«:e: Provided that if the amounts and times of delivery of bauxite required 132 Cap. 65:01 Milling {S I Ill t] by the President arc in excess of the total capacity of the Lessee's plant the arbitrators shall so fix the price as to compensa.te the Lessee for any loss auffucd by the Lcuco by bcins rcquiccd to incrcAao the capM:ity of their plant. But no allowaru::o for increase of plant shall be made if the joint detwLnd from ,he said land referred to in this Lease and any other lands to bci leased wider any Exclusive Permission or Permissions that may be ar.ii,ntM th"' T '!'111.VW. ..t.-- nnt tn8"'th111Y' ,.,y,._.i 1n.l'VVl tnn" a y•11.r l<'n" the purposes of this Clause plant includes equipment and the necessary - facilities. ...... ,. l\unl5h (2) To assist in arriving at tho oommorcial value aforesaid the Lcsscc shall furnish for the confidential information of the Preiiident and information. arbitrators if so required partiQlllars of the quantities descriptions and prices of such Bauxite or other products thereof if any sold to other customers and of charters entered into for freight and shall exhibit to the President origina\ or authenticated copies of contracts or chartor•partics cntoml into for sale or treightagc of such bauxite or othor products thereof if any. Ourina Wat (3) ln time of war or national emergoncy of the ex.istence of which the President shall ho the sole judge the Lossoo shall not withoiit the por.. ......., no bawd10 t.o beauppu.d. permission to mission in writing of the ~dent or his representative tlm had and obtained supply either directly or indiroctly any baux.ito from the said any alico. land or the resulting products thereof if any whothor the samo shall for the time being be in Guyana or elsewhere to any alien. The President shall be at lib.rty ifM tbinb fit to prohibit abiiolu\e'ly or subjO<;!t to ,u.cb con.ditiom: and roatrictions a.a be may th.ink fit the removal from Ouyana of any bauxito or tho product& thereof, Ptuide:D.1·, (4) For the purpose of tb.ia Cla.usc, the: ~\dent ma:y appoint as l"«»'CICl)tativc. his mpreseniative any JVftOII. M corporation or oftioor under the name of his office whether in Guyana or elsewhere and either generally or for a particular purpose. - ......... Power to ........ Louoand 18. (1) If at any time after the expiration of two years from the date horoof tho avoragc annual amount or baux.ito extracted by tb.e Les.sco under these ~ t s shall nQl cxc::ood in the whole annum during tho them. next five ycars and .... -.. .. ..tons per tons per annum in tho eighth and ovory subsequent year of the ,aid totm on the ovorago of ""1 ilvv W..__,,\lf.h'i:; ftA.H 11t t.bo Mid tc»:m or )n ilio (IYGllt of •-V of ~ provisions hereof not being cotnpliod with within three calendar moo.tbs after the Commission.er shall bavo given. tho Lessco writton notice of default in compliance: thorowith or if any of tho other t.erms and condi- tiortll hnn oontainod and on tho :oa.rt of the Lessee to bo performed or obsorvod are not complied with or if the rent and royalty payable bore- under or either of them or any part thorcof rospoctivoly sball ai any timo be in arrear and unpaid for six: calendar months aftor the same aball be payable wbcth« the same shall havo boon legally demanded or not then and ill any such case it ab.a.II bCJ lawful for tbe t.csaor ln his absolulCI and 1111.COntrolled diOC10tion oltholl&h ho may not have tak.. advantage of ,ome pnvio-. default of • liko nature by writing under his hand to Mjning Cap. 65:0l 133 -] dotermino this J..ea&c and au the liberties, powers and pnvileges hereby granted and (if and so far as it may be necessary to recover poSSC1$sion of the said demised premises or any part thereof) to re-enter on the said lands and to take possession of the same and all buildings erections machinory plant and materials thereon without paying WL)' oompcmoo.tion for buildinp or machinery or structures erected by or plant or materials of the Lessee on the said lands without prejudice to any right of action or remedy which shall have accrued to the President in respect of any antecedent breach hy the l.essee nf any of the cnvenants conditions or provisions herein contained, but the Lessee shall be entitled subject to the payment of all sums due a.t the time to the State thereafter to remove all erections plant material and things belonging to the Lessee on the said lands. A Certificate unde'l' the hand or the Minister that the l.e.isor has dot.ermined tho Lease shall be accepted in all Courts of Law as su.tticient ev.idoncc ot ·the fact without verification of the signature of the Minister. (2) Without prejudice to any obligation or liability imposed by or incurred under the terms and conditions of this Lease, the provisions of the preceding subolau~ relating to the power of the Lessee to determine this Lease for failure by the Leaseo to extract the requisite average annual amount of bauxite within the periods stated shall be inoperative from and aftor dio date OD which the Lossee llha1J to the Mtisfaction of th~ Com.. mtss10ner 01 ueo1og1ca1 :surveys ano Mines crec1 or caw;e w tJe tm,t;IOd. 1n Ouyana a, plant or plants with a capacity for washing and drying an .aggregate: of at least fifteen thousand gross tons of bauxite ore per annum. 19. At the expiration or j;OOner determin~rion of the i.aid tl.'n"n\ thl!! ~ to Lessee will quietly yield and deliver up the said demised premises togt:ithcr ~ up the with all additions and improvements on the said lands: ~tioo Provided however that the Lessee may at any time within tweJve of t.cnn with .calendar months after the determination of the said term remove any =:V: buildings machinery or structures erected by the Lo&seo on the said lands macbincry, but so that such buildings or maohinery or strUCtUrC'S crcctcd on. the said lands shall not be removr.d so long as tho Lesscci Ui indebted. to the 'State for tant or royalty. 20. It shall be lawful for any officer authorised in that behalf by tho Power to Minister or the Commissioner to enter upon the said land at such times as ~ !'Orb may be reasonable to inspect the boundary lines boards tablets and posts ~ placodthorcon. 21. The Lessee paying the rent and other sums of monoy hmby reserved Provision ror and perfonning all tho covenant.a and conditions t.o be by the I..Msoc quitt CQioy- obscrvod and fulfillod hereunder shall and may peaceably and qui~ ~;~ possess and enjoy thct premises hereby demised without any hdetfwcnco by the Lessor or any person claiming to be lawfully acting under him. 22. The Lessor win at tho reciuest of the Lessee do and cxocute all such Further acts deods and things for further and m.,. perfectly assuring the said "'"""""'· J.34 Cap, 65:01 (Sw,,ldw,] premises rights and privileges unto the Lessee in manner aforesaid as may be reasonably requested. RcCii;ipt of 2J. The rc0C1pt ot any rent or othct moneys by or on the part of the· mu not 10 Commissioner or Accountant General or the Lessor shall not be construed waive breach ot wvcrw:tt. as a waiver of any antocedont or then subsisting brea.ch of any of the· covenants or agreements on the part or the Lessee herein contained or lmvliW u1 vfa.uJ 1itsli~ u1 •i;;;mWiga vrdw lNa:wr 1.,y vi1tu'-' ofoi- In "on.n-....- tion with any such broach. Notices. 24. Any notice or direction.JD bet given under these presents or relating ,o the aa1'1 land may m acldlUon to any omer mctnoa 1or me Ume wing authorised for serving the same be given to the Lessee by leaving the same· at the IMsco's Registered Office for the time being in Guyana or by leaving the same with their Local Manager or Local Repl'OSOl\tative for the Jim• being and any notice so left s:hall be deemed to hltve beert ~ven aL ,ho timo it was so loft. Mirtl,ter not ZS. Nothing herein eo11tained shall impose any personal liability on· to bo J)fl'lem· ihc Leas.or or on a..ny pcuon persons or corpora.tton ACting undor tho ally liable. authority of tho State. Bauxite. 26. For the purposes of this Lease the expression Bauxite shall include- as well lhc mineral so named every other mineral or like 111lluro wbiwh iu. the opinion of tho Commissioner is of oqual merchantable value or· quality and reforeneos to the mining of Bauxite shall be construed so as to· include ow:ry method by which tho same shall in fact ho won from the· $II.id la.od. Arbitration. 27. Except as provid(d. in Clause 17 hereof every dispute difference or quostion which shall at &11y time arise between the said parties hereto or 1b.Gll s ~ or ailllig.ns Qr any of ihom icnu;:hlng \hct oonm'llCUc»n. meaning or effect of these prosents or any clause heroin containod or tho· rigb,s or liabilities of tho &aid parties mpcctively lltlder those presents or otherwise howsoever in rmll,tion to the promises shall bo referred. to the arbitration of two persons (one to be appointed by each oartY to the· tcfcrencc) or their wnpira and this shall be doomed to be a submission to arbitration within the meanlug of tho Arbitration Act (Cbaptor 7:03 of the Laws of Guyana) or AJJ.Y statutory modification or RMIO.aCtment thereof for the time bc.in.g in force the provisions where0f shall apply· ,-s far as applicable and such ArbJtraoon shall be hokt and oonduotcd in. Guyan.a ac:cordinsIY, 28. In thcso presents tho marginal n.otcs are intended for convenienoc· of reference only and. shall not be taken into ~nsidl:lratiun iu aw.n-ta.i.Wllg. the construction of thcao proacnts or any clause or provision thotoof. Mining Cap. 65:01 135 IN WITNESS whereof tJu, parties hereto have signed those proscnts at the City of Oeorstrt.own on the ..... day O L - - - Jn tho yoar 19 ... , nnd nt.. Aforoso..id ,on the.... .day of. .................. in the year 19 ..... , in the presoncc of the undermontionod witnesses. L.B. President Lessee 'Witnesses to the signature of the Lessee this... ..day of -----19. Recorded thl~-- .... dayoL.. Commissioner of Geological Surveys and Mine,

SECOND SCHEDULE RIP- 3, 11, 19 and 23. TABLE OF FEES $ c. For .filing an application for an. E.xch111ive Permfasfo.n 'or a l.eaie 10 00 For tiling any notice of intended transfer of an Exclusive Per-- mission or a Lease 4 00 For a certified copy of an Exclusive Permission or a Leaso-por pago... ... ... ... ... ... ... ... ... 50 For a certified copy of a diagram attached to an Exclusive Per mission or Lease ••. ... 2 00 For a compass survey of tho boundaries of any area for which an Exclusive Permission is applied (exclusive of the cost of cutting boundary tino5)- For the :first 500 acres 50 00 For OV'1fY additional acre up to S,000 acres 02 For every addJtional acre over S,000 acres ... 01 .For a precise &urvey of the bmmdaril'l!I. of any area app1ied for under a Lcaso (including the cost of cutting boundary linos)- Por the first SO acres or part thereof 30 00 .For every additlona.l acre over 50 and up to SOO acres ... lO For ovory additional aero over 500 acres up to 1,000 acres 20 For every additional aero over 1,000 acres 10 Provided th.al where the actual cost of surveying any tract above 1,000 -a.ores exceeds the amount deposited, the applicant sh.all pay tho CX¢CISS cost after survey, and similarly, where the actual cost is less than tbo amount ,,J..,t'y;,ih;J, tl11,, Apvli\..41nl sludl l,,,, \,Ulitl...d lu A 1"1\aud uf llil;I J.1.1t.....~ . nu,, ' actual cost of survey" shall include the surveyor's salary and allowances. 0 LAWS OF GUYANA 136 Cop. 65:01 Mining

THIRD SCHEDULE NOTICB OF INTllNDBD TRANSFER OF PBRMISSlON OR LEASE Guyana, Tho B11.ux.il1:i Miaing Ricigulatiom L ,...of _ _ __ i.ntcnd to tra.nafer to ... . ............or,,., . • --------- of my :Ci: 8haml right, title, and interest in and to the foUowing hrmission,~--- tramfertcd. (Slgn,d) - - - - - - - Transferor Accepted by me to be held subject to said Regulations. (Signed) ... T,aneferee Registered Address Dated thi1S----·-··..··....day of....... ---19....... reg. 19. FOURTH SCHEDULE CERTIFICATE OF TRANSFER OF PERMISSION OR LEASE BY SALB AT EXECUTION Guyana. The Bauxite Mining Regulations T, the under11lgnOO. Conunissioner of Geological Surveys and Mines, do hereby certify that the tnu1sfcr by sale at execution of_ _ _ __ rights under Perntission No•--- ...date,.,__ _ has been duly f'OCOtded by me in tha Register of Concessions, Leases and Lice11¢1!1S in my Office and Uu,,L----- ,........, .... the purohasor Q.t ex.ocution sale is now the holder of such rights by transfer of such Con- cession, lease ot Licence. Dated at Georgetown, this .. ......................day of Commissioner of Geological Surveys and Mines