Schedule., The Tonkolili Agreement Ordinance

AN AGREEMENT made the sixteenth day of April, One thousand nine hundred and thirty-seven BETWEEN the Crown Agents for the Colonies whose office is at Number 4 Millbank in the City of Westminster for and on behalf of the Government of the Colony and Protectorate of Sierra Leone (hereinafter referred to as " the Government " which expression shall where the context so requires or permits include the Governor for the time being of the said Colony and Protectorate) of the one part and the Sierra Leone Development Company Limited whose registered office is at 24 Old Broad Street in the City of London (hereinafter referred to as " the Company" which expression shall where the context so requires or permits include its successors and assigns) of the other part. WHEREAS- (i) It is desirable to promote the development of enterprises in the Colony and Protectorate of Sierra Leone which will utilise its natural resources. (ii) The Company was in the year One thousand nine hundred and thirty incorporated under the Laws of England as a company limited by shares for the purpose (inter alia) of taking over and working a concession of two leases in the Marampa Chiefdom in the said Protectorate with the deposits of iron ore and other minerals thereunder. (iii) Iron ore deposits of considerable extent have been discovered in the Tonkolili Valley in the said Protectorate. (iv) It is desirable that the said deposits should be explored prospected developed and worked by the Company having regard in particular (a) to the Company's ownership of the aforesaid concession in the Marampa Chiefdom (b) to the fact that the Company has constructed a modern ore shipping installation at Pepel and a railway from Pepel to the aforesaid concession which by an extension of approximately eighty miles from the vicinity of Mafira on the said railway would conveniently and adequately serve any mines opened up in or about the Tonkolili Valley and (c) to the advisability of avoiding redundant capital expenditure and overproduction of iron ore in the said Colony and Protectorate. (v) The Government and the Company have determined to enter into this Agreement with a view to the deposits of iron ore and other minerals and metals in or about the Tonkolili Valley being explored prospected developed and worked and to the said railway extension being surveyed and constructed in manner and upon and subject to the terms conditions and events hereinafter appearing. Now IT IS HEREBY AGREED AND DECLARED as follows- 1. In this Agreement (including the Schedules hereto) the following expressions shall unless the context otherwise requires have the following meanings that is to say:- Expression. " Sierra Leone " " The Governor " " The Crown Agents " Meaning. The Colony and Protectorate of Sierra Leone. The Governor for the time being of the Colony and Protectorate of Sierra Leone. The Crown Agents for the Colonies for the time being. 2106 Cap. 202] Tonkolili Agreement (1937) Expression. Meaning. " The Marampa Concession " The lands comprised in two Leases dated respectively the fourth day of November One thousand nine hundred and twenty-seven and the twenty-fourth day of December One thousand nine hundred and twenty-eight (made originally in favour of the African and Eastern Trade Corporation Limited but now vested in the Company) of territory in the Marampa Chiefdom in Sierra Leone with the deposits of iron ore and other minerals and metals thereunder for terms of ninety-nine years from the dates thereof respectively. " The Railway Extension " The proposed railway from the vicinity of Mafira (on the Marampa Railway) to Keimadugu and/or such other terminus or termini within the Delimited Areas and/or the Demised Areas hereinafter mentioned as the Company may from time to time select or construct. " The Tonkolili Areas " The lands specified in the First Schedule hereto (comprising an area of one hundred and sixty-four square miles or thereabouts). " The Delimited Areas " The lands comprised in the delimitation to be made by the Company and approved by the Government or settled by arbitration pursuant to Clause 5 hereof or such parts thereof as shall not for the time being have been relinquished by the Company under paragraph (c) of Clause 6 hereof. " The Demised Areas " The lands for the time being the subject of the Permanent Lease hereinafter mentioned. * " The Minerals Ordinance " The Ordinance of that name passed in the year 1927 by the Legislative Council and any amendments made thereto prior to the date of this Agreement. "The Minerals Rules" The General Minerals Rules 1928 and any amendments made thereto prior to the date of this Agreement. " All Minerals" All minerals included in paragraphs (a), (b), (c) and (d) of the definition of "Minerals" in Section 2 of the Minerals Ordinance. " Common Boundary " A boundary of any part of the Tonkolili areas or the delimited areas or the demised areas as the case may be which is also a boundary of any adjacent land in respect whereof any exclusive prospecting licence or mining right or lease shall have been or shall be issued or granted by the Government. * Note.-The Minerals Ordinance 1927 is now Cap. 196. The General Minerals Rules 1928 are now the General Minerals Rules. l Expression. Meaning. " Adjacent Owner " The holder of any such exclusive prospecting licence or mining right or the lessee under any such mining lease as last above-mentioned. Where the context so admits words importing the singular shall include the plural and vice versa.