bhp billiton mitsubishi alliance...please turn page for additional details . 9ifb€ter--l-secretary...

33
Brisbane Office BMA BHP Billiton Mitsubishi Alliance Applicant: BHP Coal Pty ltd and Others Central Queensland Coal Associates Joint Venture Participants Thursday, 9 December 2009 The Mining Registrar Department of Employment, Economic Development and Innovation (DEEDI) Queensland Mines and Energy Government Building 99 Hospital Road or PO Box 245 EMERALD QLD 4720 Attention: Mr Ken Goodwin, NMining Registrar, Emerald Mining District Dear Mr Goodwin, MINING LEASE APPLICATION - (RED HILL) Pursuant to section 722E ("Application for a mining lease") of the Mineral Resources Act, 1989, BHP Coal Ply ltd (principal applicant) and Others (Central Queensland Coal Associates Joint Venture Participants), hereby apply for a Mining Lease with part Surface Rights. The area covers EPC 554 and part of MDL 307 and MDL 358. The area applied for will be known as the 'Red Hill' project and is located approximately 30km NNW of the township of Moranbah. The application area covers in part the following parcel of land: Lot No Plan No Tenure Type Owner I property name I feature Area affected (ha areas approx) 3 GV54 Freehold Williams, A.G.H. ("Riverside Station") 397 3 SP199176 Freehold Shaw, G.C. ("Burton Downs Station") 831 4 A SP174465 TL 0/212095 Williams, A.G.H. ("Riverside Station") 135 4 SP199176 Freehold Peabody Energy Australia Coal Pty Limited & 2,861 Mitterb Pty Limited 8 RP903902 Freehold Shaw, G.C. ("Red Hill Station") 304 13 RP852571 Freehold RAG Australia Coal Pty Limited & Thiess NG 41 Pty Limited ("Red Hill Station") 17 A SP156189 Freehold Williams, A.G.H. ("Riverside Station") 3,176 18 A SP208194 Pastoral Williams, A.G.H. ("Broadmeadow station") 1,219 Holding - PH 0/221638 - - Feature Isaac River 8 - - Red Hill Road Isaac Regional Council 123 Various Roads Isaac Regional Council 50 BM Alliance Coal Operations Pty Ltd ABN 67 096 412 752 Riparian Plaza, 71 Eagle Street, Brisbane, Queensland 4000 GPO Box 1389 Brisbane Queenslanc 4001 Australia Tel + 61 7 3226 0600 Fax +61 7 3229 2575 BM Alliance Coal Operations Pty Ltd is a jointly-owned entity of BHP Billiton Limited and Mitsubishi Development Pty Ltd

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Page 1: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

Brisbane Office

BMABHP Billiton Mitsubishi Alliance

Applicant:BHP Coal Pty ltd and OthersCentral Queensland Coal Associates Joint Venture Participants

Thursday, 9 December 2009

The Mining RegistrarDepartment of Employment, Economic Development and Innovation (DEEDI)Queensland Mines and EnergyGovernment Building99 Hospital Road orPO Box 245EMERALD QLD 4720

Attention: Mr Ken Goodwin, NMining Registrar, Emerald Mining District

Dear Mr Goodwin,

MINING LEASE APPLICATION - (RED HILL)

Pursuant to section 722E ("Application for a mining lease") of the Mineral Resources Act, 1989, BHPCoal Ply ltd (principal applicant) and Others (Central Queensland Coal Associates Joint VentureParticipants), hereby apply for a Mining Lease with part Surface Rights. The area covers EPC 554and part of MDL 307 and MDL 358.

The area applied for will be known as the 'Red Hill' project and is located approximately 30km NNWof the township of Moranbah.

The application area covers in part the following parcel of land:

Lot No Plan No Tenure Type Owner I property name I feature Area affected(ha areasapprox)

3 GV54 Freehold Williams, A.G.H. ("Riverside Station") 397

3 SP199176 Freehold Shaw, G.C. ("Burton Downs Station") 831

4A SP174465 TL 0/212095 Williams, A.G.H. ("Riverside Station") 135

4 SP199176 Freehold Peabody Energy Australia Coal Pty Limited & 2,861Mitterb Pty Limited

8 RP903902 Freehold Shaw, G.C. ("Red Hill Station") 304

13 RP852571 Freehold RAG Australia Coal Pty Limited & Thiess NG 41Pty Limited ("Red Hill Station")

17A SP156189 Freehold Williams, A.G.H. ("Riverside Station") 3,176

18A SP208194 Pastoral Williams, A.G.H. ("Broadmeadow station") 1,219Holding -

PH 0/221638

- - Feature Isaac River 8

- - Red Hill Road Isaac Regional Council 123

Various Roads Isaac Regional Council 50

BM Alliance Coal Operations Pty Ltd ABN 67 096 412 752Riparian Plaza, 71 Eagle Street, Brisbane, Queensland 4000 GPO Box 1389 Brisbane Queenslanc 4001 Australia

Tel + 61 7 3226 0600 Fax +61 7 3229 2575BM Alliance Coal Operations Pty Ltd is a jointly-owned entity of BHP Billiton Limited and Mitsubishi Development Pty Ltd

Page 2: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMABHPBillilon Milsubishi Alliance

'-- IL- ---l.I_~_:_~_~m_us_e_nt_s__I_- L o_1

The area applied for also abuts the eastern boundary of Mining Lease Application No. 1763, a CentralQueensland Coal Associates Agreement Act, 1968, granted mining lease which is held by theapplicants and down-dip of the Broadmeadow underground mine.

The total area of the Mining Lease is 8,841.9ha and Surface Area required is 4,726.6ha.

Also included with the Mining Lease application is a duly completed Coal Seam Gas LaterDevelopment Plan (Goonyella Riverside - Broadmeadow Mine amended copy) and an Application forAmendment of Environmental Authority (Mining Activities) as required under s.240 of theEnvironmental Protection Act, 1994.

A BHP Coal pty Ltd drawn cheque to the sum of $860 is enclosed, being the Mining Lease applicationfee of $149.40, Amended Initial Development Plan fee of $460.60 and the Environmental Authorityfee of $250.00.

Yours sincerely

Robert HODGESenior Tenement Officerp. 07 3226 0444f. 07 3229 2575robert. i. [email protected]

2

Page 3: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMABHP Billilon Milsubishi Alliance

MINING LEASE AND SURFACE AREA APPLICATION"RED HILL"

LOCATION DIAGRAM

M3pping Services Brisblrx

IlIJIIllRtlCll UilWdttAII~ABN61r03412152

7605

7590000

1595000

16

7585 0

,,61500

Figure 1

EPC 951

PL 191CH ~y ltd

G.C. Sh.w

EPC 719

3GV54

·Riv=~side· '----..,....-1A.G.H. WMilms

U.G ~xp nslOl

o Mining Lease ApplicMion

.:.:_ MLA ° ASAA 1

o Mining Lease

o MineflJl Development Licence

o ExpJoratioo PermJ Coal

o Petroleum Lease

Filename: 20090520·1.mxd

'l

~9~()-;'/,/

Minedsre8

EPC 722

ML ApplicationRed Hill8,841 ha

Ome: Oct 2009 R.vlslon: Nov 09

ML APPLICATION, RED HILLLOCATION MAP

3SP199176

FH-Burton DownsG.C.S~w

-~-j,f-""';'--~tun> j c ",slon

-+--+-ASAA 14,726 ha

Ch.cked: R.Hod •DrMWI: RRM

ACP846331

EA 3<r,.....__,1- -t"....,.="-,-,,,--,."t'"

_.~

605000 ..... ' ooסס61 615000f "'-.J- I 8 7610000

or RP903902 EPCAFH 1636

EPe-55<f"Red Hill-

EPCAG.C. Shaw EPC6821636

Transverse Mercater Prqedion.AM3 Zone 55. AGD84 Datum.

ML694910SP2171Ql

FHO~n.m Park

D.V. &R.A.

K.""

III

16050

3

Page 4: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

:11bhpbiLliton

BHP COAL PTY LTD A.C.N 010 595 72155 Grenfell St, Adelaide, Australia, 5000

Phone: 1800247772 or + 61 881125000

REMITTANCE ADVICE

Date:Vendor:Payment Document:

28.10.20094000612 DEPARTMENT OF MINES AND ENERGY3050388699

Payment is made on behalf of BM Alliance Coal Operations Pty Ltd

Our Ref Your Ref. Date Inv. Amount Deductions Net Amount

3150036502 211009 21.10.2009 860.00 0.00 860.00NL/EA Appin - Red Hill Area

Sum total 0.00 860.00

Detach before banking: 109458

:11bhpbiLlitonDate

Australia and New Zealand Banking Group Limited324 Queen Street Brisbane QLD 014-002

I 28.10.2009 I Tens of Millions Hundreds of Tens of Thousands Hundreds Tens Units Cents

Millions Thousands Thousands

Pay the

Sum of *ZERO * *ZERO * *ZERO * *ZERO * *ZERO * *EIGHT* *SIX * *ZERO * 00

Dollars

For and on behalf of

8HP Coal Pty Ltd

ACN 008 519 319

ABN

Disbursement Account

~, /./ ..;/ 4'.~..-;;/ ''r/.~.. 6' .

A(~:f----- ,/:1'1:, 11:'-{ ." .... --~~-------~-------------_. --:..--_......_------"

Ta the order of

DEPARTMENT OF MINES AND ENERGYPO Box 15216CITY EAST OLD OLD 4002AUSTRALIA

AUD $ *********860.00*

Page 5: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

ATTACHMENT

APPOINTMENT OF AGENT

We the undersigned officers for SM Alliance Coal Operations Ply Ltd ("SMA", underPower of Attorney No. 707957220, hereby appoint Mr Dennis McCowan, Land andAccess Manager for SMA as agent on behalf of the company for the purpose of lodgingmining tenure applications within the Emerald Mining Registrar.

BM ALLIANCE COAL OPERATIONS PTY LTD as manager and agent on behalf of theCentral Queensland Coal Associates Joint Venture participants, with authority to bind each ofthe participants in proportion to their respective participating interest in the Joint Venture.

SIGNED by BM ALLIANCE COAL OPERATIONS PTY LTD (ABN 67 096 412 752) as theduly constituted attorney of BHP Coal Pty Ltd (ABN 83 010 595 721), Umal Consolidated PtyLtd (ABN 29 000 767 386), BHP Queensland Coal Investments Pty Ltd (ABN 56 098 876825), Mitsubishi Development Pty Ltd (ABN 17 009 779 873), QCT Investment Pty Ltd (ABN45 010487831), QCT Mining Pty Ltd (ABN 47 010487 840) and QCT Resources Pty Limited(ABN 74 010 808705) under registered power of attorney no. 707957220. BM Alliance CoalOperations Pty Ltd declares that it has not received any notice of revocation of its power ofattorney.

SIGNED by BM ALLIANCE COALOPERATIONS PTY LTD in accordance withsection 127(1) of the Corporations Act 2001(Cwth) by authority of its directors:

J. OBERHOLZER

......../~ .~:/ SecretaryName: Jill M. BUCKLE

Dated in Brisbane this day of 2009

BHP GOAL PTY LTO & OTHERS (G.a.G.A. Joint Venture Group)

BHP Billiion Milsubishi Alliance

Page 6: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

ATTACHMENT

APPOINTMENT OF AGENT

We the undersigned officers for BM Alliance Coal Operations Pfy Ltd ("BMA", underPower of Attorney No. 707957220, hereby appoint Mr Paul Shaw, Chief Surveyor forPeak Downs Mine (BMA) as agent on behalf of the company for the purpose of lodgingmining tenure applications within the Emerald Mining Registrar.

BM ALLIANCE COAL OPERATIONS PTY LTD as manager and agent on behalf of theCentral Queensland Coal Associates Joint Venture participants, with authority to bind each ofthe participants in proportion to their respective participating interest in the Joint Venture.

SIGNED by BM ALLIANCE COAL OPERATIONS PTY LTD (ABN 67 096 412 752) as theduly constituted attorney of BHP Coal Pty Ltd (ABN 83 010 595 721), Umal Consolidated PtyLtd (ABN 29 000 767 386), BHP Queensland Coal Investments Pty Ltd (ABN 56 098 876825), Mitsubishi Development Pty Ltd (ABN 17009779873), QCT Investment Pty Ltd (ABN45 010 487 831), QCT Mining Pty Ltd (ABN 47 010 487 840) and QCT Resources Pty Limited(ABN 74 010 808 705) under registered power of attorney no. 707957220. BM Alliance CoalOperations Pty Ltd declares that it has not received any notice of revocation of its power ofattorney.

SIGNED by BM ALLIANCE COALOPERATIONS PTY LTD in accordance withsection 127(1) of the Corporations Act 2001(Cwth) by authority of its directors:

n J. OBERHOLZER

.~~ .. / Secretary

N me: Jill M. BUCKLE

Dated in Brisbane this day of 2009

BHP GOAL PTY LTO & OTHERS (G.Q.G.A. Joint Venture Group) BMABHP Billilon Milsubishi Alliance

Page 7: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMIBHP Billiton Mitsubishi Alliance

Applicant:BHP Coal Ply Ltd and OthersCentral Queensland Coal Associates Joint Venture Participants

9;~-f- Np."Efriiber 2009

The Mining RegistrarDepartment of Employment, Economic Development and Innovation (DEEDI)Queensland Mines and EnergyGovernment Building99 Hospital Road orPO Box 245EMERALD QLD 4720

Dear Sir

Brisbane Office

WRITTEN CONSENT OF THE LANDOWNER FOR ENTERING LAND FOR PEGGING PURPOSES

I / We the undersigned hereby give consent to BHP Coal Pty ltd as the principal applicant for theCentral Queensland Coal Associates Joint Venture participants, being;

• Umal Consolidated Pty Ltd;• BHP Queensland Coal Investments Pty Ltd;• Mitsubishi Development Pty Ltd;• QCT Investment Pty Ltd;• QCT Mining Pty Ltd; and• QCT Resources Pty Limited

to enter onto the described land under approved Prospecting Permit (No. 73439) for the purpose ofpegging and as described under section 19(2) - ("Consent required to enter certain land") of theMineral Resources Act 1989.

The mining lease area is approximately 9,159ha covering EPC 554, MOL 307 & 358 which are heldby the applicants - see attached diagram.

Lot No Plan No Tenure I Name Title Reference

2 SP214117 Freehold - "Dabin" 17668026

SIGNED by BHP MITSUI COAL PTY LTO inaccordance with section 127(1) of the CorporationsAct 2001 (Cwth) by authority of its directors:

Please turn page for additional details . 9ifB€ter--l- SecretaryN me: Jill M. BUCKLE

BM Alliance Coal Operations Pty Ltd ABN 67 096412752Riparian Plaza, 71 Eagle Street, Brisbane, Queensland 4000 GPO Box 1389 Brisbane Queensland 4001 Australia

Tel + 61 7 3226 0600 Fax +61 7 3229 2575BM Alliance Coal Operations Pty Ltd is a jointly-owned entity of BHP Billiton Limited and Mitsubishi Development Pty Ltd

Page 8: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMIBHP Billiton Mitsubishi Alliance

Applicant:BHP Coal Pty ltd and OthersCentral Queensland Coal Associates Joint Venture Participants

November 2009

The Mining RegistrarDepartment of Employment, Economic Development and Innovation (DEEDI)Queensland Mines and EnergyGovernment Building99 Hospital Road orPO Box 245EMERALD QLD 4720

Dear Sir,

Brisbane Office

WRITTEN CONSENT OF THE LANDOWNER FOR ENTERING LAND FOR PEGGING PURPOSES

I / We the undersigned hereby give consent to BHP Coal Pty Ltd as the principal applicant for theCentral Queensland Coal Associates Joint Venture participants, being;

• Umal Consolidated Pty Ltd;• BHP Queensland Coal Investments Pty Ltd;• Mitsubishi Development Pty Ltd;• QCT Investment Pty Ltd;• QCT Mining Pty Ltd; and• QCT Resources Pty Limited

to enter onto the described land under approved Prospecting Permit (No. 73439) for the purpose ofpegging and as described under section 19(2) - ("Consent required to enter certain land") of theMineral Resources Act 1989.

The mining lease area is· approximately 9,159ha covering EPC 554, MOL 307 & 358 which are heldby the applicants - see attached diagram.

Lot No Plan No Tenure I Name Title reference

3 SP199176 Freehold I "Burton Downs" 50781962

Signed by: G.C. Shaw

Witnessed by:

Please turn page for additional details .

.. ~c./f~, ..dated .l..J / .LI- / 2009

O~111 rt.-.....L~ ~ .

BM Alliance Coal Operations Pty Ltd ABN 67 096412752Riparian Plaza, 71 Eagle Street, Brisbane, Queensland 4000 GPO Box 1389 Brisbane Queensland 4001 Australia

Tel + 61 7 3226 0600 Fax +61 7 3229 2575BM Alliance Coal Operations Pty Ltd is a jointly-owned entity of BHP Billiton Limited and Mitsubishi Development Pty Ltd

Page 9: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMABHP Billilon Milsubishi AIUance

MLA "RED HILL" - LOCATION DIAGRAM

[§] Mining Lease Application

1- -IMLA-ASAA 1--o Mining Lease

o Min"",1 Deve/opmenl Licence

o Explo",tion Permt Coal

o Petroleum LttlJstJ

Minedaf8B

7590000

7600

Figure 1

7595000

7605

10v

EPC951

G.C. Shaw

AJenInlI: 20090520-1.mxdoatl: oct 2009 R,vislon: Od 09

18SP20B194

II-arDllctnellOOW·AG.H. W.I1ioms

EPC 1052 EPC 719

610

8RP903001

FH'RodHlr

G.C. SMw

3GV04

FH~iverside·

A. G. H. WII'.i8ms

EPC 722

ML ApplicationRed Hill9,159 ha

EPC 985

ML APPLICATION, RED HILLLOCATION MAP

3SP199176

FH-Burton Downs

G.C. Shaw

Chodcod: R.HodDI'8'M1: RRU

EPC 706

----

---=~..:.......~*~~r-ASAA 15,044 ha

Tran.......se Mercator Projedion.AMG Zone 55. AGD84 Datun .

Blf'Bililonlit!d:lBIIAlIWKl!....aNfJ!0!S.(12752

M"P~SlrvfcesBrisblne

--

2

Page 10: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMABHP Billiton Mitsubishi Alliance

Applicant:BHP Coal Pty Ltd and OthersCentral Queensland Coal Associates Joint Venture Participants

November 2009

The Mining RegistrarDepartment of Employment, Economic Development and Innovation (DEEDI)Queensland Mines and EnergyGovernment Building99 Hospital Road orPO Box 245EMERALD QLD 4720

Dear Sir,

Brisbane Office

WRITTEN CONSENT OF THE LANDOWNER FOR ENTERING LAND FOR PEGGING PURPOSES

I / We the undersigned hereby give consent to BHP Coal Pty Ltd as the principal applicant for theCentral Queensland Coal Associates Joint Venture participants, being;

• Umal Consolidated Pty Ltd;• BHP Queensland Coal Investments Pty Ltd;• Mitsubishi Development Pty Ltd;• QCT Investment Pty Ltd;• QCT Mining Pty Ltd; and• QCT Resources Pty Limited

to enter onto the described land under an approved Prospecting Permit (No. 73439) for the purposeof pegging and as described under Part 18A (s.722 .. ) of the Mineral Resources Act 1989.

The mining lease area is approximately 9, 159ha covering EPC 554, MDL 307 & 358 which are heldby the applicants - see attached diagram.

Lot No Plan No Tenure Name

3 GV54 Freehold "Riverside"

17 SP156189 Freehold "Riverside"

18 SP208194 Pastoral Holding "Broadm eadow"

//~/¢k~··~~r··:·················

Signed by A.G.H. Williams ))))) dated~ / -.iL / 2009

Please turn page for additional details .

BM Alliance Coal Operations Ply Ltd ABN 67096412752Riparian Plaza, 71 Eagle Street, Brisbane, Queensland 4000 GPO Box 1389 Brisbane Queensland 4001 Australia

Tel + 61 7 3226 0600 Fax +61 7 3229 2575BM Alliance Coal Operations Ply Ltd is a jointly-owned entity of BHP Billiton Limited and Mitsubishi Development pty Ltd

Page 11: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

BMABHPBillilon Milsubishi Alliance

Witnessed by: ))

OdM {_.../ll. ..~ .

MLAs "RED HILL" - LOCATION DIAGRAM

7590000

Figure 1

10V

PL 191CH4 Ply Ud

G.C. SIHIw

8RPOO3902

FH-Red Hi."G.C. ShtIw

EPC 1052 EPC 719

[§] Mi1ng Lease Application

.::IMLA-ASAA 1o Mining Lease

o Mineral Development Licence

o Expbratioo Perml Coalo Petroleum Lease

Minf!K1a"'lJ

.J 610000

61

MLAPPLICATION, RED HILLLOCATION MAP

3SP199176

FH"Burton Downs

G.C. Shew

0raYm: RRM DaI.: Oel 2009 Revision: Od 09ChKktd: R.H fItnIm,: 2009052o.1.mxd

ACP846331

EA 3Io""""".i::l,,.--I~_

1.-....-....-~.=;.....-,~

TranS\1!fSe Me<cator Pn:jection.AMG Zone 55. AGD84 Dallm.

TOO

ML 179

I

J"L69~

IEPC 722 EPC 951. ML Application

Red Hill9,159 ha

......;..;.;~j<---+-Future U.G. layout. - -P':" ~ Stan Upper Seam 2010,2lH '"\ finish Lower Seam 2105

~

10sn1710t

FHO."hamPat1tD.v. &R.A

K.""

3GV""

FH 7595000"Riv.side-

A.G.H. WlI.wm.s

~U{==:::IT:~;!i.-ASAA 15,044 ha

,EPC985

--

BMI8Ifl8llrbliitsltJi1l1l.1lmoe

A8r167QX~12i'52

Mlpping Services Brisbllne

7610000

7&050

2

Page 12: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

QueenslandGovernment

EP/MDL No:

(OFFICE USE ONLY)

Queensland Mines and EnergyDepartment of Employment, Economic Development and Innovation

www dm e.q1d.gov.au ABN 24 830 236 406

NOTICE OF INTENTION OFENTRY ON OCCUPIED LAND

Section 163, 164, 211, 212Mineral Resources Act 1989

Form Number MRA-12 Version Number 2

GUIDE FORAPPLICANTS

The completed original of this notice and any attachments must be submitted to the landowner.

If form is to be completed by hand please print clearly in ink and use block letters.

~'-----

wner of the Land 1.1 Peabody Energy Australia Pty Limited andMitterb Pty Limited

~ Goonyella North Mine via

MORANBAH QLD 4744 or

GPO Box 164

Brisbane Queensland 4001

Address

Address

Name of Owner of the Land

Name of 0

2. I/WE

1. TO THE OWNER OF THE LAND

This notice must be served at least fivebusiness days and not greater than 15business days (or such shorter periodas is acceptable to the owner of theland and endorsed hereon) beforeentry is made for renewing entry.

A copy of the notice MUST be givento the relevant Mining Registrar.

This notice must be served at leastfive business days (or such shorterperiod as is acceptable to the ownerof the land and endorsed hereon)before entry is made for inttial entry.

If insufficient space relating to anyquestions - please attach a separatepage.

Sections 163, 164, 211 and 212 of theMineral Resources Act 1989 requirethe holder of an exploration permit or amineral development licence to giveowners of land written notice of entrybefore entry is made under the permitor licence.

Question 1.1Specify the name of the land owner.

Question 1.2Specify the address of the land owner.

2.1 I Name(s)

BHP Coal Pty Ltd and Others - C.Q.C.A. Joint Venture participants

GPO Box 1389

BRISBANE QLD 4001

Question 2.1Specify the full name of each holderand a contact phone number.

Question 2.2 and 2.3Enter details of tenure requiring thisnotice of entry.

being the registered holder(s) of

Tick Number

Mineral Coal2.2 Exploration Permit 0 r:gJ 554

2.3 Mineral Development Licence r:gJ 307 & 358

Question 2.4Enter expiry date.

~ give notice of my/our intention to enter upon and undertake exploration on

o renew my/our notice of entry which expires on El on

Page 13: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

GUIDE FORAPPLICANTS

Question 2.5Enter property details. (eg. Lot 5 onRP125251)

Question 2.6Enter the date the period willcommence from.

Question 2.7Enter the date the period will~on.

Question 3.1Provide details of specific activities tobe conducted (e.g. drilling, trenching,coSteaning, etc.), the equipment to beused (e.g. hand auger, vehicle­mounted drill, excavator, etc.), andwhere the activities will occur (e.g. NWcorner).

Question 3.2Enter timeframe required to. undertakeyour proposed activities.

Question 3.3 to 3.6Enter name and contact details for alocal contact.

2

your land described as

~ Lot 4 on SP 199176 freehold land known as "Red Hill Station"

for the period commencing from B 1_1_1_2_1_2_0_0_9__--.J1 and expiring

on 8'---__2_8_1_2_1_2_0_1_0_----.JI

3. PROPOSED ACTIVITIES

Description of proposed activities.

..."to enter onto the described land (Lot 4 on SP199176) for the purpose ofpegging (placing posts) for a mining lease application over areas covered byEPC 554, MOL 307 & MOL 358"

When will proposed activities be carried out?

~ Week commencing 1 December 2009 or before if consent is given byPeabody1M itterb

Name of Local Contact E Denny McCowan (Land Access Manager)

0417792135 or [email protected]

Address ~ C/- Mackay Supply

MACKAY OLD 4740

E1 Phone Number

EI Fax Number

I(07) 49693158

I(

Question 4.1Enter the name of the place where theapplication was signed, the day of themonth, the month and the year whenthe form is signed.

Question 4.2'Insert full name and title of holder(s).

Question 4.3Signature of holder(s).

4. SIGNATURE OF HOLDER(S)

I 4.1 Signed at Moranbah this 20th day of November ,2009 I14.2 Doug Dunn 4.3 I ~ I

Ii~anager Geological Services

~l------FL----

Page 14: BHP Billiton Mitsubishi Alliance...Please turn page for additional details . 9ifB€ter--l-Secretary N me: Jill M. BUCKLE BM Alliance Coal Operations Pty Ltd ABN 67 096412752 Riparian

3GUIDE FORAPPLICANTS

Full name and title of Holder(s) Signature

LANDOWNER TOCOMPLETE

5. ACCOMPANIMENTS

Question 5.1Tick the appropriate boxes to indicatecompliance.

The following must accompany this form:

5.1Tick

• Copies of the Code of Conduct or Practice ~

• Any statement previously given to the Minister about Denvironmental protection and land rehabilitation

6. LANDOWNER ENDORSEMENTS

IM/eQuestion 6.1The Mineral Resources Act 1989requires at least five business daysnotice prior to entry. This notice ofentry is valid for a period of threemonths and there is a furtherrequirement to seek your consent forperiods greater than this.

If you as the landholder accept ashorter timeframe and/or accept anextension to the notification period.note your details here being the owner(s) of the described land upon which entry is sought, hereby

,2009day of Novemberthis

7. SIGNATURE OF LAND OWNER(S)

Tick

Daccept a shorter period of B Ibusiness days for this

6.2

Notice of Intention of Entry to be served upon me/us;

consent to a longer period than the three month expiry limit prescribed,

6.4 D such period being from EI I I Iand

expiring on B I I I·

EI Signed at

~~__I~l----_

Question 6.2 and 6.4Tick the appropriate box and enter theappropriate fields - For Question 6.3.note the accepted shorter timeframe.For Question 6.5 and 6.6, note theaccepted longer expiry period.

Question 7.1Enter the name of the place where theapplication was signed, the day of themonth. the month and the year whenthe form is signed.

Question 7.2Insert full name and title of LandOwner(s).

Question 7.3Signature of Land Owner(s).

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4

9r------P---9 I~_·J

9 p---

GUIDE FORAPPLICANTS

MINING REGISTRAR TOCOMPLETE

Questions 8 and 9If the holder satisfies the MiningRegistrar it is impracticable to giveeither the owner or occupier notice ofthe intended entry, the MiningRegistrar may dispense with the needto give notice.

However, the Mining Registrar mayrequire the holder to take action topubliclse the proposed entry (e.g.publishing an advertisement in anewspaper or other publication). Full name and title of Land Owner(s) Signature

Question 8.1Insert the Mining Registrar's full name.

Question 8.2Enterthe name of the Mining District

8. MINING REGISTRAR ENDORSEMENT

B I' Mining Registrar for

~================~the B IMining District being

'--------------------satisfied that it is impracticable to serve on the owner of the land described herein

this Notice of Intention of Entry, hereby certify that the obligation to so serve

such notice to be dispensed with.

Tick

9.1 Advertised in D Newspaper D Other D Not Required

9.2 Specify:

Question 9.1 and 9.2Specify what type of action was takento publicise proposed entry.

9. ACTION TAKEN TO PUBLICISE PROPOSED ENTRY

Question 10.1 to 10.3Enter the name of the place where theapplication was signed, the day of themonth, the month and the year whenthe form is signed.

Question 10.4Insert full name of Mining Registrar.

Question 10.5Signature of Mining Registrar.

Oiscl;:llrn(:!

: h.'

10. SIGNATURE OF MINING REGISTRAR

Dated at

EI Iday of EI ,20 ·1EI 131.--..-- 1

Full name of Mining Registrar Signature of Mining Registrar

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e( Queensland Government\~- Environmental Protection Agency

Department of Mines and Energy

Common application details -Mining tenement and environmental authority

ABN (DME): 97 147068931

ABN (EPA); 87 221 158 786

1 January 2001Page 1 of 1

~#~V?~ Dme

~ -------~".i Received at ! Fee lodged / Account Code ! Entered on register by i EPA District

1... 1 $... · · I.. J!!?,!!!9.!:SJ... + !! time am/pm : Receipt No. : on (date) ! Project No. !L~~.~~ .!... .!... .I. 1 / ./ ~ ·1i by (initials) i DME District i Tenement No. : EA No. it .! L .1 .!

Version 1

Important information for applicants

This form asks for common applicant details for the application for a mining tenement (Mineral Resources Act 1989) andapplication for environmental authority [Chapter 5, Environmental Protection Act 1994 (EP Act)].

Oetails entered here will be considered as part ofyour application for the mining tenement and the environmental authority.

Please note: Information entered here would generally be available, upon request for public viewing and copying. However,you may apply for exemption from disclosing information contained in a document submitted, or proposed to be submitted withh' ".. L tt f 564 fth EP A t) b A f f f, 0'" E f f,t IS app Icatlon pursuan ose Ion a e c yan pplca Ion or Iscosure xemp Ion arm.

Guide1 Name of principal applicantWhere there is more than one

applicant, please nominate Name

one ofthe applicants to act on BHP COAL PTY LTO (ABN 83 010 595 721)your behalf. The principalapplicant can be a person, or

2 Contact details for principal applicantregistered entity, nominatedby all applicants, upon whom Registered business address

any correspondence or notice 'Riparian Plaza'is to be served. The company Level 23name must be a legal entity (it 71 Eagle Streetmust not be a business trading BRISBANE QLO 4000name).

Postal address (where different)

1To appoint a principal GPO Box 1389

applicant (under the BRISBANE QLO 4001

Environmental Protection Act1994) complete an

!TelePhone

I I~~7) 3229 2575 IAppointment or CancellationofAppointment ofPrincipal (07) 3226 0754Applicant form.

IE-mail

The registered [email protected]

address provided for the3 Responsible person for principal applicantprincipal applicant should be

the head office location, or INameresidence, ofthe principal Peter A. Roeapplicant, for the purpose of

Position (ie CEO, Director, Manager etc)...........: .....~ .... """~: ..........

Where there is more thanManager Environment

one applicant, this form is toPrincipal applicant's signaturebe signed by the person 4

authorised to sign on behalfof all applicants (ie. the

..~.~.t.~r..A.: ...!3.9.~ .......................................................................................~.§i.~.9..g~r.. ..~.~.Y.. !r..9..~.~.~.~~ .........................................)...........principal applicant).Where the applicant or Printed name Position (eg Owner, CEO, Partner, Manager etc

principal applicant is a

cL,company, this form is to be7 ......~~:!l~ .....?.Q.Q~ ............................. .... ....... ........................................

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Queensland GovernmentDepartment of Mines and Energy

ML No.

(Office Use Only)

www.dme.qld.gov.au ABN 98 628 485 885

APPLICATION FOR MINING LEASESection 245

Mineral Resources Act 1989Form Number MRA-15 Version Number 6

If form is to be completed by hand please print clearly in ink and use block letters.

1. APPLICANT DETAILS

Note: A document containing information that is false or misleading may attract a maximumpenalty of 200 penalty points.

The completed original plus two copies of this application and any attachments must besubmitted with the prescribed fee at the Office of the Mining Registrar for the mining district inwhich the land is situated.

0.00 %

Percentage El 59.25 %

B~=============================

B~=============================

B=========================================

EI;:===============================

If Tenant in Common, specify share or interest -

Given Name(s)

If Tenant in Common, specify share or interest-

Given Name(s)

Company Name/Surname B~:::::::::==========================

If Tenant in Common, specify share or interest -

ACN (if company) GL.- ---;::===:::;:::=======~Percentage El,-__o_._o_O_o_yo~

ACN (if company) GL- ---;::===:::;:::==========

Percentage El

Company Name/Surname B~::::::::=======================================

ACN (if company) G'---------------;::=::::::;========

If Tenant in Common, specify share or interest - Percentage El 40.75 %

Company Name/Surname B OTHERS (REFER ATTACHMENT 'A')

Given Name(s)

Company Name/Surname B BHP COAL PTY LTO

Given Name(s)

The document submitted must first be accepted by the Mining Registrar as an application for amining lease under the provisions of section 81 of the Mineral Resources Regulation 2003before registration.

Question 1.2Specify given name(s) of applicant.

Question 1.1Specify company name or surname ofapplicant.

Question 1.3If a company, what is the AustralianCompany Number (ACN)?

GUIDE FORAPPLICANTSBefore making an application you arerequired to mark out the landproposed for the mining lease. Forthe manner of marking out, refer tosections 240 and 241 of the MineralResources Act 1989.

OFFICIAL USE ONLYMLNo.

PART AReceived AT Received BY

DATE TIME

AM

/ / PM

PARTB

Document accepted as anapplication for a MiningLease in accordance withsection 81 of the MineralResources Regulation2003.

Mining Registrar

(SIGNATURE)

DATE I I

FEE Paid RECEIPT no.

PARTe

ENTERED on register by

(SIGNATURE)

DATE I I

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3

GUIDE FORAPPLICANTS Provide detailed reasons the term applied for.

Question 2.7 to 2.9If yes, provide number and expirydate of relevant tenure not held byyou.

The expansion of the Goonyella-Riversideopen-cut and the Broadmeadowlongwallunderground mines into the 'Red Hill' area have exploitable coalreserves beyond the term applied for.

Specify the minerals and/or purpose for which this mining lease is sought?

Provide detailed reasons for the area and shape of the land applied for.

ha8,841.9Size of area applied for ~'---- -----.J

Area applied for covers EPC 554, MDL 307 & MDL 358 to allow for the futuredown-dip expansion of the Goonyella-Riverside open-cut and Broadmeadowlongwall underground mines that originate from ML1763.

What is the name of the Mining Lease? (if any)

~ Red Hill

~ Coal / opencut &underground longwall mining and ancillary infrastructure

What is the local government area(s) in which the land applied for is situated?

Fl,Isaac Regional Council

'----- -J

What is the general locality of this application?

B 30km NNW of Moranbah

Question 3Before you apply for a mining leaseyou must mark out the boundary ofthe land, even if the surface of theland is not going to be included inyour application.

Once marked out you have fivebusiness days in which to lodge yourapplication.

Question 3.5 & 3.6State the area of land being appliedfor. There are no restrictions on thearea and shape of the land, whichcan be granted under a mining lease(other than those imposed undercertain Restricted Areas). However,you must justify the area and shapewhen you make your application.

Question 3.4Provide detailed reasons for thelength of term sought.

Question 3.1-3.2Specify the date and time the landthe subject of the mining lease wasmarked out.

Question 3.3There is no restriction on the term ofa mining lease. However, when youapply for a lease you must justify theterm you are seeking. A mining leasecannot be for a term longer than theperiod for which compensation hasbeen agreed or decided. Forexample, if you agree tocompensation for a five-year periodthen the lease cannot exceed fiveyears.

Is the application solely for infrastructure facilities associated with mining? (e.g.Worksho s, administration buildin s

Question 3.7State the general locality of theapplication, e.g. 15km SE of MountIsa.

Question 3.8Insert the name of the Mining Lease.

o YES NO

Question 3.9Insert the details of the LocalGovernment. This refers to either theCity or Shire Council responsible forthe local government area(s) in whichthe land is situated.

Question 3.10Specify Which minerals are soughtand/or the purpose for the mininglease. Do not use symbols. Do notinclude minerals that are notspecified in the pre-requisite tenure.

Please Note: the Government'spolicy is that it will not grant miningtenements for the purpose of mininguranium in Queensland, nor will itpermit the treatment or processing ofuranium within the State.

4. RESTRICTED LAND

Are there any permanent buildings or relevant features within the boundaries of theland applied for or within the prescribed distances laterally of the boundaries?

BL- ~__Y_E_S_(_gO_t_O_Q_4_.2_)_D N_O_(9_o_t_O_Q_5_.1_} _

What are those permanent buildings or relevant fixtures?

~ 'Riverside' homestead, buildings, earth dams

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6

Why is a compensation agreement not required?

Is a compensation agreement required?

7. COMPENSATION AGREEMENT DETAILS

NO (go to Q 7.2)YES (gotoQ8.1) DG L-- ---l

GUIDE FORAPPLICANTSQuestion 7.1If the applicant is not the owner of theland over which the surface of theapplication is made, thencompensation must be entered intoprior to grant either by writtenagreement or determined by theLand Court of Queensland ofQueensland. Access land is alsosubject to the compensationrequirements of the Act.

Any compensation agreement mustbe signed by all parties, stamped bythe Office of State Revenue and filedwith the Mining Registrar.

8. LOCATION DESCRIPTION

Describe the location of the Reference/Start Point of the land applied for.

~ Refer Attachment 'E'

What are the markings on all the posts? (Initials and surname of one applicant orcompany initials and Date)9BHPC 14/12/2009

In which corner of the lease is the Datum Post located?

B Refer Attachment 'E'

Describe the connection from the Reference/Start Point to the Datum Post:

metres,

metres,

metres,

metres,

metres,

metres,

metres,8.5

B Refer Attachment 'E'

ReferAttachment 'E'

for a distance ofReferAttachment 'E'

8.4

at a bearing of E1 Ifor a distance of 8====== ~==

at a bearing of E1 Ifor a distance of 8~==

at a bearing of E1 Ifor a distance of 8====at a bearing of EI Ifor a distance of El

==~

at a bearing of E1 Ifor a distance of El;:::==~

at a bearing of E1 Ifor a distance of 8'- _to the Datum Post.

at a bearing of

Commencing from the reference startpoint:

Question 8.3Enter description of the referencestart point. In describing thereference point, all bearings are to bemagnetic. If there is insufficientspace, please attach a list.

Question 8.5Enter the distance, in metres, fromthe reference/start point on thecompass bearing.

Question 8.6The posts used to mark out themining lease must have theapplicant's initials along with the dateof marking out.Indicate the initials and date markedon each post (Refer to section 241 ofthe Minera/ Resources Act 1989).

GPS Points must be in latitude andlongitude on GDA94 Datum orMGA94 (Easting, Northing, Zone)

Question 8.1Fully describe the reference/startpoint of the land so that it can beaccurately located. Either by a surveymark or other fixed and well definedpoint.Preferably a GPS point.

Question 7.2Compensation is not required if thebackground land tenure is"Unallocated State Land" or is ownedby the applicant. If the applicant isthe owner, proof of ownership isrequired to be lodged with theapplication.

Question 8.4Enter the compass bearing takenalong the centreline of thereference/start point.

Question 8.2Indicate which corner the datum postis located, e.g. NW corner.

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GUIDE FORAPPLICANTS 9.

7

EXTERNAL BOUNDARY DESCRIPTION

Question 9You must describe the boundaries ofthe mining lease by accuratelymeasured distances and compassbearings. All bearings are to bemagnetic and clockwise and thedescription should indicate anyabuttals, for example, a bearing of90' 00' for a distance of 100 metresto and abutting the western boundaryof ML 70045.

You must also include a sketch map,or other graphic representationacceptable to the Mining Registrarsetting out the boundaries of the landbeing applied for and the landrequired as access. This map shouldalso show any mining claims, mineraldevelopment licences, or miningleases (or applications for the grantof one of these) within the boundariesof the land being applied for

Question 9.1Enter the compass bearing taken.

Question 9.2Enter the distance, in metres, to thenext post.

Question 9.3Enter description, e.g. North WestCorner. .. etc.

Questions 10.1 & 10.2If there is existing mining tenure (orprior application for grant of miningtenure) wholly within this application,or if there is an area that you do notwish your application to cover youare required to complete Question11.2.

Describe the external boundaries of the land applied for in this application.

Commencing from the datum post:

at a bearing of 8 'E' Refer Attach I for a distance of~ Refer Attach I'E'm,

toEI I thence

at a bearing of EI I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

toE] I thence

at a bearing of 8 I for a distance of~ m,

back to the point of commencement.

10. INTERNAL BOUNDARY CONNECTION AND DESCRIPTION

Is there an existing mining tenure (or prior application for grant of a mining tenure)wholly within this application?

BOYES (go to Q 10.2) C8J NO (go to Q 11)

Provide the tenure details of existing mining tenure:

10.2 Tick Number(s) Expiry Date(s)

Mining Claim 0 / /

Mining Lease 0 / /

Mineral Coal/ /Mineral Development Licence(s) 0 0

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8

GUIDE FORAPPLICANTS

to the Datum PosUCommencement Point of the interior tenure.

back to the Datum PosUCommencement Point of the interior tenure.

Describe the external boundaries of the interior tenure referred to above.

From the Datum Post / Commencement Point in the

m,

m,

m,

m,

I thence

I thence

I thence

I thence

I for a distance of EJ

Ifor a distance of EI

I for a distance of EJ

I for a distance of EJ

at a bearing of EItaB

L-------r===;========;-----i===;===:::::!..---at a bearing of EItaBL---;:::=::::;:::========;- ----;:::=::::;::::::=::::!..-__at a bearing of EIto B Ithence

L----.======;========;-----i===;===:::::!..-__

at a bearing of E1L- 1for a distance of EJ'-- m_,I

B Icorner of the interior tenureL-_------;:==;=========;----

at a bearing of EI Ifor a distance of EI m,

to 110.10 I Ithence

at a bearing of EI_..!::===:::!:======--------=========j"--

to 110.10 Iat a bearing of EIto \10.10 Iat a bearing of E1L 1 for a distance of E1L- m_,

The Mining Registrar may acceptalternative methods instead ofmeasured distances and bearingswhere these are more accurate.

Please attach a separate list ifinsufficient space

Question 10.7 to 10.10All bearings are to be magnetic andclockwise and the description shouldindicate any abuttals, for example, "ata bearing of 90' 00' for a distance of100 metres to the western boundaryof ML 70045".

Please attach separate list ifinsufficient space.

Questions 11.1 to 11.3Indicate if surface area is required, ifso, state reasons why surface area isrequired and whether surface area isapplied for over whole or part of themining lease.

All bearings are to be magnetic andthe description should indicate anyabuttals. For example, "at a bearingof 90' 00' for a distance of 100metres to the...".

Questions 10.3 to 10.6If there is a mining claim, mineraldevelopment licence or mining leaseor an application for one of thesetenements already within the areayou are applying for, then the datumpost or commencement post of themining claim, mineral developmentlicence or mining lease (orapplications) must be related to thecommencement point of your mininglease application by accuratelymeasured distances and compassbearings.

11. SURFACE AREA CONNECTION AND DESCRIPTION

D Whole (go to Q 11.2) ~ Part (go to Q 11.2) D Nil (go to Q 11.12)

Why is surface area required?

E To cover the Broadmeadow underground longwalilayout from ML 1763/SA4

Whole (go to Q 12) Part (go to Q 11.3)

11.3 If part - what area is required? 47266 h, . a (go to Q 11.4)

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9

m,

m,

m,

m,

m,

m,

I thence

Ithence

I thence

I thence

Refer Attach'E'm,

I thence

Refer Attach 'E'

I for a distance of EJ

I for a distance of EJat a bearing of 8toEI

'------r===r=========;---------;==:;::::==::::!...---at a bearing of 8toE]

'--------;===r========;---------;:::=:::;::::==:::!---at a bearing of 81- 1for a distance of EJL m_,

to the initial corner of the surface area.

Describe the Surface Area of the land being applied for:

From the initial corner of the surface area B Refer Attach 'E'

at a bearing of EI 'E' Refer Attach Ifor a distance of

to 111.11 I Refer Attach 'E'

at a bearing of EI I for a distance of 1 11 .10 I

to \11.11 I---;:::====;=====::::;------r==:::;::::==~-_,

at a bearing of EI I for a distance of \11.10 I

to \11.11 I

at a bearing of EI I for a distance of \11.10 I

to \11.11 I_-----;==::;========,-------;=====;:==:::!I~t_h_e_n_c_e_at a bearing of EI I for a distance of 1 11 .10 I

to 111.11 1_-----;==::;========;--------r=====r===I'--th_e_n_c_e_at a bearing of EI 1for a distance of 111 .10 I m_,

back to the point of commencement.

Describe the connection from a Datum Post of this application to the initial corner ofthe surface area.

Commencing from the Datum Post located at Bb

. f 8 Refer Attach I . '-------.====;:==R=e=fe=r=A=t=ta=c=h~at a earlng a 11.5 'E' for a distance of

. 'E'm,

to EI Refer Attach 'E' Ithence

Please attach a separate list ifinsufficient space.

All bearings are to be magnetic anddistances are to be in metres.

Question 11.8 to 11.11It is not necessary to mark out theboundary of the surface area if partonly of the surface is going to beincluded in your application.However, the boundary of the surfacearea must be described bymeasuring the distance on theground and by taking compassbearings. The description must berelated to a boundary post byaccurately measured distances andcompass bearings.

Please attach separate list ifinsufficient space.

Questions 11.4 to 11.7All bearings are to be magnetic.

GUIDE FORAPPLICANTS

Question 11.12If no surface area is required to gainaccess to the area applied for in thisapplication, provide details of youradjoining mining lease(s) that willenable you to gain access to theproposed area.

If no surface area is required, give details of the adjoining granted mining11.12 lease(s) held by you that will enable you to gain access to the area applied

for in this application.

Mining Lease Number(s) Holder Name(s)

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10

GUIDE FORAPPLICANTS 12. ACCESS LAND DETAILS

Question 12.1If you answered YES, completeQuestion 12.2.If you answered NO, go to Question12.3.

Is access to this mining lease via a dedicated road that is within or abutting themining lease area?

B IZI YES (go to Q 12.2) D NO (go to Q 12.3)

Question 12.2Upon answering Question 12.2, go toQuestion 13.

Question 12.3Insert the width of the accessrequired in metres.

What is the description of the dedicated road to be used for access?

E Red Hill Road (Isaac Regional Council)

Question 12.4Insert the description of the startpoint, e.g. At a point on the MtMulligan Road 2.15km NE of theSandy Creek crossing at co­ordinates.......

Question 12.5Insert the description of the endpoint, e.g. The Southern boundary ofthe mining lease.

What is the description of the access?

Width of Access required BL m_e_tr_e_s_1

What is the description of the start point?

Question 12.6Enter the compass bearings takenalong the centreline of the access.

Question 12.7Enter the distance, in metres, of theaccess route on the compassbearing.

ElL---- _What is the description of the end point?

E1_---

thence at a bearing of

thence at a bearing of

thence at a bearing of

to the end point.

thence at a bearing of

thence at a bearing of

thence at a bearing of

thence at a bearing of

thence at a bearing of

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,

12.7 m,for a distance of

for a distance of

for a distance of

for a distance of

for a distance of

for a distance of

for a distance of

for a distance of

for a distance of

12.6

12.6

12.6

12.6

12.6

12.6

12.6

12.6

12.6

12.6

Commencing from the start point, thence along the centreline at a bearing of

for a distance of thence at a bearing of

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11

GUIDE FORAPPLICANTS 13. NATIVE TITLE

14. SIGNATURES

If the land applied for is over land tenures where native title may still exist, is the landapplied for subject to an Indigenous Land Use Agreement (ILUA)?

NO (go to 0 14)

NO

DYES (go to 013.2)

YESD

Do you believe that the application area (including any access land) is over landtenures that may be sUbject to Native Title?

EJ'--------------------- -----J

EJ'-----------------------------------

However, if you wish to include inyour application land that may besUbject to native title (Le. 'non­exclusive' land tenures), you mustcomply with the relevant native titleprocedure irrespective as to whetheror not a native title claim has beenlodged over the area.

Question 13Compliance with the native titleprovisions of the CommonwealthNative Title Act 1993 is notnecessary on land where native titleis taken to have been extinguished(Le. 'exclusive' land tenures).

Question 14.1Enter the name of place where theapplication was signed, the day of themonth, the month and the year whenthe form is signed.

IMJe:• solemnly sincerely and truly declare that the information provided in this form

is true and correct.• understand that any false or misleading information may attract a maximum

penalty of 200 penalty points.

, 2009day of DECEMBER

Full name of Witness

Full name and title of Applicant(s)

Signed at BRISBANE this

~ Refer Attachment 'N' ~"'- _

~t-----~"------

~ ~-~ ~L---_

Signature of Applicant(s)

BL B _Signature of Witness

Question 14.4Insert full name of Witness.

Execution of Documents byan Agent

If an agent or the holder of a power ofattorney is signing a document,required to be lodged by an Act, onbehalf of another, the agent or holderof the power of attorney mustproduce current, written evidence oftheir authority to act at the time oflodgement.

Question 14.3Signature of applicant(s).

All of the holders of the tenure MUSTexecute the appointment of agent orthe power of attorney for theappointment or power of attorney tobe effective. A company signing anappointment of agent or power ofattorney must do so in accordancewith the corporation law and/or thearticles of association of thecompany.

Question 14.2Insert full name of the applicant(s).

Question 14.5Signature of Witness.

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12

GUIDE FORAPPLICANTS 15. ACCOMPANIMENTS

15.1 The following must accompany this form:

152 Environmental Protection Agency requirements:

15.3 Coal or Oil Shale applications require the following additionalaccompaniments .

• Completed Application for an Environmental Authority (Mining~Activities)

• Prescribed application fee and annual fee ~

• A proposed development plan which complies with the initial

~development plan requirements (sections 318DT and 318DV)and the requirements of either A, S, Cor D below.

• Prescribed development plan fee ~

Tick

• .A statement:

0 Outlining the mining program proposed, outlining itsmethod of operation, and providing an indication of ~when operations are expected to start; or

If a mining program is not proposed, outline the useor

0

proposed for the land and provide an indication of when Dthe proposed use is to start; and

(Note: The above information is not required if, under part 7M, yourapplication includes a proposed development plan that complies with theinitial development plan requirements)

0 Of proposals for infrastructure requirements necessaryto enable the mining program to proceed, or additional ~activities to be carried on to work out the infrastructurerequirements; and

0 Specifying the estimated human, technical and financial ~resources proposed to be committed for the term of thelease.

• A statement detailing the applicant's financial and technicalresources however separate from the statements mentioned ~above.

• Sketch map(s) or other graphic representation setting out:

0 the boundaries of the land the subject of this application;

0 proposed surface area;

0 location of datum post and start/reference point; ~0 the proposed access; and

0 any Mining Claim, Mineral Development Licence orMining Lease (or application for grant of same) whollywithin the land sought.

• Proof of identity of the Applicant(s) ~

• The prescribed application fee ~

Specific purpose mining lease (oilshale) means a mining lease, otherthan a mining lease (oil shale),granted under section 234(1)(b), ifthe purposes for which it is grantedinclude a purpose that is associatedWith, arises from or promotes theactivity of oil shale mining.

Question 15.2Tick the appropriate boxes to indicatecompliance.An annual fee must accompanyapplication for Level 1 or Level 2mining projects. Level 2 annual feeis $500. Refer to the EPA's Websitewww.epa.qld.gov.au for Level 1annual fee amounts.

Question 15.1Tick the appropriate boxes to indicatecompliance.

Departmental Guidelines for initialand later development plans areavailable at<www.dme.qld.gov.au/mines/legislation/guidelines.html>

Specific purpose mining lease(coal or oil shale) means a mininglease, other than a mining lease (coalor oil shale), granted under section234(1)(b), if the purposes for which itis granted include a purpose that isassociated with, arises from orpromotes the activity of coal or oilshale mining.

Mining lease (oil shale) means amining lease for oil shale, whether ornot the lease specifies any othermineral to be mined, and whether ornot the lease is for any additionalpurpose.

Mining lease (coal) means a mininglease for coal, whether or not thelease specifies any other mineral tobe mined, and whether or not thelease is for any additional purpose.

You must determine whether any partof the application area of your MiningLease is within the tenure area of apre-existing petroleum lease orauthority to prospect.

Question 15.3If the application is for the purpose ofmining for coal or oil shale or aspecific purpose (coal or oil shale),you must ensure the additionalaccompaniments are lodged with theapplication.

Refer to section 7AA of the MineralResources Act 1989.If so, separate applications may needto be lodged.

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GUIDE FORAPPLICANTS

13

A. If the application is within an area of an authority to prospect forpetroleum and is being made jointly with, or with the consent ofthe authority to prospect holder, the following must be lodged:

0 A Coal Seam Gas (CSG) Statement; D0 Other information that addresses the CSG assessment Dcriteria; and

0 Written consent (if applicable) or DB. If the application is within an area of an authority to prospect for

petroleum and is being made other than jointly with, or with theconsent of the authority to prospect holder, the following mustbe lodged:

[:g]0 A Coal Seam Gas (CSG) Statement;

0 Other information that addresses the CSG assessment [:g]criteria; and

0 Written consent (if applicable) or D

C. If the application is within an area of a petroleum lease and isbeing made other than jointly with, or with the consent of thelease holder, the following must be lodged:

~0 A Coal Seam Gas (CSG) Statement or

D. If the application is within an area of a petroleum lease and isbeing made jointly with the petroleum leaseholder, the followingmust be lodged: 0

0 A Coal Seam Gas (CSG) Statem~nt.

16. PRIVACY STATEMENT

The Department of Mines and Energy is collecting the information on this form toprocess your application for a mining lease. This is required by section 245 of theMineral Resources Act 1989 (the Act).

Information collected on this form may be provided to other Queensland GovernmentAgencies to assist in the processing of applications, where such disclosure isnecessary for the effective management of the mineral resources and industry inQueensland. These agencies may include the Environmental Protection Agency, theDepartment of Primary Industries and Fisheries and the Department of NaturalResources and Water.

For more information on Information Privacy, please contact the Privacy ContactOfficer for the Department of Mines and Energy on (07) 32473239.

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BHP COAL PTY LTO & OTHERS (C.Q.C.A. JV)

ATTACHMENTS

MINING LEASE APPLICATIONIncluding

SURFACE RIGHTS (part)

"RED HILL"

8MABHP 81U1'.. ~ltsublsl1iAlilal<.

Lllir IJIUIIUII "'IL~lJUI)lll"lIua.... t:

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ATTACHMENT DESCRIPTION

A Additional list of applicants.

B Pre-requisite tenure.

C Native Title.

D Background land tenure.

E Location description and external boundary description.

F Sketch map(s) or other graphic representation acceptable to the MiningRegistrar setting out:

G Restricted Zones - map

H Accompaniments contents list.

I Completed application for an environmental authority (mining activities).

J Proposals for infrastructure requirements necessary to enable the miningprogram to proceed, or additional activities to be carried on to work outthe infrastructure requirements.

K A statement, separate from the above, detailing the applicant's financialand technical resources.

L Proof of identity of the applicants.

M Prescribed application fee.

N Signatures and endorsements.

NB: Refer lOP for details of statement as required below.

A statement:

• Outlining the mining program proposed, outlining its method of operation, and providing anindication of when operations are expected to start or, if a mining program is not proposed,outlining the use proposed for the land and providing an indication of when the proposed useis to start. (NS. Not required if your application is for coal or oil shale as this informationis to be included in the initial Development Plan for the lease); and

BHP COAL PTY LTO & OTHERS (C.Q.C.A. JV)BHP Billiton Mitsubishi Alliance

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ATTACHMENT 'A'MINING LEASE WITH SURFACE RIGHTS APPLICATION

"RED HILL"

APPLICANT'S DETAILS

Central Queensland Coal Associates (C.Q.CA) Joint Venture Participantsand Percentage Interests

COMPANY NAME ACN NO PERCENTAGE (%)

BHP BILLITON GROUP OF COMPANIES

BHP Coal Pty Ltd (principal applicant) 010595721 40.75

Umal Consolidated Pty Ltd 000767386 0.75

BHP Queensland Coal Investments Pty 098876825 8.50Ltd

Percentage Sub Total 50.00

MITSUBISHI CORP GROUP OF COMPANIES

Mitsubishi Development Pty Ltd 009779873 15.53

QCT Investment Pty Ltd 010487831 12.00

QCT Mining Pty Ltd 010487840 15.78

QCT Resources Pty Limited 010808705 6.69

Percentage Sub Total 50.00

TOTAL PERCENTAGE 100.00

8MABHP COAL PTY LTO & OTHERS (C.Q.C.A. JV)

BMP Billiton Milsubishi AIU.nce

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AllACHMENl 'B'MINING LEASE WITH SURFACE RIGHTS APPLICATION

"RED HILL"

2. PRE·REQUISITE TENURE DETAILS

District Prospecting Permit 73439

Exploration Permit for Coal 554

Mineral Development Licence 307

Mineral Development Licence 358

8MABHP COAL PTY LTO & OTHERS (C.Q.C.A. JV)

BHP Billiton Mitsubishi AlUanee