Whitehaven Coal : ML 1876 Instrument of Grant

Instrument of Grant

Section 63 of the Mining Act 1992

I, Jamie Tripodi, Executive Director Assessments and Systems, Mining, Exploration and

Geoscience as delegate of the Minister administering the Mining Act 1992 for the State of New South Wales, pursuant to section 63 of the Mining Act 1992, have determined to grant a Mining Lease in satisfaction of Mining Lease Application 636 (Act 1992), as described in Schedule 1, to Whitehaven Coal Mining Limited, ACN 086 426 253, subject to the conditions:

1. prescribed in the Mining Act 1992 and the Mining Regulation 2016; and
2. set out in Schedule 2.

Jamie Tripodi

Executive Director Assessments and Systems

Department of Regional NSW - Mining, Exploration and Geoscience

As delegate for the Minister administering the Mining Act 1992

Delegation dated: 28 February 2023

Dated this 11th day of April 2024

SCHEDULE 2

Mining Lease for Ancillary Mining Activities Conditions 2021

(Version 1.4 as at October 2023)

Definitions

Words used in this mining lease have the same meaning as defined in the Mining Act 1992 except where otherwise defined below:

Note:

1. The rights and duties of the lease holder(s) are those prescribed by the Mining Act 1992 and the Mining Regulation 2016, subject to the terms and conditions of this mining lease.
2. This mining lease does not override any obligation on the lease holder(s) to comply with the requirements of other legislation and regulatory instruments which may apply (including all relevant development approvals) unless specifically provided under the Mining Act 1992 or other legislation or regulatory instruments.

MINING LEASE FOR ANCILLARY MINING ACTIVITIES CONDITIONS

Standard conditions

See Mining Regulation 2016, Schedule 8A, Part 2.

NOTE TO HOLDERS: The prescribed standard conditions in the Mining Regulation 2016, Schedule 8A, Part 2 apply in addition to the conditions in this Schedule 2 (but have not been replicated in this mining lease). The conditions imposed by the Mining Regulation 2016 prevail to the extent of any inconsistency with the conditions in this Schedule 2.

General conditions

1. Notice to Landholders

1. The lease holder must cause written notice of the grant or renewal of this mining lease to be provided to each landholder of land over which the mining lease was granted or renewed in accordance with paragraph (b).
2. If there are -
3. 1. less than 10 landholders of the land over which the lease was granted or renewed - the notice must be provided to each landholder,
   2. 10 or more landholders of the land over which the lease was granted or renewed
      - the notice may be provided to each landholder or published in a newspaper circulating in the area where the mining lease is situated.
4. The notice must be provided -
5. 1. for notice of the grant of the mining lease - not later than 90 days after the date on which the mining lease was granted,
   2. for notice of the renewal of the mining lease - not later than 90 days after the date on which the renewal of the mining lease takes effect.
6. The notice must include the following -
7. 1. a statement that the mining lease has been granted or renewed (as relevant),
   2. confirmation as to whether the mining lease includes the surface of the land,
   3. a plan which identifies -
      1. the area of the land subject to the mining lease, and
      2. geographical and other features (such as roads, rivers, railways, towns, suburbs, or localities) that are sufficient to identify the area of the State within which the mining lease is situated.

1. Security
   The lease holder is required to provide and maintain a security deposit to secure funding for the fulfilment of obligations under the mining lease, including obligations under the mining lease that may arise in the future.
   The amount of the security deposit to be provided and maintained is $10,000.
2. Cooperation Agreement
   The lease holder must make every reasonable attempt, and be able to demonstrate its attempts to the satisfaction of the Secretary, to enter into a cooperation agreement with the holder(s) of any overlapping authorisations issued under the Mining Act 1992 and petroleum titles issued under the Petroleum (Onshore) Act 1991. The cooperation agreement should address but not be limited to:
3. • access arrangements
   • operational interaction procedures
   • dispute resolution
   • information exchange
   • well location
   • timing of drilling
   • potential resource extraction conflicts; and
   • rehabilitation issues.

Special conditions

4. Nil