SALES
AND PURCHASE AGREEMENT


 


 


This
Agreement is made on the 01st April, 2016.


 


	between:	aqua
    mining ( png ) limited
	 	P
    O Box 3245 Boroko, N.C.D. Papua New Guinea
	 	(The
    Purchaser)
	 	 	 
	and:	KOFAGA
    CLAN (REG. ILG N2 3622)	 
	 	P.
    O. Box 7445, Boroko	 
	 	 	 
	 	(The
    Resource Owners)	 


 


whereas:


 


	A.	The
    Resource Owners will provide written proof to the Purchaser to verify that they are the customary owners of the land described
    in this Agreement and of the resources on this land.
	 	 
	B.	The
    Resource Owners will harvest trees owned by them and growing on their land and sell the harvested trees to The Purchaser at
    the agreed prices as set out in this Agreement.
	 	 
	C.	The
    Purchaser will purchase the harvested trees from The Resource Owners at the agreed prices as set out in this Agreement.


 


it
is agreed:


 


	1.	The
    Resource Owners hereby grant to The Purchaser the exclusive right to purchase trees from the land area described in this Agreement,
    except for Teak Trees.
	 	 
	2.	The
    Resource Owners:


 


	 	a.	are
    the customary owners of the land
	 	 	 
	 	b.	are
    entitled under the custom to deal with the trees or other forest produce on the land 
	 	 	 
	 	c.	no
    other person has any right or interest in the native trees on the land


 


	3.	Timber
    or other forest produce remains the property of the customary owners of the land in which it is growing until it has been
    felled and removed, when the timber becomes the property of The Purchaser, subject to the payment of the monetary benefits
    set out in this Agreement.
	 	 
	4.	The
    Purchaser has the right to refuse any trees that do not meet the specifications of The Purchaser.


 




    	 



    	 



    

 


 


	5.	The
    Resource Owners grant to The Purchaser and all persons lawfully authorized by The Purchaser the right to:
	 	 	 
	 	a.	enter
    on and pass through the land (but not private premises)
	 	 	 
	 	b.	prepare
    and construct loading and storage sites for the harvested trees
	 	 	 
	6.	The
    Resource Owners must not interfere with the carrying out of this Agreement.
	 	 	 
	7.	The
    Resource Owners must not allow any other person to acquire an interest in the trees which The Purchaser may be entitled to
    obtain under this Agreement.
	 	 	 
	8.	The
    Resource Owners and all clan members are entitled to carry out al customary rights to:


 


	 	a.	Hunt
	 	 	 
	 	b.	Fish
	 	 	 
	 	c.	Gather
    plant foods
	 	 	 
	 	d.	Gather
    traditional materials for making clothing, artifacts, tools, utensil and houses
	 	 	 
	 	e.	Collect
    firewood
	 	 	 
	 	f.	Plant,
    maintain and harvest subsistence gardens
	 	 	 
	 	g.	Enter
    on and pass through the land


 


	9.	Nothing
    in this Agreement entitles any employee of The Purchaser to hunt, fish or make gardens on Clan land without the permission
    of the owners of the relevant land.
	 	 
	10.	The
    Resource Owners agree to fully protect and ensure the safety of the owners, employees, agents, contractors and consultants
    of The Purchaser whenever they are on the land.
	 	 
	11.	The
    Resource Owners have the right to mark commercial trees and other forest produce which are required by them for traditional
    purposes.


 


Term
of Agreement


 


	12.	The
    term of this Agreement is three (3) years commencing on the day on which this Agreement is signed.


 


Monetary
Benefits


 


	13.	At
    the end of every two (2) months during which harvested trees have been taken under this Agreement, The Purchase will pay to
    The Resource Owners the amount of Thirty five (35) Kina per cubic meter of trees that have been obtained by The Purchaser.
	 	 
	14.	At
    the end of every two (2) weeks during which harvested trees have been taken under this Agreement, The Purchaser will pay to
    The Resource Owners a Levi payment of Five (5) Kina per cubic meter that will be shared equally by the Directors.


 




    	 



    	 



    

 


SCHEDULE
1 - List of Resource Owners


 


	Name	Gelenda
    Koloko	 	Signature	/s/
    Gelenda Koloko
	 	Chairman 	 	 	 
	 	 	 	 	 
	Name	Allan
    - Hara	 	Signature	/s/
    Allan-Hara
	 	V/Chairman 	 	 	 
	 	 	 	 	 
	Name	Julio
    Mon (1)	 	Signature	/s/
    Julio Mon
	 	Secretary 	 	 	 
	 	 	 	 	 
	Name	Ereg
    Mongo	 	Signature	/s/
    Ereg Mongo
	 	A/Secretary 	 	 	 
	 	 	 	 	 
	Name	Julio
    Kombar	 	Signature	/s/
    Julio Kombar
	 	Treasurer
     	 	 	 
	 	 	 	 	 
	Name	Iruma
    Hasi	 	Signature	/s/
    Iruma Hasi
	 	Director 	 	 	 
	 	 	 	 	 
	Name	Kasina
    Sombar	 	Signature	/s/
    Kasina Sombar
	 	Director	 	 	 


 


Signed
for and behalf of


AQUA
MINING (PNG) LIMITED


 


	Vincent
    Appo	 	/s/
    Vincent Appo 
	Name	 	Signature


 




    	 



    	 



    

 


SCHEDULE
2 - Map Diagram of the Clan land area


 




    	 



    	 



    

 


SCHEDULE
1 - List of Resource Owners