Exhibit 4(k)
CONFIDENTIALITY AGREEMENT   BETWEEN: LIHIR MANAGEMENT COMPANY LIMITED, ARBN 059 005 766, as manager ofLIHIR GOLD LIMITED ARBN 069 803 998, and LIHIR GOLD LIMITED in itsown right, both of 7th Floor, Pacific Place, Cnr, Champion Parade& Musgrave Street, Port Moresby, Papua New Guinea (“Lihir”)   AND: TECHNOLOGICAL SERVICES PTY LIMITED, A.B.N. 12 002 183557 known asRio Tinto technical Services of 55 Collins Street, Melbourne, VIC3001, Australia (“RTTS”)
Lihir and RTTS have entered into and will continue discussions concerning, andhave undertaken and will continue to undertake activities in furtherance of, theExpress Purpose. In the course of these discussions and activities, Lihir hasand will continue to make Confidential Information available to RTTS and furtherConfidential Information will be generated by both parties. As a condition tothese discussions and in consideration for Lihir disclosing the ConfidentialInformation to and paying the relevant projects fees, RTTS is required to enterinto this Agreement on the following terms:
1. “CONFIDENTIAL INFORMATION” all confidential and proprietary informationconcerning existing and future technology and technical information,intellectual property, ideas, know how, trade secrets, mining,processing and commercial strategies, financial and contractualinformation, employees, consultants, training and other programs,concepts, concepts plans and business of Lihir which is or has beendisclosed to RTTS in connection with the Express Purpose, or isgenerated by both parties or either of them in association with orfurtherance of this Express Purpose. It includes the existence of anyproject referred to in the Express Purpose and the engagement of RTTSfor it. It does not include information, which RTTS can provide:
 1.1 either is or becomes available to the public other than as aresult of disclosure by RTTS; or  1.2 is lawfully available to RTTS on a non-confidential basis froma third party entitled to make disclosure.
2. “EXPRESS PURPOSE” means any project for which RTTS is engaged by Lihirfrom time to time, including in particular but without limitation theproject to develop an order-of- magnitude study defining the viabilityof identified processing methods for the sub- economic resource. 3. “INTELLECTUAL PROPERTY RIGHTS” means the rights comprised in anypatent, copyright, design or trademark whether at common law or bystatute, rights to apply for registration under a statute in respect ofthose or like rights and rights to protect trade secrets, know- how,goodwill or confidential information. 4. “REPRESENTATIVES” means any director, officer, employee, contractor, oradviser of RTTS to whom the Confidential Information is or has beendisclosed. 5. INTERPRETATION. A reference to:
 5.1 Confidential Information includes but is not limited to anyverbal communication, documents, data, records, drawings,graphs, formulae, samples, electronic data and any other meansby which the Confidential Information may be conveyed, storedor reproduced; and  5.2 any thing (including but not limited to any right) includes apart of that thing.
6. CONFIDENTIALITY OBLIGATIONS. RTTS agrees that unless specifically andpreviously authorised by Lihir in writing it shall and it shall ensurethat its Representatives (who shall be limited to only those who muststrictly have access to the Confidential Information for the purpose ofthe Express Purpose) shall:
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 6.1 not disclose, or allow anyone else to disclose, anyConfidential Information to any other person;  6.2 not make use of any Confidential Information for any purposeother than for the Express Purpose; and  6.3 not apply for, or directly or indirectly assist any otherperson to apply for any Intellectual Property Rights or anyother proprietary right in respect of any invention, processor design that is based on or utilises the ConfidentialInformation;  6.4 keep the Confidential Information secure and protect it fromunauthorized use, reproduction, access and damage ordestruction; and  6.5 not copy or reproduce the Confidential Information other thanas strictly necessary in furtherance of the Express Purpose.
7. RETURN OF CONFIDENTIAL INFORMATION. Unless otherwise agreed in writing,on the termination of this Agreement or upon written notice by Lihir,all Confidential Information whether in hard copy or electronic formwill be returned to Lihir within thirty (30) days of the date of suchtermination or notice. 8. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS. Nothing in this Agreementnor any disclosure of information by Lihir before or after itsexecution shall operate to confer any Intellectual Property Rights onRTTS. 9. OTHER TERMS. RTTS acknowledge and agrees:
 9.1 that any provision in this Agreement found to be invalid orunenforceable shall not affect any other provision in thisAgreement;  9.2 that Lihir’s failure to insist on strict performance of anyprovision of this Agreement shall not be deemed a waiver ofany subsequent breach of such provision;  9.3 that this Agreement shall not be construed to exclude theoperation of any principle of law or equity intended toprotect and preserve the confidentiality of the ConfidentialInformation; and  9.4 that this Agreement shall be binding on each party’ssuccessors and permitted assigns.
10. GOVERNING LAW. This Agreement and the parties’ rights and obligationsunder it shall be governed by and interpreted in accordance with thelaws of the State of Victoria. 11. AGREEMENT TERM. This Agreement shall continue in force for a term often (10) years from its date.
SIGNED as an Agreement.       SIGNED for and on behalf of  )   LIHIR MANAGEMENT COMPANY  )   LIMITED  )   by and duly authorised officer in  )   the presence of:  )       /s/ N. Swan, M.D.   Signature   /s/ N. Swan, M.D.   Witness Name & Title    31/5/04   Date
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       SIGNED for and on behalf of  )   LIHIR GOLD LIMITED  )   by and duly authorised  )   officer in the presence of:  )       /s/ N. Swan, MD.   Signature   /s/ N. Swan, MD.   Witness Name & Title    31/5/04   Date       SIGNED for and on behalf of  )   TECHNOLOGICAL SERVICES PTY LTD  )   by and duly authorised  )   officer in the presence of:  )       /s/   Signature   /s/ General Manager   Witness Name & Title    26 May 2004   Date
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