No. IV.
An Act to provide for the payment of Kent and Royalties, and the imposition of certain conditions in connection there with, upon the leasing' of Church and School Lands; to authorize the renewals of such Leases; to regulate Authorities and Applications for such Leases; and to amend in certain respects the "Church and Schools Lands Dedication Act, 1880," and the "Church and School Lands Mining Act." [23rd July, 1889.]
| T ) E | i t enacted by t h e Queen ' s Most Exce l l en t Majes ty , by and wi th |
| 13 | t h e advice a n d consent of t h e Legislat ive Counci l and Legislat ive |
| Assembly of | N e w | South Wales in P a r l i a m e n t | assembled, | and by t h e |
au thor i ty of t he same, as follows :—
1. This A c t m a y be cited as t h e " Church and School Lands
| M i n i n g Act , 1889 ." | Al l expressions used in th is Ac t which | are | also |
| used in | t h e " C h u r c h | a n d School | L a n d s Dedica t ion Act , | 1880 , " here |
| inafter called | t h e Pr inc ipa l Act , and | t h e " C h u r c h | and | School Lands |
Min ing A c t of 1 8 8 8 " shall have t he same meanings , and include t h e same ma t t e r s a n d th ings as t h e said expressions are, respect ively, declared to m e a n and inc lude by such Ac t s .
| 2. | I n a n y case where , by t he | " C h u r c h and School Lands | M i n i n g |
A c t " t h e Governor is empowered to g r a n t leases for m i n i n g purposes of any lands now or hereafter classified as " lands suitable for m i n i n g opera t ions ," p u r s u a n t to section e ight of t he Pr inc ipa l Act , t he said Governor is hereby empowered to impose such P e n t and Royal t ies , or e i ther of them, as m a y be prescribed b y regula t ions made u n d e r th i s Act , or as he m a y t h i n k jus t , in consideration of t he removal by t he lessees of any specified minera l or me ta l from the land demised ; and
| t h e " C h u r c h and School Lands M i n i n g A c t , " lodged in t he prescr ibed m a n n e r before t he pass ing of this Act, shall , if renewed by t h e appli cants in m a n n e r prescribed by regula t ions u n d e r th is Ac t , be con sidered and dealt w i th as if t h e same had been lodged immedia te ly after t he pass ing of this Act , provided t h a t t he appl icant shal l in every | case |
| also to impose, in connect ion wi th any P e n t and | Loya l ty , such t e r m s |
| a n d condit ions | as h e m a y t h i n k | fit. | The Royal t ies he reby author ized |
| m a y be ei ther in addi t ion to any r en t received on the leas ing of | such |
| lands as aforesaid, or in subs t i tu t ion of such ren t . | For | t h e purposes |
| of | th i s | section | t he word " m i n e r a l s " | includes | minera ls and meta l s as |
defined b y the four th section of t he " Crown L a n d s A c t of 1884 ."
| 3. A l l such leases now or hereaf ter | to be granted , and w h e t h e r |
| subject to Royal t ies or not, may , u p o n | t h e expi ra t ion or | o ther |
| de te rmina t ion thereof, be renewed | by t h e Governor for any t e rms no t |
| exceeding t h e respect ive t e rms for which such leases were | or iginal ly |
g ran ted . B u t every lease so renewed shal l be subject to such condit ions and provisions inc lud ing any increase of R e n t or Roya l ty
| payable t he r eunde r as t h e | Governor m a y | de termine . |
| 1. Al l appl icat ions | for | Author i t ies u n d e r t he th i rd | section | of |
| ease lodge his appl icat ion in t h e prescr ibed | m a n n e r wi th in th i r ty | days |
from t h e passing of this Ac t . D u r i n g such th i r ty days, b u t no longer , t h e l and described in, or covered by, a n y appl icat ion lodged before t h e pass ing of th is A c t shall be reserved from lease or other disposition unde r t he Pr inc ipa l or any A m e n d i n g Act . W h e r e one; and the same por t ion of land is applied for by more t h a n one person in t he pre scribed manne r , and whe the r by renewed applicat ion, made within th i r ty days, or subsequent ly by applicat ions lodged a t t he same t ime , t he Min is te r shal l de termine by lot which appl icant shall have the l and applied for.
5. The power of t he Governor to m a k e regula t ions , as con ferred by the " Church and School Lands M i n i n g A c t , " m a y be exercised by h im so as to carry out in all respects t he extended powers conferred by th is A c t ; and shall inc lude the power to prescribe P e n t and Royal ties, or e i ther of t h e m , and to m a k e conditions and provisions in respect
thereof. Al l such regula t ions shall be dealt with in m a n n e r directed
| by the s ix teen th section of t he Pr inc ipa l | Act . |