Coal Mining Act Amendment Act 1969 (Qld)

190 (Qualtslaubt ANNO OCTODECIMO ELIZABETHAE SECUNDAE BEGIN AE No. 31 of 19f 9 An Act to Declare the validity of coal mining leases and licences to occupy granted under The Coal Mining Act of 1925 as subsequently amended from time to time , and of dealings therewith, to amend The Coal Mining Acts 1925 to 1967 in a certain particular and for other purposes (ASSENTED TO 19TH DECEMBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title and citation . (1) This Act may be cited as the Coal Mining Act Amendment Act 1969. (2) The Coal Mining Act of 1925 as subsequently amended and as amended by this Act may be cited as the Coal Mining Act1925-1969. 2. Interpretation . In this Act the expression " coal mining lease " includes a special coal mining lease.

Coal Mining Act Amendment Act 1969 , No. 31 191 3. Preservation of applications for licences and leases. An application made before the date of commencement of this Act and purporting or intended to be made- (a) under section 8 of The Coal Mining Act of 1925 or of that Act as subsequently amended at the date of the application for a licence to occupy; or (b) under section 11 of The Coal Mining Act of 1925 or of that Act as subsequently amended at the date of the application for a coal mining lease, shall not be held to be a nullity or defective by reason only of the fact that it was made as prescribed by The Mining Act of 1898 or by that Act as subsequently amended at the date of the application. 4. Preservation of leases and licences. A coal mining lease or a licence to occupy granted before or after the date of commencement of this Act pursuant to an application preserved by section 3 of this Act and every renewal of such a lease or licence- (a) shall be held to have been properly granted under The Coal Mining Act of 1925 or under that Act as subsequently amended at the date of the grant or renewal, as the case may be, if the provisions applicable to it of that Act or, as the case may be, that Act as so amended are otherwise complied with. and (b) in such case, shall be held- (i) to have had effect on and from the date on which it purports to operate; and (ii) if it subsists at the date of commencement of this Act, to have effect, according to its terms and to the provisions applicable to it of The Coal Mining Act of 1925 or, as the case may be. that Act as subsequently amended. 5. Preservation of dealings with leases and applications for leases. A transfer, assignment, subletting or encumbrance made, given, taken, created or registered before the date of commencement of this Act in respect of a coal mining lease or an application for a coal mining lease- (a) shall not be held to be a nullity or defective by reason only of the fact that it was made, given, taken, created or registered as prescribed by The Mining Act of 1898 or by that Act as subsequently amended at the date of the making, giving, taking, creation or registration in question; (b) shall be held- (i) to have had effect on and from the date on which it purports to operate; and (ii) if it purports to continue to operate at the date of commencement of this Act, to have effect, according to its terms. 6. Sufficiency of fees paid . Payment of a fee in an amount prescribed by The Mining Act of 1898 or by that Act as subsequently amended at the date of payment made before the date of commencement of this Act pursuant to any provision of The Coal Mining Act of 1925 or of that Act as subsequently amended and made in respect of an application preserved by section 3 of this Act or in respect of a dealing preserved

192 Coal Mining Act Amendment Act 1969, No. 31 by section 5 of this Act shall be held to have been duly made and the fee thereby paid shall be deemed to be the prescribed fee within the meaning of the last mentioned Act or, as the case may be, that Act as subsequently amended at the date of payment. 7. Amendment to s. 4 of Coal MiningAct. Section 4 of The CoalMining Act of 1925 as subsequently amended is amended by omitting the definition " prescribed " and inserting in its stead the following definition:- Prescribed "-Prescribed by this Act, but where in relation to any particular no provision is made by this Act, the term means- (a) in relation to any time before the date of commencement of the Mining Act1968, prescribed by The Mining Act of 1898 as subsequently amended at that time; (b) in relation to any time after the date of commencement of the Mining Act1968, prescribed (or deemed so to be) by that Act or, as the case may be. by that Act as subsequently amended at that time; ".