Coal Mining Acts Amendment Act of 1950 (14 Geo Vi No. 7) (Qld)

178 MINING. Coal Mining Acts Amendment Act. 14 GEO. VI. No. 7, LOCAL GOVERNMENT. See LOCAL AUTHORITIES. LOCAL GOVERNMENT FINANCE. See LOCAL AUTHORITIES. MARGARINE. See AGRICULTURK MINING. (1) Coal .11Iining Acts Amendment Act of 1950 (2) Coal and Oil Shale llJine Worker's (Pensions) Acts Amendment Act of 1950 (3) Coal and Oil Shale lJhne Workers (Pensions) Acts Amendment Act of 1950 (No. 2) (4) Jllining on Private Land Acts Amend- ment Act of 1950 (5) Petrole1~ m Acts Amendment Act of 1950 14 Geo. VI. No. 7 14 Geo. VI. No. 4 15 Geo. VI. No. 1 14 Geo. VI. No. 6 14 Geo. VI. No. 20 14 K G o EO . . 7. VI. An Act to AmendHThe Coal Mining Acts, 1925 to THE COAT, lIfINING AC1' ~ 1949," in certain particulars. A}-IENDMEN'l' ACT OF 1950. [ASSENTED TO 5TH OCTOBER, 1950.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Coal Mining : ~ struction. Acts Amendment Act of 1950," and shall be read as one with *" The Coal Mining Acts, 1925 to 1949," h~ rein referred to as the Principal Act. tCitolell. ective be ciTtehde aPsr" in T ci h p e al Co A a c l t M a i n n d ing th A is ct A s, c1t 9m25ay to c 1 o 9 l 5 le 0 c ." tively Amendments 2. Subsection two of section one of the Principal of s. 1 (2). Act is amended- (i.) By adding the words "OF CROWN LAND" after the words " AND LEASES " ; * 16 O. 5 No. 30 and amending Acts.

MINING. 179 1950. Coal Mining Acts Amendment Act. (ii.) By inserting after the words and figures "PART 1I.-COAL-MINING LICENSES AND LEASES; " the words and figures "PART II.A-COAL-MINING LEASES OF PRIVATE LAND; ". 3 • Section four of the Principal Act is amended- A Of m B e . n 4. dments (i.) By inserting after the definition of the term " Pendency of an application" the folloWing definition, namely:- " " Person "-Includes a body corporate;" Person. (ii.) By inserting after the definition of the term " Prescribed " the following definition, namely :- " " Private land "-Land other than Crown land, Private land. irrespective of when the land was alienated from the Crown; ". . 4. The head note "PART 1I.-COAL-MINING Amendment LICENSES AND LEASES" appearing immediately before ~ ~ : : ~ ote section seven of the Principal Act is amended by adding immediately thereto the words " OF CROWN LAND ". before B. 7. 5. The last paragraph of subsection one of section Amendment seven of the Principal Act, being that paragraph of s. 7 (1.) commencing with the words" So far as relates" and ending with the words " mineral lease", is repealed and the following paragraph is inserted in lieu of such repealed paragraph, namely:- "Provided that the granting of any coal-mining lease under the authority of this section comprising any Crown land within the meaning of this Act but which is also private land as defined by section 21A of *" The Mining on Private Land Acts, 1909 to 1950," shall be subject to the provisions of such lastmentioned Acts and any application for such coal-mining lease shall be made under and subject to those Acts." 6. (1.) Section twelve of the Principal Act is Amendments . amended- of s. 12. (i.) By inserting after subparagraph (iv.) Qf the first paragraph of subsection one of the said. section the. following subparagraph, namely :- "(iv.a) A covenant on the part of the lessee, his executors, administrators, and assigns, not to give or enter into, unless with the previous consent of the Minister, any agreement, • 9 E. 7 No. 15 and amending Acts.

(80 MINING. Coal lIfining Acts Amendment Act. H: GEO. VI. No. 7, or license, or any power, authoL'ity, or arrangement whatsoever, by virtue of which any person, as against such lessee, or the executors, or administrators, or assigns of such lessee, is entitled to mine for coal on or under the land comprised in the coal-mining lease; " (ii.) By adding the following paragraph to the said subsection one, namely :- "Every coal-mining lease granted before the passing of *" The Goal Mining Acts Amendment Act of 1950," in force on the date of the passing of that Act, shall be deemed to contain and to have always contained a covenant on the part of the lessee, his executors, administrators, and assigns, not to give or enter into, unless with the previous consent of the Minister, any agreement, or license, or any power, authority, or arrangement whatsoever, by virtue of which any person, as against such lessee, or the executors, or administrators, or assigns of such lessee, is entitled to mine for coal on or under the land comprised in the coal-mining lease." (iii.) By adding to the said section the following subsections, namely :- Minister not " (3.) The Minister shall not consent to the ! ~ ~ : : : :Btoassigning, under-letting, or the parting with the possession &c., entitln;g of the land demised in a coal-mining lease, or any part = ~ rswt> en thereof, or to the giving or entering into by a lessee royalty of a coal-mining lease of an agreement, or license, or pthaeyraebulneder any power, authon· ty, or arrangement what osever by ~ lessee for virtue of which another person, as against that lessee or ~~ ~ e~ ~ n use his executors, or administrators, or assigns, will be royalty entitled to mine for coal on or under the land comprised ~ ~ ~ . e to in that coal-mining lease for a consideration (whether expressed to be payable by way of royalty on coal won or otherwise howsoever) which, in the opinion of the Minister, entitles that lessee or his nominee to be paid for his own -use in respect of coal won by that other person, or the executors, or administrators, or assigns of that other person from the land comprised in that lease, a sum exceeding the royalty payable to the Crown in respect of the coal won (or where section thirteen of this * This Act.

MINING. 1950. Coal .Mining Acts Amendment Act. Act does not apply to the coal-mining lease, a sum exceeding the royalty which would be payable to the Crown in respect of the coal won if the said section thirteen did apply to that coal-mining lease). The provisions of this subsection do not apply with respect to any under-lease, agreement, license, or power, authority, or arrangement whereby the lessee of any coal-mining lease granted after the date of the passing of *" The Coal Mining Acts Amendment Act of 1950" was, at such date, entitled, as against the owner of any private land, referred to in subsection one of section 330 of this Act, comprised in the coal-mining lease, or the executors, or administrators, or assigns of such owner, to mine for coal for a specified period on or under such land, in which case royalty for that specified period may be at the rate as provided by the under-lease, agreement, license, power, authority, or arrangement, as the case may be. (4.) If, but only if, an agreement, or a license, or any power, authority, or arrangement given or entered into by the lessee of a coal-mining lease on or before the twenty-seventh day of September, one thousand nine hundred and fifty, without the consent of the Minister, by virtue of which any person, as against that lessee, or his executors or administrators, or assigns will be entitled, after the passing of *" The Coal Mining Acts Amendment Act of 1950," to mine for coal on or under the land comprised in the lease- (a) Provides; or (b) Is varied to provide, that such lessee or his nominee shall not be entitled to be paid for his own use in respect of coal won on or after the passing of *" The Coal Mining Acts Amendment Act of 1950" by that other person, or his executors, or administrators, or assigns, from the land comprised in that lease, a sum exceeding the royalty payable to the Crown in respect of that coal, then the continuance of that agreement, license, power, authority, or arrangement, as the case may be, for the remainder of the term thereof unexpired at the passing of *" The Coal Mining Acts Amendment Act of 1950" shall be deemed to be not a breach of the covenants of that coal-mining lease. * This Act. 181

182 MINING. Coal Mining Acts Amendment Act. 14 GEO. VI. No. 7, (5.) In subsections three and four of this section the term" lessee" includes an applicant for a coal-mining lease whose application has been approved, and the term "coal-mining lease" includes the land held under an application for a coal-mining lease which has been approved.' , Amendment 7. In subsection one of section thirteen of the oh 13 (1). Principal Act the words and brackets "(other than those coal-mining leases to which the provisions of section 330 of this Act are applicable and those coal- mining leases, granted under section 33D of this Act, to which the provisions of section 330 of this Act, as far as practicable, apply and extend)" are inserted after the words" there shall be reserved in every coal-mining lease". New ss. 26A and 26B. 8. The following sections 26A and 26B are inserted after section twenty-six of the Principal Act, namely :- Certificate of breach. " [26A.] Whenever it is found to the satisfaction of the warden that there has been any breach of the labour conditions applicable to any land comprised in a coal-mining lease or application therefor the warden shall certify the same to the Minister. Before hearing any evidence of breach of the labour conditions the warden shall give the lessee or applicant, or his agent, seven clear days' notice to appear before him to show cause why such certificate should not be made. Forfeiture of coal- mining leases. [26B.] Any person who gives notice to the warden that ground held under a coal-mining lease or application therefor is not being worked in accordance with the conditions prescribed, and who applies for the forfeiture thereof, shall, upon serving notice of his application on the lessee or applicant, or his agent, and on the mortgagee, if any, seven clear days before the hearing thereof, have a preferent right for seven clear days after having received notice of such forfeiture to apply for the land forfeited, or any portion thereof, as a coal-mining lease." Insertion of 9. The following head note and section are inserted ~ :~ IT!e to after section thirty-three of th~ Principal Act, namely : - and s. 33A. " PART ILA.-COAL-MINING LEASES OF PRIVATE LAND. Power to [33A.] (1.) Subject to this Act and *" The Mining ~ =; oal- on Private Land Acts, 1909 to 1950," the Governor in p le r ~ I s v e a s teofland. C_ou_nc_il_m_ay_fr_om_ _ tim_e_to_t_im_e _ gra_nt_t_o _ an_y _ pe_rso_n _ a * 9 E. 7 No. 15 and amending Acts.

MINING. 183 1930. Coalivlining Acts Amendment Act. coal-mining lease comprising any private land within Queensland, whether the instrument whereby the land was alienated in fee-simple from the Crown contains a reservation to the Crown of all coal or minerals on and below the surface of the land or not or whether all coal on and below the surface of the land is the property of the Crown or not: Provided that if on or before the first day of January, one thousand nine hundred a.nd fifty-one, or such extended date as the Governor in Council may by Proclamation in the Gazette appoint, the owner or any transferee or assignee or other successor in interest of the owner of such private land makes application for a coal-mining lease comprising the whole or part of such land, his application, save as provided in subsection two of this section, shall have priority over all others. (2.) Notwithstanding anything in this Act or in any Private otheI' Act to the contrary contained, where at the date agreements. of the passing of *" The Coal Mining Acts Amendment Act of 1950 " any person is, by virtue of any assignment, lease, agreement, or license, or any power, authority, or arrangement whatsoever given or entered into on or before the twenty-seventh day of September, one thousand nine hundred and fifty, as against the owner of any private land, entitled to mine for coal on or under such land, then, if on or before the first day of January, one thousand nine hundred and fifty-one, or such extended date as the Governor in Council may by Proclamation in the Gazette appoint, such person makes application for a coal-mining lease in respect of such land or part thereof comprised in such assignment, lease, agreement, license, power, authority, or arrangement, as the case may be, his application shall have priority over all others, including that of the owner of such land, and notwithstanding any neglect or refusal on the part of such owner or of any transferee or assignee or other successor in interest of such owner to consent to the application. (3.) The Governor in Council may from time to Power to time by Proclamation published in the Gazette declare ~ ~ f~ ~ t: land and define any area or areas of private land within the from being State which shall not be open to lease under this section, f!:.to and while such Proclamation remains unrevoked it shallnot be lawful to grant any lease comprising any land situated within any area mentioned in such Proclamation." * This Act.

184 MINING. Coal Mining Acts Amendment Act. 14 GEO. VI. No. 7, ------------- New ss. 33B and 330 10. The following sections are inserted after section inserted. 33A of the Principal Act, as previously inserted by this Act, namely :- oPofrfotPhvaiisrsitoAH ncs . t provi"s[i3o3nBs . o]f SPuabrJt·e n ct . otof thseisctAiocnt r3e3lactinogf ttohicsoaAl- cmt, intihnge to tP~lr and leases comprising Crown land and to applications for : ~ ar~ in~ g such leases shall, as far as practicable and subject lease: d to the provisions of *" The Mining on Private Land Acts, ~~~ ~ res. 33A. 1909 to 1950," apply and extend to and with respect to coal-mining leases comprising private land granted under section 33A of this Act and to applications therefor. Rcisoonayloawtltthyhiceohn to an[ 3d3w0. i]th (1 r . e ) sTpehcet ptroovciosaiol-nmsinoifntghilseasseecstigornasnhteadll aupnpdleyr property of section 33A of this Act, and applications therefor, in the Crown. respect of private land within Queensland where the instruments whereby the private land was alienated in .fee-simple from the Crown do not contain a reservation to the Crown of all coal or minerals on and below the surface of the land or where all coal on and below the surface of the private land is not the property of the Crown. (2.) The lessee of or applicant for any coal-mining lease, to and with respect to which the provisions of this section are applicable, shall, at all times and in the manner prescribed, pay to the Minister, on behalf of the person entitled to the property in the coal won from the land held under such coal-mining lease or application, as the case may be, royalty on such coal at the rate prescribed by and in accordance with the provisions of section thirteen of this Act : Provided that, where the lessee or applicant is the owner, or the transferee, or assignee, or other successor in interest of t.he owner of all the private land comprised in such lease or application, the Minister may, upon being satisfied as to such ownership, transfer, assignment, or succession, exempt such lessee or applicant from -the requirement to pay royalty in accordance with this section: Provided further that where the lessee or applicant was, at the date of the passing of t" The Coal Mining Acts Amendment Act of 1950," by virtue of any assignment, lease, agreement, or license, or any power, authority, or arrangement whatsoever given or entered into on or * 9 E. 7 No. 15 and amending Acts. t This Act.

MINING. 1950. Coal JJlining Acts A.mendment Act. before the first day of September, one thousand nine hundred and fifty, as against the owner of the private land, entitled to mine for coal on or under such land for a specified period upon payment to the owner or the transferee or assignee or other successor in interest of such owner of a royalty in respect of each ton of coal won from such land, the royalty payable to the Minister on behalf of the owner or the transferee or assignee or other successor in interest of the owner, as the case may be, from the passing of *" The Coal Mining Acts Amendment Act of 1950" and during the remainder of such specified period shall be at the rate as provided by the assignment, lease, agreement, license, power, authority, or arrangement, as the case may be, for the remainder of such specified period, and thereafter at the rate prescribed by section thirteen of this Act. (3.) All &ums received by the Minister as royalty on coal won and payable by a lessee of or applicant for any coal-mining lease in pursuance of this section shall be paid by the Minister to the person who appears to him in his absolute discretion to be entitled to the property in that coal: Provided that no such payment shall be a bar to the right of any other person to recover the sums paid by action from the person to whom such sums were paid by virtue of this subsection: Provided further that where the Minister is unable to satisfy himself that any person is entitled to be paid • any sum received by him as royalty in pursuance of this section, he may pay that sum to the Public Curator who shall place such sum to the credit of the Unclaimed Moneys Fund established in pursuance of t" The Public Curator Acts, 1915 to 1947," and thereupon the sum shall become part of that Fund and the provisions of those Acts shall apply to and with respect to the payment of that sum out of that Fund. (4.) Royalty payable to the Minister in pursuance of this section shall be deemed to be a debt due to the Crown and the same rights and remedies may be had and taken for or with respect to the recovery of such royalty as may be had and taken for or with respect to the recovery of royalty payable under section thirteen of this Act." * This Act. t 6 G. 5 No. 14 and amending Acts. 185

186 MINING. Coal Mining Acts Amendment Act. 14 GEO. VI. No. 7, iNnesewrtse.d3. 3D 330 o 1 f 1 t . heThPerifnoclilpoawlinAgcts, eactsiopnreivsioiunssleyrteindsearftteedr bsyecttihoins Act, namely :- Roads " [33D.] (1.) It is hereby declared that all coal on t~ ~ = ~~ bliC a~d be~ ow th~ surface o.f any land or part of any land- by private (1.) Which was alIenated from the Crown after the persons. first day of March, one thousand nine hundred and ten; or (ii.) Which ~ as alienated from the Crown on or before the first day of March, one thousand nine hundred and ten and- (a) Was subject to *" The Agricultural Lands Special Purchase Act of 1901 "; or (b) The instrument whereby the land was alienated in fee-simple from the Crown contains a reservation to the Crown of all coal or minerals on and below the surface of the land, and which has heretofore been, or may hereafter be, dedicated by the owner thereof, not being the Crown, to public use as a road is and always was the property of the Crown. It is also hereby declared that all coal on and below the surface of any land (other than land referred to as aforesaid) which has heretofore been, or may hereafter be, dedicated by the owner thereof, not being the Crown, to public use as a road is and always was on and from • such dedication the property of the Crown, except where the dedicator has limited the dedication to a specified depth below the surface or any specified part of the surface of that land when in such .case only the coal on and below the surface or specified part of the surface to the specified depth so dedicated is and always was on and f~ om such dedication the property of the Crown. (2.) Subject to this Act the Governor in Council may from time to time under this section grant to any person a coal-mining lease comprising the whole or part of any land which has heretofore been, or may hereafter be, dedicated by the owner thereof, not being the Crown, to public use as a road, at such depth from the lowest part of the surface as he may in any case decide, which depth shall bestated in the lease, and may include in such coal-mining lease all or so much of the land below that depth as he may state and describe in the lease: • 1 E. 7 No. 23.

MINING. 1950. Coal Mining Acts Amendment Act. Provided that the applicant shall prove that he holds or is in occupation of adjoining land or has such rights through adjoining land or has such consent from the occupier of adjoining land as will enable him to mine in the land applied for: Provided further that if at any time the road upon the land is closed by the Governor in Council, then, subject to this Act, the Governor iil. Council may from time to time grant to any person a coal-mining lease comprising the whole or part of the area of surface of such land and all or so much of the land below the area of surface so demised as he may state and describe in the lease: Provided further that instead of granting a coal-mining lease under this section in respect of any land, the Governor in Council may at any time include that land in any coal-mining lease granted in respect of adjoining land, which leasehold shall thereon be enlarged so as to include such firstmentioned land. n. (3.) The provisions of Part of this Act relating to coal-mining leases comprising Crown land and to applications for such leases shall, as far as pract,icable, apply and extend to coal-mining leases granted under this section and to applications therefor : Provided that with respect to any coal-mining lease comprising land wherein coal is not the property of the Crown, or any application therefor, the provisions of section 330 of this Act shall, as far as practicable, apply and extend thereto. Provided further that in any particular case the Governor in Counci1 may direct that the application for a coal-mining lease of the owner of private land adjoining the land which may be comprised in such lease, or of any other person to or with whom that owner has given or entered into an assignment, lease, agreement, or license, or any power, authority, or arrangement whatsoever in respect of his adjoining land whereby that other person as against the owner is entitled to mine for coal on or under the adjoining land, shall, if suoh owner or other person, as specified in the direction, makes application for such coal-mining lease on or before the first day of January, one thousand nine hundred and fifty-one, or such extended date as the Governor in Council may by Proclamation in the Gazette appoint, have priority over all others." 187