Coal Mining Acts Amendment Act of 1951 (15 Geo Vi No. 37) (Qld)

MINING. 15 G eo . VI. No. 37, 1951. Goal Mining Acts Amendment Act. 457 An Act to Amend “ The Coal Mining Acts, 1925 to 1950,” in certain particulars. [A ssented to 15 th N ovember , 1951.] 15 G eo . VI. No. 37. T he C oal M ining A cts A mendment A ct of 1951. 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:— 1. This Act may be cited as “ The Goal Mining short title Acts Amendment Act of 1951,” and shall be read as one instruction, with * “ The Coal Mining Acts, 1925 to 1950,” herein referred to as the Principal Act. The Principal Act and this Act may be collectively Collective cited as “ The Coal Mining Acts , 1925 to 1951.” tltle' 2. In subsection two of section one of the Principal Amendment Act the words “ L icenses and ” are inserted after theofs‘1 words “ P art II a . — C oal - mining ”. 3. The following paragraph is added to section Amendment four of the Principal Act, namely :— of 8'4l “ Any reference in this Act to any other Act shall References be deemed to include a reference to any later Act^e°*her amending or in substitution for that other Act.” ‘ 4. In subsection five of section eight of the Principal Amendment Act the words “or within thirty days thereafter” are of s' 8 (5)‘ repealed. 5. Subsection three of section twelve of the Principal Amendments Act is amended as follows :— of s'12 (3)- (i.) The first paragraph of the said subsection three is lettered (a); (ii.) The following paragraph is inserted after the said first paragraph as so lettered, namely:— “ ( b ) Where any underlease, agreement, license, or power, authority or arrangement referred to in paragraph (a) of this subsection reserves to a lessee of a coal mining lease, the following, or either of them, that is to say :— (i.) Payment by way of royalty or otherwise in respect of coal worked by way of outstroke from the coal mining lease or the part of a * 16 G. 5 No. 30 and amending Acts.

458 MINING. Goal Mining Acts Amendment Act. 15 G eo . VI. No. 37, coal mining lease in question and brought through the mine or, as the case may be, the part of a mine in question or under or over the surface of lands comprised in the coal mining lease or the part of a coal mining lease in question; (ii.) Payment by way of minimum consideration in respect of any time when coal is not being won from the coal mining lease or the part of a coal mining lease in question, the Minister may, at his discretion, refrain from taking into account such payment or payments in calculating the amount of the consideration referred to in paragraph (a) of this subsection if, but only if,— • (i.) In the case of the payment referred to in subparagraph (i.) of this paragraph, the rate thereof does not exceed one penny for each ton of coal; and (ii.) In the case of the payment referred to in subparagraph (ii.) of this paragraph, the rate thereof does not exceed sixpence per acre per annum based on the area of land comprised in the coal mining lease or the part of a coal mining lease in question. ” ; (iii.) The third paragraph of the said subsection three is lettered (c). New s. 31 a . 6. The following section is inserted after section thirty-one of the Principal Act, namely :— Coal prospecting “ [ 31 a .] Every licensee or lessee shall, not later returns. than the fourth day of each month in the period during which his coal-mining license (or, if renewed, renewed license) or coal-mining lease, as the case may be, is current, furnish the Minister with a return in the prescribed form, completed to the Minister’s satisfaction, of the full results of his search for coal (including full particulars of all work done in connection with that search) upon the land subject to that license or comprised in that lease— (i.) In the case of the first return, since the approval of his application for the license or lease, as the case may be, to the date of that first return ; and

MINING. 459 1951. Coal Mining Acts Amendment Act. (ii.) In the case of any subsequent return, since the date of the return last furnished pursuant to this section to the date of that subsequent return. Any person who neglects or refuses to furnish any return as required by this section or who furnishes any return which is false shall be guilty of an offence against this Act and, whether any proceedings are taken or not for that offence, may be called upon by the warden on the order of the Minister to show cause why his license or lease should not be cancelled or forfeited, as the case may require. The warden shall give at least fourteen days’ notice to the licensee or lessee to appear before him to show cause why the license should not be cancelled or the lease should not be forfeited, as the case may require, and, having heard the case in open court shall forward the evidence to the Minister who, if satisfied that it is just to do so, may cancel the license or forfeit the lease, as the case may be. The provisions of this section extend with respect to licenses and leases or approved applications therefor subsisting at the passing of * “ The Coal Mining Acts Amendment Act of 1951 7. In the headnote appearing immediately before Amendment1 section 33 a of the Principal Act the words “ L icenses and ” are inserted after the words “ P art IL a . —C oal - * MINING ”. 8. In section 33 b of the Principal Act the following Amendment brackets and words are inserted after the words “theofs'33B' provisions of Part II. of this Act relating to coal-mining leases comprising Crown land and to applications for such leases ” namely :—“ (including but without limit to the generality thereof, those provisions relating to and with respect to land comprised in those leases or the subject of those applications, coal or minerals on and below the surface of such land, the powers of the Minister and the warden and the rights, powers, obligations, and duties of lessees, applicants for leases and other persons whomsoever) ”. * This Act.

MINING. Coal Mining Acts Amendment Act. 15 G eo . VI. No. 37, New s. 33oo. 9. The following section is inserted after section 33c of the Principal Act, namely :— When trans­ “ [33cc] (1.) In this section the term “ transaction ” raecstpioencst twoith means any assignment, lease, agreement, or license, or coal mining power, authority or arrangement whatsoever by virtue loanndpsritvoatbee of which any person is as against the owner of any deemed private land entitled to mine for coal on or under that iomf possible land. performance. (2.) Except as hereinafter provided in this section— (a) Performance of a transaction shall be deemed to be rendered impossible by the approval of a license or lease in respect of the private land the subject of that transaction ; and ( b) That approval shall excuse any and every party to the transaction from performing the terms, provisions and conditions binding upon him of the transaction. (3.) Notwithstanding the foregoing provisions of this section, any and every transaction shall, in relation to any time on or after the approval as aforesaid of a license or lease, continue to be performable by any party thereto with respect to such of the following matters as he is thereby bound to perform, that is to say:— (a) Payment by way of royalty or otherwise at a rate not exceeding one penny per ton of coal in respect of coal worked by way of outstroke from the private land in question and brought through the mine on that private land or under or over the surface of that private land; ( b) Payment by way of minimum consideration at a rate not exceeding sixpence per acre per annum based on the area of the private land in question in respect of any time when coal is not being won from that private land; and (c) Royalty in respect of coal won from the private land in question at the rate as provided by the transaction while payable under and in accordance with the second proviso to subsection two of section 33c of this Act:

MINING. 1951. Coal Mining Acts Amendment Act. Provided that in the case of a transaction which provides for the payment specified in paragraph (a) of this subsection, or the payment specified in paragraph (6) of this subsection, or both of those payments, at a rate exceeding the applicable rate or, where both those payments are provided for, exceeding the respective applicable rates so specified, then the provisions of that transaction in relation to that payment or those payments shall be deemed to be performed by payment at the applicable rate or, as the case requires, the respective applicable rates so specified but this proviso shall apply so that, with respect to either such payment, no sum in excess of the applicable such rate shall be demand&ble or recoverable from the party bound by the transaction to perform the payment.” 461 10. The following section is inserted after section New s. 33 e . 33 d of the Principal Act, namely:— “ [3<3 e .] ( 1 .) Subject to this Act and * “ The Mining Power to on Private Land Acts , 1909 to 1951,” a coal-mining license to occupy, for the purpose of searching thereon licenses in for coal, any private land in Queensland may from time p^^te lLa. to time be granted and renewed to and held by any person 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. (2.) The Governor in Council may from time to Power to time by Proclamation published in the Gazette declare private land and define any area or areas of private land within the from being State which shall not be subject to this section, and Senses while such Proclamation remains unrevoked it shall not be lawful to grant any coal-mining license in respect of any land situated within any area mentioned in such Proclamation. Any such Proclamation may either be made separately or included in a Proclamation made under the authority of subsection three of section 33 a of this Act. 9 E. 7 No. 15 and amending Acts.

462 MINING. Coal Mining Acts Amendment Act. 15 G eo . VI. No. 37,1951. oAoffpPpparliorctvaiItsiIioo. nnosf to an( 3 d .) wTihthe prerospveiscitontos ocfoaPl-amrtinIiIn. golfictehnissesAcint rreelsaptiencgt this Act to of Crown land and to applications for such licenses lgircaennsteeds (including but without limit to the generality thereof, usencdtieornt.his tthhoesesupbrjoevcitsioonf sthroeslaetinligcentosesanodr wapitphlicraetsipoencst, tcooallanodr minerals on and below the surface of such land, the powers of the Minister and the warden and the rights, powers, obligations, and duties of licensees, applicants for licenses, and other persons whomsoever) shall, as far as practicable and subject to the provisions of * “ The Mining on Private Land Acts, 1909 to 1951,” apply and extend to and with respect to coal-mining licenses in respect of private land granted under this section and to applications therefor: Provided that— (i.) The area of the private land in respect of which any license may be applied for and granted shall not be greater than six hundred and forty acres; (ii.) Any license and any renewal of that license may be granted for any period not exceeding twelve months; (iii.) Any license and renewal thereof may be granted subject to such conditions as the Minister deems necessary or desirable to fix to ensure that the licensee commences and continues, during the period of the license or, as the case may be, renewal thereof, to search for coal on the land held under that license, and in every case where a breach of any condition so fixed occurs the Minister may, without prejudice to any other power vested in him in this regard, cancel that license.” Amendment 11. Subrule eight of rule nine ofthe Second Schedule or.f 9Sc( h8. ). II., wtootrhdes P“ irninwcihpiaclhAsacfteitsyalmamenpdsedarbeyrereqpueiraelidngbythethreisinAthcet or the special rules of the mine to be used.” * 9 E. 7 No. 15 and amending Acts.