Coal Production Regulation Act Amendment Act of 1935 (26 Geo v No. 37) (Qld)

15364 COAL. Coal Production Regulation, Etc., Act. 26 GEO. V. No. 37, CHILDREN, MAINTENANCE RELIEF. See MARRIAGE AND DIVORCE. CLUBS. See LIQUOR. COAL. 26 Geo. V. An Act to Amend "The Coal Production .Regulation No. 37. THE Act of 1933" in certain particulars, and COAL PRODUCTION for other purposes. REGVLATION ACT AMENDMENT [ASSENTED TO 12TH DECEMBER, 1935.] B ACT. OF 1935. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Coal Prod1lCtion and t t' Regulation Act Amendment Act of 1935," and shall be cons ruc IOn. re~ d as one with *" The Coal Production Regulation Act of 1933," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as "The Coal Production Regulation Acts, 1933 to 1935." Validation 2. Notwithstanding anything contained in the & of 0. Schemee, Principal Act, but subject to the provisions of subsection four of section four thereof, it is hereby enacted as follows : - (a) That - the Central Coal Scheme, the Mary- borough District Coal Scheme, and the West Moreton District Coal Scheme published in the Gazette of the eighth day of September, one thousand nine hundred and thirty-four, shall be deemed to have been valid and of full force and operation in all respects on and from the eighth day of September, one thousand nine hundred and thirty-four. (b) That the Central District Coal Scheme published in the Gazette of the twenty-second day of December, one thousand nine hundred and thirty-four, shall be deemed to have ,. 24 Geo. V. No. ]8, 8upra, page 14500.

COATJ. 1935. Coal Production Regulation, Etc., Act. been valid and of full force and operation in all respects on and from the twenty-second day of December, one thousand nine hundred and thirty-four. (c) That each of the Schemes referred to in the foregoing subsections (a) and (b) or any amendment thereof or any Scheme gazetted in substitution or purported substitution therefor shall be and be deemed to be in all respects the Central Coal Scheme or District Coal Scheme, as the case may be, under and for all purposes of the Principal Act and this Act from the date of the publication of the Scheme or amendment thereof or any Scheme III substitution therefor in the· Gazette, as the case may be. (d) That all Boards heretofore appointed under or purporting to have been appointed under the Principal Act or under any of the said Schemes shall be deemed to have been validly appointed as from the date when the same were appointed or purported to have been appointed, and all acts, determinations, and decisions of any such Board shall be deemed to have been validly done, made, or given: provided that nothing herein contained shall affect or prejudice the rights of any person under a judgment of any court of competent jurisdiction given or pronounced before the passing of this Act or any right of appeal from any such judgment. (e) That the Boards hereinbefore referred to shall be and be deemed to have been and to be the Central Coal Board or District Coal Boards, as the case may be, under and for all purposes of the Principal Act and this Act as from the date when the same were appointed or purported to have been appointed. (f) That all regulations made under or purporting to have been made under the Principal Act shall be deemed to have been authorised and validly made as on the date of the publication thereof in the Gazette. 15365

15366 COAL. Coal Production Regulation, Etc., Act. 26 GEO. V. No. 37, Amendments of the Principal Act. Amendment 3. Section thirteen of the Principal Act is amended, of B. 13. as follows;- (i.) Paragraph (a) is repealed and the following new paragraph is inserted in lieu thereof;- [Further powers of Central Coal Board.] "(a) The general control, management, and supervision of the Central Coal Scheme and/or any District Coal Scheme, with power and authority to administer any District Coal Scheme if in the opinion of the Central Coal Board there is any refusal, neglect, or failure of any District Coal Board to administer a District Coal Scheme or any part thereof, and for this purpose to exercise and perform all or any of the powers, functions, and duties entrusted to a District Coal Board under the. Act, and, subject to the approval of the Governor in Council expressed by Order in Council published in the Gazette, to rescind or amend, or to substitute a new Scheme for, any Scheme promulgated by the Central Coal Board by virtue of the powers given to the Board by section fourteen of the Principal Act." (ii.) Paragraph (e) is repealed and the following new paragraph is inserted.in lieu thereof;- "(e) Notwithstanding any Act or law to the contrary, to issue coal trading licenses to all coal owners producing coal or whose main works had reached the coal seam at the date of the passing of the Principal Act, and to refuse to issue a coal trading license to any owner of a colliery which in the opinion of the Central Coal Board has been abandoned prior to the passing of the Principal Act, or if the collieries in respect of which licenses have been issued can in the opinion of the Central Coal Board fulfil the requirements and demands for coal from any district, and to issue or refuse to issue coal trading licenses as hereinbefore provided in respect of coalmining operations in any district whether there is or is not a District Coal Scheme for such district;

COAL. 15367 1935. Coal Production Regulation, Etc., Act. Provided that nothing contained in this paragraph shall apply or extend to any coal owner to whom a coal trading license has been issued prior to the passing of *" The Goal Production Regulation Act Amendment Act of 1935" : Provided further that every such license may be suspended or cancelled by the Central Coal Board at its discretion and no coal owner whose license has beAn suspended or cancelled by the Board shall produce coal for use or sale in Queensland during the period covered by such suspension or cancellation: provided that the coal owner whose license has been so suspended or cancelled may appeal to the Minister, and the decision of the Minister on the hearing of such appeal shall be final and conclusive and be obeyed by all persons concerned, and be without appeal to any tribumil whatsoever: Provided also that in case of refusal by the Central Coal Board to issue any coal trading license, the applicant whose application has been so refused may appeal to the Minister, and the decision of the Minister on the hearing of such appeal shall be final and conclusive and be obeyed by all persons concerned, and be without appeal to any tribunal whatsoever. Such licenses shall be in the prescribed form and shall contain such provisions, conditions, and stipulations as shall be prescribed." 4. Section twenty-three of the Principal Act is Amendment amended by inserting therein, after the words "District of s. 23. Coal Scheme," where such words last occur, the following words, namely :-" or any Scheme in substitution for an existing Scheme." 5. Section twenty-five of the Principal Act is Amendment amended by repealing the word "public" and by of s. 25. inserting, after the word" notice," where it first occurs, * This Act.

15368 COAL. Goal Production Regulation, Etc., Act. 26 GEO. V. No. 37,1935. the words "in writing"; by repealing the words " all or any coal owners," and by inserting in lieu thereof the words " any coal owner"; by repealing the words " relating to coal" and by inserting in lieu thereof the words " relating to the production, supply, and/or sale of coal"; and by adding after the word " pounds" the words " and to a daily penalty of two pounds for every day during which the default continues." Amendment 6. Subsection two of section twenty-seven of the of 8.27. Principal Act is amended by omitting all words from and including the words "such books" to the words " one hundred pounds," and by inserting in lieu thereof the following words, namely :-" any books, accounts, registers, documents, or writings relating to any trans- action or transactions in connection with coal or in relation to coal mines shall be liable on conviction to a penalty not exceeding one hundred pounds and to a daily penalty of two pounds for every day during which the default continues." New s. 31A. 7. A new section 3lA is inserted, after section thirty-one of the Principal Act, as follows : - Intervention " [31A.] The Crown may, where in the opinion of by Crown. the Governor in Council the public interests or public services are or would be likely to be affected by any decision or determination of the Central Coal Board or of any local Board, intervene in any proceedings before the Central Coal Board or such local Board, or in reference to the Central Coal Scheme or any District Coal Scheme, and make such representations as it thinks necessary in order to safeguard the public interests or public services, and in the event of any such intervention shall be and be deemed to be a party in such proceedings accordingly. " COMMISSION, LICENSING. See LIQUOR. CONCILIATION AND ARBITRATION. See LABOUR (2),