Drainage of Mines Act of 1912 (3 Geo v No. 9) (Qld)

~ INING. 5685, 3 .GEO. V. No. 9, 1912. _ Drainage of Mines Act. , Any manager who neglects or refuses to furnish any return as hereinbefore required, or who wilfully makes a false return, shall be liable to a penalty not exceeding fifty ~ ounds. 17. The lessee or owner or manaO'er of a mine shall Inspection of keep proper books and accounts, f;om which may be books, &c. ascertained the expenditure of money in pursuance of' the covenant in his lease in that respect, and the amount of royalty, if any, payable in respect of the coal or mineral oil obtained from his mine, and also the correctness of, any return, and, when required to do so, shall produce ' such books and accounts to any officer appointed by the Minister to examine them.' . Any person who impedes or obstructs any such officer in the performance of his duty under this section shall be liable to a penalty not exceeding fifty pounds. 18. All the provisions of the Principal Act with Application respect to mineral leases shall apply to leases under this ; ! o; ~ ~ i~ : ; as Act, except in so far as those pro_visions are negatived or to mineral modified by this Act. leases. 19. The power vested in the Governor in Council Regulations. under the Principal Act to make Regulations shall extend to the making of all Regulations necessary for giving full effect to this Act. An Act to Make Better Provision for the Drainage 3 G N e o o . . 9 V . . of Mines. THE DRAINAGE 01' [ASS]l]NTED TO 24TH OCTOBER, 1912.J M O IN F E 1 S 91 A 2 C . T 'B' E it enacte~ by the Ki?-g's Most Excellent Majes~ y, _, by and WIth the ~ dvlCe and consent of the LegIS- lative Council and Legislative Assemblv of Queensland in Parliament assembled, and by the auth~ riLy of the same, ~ S follows : - _, _ 1. This Act may be cited as " The lJrainage of Mines Short title ,ActO! 1912," and shall be read as one with the Mining:::struetion .Acts. "The Mining Act of 1898"* is herein referred tqo£ Act. as the Principal Act. f rom 2 t . heThfiisrsAt cdt a - y shoafllMcaormcmh,eonncee tahnodustaankde mef.nfeecthuonndarnedd mCoemntmoefnAcec-t. and thirteen. iI< 62 Vie. No. 24, supra, page 217B.

5686' MINING. Drainage of Mines Act. 3 GEO. V. No. 9, Repeal of 3. The definition of "Board" in section three of. the ceenratcatimnents. Principal Act, and Part XII., comprising sections one hundred and eighty-four to one hundred and ninety-two, both inclusive, and subsections thirty-eight to forty-three, both inclusive, of section two hundred and forty-seven of the said Act, are repealed. All existing Mining Drainage Areas constituted, and all existing Boards elected, under the enactments hereby repealed shall be deemed to have been respectively con- ·stituted and elected under this Act. . Interpreta. 4. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings set against them respectively, that is to say,- Board. " Board"- A Drainage Board constituted or deemed to have been constituted under this Act; Drainage Area.. Mining Acts. "Drainage Area"-A Mining Drainage Area constituted or deemed to have been constituted under this Act; " Mining Acts"-" The Mining A.ot of 1898 "11 ~nd all Acts amending or in substitution for the same, including this Act. Constitution of Mining Drainage Areas. 1898, s. 184. 5. If it is made to appear to the Governor in Council~ Ca) That any mines within a specified area are so situated as to be liable to any influx of water, whether by flood water or the discharge or flow of water accumulated in any mine or other place, or by the percolation of water from any source, or in any direction, or in any other manner whatever, and whether from above or below ground; and (b) That, in order to prevent injury to or hindrance to the operations or increase to the costs of any mine or mines within such area from such influx, it is desirable that common action should be taken by and at the joint expense of the owners of the mines within such area; the Governor in Council may, by proclamation, constitute such area a Mining Drainage Area fOi the purposes of the Mining Acts. He may, by like proclamation, abolish any Mining Drainage Area or amend the boundaries thereof. Drainage 6. For every Drainage Area there shall be a Drainage B18o9a8rd, s s . . 185. Board. " 62 Vic. No. 24, ,upra, page 2178.

1912. MINING. Drainage of Mines Act. 5687 '1'he Board shall be elected by the owners of the mines within the Drainage Area, and shall consist of so many members as .may be directed by the Governor in Council, from time to time, by proclamation. At each election of a member or members of the Board each owner of a mine shall have one vote. ",Vhen a joint stock company or several persons are the owners of a mine, the directors of the company or such person!! shall, from time to time, appoint some person to vote on behalf of such owners respectively at elections of members of a Drainage Board. When a person, joint stock company, or several persons is or are the owner or owners of several mines, such person shall have a vote for each of his mines, and the person appointed by such company or several persons shall have a vote for each mine owned by such company or persons: Provided that all ground which is worked together as one minin g property shall for the purposes of this section be deemed to be one mine. 7. If within three months after a Dminage Area is Failure to constituted, the owners or a majority of the owners of the elect Boa,·d. mines therein fail to elect members of the Board for such Area, the Governor in Council may appoint a Board therefor, and the members so appointed shall be deemed to have been duly elected under this Act. 8. Every Drainage Board. shall be a body corporate Corporation. by the corporate name assigned to it by the Governor in Council, find shall have perpetual succession and a common seal, and shall be capable in law of suing and being sued, and shall have the power to purchase. machinery and materials for raising or draining water, or constructing dams, barriers, pumping-engines, and other drainage works for preventing the influx of water into mines within the Drainage Area, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. For all the purposes of this Act a Board may, on its own initiative or after default of any owner of a mine, construct, provide, or arrange for in any manner, maintain, and carry on any necessary works and appliances in or in connection with any mine, or on or in any place.within the Drainage Area.

5688 ~lNlNG. Draifl,age of Mines Act. 3 GEO. V. Np.' 9, Board may 9. (1.) For preventing the influx of water into mines require drainage .work!. within the Drainage Area, a Board may require any ownel'" of a mine within' thf' Drainage Area- 1898, s. 186. (a) 'fo raise or drain water from such mine con- tinuously or otherwise with any machinery already erected or that may thereafter be erected upon his mine, and to use such m9.chinery for rai!'ing or draining such water in such manner as the Board considers necessary; or ' (b) To construct, maintain, or repair upon his mine any dam, b'lfrier, pumping-engine, or other work~ , plant,' or appliances which the Board considers necesgary. (2;) If such owner does not forthwith comply with the requirement of the Board or at any time makes default in such compliance, or if such owner cannot be found, the Board may, by its officers, agents, servants, and workmen, enter upon the mine and proceed to raise or drain water therefrom, and from time to time construct, maintain, and repair such works, plant, or appli:mces, and do such things as appear to it necessary. Contribution 10. (1.) The cost of raising or draining water as owfocrkoss.t of aforesaid and of the construction, maintenance, or repair of 1898, s. 187. any works, plant, or appliances pursuant to the last pre- ceding sections, and any other expenses necessarily incurred by the Board in carrying out this Act, shall be borne by the owners of the mines within the Drainage Area; and the total amount of such cost and other expenses shall be contributed by them respectively in proportion to the benefit derived from the raising or draining of the water, or from the construction, maintenance, or repair of the works, plant, or appliances. (2.) The amount of such cost and other expenses shall be determined, and the contribution payable by each owner under this section shall be assessed and apportioned, by the Board. W.A., 1904, Each owner liable to contribute shall receive credit s.170. for the value of any work which he has performed in assisting to raise or drain watel'; but if the whole or any portion of the water raised Ol' drained by such owner is used or sold by him, the value of such water so used or sold shall be determined by the Board and deducted from such credit. '

MINING.. 5689 1912. Drainage of' Mines Act. 11. Any person who thinks himself aggrieved by the Apl?eal tBhoearadm' soausnstesosmf ecnotntmrI.abyu, tIw.OinthpinayoanbelemboynthhI.maftearnndootifcethoefaa1gs8as9em8s, ssmst.e1n8t7. .. amount of credit, if any, allowed him for assisting to raise or drain water, appeal to the warden. The warden shall hear the matter·after notice to all other parties liable or alleged to be liable to contribute. The warden may alter the Board's assessment and determine the amount of the contribution payable by such person. The decision of the warden with respect to such contribution shall be final and conclusive in all respects,. and shall not be set aside, reversed, altered, or varied by or questioned in any court upon any ground whatsoever. 12. (1.) The co~ tribution payable by each owner shall Cont~ ibution be a debt due to the Board by the owner, and if not Pilid t~ ~ 8~ ss~ 1~ ~ ~ t. shall be recoverable by the Board by proceedings in the warden's court or in any other court of competent jurisdiction. . (2.) When the contribution is payable by any owner, Contribution it shall, in case of default by such owner, be payable . by fsruocmcessors m . any other person or body of persons to whom or to WhICh interest. such owner's interest in the mine comes by operation of law. . - . (3.) Subject to prior encumbrances, the amount of Contribution every such contribution shall, after notification thereof by ~ l cha~ ge on the Board to the warden, be a charge upon the mine and le mme. ~ pon all plant, machinery, and effects the property of such owner or of any such person or body and used in connection with such rhine; and mch charge may be enforced by order of the w!\rden for the sale of such mine, ~ lant, machinery, and effects : . Provided that no liability in respect of any such contribution shall attach to the Crown. 13. The Board may make rules prescribing the Rules as to manner of assessing the contribution payable by each c" ntrib~ tion. owner. Such rules shall be published by the Board in such manner as the Board thinks fit, and he available to all persons liable to contribute, and shall not be altered ~ xcept by a majority of all the mem1>ers of the Board.

5690 MINING. Drainage of Mines Act. 3 GEO. V. No. 9, Contribution 14. Where the operations of efficient machinery or m b~ moews ntoewrsaordfs appliances which are emplo~ . ! ' ed in ralsinO 0 ' or draining expense of water from a mine are beneficial to another mine or .other ~ ~ ~ ~ ~ h~ r~ ! ~ ; . mines, or are rendered more onerous by reason of the 1898,8. 190, influx of water from another mine or other mines, the owner of the machinery or appliances shall be entitled to receive contribution towards the working expenses of raising or draining water from the first-mentioned mine from the owner or owners of such other mine or mines. The amount of such contribution shall. be in propor;. tion to the benefit conferred upon the last-mentioned mine or mines, or the amount of burden imposed by it or them, . as the case may be, and may be recovered by action in the warden's court or in any other court of competent, jurisdiction. Notice of If the owner of such machinery or appliances who discor.tinu- has claimed and received such contribution desires to dis- oafncmeabcyhionwen, e::- con t I ' nue sueI 1 operatI'Ons, h e sha11g'Ive at Ieats three 1898, s. 191. months' notice to all contributors, and also, if a Board has been constituted, to the' Board; and, if such owner dis-' continues such operations without giving such notice, or, . if a Board has been constituted without the express, permission of the Board, he shall be liable to damages for any injury which any contributor sustains in consequence of the discontinuance: . Provided that such owner shall not be liable for any damages on account of the discontinuance of operations, if such discontinuance was caused by accidental injury to machinery or any other cause over which he had no control, and if due diligence was exercised in repairing such injury to machinery (if any). W. A.190~, s.165. For the purposes of this section, the expression" owner of the machinery or appliances" includes a mortgagee and any person in possession of or using such machinery 01' appliances, whether engaged in mining or in'mining in conjunction with drainage or in drainage works only. Compulsory bailing. Hi. The owner of a mine in which water has accumulated, to the injury or probable injury of any adjoining mine, shall, upon a service of a notice calling upon him so to do by the party injured or likely to be injured or his agent, bail his mine or in some other manner effectually remedy the injury. Or the party injured or likely to be injured may lodge' a plaint in the warden's court, and the court may order

MINING. 1912. Drainage of Mines Act. ---------------------.--_._------ the owner of such mine to . bail the same and keep it continuously free from any injurious .accumulation of water. The court may also determine the amount of injury suffered from such accumulation of water by any person complainin~ , and order the owner of such mine causing the injury to pay the amount thereof. 16. The provisions of the two last preceding sections Application apply • to all mines whatsoever, wheth . er situated within s o e f c tt I ' O !o ns l . ast a Dramage Area or not, and whether situated upon Crown land or upon private land or elsewhere, and upon wllatsoever . tenure any such mine is held. 17. Every Board shall provide and maintain- plans of Plan~ to be the Drainage Area showing the positions of all dams, flood pl'ovlded. gates, and other works constructed by the Board. All known natural features likely to influence or permit of the flow or percolation of water, and all con- nections between mines, shall be clearly shown thereon. All depths and levels marked on such plans shall refer to a common datum. In the event of an appeal from the Board's assessment to the warden's court, the said plans shall be produced for its information if it so requires. A copy 6f such plans shall be lodged with the warden, and shall be available for public inspection. 18. When the holder' of a mining lease or of a claim Enforcement fails to pay the amount of any contribution which he ~ ~ f= ~ ~! e. is lawfully ordered to pay under this Act, the Governor in 1898, s. 192. Council may declare the lease or claim to be forfeited, and the same shall be forf~ ited accordingly. 19. No forfeiture, surrender, or abandonment shall Forfeiture, operate as a release or discharge of any debt due to :., ~ il ~ ~ to the Board which had been incurred under this Act or Bo: ~ d. e otherwise at the time of such forfeiture, surrender, or abandonment. 20. The Governor in Council may from time to time Regulations. make Regulations for all or any of the matters following, 1898, s. 247. that is to say,- (1) Securing the bailing of water from mines so as to prevent injury from such water to anv mining workings;

5692 MINING. Drainage of Mines Act. 3 GEO. V. No. 9, 1912. (2) Prescribing the qualifications of members of Boards, the time and mode of election, their tenure of office, and the mode of conducting their proceedings; (3) Empowering the Board to grant an allowance to the chairman to cover his expen~ es ; (4) Enabling the Board to enforce its orders or the orders of its chairman, or other authorised officer; (5) Empowering the Board from time to time to order all work to cease in any mine within its Drainage Area, when an9. for such time as it deems expedient; (6) Empowering the Board to compel the per- manent or temporary shutting and closing of all doors, gates, and other appliances in any . mines, whether constructed by the Board or not, for preventing flooding in any mines within its Drainage Area; (7) Empowering the Board to compel the bailin~ of water accumulating in mines, and the removal of any obstruction in mines hindering or likely to hinder the Board in viewing, repairing, or dealing with dams,gates, doors, or other appliances; (8) Regulating the carrying out of works ordered ~ y the Board, and the mode of recovery of any expenses incurred by the Board in doing the same. (9) Generally for carrying into effect the objects and purposes of this Act.