No. XLIII.
An Act for regulat ing the Management of the Gold Fields of New South Wales and for raising a Re venue therefrom and for the pre servation of order thereon. [28th December, 1852.]
| WH E R E A S Her Majesty Queen Victoria has been graciously | pleased to place at t he disposal of t h e Governor and Legisla |
t ive Counci l of N e w South W a l e s for t h e publ ic service of the said Colony t h e Revenues t o be derived from t h e Gold Mines a n d Gold Fields thereof and to au thor ize t he said Governor and Legis la t ive Counci l to de te rmine wi th Her said Majes ty ' s assent t he mode of
| ra i s ing a R e v e n u e from t h e said Gold Mines a n d Gold | Fields | and the |
| a m o u n t of fees | and royal t ies t o | be | pa id | u p o n t h e | work ing thereof |
| A n d whereas i t is expedient to m a k e Legislat ive provisions in aid | of |
| sions of th i s A c t heretofore m a d e or hereafter to be made by the Governor wi th t h e advice of H i s Execu t ive Council and publ ished in t h e New South Wales Government Gazette r e spec t ing t h e g r a n t i n g of l icenses to mine or dig for gold wi th in th i s Colony and respect ing t he claims or holdings of aur i ferous l and or o ther adjacent l and to be a l lot ted to or to be t a k e n u p or held by licensed persons or lessees and respect ing t he periods for wh ich licenses shall be issued or leases g ran ted and respect ing l icense fees r en t s or royal t ies to be paid for or in re la t ion to such licenses or leases and respect ing t h e t e rms and con dit ions upon which licenses or leases shall be g r an t ed renewed wi thheld or forfeited and respect ing t he forfeiture thereof upon the convict ion | of |
H e r Majes ty ' s R o y a l Pre roga t ive respect ing t h e m a n a g e m e n t of t he said Gold Mines a n d Gold Fields and for fixing and enforcing t h e p a y m e n t of such fees and royal t ies and also to m a k e fu r ther and be t t e r provision for t h e preservat ion of order a t and in t h e ne ighbourhood of such Gold Mines a n d Gold Fields Be i t therefore enacted by H i s Excel lency t h e Governor of N e w Sou th Wales w i t h the advice and
| consent of t h e Legis la t ive Counci l thereof | as follows :— |
| 1. Al l rules and regu la t ions | n o t inconsis tent | wi th t h e | provi |
of any holder thereof of cer tain offences and respect ing t h e t rans fe r of a n y claim or ho ld ing whe the r held unde r license or lease and respect ing any other m a t t e r s a n d t h i n g s which m a y be requis i te e i ther for ca r ry ing in to more complete effect t h e m a n a g e m e n t a n d w o r k i n g of t h e Gold Mines and Gold Fields of t he Colony and t h e collection of t h e R e v e n u e s to be derived therefrom or for p reven t ing abuses incident there to shal l h a v e t h e force and effect of law u n t i l repealed a l te red or amended by any A c t of Counci l or by subsequen t ru les a n d regula t ions to be m a d e b y the said Governor and Execu t ive Counci l
| which said subsequent | ru les a n d regula t ions shal l have t h e l ike force |
| and effect | Provided | always t h a t all such ru les and regula t ions shall |
be la id before t h e Legis la t ive Counci l w i th in one m o n t h from t h e m a k i n g thereof respectively if t h e Council be t hen in Session or if no t t h e n wi th in one m o n t h nex t after t he commencemen t of t h e t h e n
| n e x t ensu ing Session of t h e said | Counci l . |
| 2. I t shal l be lawful | for t he said Governor w i th t h e advice of |
| t h e said Execu t ive | Counci l to m a k e ru les and | regula t ions | au thor i z ing |
| H i s Exce l lency to g r a n t t o | Br i t i sh | subjects only leases or l icenses for |
| m i n i n g purposes of t r a c t s of aur i ferous | l and | for t e r m s | n o t | exceeding |
| twenty-one years u p o n | appl icat ions or tenders to be m a d e w i t h or |
w i t h o u t t h e offer of a p r e m i u m or upon b iddings a t auct ions to be for t h a t purpose held and upon such t e rms and condi t ions in o ther respects as by such ru les or regula t ions shal l be requ i red and also to cause to be p u t u p to auc t ion to t h e h ighes t b idder for t h e purposes aforesaid in a l lo tments to b e held unde r single personal licenses por t ions of auriferous l and which shal l no t have been claimed or t a k e n u p by l icensed persons pr ior to notification by t h e Res iden t Commissioner of t h e in ten t ion to hold such auc t ion Provided always t h a t a preference shal l in all cases be given to t h e discoverer of a n y auriferous r iver or t r ac t of l and who shal l have communica ted such discovery t o t he said Commissioner and established the same to his satisfaction.
3 . W h e n any Gold M i n e or Gold F ie ld shall have been dis covered upon any Crown Lands t h e n unde r lease or l icense for pas to ra l purposes i t shal l be lawful for t h e Governor to suspend t h e said lease or l icense so far only as m a y be necessary for effectually work ing t h e said Gold M i n e or Gold Fie ld and t he r eupon to r e t u r n or remi t as t h e case m a y r equ i r e such por t ion of t h e r e n t of t h e lessee of t h e said
| l ands as h e may t h i n k reasonable a n d j u s t and also to pay | to h i m out |
| of t h e R e v e n u e derived from t h e Gold | Mines or | Gold Fields of t h e |
| reason of such suspension such compensat ion t o be ascer tained by | Colony full compensat ion for t h e loss if any sus ta ined b y h i m by |
| va luers or an u m p i r e appoin ted in t h e m a n n e r ment ioned in section |
| t h r ee of chap te r two of | H e r Majes ty ' s Order in | Counci l | of | t h e | n i n t h | |
| day of | M a r c h one t housand eight h u n d r e d and | forty-seven. | |
| 4. N o person shal l mine or dig for gold or shall car ry on or follow any t r ade business ca l l ing or occupat ion otherwise t h a n in connect ion only wi th pas tora l or ag r i cu l tu ra l pursu i t s a n d u n d e r lawful au thor i ty in t h a t behalf a n d except as hereinaf ter provided upon any Gold F ie ld or shal l reside u p o n any Gold F ie ld t h e n in course of be ing worked as such wi thou t t h e n ho ld ing a l icense au thor iz ing such person in t h a t behalf signed by some Commissioner |
| of | Crown L a n d s | appointed for | or ac t ing wi th in a Gold | Dis t r ic t | |
| Prov ided always t h a t th i s enac tmen t shal l n o t apply to persons ho ld ing leases or l icenses on condit ion of pay ing a roya l ty or pro por t iona l p a r t of t h e gold p rocured or t o t h e officers and servants of such persons whi ls t work ing on the l and in respect of which s u c h roya l ty or p ropor t iona l p a r t of t he gold shall be payable no r |
| shal l t h e same ex tend to women | or to chi ldren u n d e r fourteen | |
years
years of age who shall only reside upon such Gold Field wi thou t m i n i n g or d igg ing for gold or ca r ry ing on or following any t rade business
| cal l ing or occupat ion | there in . |
5. The ord inary license fee to be paid by Br i t i sh subjects for
| l iber ty to m i n e and dig for | gold in any W a s t e Lands of t h e | Crown |
shall be t he s u m of t h i r t y shil l ings per calendar m o n t h commencing on t h e first day of t h e m o n t h for each individual person licensed payable in advance .
6. The a m o u n t of roya l ty to be reserved in cases where leases or licenses shall be g ran ted to Br i t i sh subjects on t he t e rms of pay ing a royal ty in l ieu of l icense fees shal l where t he said lease or l icense shall apply to or affect any W a s t e L a n d s of t h e Crown be one- ten th of t he gross produce of gold procured from such lands .
7. I n cases in which any such licenses or leases as aforesaid shall be g ran ted for min ing or digging for gold in lands be longing to pr iva te individuals unde r g ran t s thereof from the Crown t h e fees and royal t ies respectively to be payable shal l be one-half t h e a m o u n t hereby fixed in respect of licenses and leases affecting Crown Lands and no such l icense fee shall be demandable by t h e Crown from persons res ident on and employed on such lands and not directly engaged in m i n i n g and digging for gold there in .
| 8. Persons not be ing subjects of t h e Br i t i sh Crown shal l be l iable to twice t h e license fees a n d royalt ies payable by | Br i t i sh |
subjects a n d if any alien shal l obta in a license otherwise t h a n in accordance wi th t he enac tmen t conta ined in th is clause such license shal l be a n d be deemed to be and to have been void ab initio and t h e claim or hold ing of such person shal l be forfeited and shall be ass igned by the Commissioner of t h e distr ict to any licensed person who m a y give informat ion t ha t t h e license held by such person is no t in accordance he rewi th and such person shal l be liable to be proceeded aga ins t u n d e r t he provisions hereinaf ter contained as a person m i n i n g
| and d igging for gold wi thou t a l icense | Provided always t h a t if any |
| person r epu ted | to be an alien | shal l c la im t h e privi leges of a | Br i t i sh |
| subject u n d e r t he provisions of th is A c t the proof shal l lie on | such |
| person t h a t he is duly ent i t led to obta in t he same. |
9. I f any person shall apply for a l icense as aforesaid on a day in any m o n t h after t he fifteenth day thereof a n d i t shal l be shewn to t h e satisfaction of t h e Commissioner applied to for t h e same t h a t such person has not d u r i n g the preceding fifteen days done any act whereby he has become subject to any of the penal t ies by th is Ac t imposed i t
| shal l be lawful for such Commissioner to g r a n t such license for t he |
| t h e n res idue of t he said m o n t h upon p a y m e n t of fifteen | shil l ings | only. |
10. I t shal l be lawful for t he Governor wi th t he advice of t he Execu t ive Counci l to impose a fee n o t exceeding twenty-five pounds on all persons who shall apply unde r t h e provisions of th i s Ac t for qua r t z veins and t r ac t s of auriferous lands and the l ike fee u p o n t h e renewal of any such appl icat ion or of any appl icat ion made previous to t he pass ing of th i s A c t by such regula t ions as may from t ime to t ime be establ ished in t h a t behalf and every such fee shall be payable in advance a t t he t ime of lodging such appl icat ion respectively b u t shall be r e tu rned to t h e person pay ing the same if his appl icat ion shal l no t
1 1 . I t shall be lawful for t he Commissioner hav ing the pr incipal
| au tho r i t y unde r t h e regu la t ions | of | t h e | Governmen t in any distr ict to |
| pe rmi t | by wr i t i ng unde r his h a n d | any persons to employ themselves |
wi thou t t he p a y m e n t of any license fee in cu t t ing or m a k i n g t unne l s or races for t h e purpose of d iver t ing water-courses or car ry ing away superfluous wa te r from auriferous lands Provided t h a t securi ty he
| given for t he | p a y m e n t of t h e usua l royal ty upon | any gold | t h a t | m a y |
be procured in t he course of such works and provided also t h a t if any of t he persons so employed shal l whi ls t exempted from such payment u n d e r such permission as aforesaid m i n e or dig or work for gold otherwise t h a n in t he course of such employment and incidental ly there to such person shal l be l iable to twice t h e penal t ies imposed b y
| the seventeenth section of th i s Ac t a n d also to t h e | forfeitures |
| ment ioned in t h e e igh teen th and n ine teen th sections hereof. |
12. N o such lease or license as aforesaid shall be g ran ted to any person who shall no t produce to t h e Commissioner to w h o m he shall apply for t h e same a certificate or o ther proof to t h e satisfaction of such Commissioner t h a t he has been duly discharged from his las t p lace of service if a n y and t h a t he is no t t h e n u n d e r any con t inu ing cont rac t of hi red service or apprent iceship and improper ly absent from such service and if any such person shal l obta in such license and it shal l af terwards be ascer ta ined t h a t a t t he t i m e of ob ta in ing t h e same h e was under t h e disqualif ication aforesaid such license shall t he reupon be deemed and t a k e n to be and to have been void ab initio and t h e claim or ho ld ing of such person shal l be forfeited and shal l be assigned by t h e Commissioner of t he distr ict t o any licensed person who may give informat ion of such disqualification and such disqualified person shal l be l iable to be proceeded agains t unde r t h e provisions hereinaf ter contained as a person m i n i n g or d igging for gold w i thou t a l icense.
13 . The several Commissioners of Crown Lands appoin ted for
| t he Gold | Dis t r ic t s | shal l | w i th in the i r | respect ive | distr icts have | full |
| power to de te rmine t he ex ten t and posi t ion of each licensed | person 's |
| claim or ho ld ing of l and a n d to m a r k t h e same. |
| 14. Subject to t h e provisions of th i s A c t and to t h e ru les | and |
regula t ions to be m a d e by t h e Governor a n d Execu t ive Counci l as aforesaid a n d to t h e t e rms a n d condi t ions on which any lease or l icense as aforesaid shal l have been g ran ted t h e holder of any such lease or license shall du r ing t h e con t inuance thereof be deemed in t he l aw to be t h e owner (except as aga ins t H e r Majesty only) of t h e t r a c t of l and or claim or ho ld ing which shal l be specified in such lease or license or which shal l by t h e de te rmina t ion of any such Commiss ioner as aforesaid unde r t h e twelfth or twen ty - four th sections of t h i s A c t have been specifically allowed to such holder a n d d u r i n g such con t i nuance as aforesaid all gold and gold ore t h e n be ing in or upon the said t r ac t claim or ho ld ing shal l except as aga ins t H e r said Majesty
| be deemed in t h e law to be t h e cha t t e l p roper ty of such holder. |
| 15 . I t | shal l be lawful for t he holder of any t r ac t or c laim or |
hold ing of l and u n d e r license to assign and t ransfer t h e same to any qualified a n d licensed person provided t h a t such ass ignment and t ransfer shal l be certified to t h e Res ident Commissioner a n d a n en t ry thereof m a d e in a book to be k e p t for t h a t purpose by such Commis sioner for which en t ry t h e Commissioner shall be paid a fee of t e n shi l l ings on behalf of H e r Majesty for t h e publ ic services of t h e Colony before m a k i n g t h e same and upon such ass ignment or t ransfer and the en t ry thereof t he transferee whils t ho ld ing a valid license shal l be deemed to be t h e holder of t he said t r ac t claim or ho ld ing a n d t h e
| propr ie tor | of t h e | gold | and gold ore there in | wi th in t h e m e a n i n g | of |
| t h e four teen th | clause of th i s | Act . |
16. I f any person shal l whils t ho ld ing a license or lease as aforesaid be convicted of any felony or misdemeanor or shal l be con victed as an idle a n d disorderly person or as a rogue and vagabond or an incorr igible rogue or of unlawful ly selling or p e r m i t t i n g to be sold any fermented or sp i r i tuous l iquors or of keeping any gambl ing or other disorderly house or place t h e n and in every such case t h e license or lease of such person shall the reupon by force of th i s enac tmen t
become
become and be cancelled and of n o force or effect and t h e claim or ho ld ing of such person shal l t he r eupon be absolutely forfeited and shal l bo open to selection and occupat ion by any duly l icensed person o ther t h a n t h e person so forfeiting t h e same Provided always t h a t no
| s u m m a r y convict ion | for | a n y | common | assaul t | shal l subject t h e | pa r ty |
| convicted to t h e pena l ty and forfeiture imposed by th i s | enac tmen t . |
| 17. E v e r y person who after t he expi ra t ion | of t he first seven |
days in every m o n t h or after such earlier day as shall be n a m e d by t h e local Commissioner for the i ssuing of l icenses for t h e t r ac t w i th in which such l and shal l be s i tua ted shal l mine or dig for gold in any l and whatsoever in N e w South W a l e s w i thou t be ing duly au thor ized in t h a t behalf by lease or l icense as aforesaid a n d every person who shal l w i thou t be ing duly au thor ized as aforesaid car ry on or follow any t r ade business cal l ing or occupat ion or become resident u p o n or a t any of t he Gold Mines and Gold Fields proclaimed as such on Crown Lands (such persons not be ing wi th in t he except ion hereinbefore con ta ined) shal l be l iable on conviction before any two Jus t i ce s of t he Peace to t he penal t ies following t h a t is to say for t he first offence a s u m no t exceeding five pounds for t he second offence a s u m not exceeding fifteen pounds no r less t h a n five pounds and for the th i rd a n d every subsequen t offence a sum no t exceeding t h i r t y pounds nor
| less t h a n fifteen | pounds . |
| 18 . Al l gold or gold ore and all imp lemen t s a n d | appa ra tus |
ordinar i ly used for t h e p rocu r ing of gold which shall be found in t he possession or power of any person who shall have mined or d u g for gold or who shal l be reasonably suspected to have so mined or dug wi thou t be ing duly author ized so to do by lease or license shal l be l iable to be seized by any such Commissioner as aforesaid or his ass is tants or u n d e r t h e w a r r a n t of any Jus t i ce of t h e Peace a n d u p o n t h e convict ion of such person of such offence or upon concealment or flight of t he offender or suspected offender t h e same together w i t h any ten t h u t or bu i ld ing erected or occupied by such person upon Crown Lands shall bo confiscated by t h e s u m m a r y order of any J u s t i c e of t he Peace and shal l t he r eupon be sold or destroyed as m a y seem best to t h e said Commissioner Provided t h a t if t he suspected offender shall appear and shal l no t be convicted such gold a n d other p roper ty shall
| be fo r thwi th res tored to | h im. |
19. A l l money and o ther p roper ty whatsoever which shall have
been acqui red by any person by or by means of his hav ing mined or
| d u g for gold w i thou t be ing duly author ized in t h a t behalf as aforesaid | shal l be deemed t h e p rope r ty of H e r Majesty t he Queen and m a y be |
| seized wheresoever found or be ing by or by order of any Commissioner of Crown L a n d s unless t he same shall previously have passed for va luable considerat ion to a bona fide pu rchase r thereof w i t h o u t notice of the unlawful acquis i t ion thereof and upon conviction of such person of such unau tho r i zed m i n i n g and d igg ing unde r t h e provisions hereof and u p o n proof m a d e to t he satisfaction of any Jus t i ce of t he Peace t h a t such money and p rope r ty was so as aforesaid acqui red by or by means of such unau tho r i zed m i n i n g or d igging a n d t h a t t h e same has not passed in m a n n e r aforesaid to a bond fide purchaser wi thou t notice as aforesaid t he same shall be by such Jus t i ce summar i ly declared and adjudged to be long to H e r said Majesty a n d shall the re upon lawfully vest in H e r said Majesty for t h e publ ic uses of the Colony. |
| 20. | Eve ry person who shal l o therwise t h a n under t h e | au tho r i t y |
of a lease or l icense g ran ted u p o n condit ion of r ender ing a roya l ty only employ any unl icensed person in any of t he said capacit ies for which such persons are hereinbefore requi red to hold a l icense as aforesaid or shal l permi t or suffer any such unl icensed person to be so