Gold Mining Act 1870 (SA)
ANNO TRICESIX10 TERTIO ET TRICE:$IRIIO QUARTO
No. 26.
Al2 Act to amend the Laws rek(&zy to Gold Miniltg and for other
pztrposes. -
[Assented to, 13th January, 1871 .]
HEREAS it is expedient to amend the Laws relating to Gold Preamble.
Mining in South Australia, aud to provide for the issue of licences for the occupation of waste lands of the Crown for pur- pose of residence, and for the leasing of waste lauds for certain mineral purposes-Be it therefore Enacted by tllc Govcrnor of tllc Province of South Australia, with
tlic advice and consent of the 1,egislative Council and House of Assembly, in this present Parliament assenibled, as follows:
1. This | be divided into four parts, that is to say :- | Division |
ART I.-Relating | to gold mining: | ||
ART IT.-Relating |
|
PART | rrr.-Relating | to leases of lmda containiug cod and n h c m l |
oils:
2. So much of an AA to aiuend tlic Waste Lands Act, being Rcpe"*
KO. 18 of | 1858, as relates to mdring, varying, |
tions affecting the issue of gold licences; and also nn Act, No. 10 of 18654, intituled
Au Act to amend tlre laws relating to the i,easing of the Waste Lands of the (:row11 within the Province of South Australia for Mineral Purposes," are hereby repealed: Provided that no existing rights heretofore grauted or obtained under the said Acts, or ~lndcr any regulations n~ade in pursuance
thereof, shall be hereby affected. |
120 33" &34" VICTORI.Z, No.26.
lations made in pursuance thereof, the following terms shall have the meaningp set against them respectively, unless the context | ||
|
Mine" or | Mining"-Any | mode or method of morlcing what- |
soever whereby the soil or earth, or any 'ock or stone,
niay be disturbed, removed, carted, carried, waslmi, sifted,
smelted, refined, crushed, or otherwise dealt with for the purpose of obtaining gold, mhether the same may have been previously disturbed or not, as well as the appropriation of such gold by the finder thereof to his own use:
Goldv-As | well any gold as any earth, clay, quartz, stone, |
mineral, or other substance containing gold, or having gold mixed therein, or set apart for the purpose of extracting gold therefrom:
Waste Landsv-All | lands within the said Province vested in |
Her Majesty which have not been or may not hereafter be rcservcd for and dedicated to any lawful purpose, or which have not been or may not hereafter be granted or lawfully contracted to be granted in fee simple, or leased with a right of purchase under the provisions of The Scrub Lands Act, 1866," or leased under the provisioiis con- tained in clause 8 of this Act,
Claim"-A | parcel of Crown land which each person or |
pany shall be entitled to occupy, or to occupy and mine ilz, by virtue of any miner's right, licence, or lease issued under the provisions of this part of this Act, and every holding whatsoever occupied by virtueof this part of this Act:
Business "- |
mining, and any vending or disposing of any goods, wares, merchandize, or chattels, whether by hawlring or in any
other manner, except tlie hawking of &ilk, butter, vegetables, |
or other farm or garden produce: |
Wardenv-One | of Her Majesty's Wardens in and for the said |
Province duly appointed under this Act:
Words importing the singular number s11all include the plural number, and words importing
the ruasculine gender shall include
* | the feminine gender. |
4, Subject to the provisions of this Act, and of the regulations to bc nxde hereunder, | |
5. Every such miner's right shall be in force from the date Bere- of until the expiration of twelve calendar months fiwm such date, |
33" &34" VICTORIE, No. 26.
Gold Mining Laws Ame?zdment Act.-1870-7 1. and sha11, during the said period, authorize the holder to search and miue for gold upon ally waste land, and to occupy (except as against Her Majesty), for the purpose of residence in connexiori with the object of mining, so much land as may be prescribed under the regulations aforesaid; and every such holder shall, during the continuance of such miner's right, be deemed in lam to be the owner of the claim which shall be occupied by virtue of such miner's right, and duriug such continuance, as aforesaid, all gold then being in and upon the said claim shall be deemed in law to bc the absolute personal property of such holder: Provided that no such search or mining shall be prosecuted or carried on within a radius of fifty yards of any shaft or working then being carried on by the licencee or lessee of waste lands for mineral purposes.
6.
A special prospecting licence, securing to the holder the right Specialprospectiy
of search for gold for three months from the date thereof, over all | licence. |
unsold and waste lands of the Crown comprised witbin a mineral lease (to be specified in the special prospecting licence), provided such search is not prosecuted within ,z radius of fifty yards of any workings bcing carried on by thc lessee, may be issued by the Commissioner of Crown Lands after giving one month's notice to the lessee, upon payment of |
7. Subject to the provisions of this Act and the regulationsBusinoae licence. aforesaid, any warden may grant a licence to any person applying for the same, on payment of
n fee of One Pound, which licence shall be in force till the expiration of the three calendar months from the date thereof, and shall authorize the holder to occupy, for thc purpose of carrying on business upon my gold-ficld during such period, so much of' the waste lands, not exceeding one quarter ofan acre in extent, as may be deemed desirable by the warden, and
for the purpose aforesaid to put up ally building or otlier erection, | and at any time to remove the same; and every such holder shall, | during the continuance of snch business licence, be deemed in lnw |
to be possessed (except as against Her Majesty), of the land which | ||
he shall occupy by virtue of such licence, and the property in such laud sliall be deemed |
8. The Governor, with the advice and consent of the E x e c ~ ~ t i ~ ~ | s o l d nlining leases. |
Council, may, subject to and in accordance with the laws in force for the time being respecting waste lands and the provisions of this Act and the regulations aforesaid, grant leases for mining purposes of portions of auriferous lands, and fix the amount to be paid by way of rent therefor: Provided that the area to be included in any gold mining lease shall uot exceed forty acres.
+- |
Gold Mining Laws Amendment Act.-1 870-7 l.
Pennlty for unlnw-
9. If any person not holding a miner's right, licence, or leasc under this Act, shall luiue for gold on waste lands, wlretlw on his own behalf or on behalf of any other person, whether or not the lawful possessor of m y claim, or as partner with any such person, he shall be liable on conviction to pay for each such oK'e11ce | |
the burthen of proving that he is the holder of a miner's right, | |
licence, or lease shall rest upon him. |
10. |
Any person not holding
n business licence who shall occupy m y waste lands for the purpose of business, or shall carry on business thereon, shall, on conviction before the warden, be liable ton penalty not exceeding Five Pounds for the first such offence, and not ex- ceeding Ten Pounds nor less than Five Pounds for every second or .any subsequent such offence, and the burden of proof that he
licence. is duly licensed shall rcst upon him.
Appointment of
1 1. The Governor, with the advice aforesaid, ruay appoint one or more person OY persons to be a warden or wardens; and such person | |
or persons may from time to time remove, and another or others | |
may appoint in their stead; such warden or wardens, when so appointed, shall have power aud authority, subject to the provisions of this Act and the regulations to be made hereunder, to determine the extent and position of the clainl to which any person or com- pany is entitled under any miners' right, or lice~lce issued under the provisions of this Act, ancl to do all such acts, matters, and things as he or they is or are authorized and required to do by this |
12. It shall be lawful for any warden to hear and determine, in |
mumnary way, all suits and disputes between the holders of miner's rights, either amongst themselves or in relation to tliemselves and thlrrl parties, which may arise :-
I. | Coxlccrning any waste lands which any person shall be or claim miner's right granted for mining for gold, or wherein or whereon any person shall be or claim to be entitled to cut, construct, or use any race, drain, clam, or reservoir, for gold mining purposes by virtue of a miller's right, | to be entitled to take possession of 'or occupy Ly virtue of a |
3.3" &34" VICTORIZ, No.26.
870-7 |
n. Concerning any waste lands or share or interest therein, which the complainant shall claim to be entitled to take possession of and occupy for business, under a business licence, and concernirlg any trespass or encroachment on any such land.
m. | Concerning the right which any person shall have or claim to have by virtue of |
as aforesaid, to the use and enjoyment or sale of any water
to which any person shall claim to be entitled, and concerning the right which any person shall have or claim to have to any priority of water taken, diverted, or used, or claimed to be tdcen, diverted, or used, under the provisions of m y such Act, as against any other person claiming the same.
rv. Concerning, any encroachment or trespass upon any suchland, race, drain, dam, or reservoir as aforesaid, and con-
cerning the diversion or abstraction of any water possessed or used under a miner's right, or under any such licence as aforesaid, of which land, race, drain, dam, reservoir, or wat,er, any person shall be and s l d l claim to be entitled to be in the occnpation, possession, use of enjoyment for mining purposes, and concerning any unlawful interference therewith or iujury thereto, whether wilful, or by negligence, or wro~gful
oniission, causing damage thereto, and whereby miniug shall have been hindered or delayed, or any machinery
on any such land damaged, or the supply of water, any person shall be 1,zwfidly entitled, shall be lessened, and concerning the unlawful ouster or exclusion of any persorl from any share or interest in any such laud, race, drain, dam, reservoir, or water, and concerning the damages a id compensation for allysuch encroachment, trespass, ouster, diversion, abstraction,
interference, or injury.
v. | Concerning or out of ally contract, verbal or otllerrvise, relating to mining under a minor's right or licence as aforesaid, or respecting any such land or water as aforesaid, or any s11are | or interest t l ~ i ~ e i n, | and concerning any debt or money due |
in respect of any such contract:
vl. Concerning any gold in or to be tnken out of any land occupied or held as aforesaid, or out of land in which any person s l d be entitled to search for gold under m y such licence as aforesaid, and concerning or out of any contract relating to such gold, or to m y money due in respect of the same, or relating to any sliare or interest therein:VII. Conceruing or out of my contract, respecting the using for milling purposes of any such lmd, mce, drain, darn, reservoir, or water as aforesaiid; or otherwise in relation to gold mining on waste lands occupied ul~der miners' rights or liccnccs, and concerning any money d ~ ~ e in respect of any such contract:
vru. Concerning or out of any partnership or agreement in the
matter thereof,written or verbal, relating to mining in2 0 any
33" &34" VICfI'OR12f3, No. 26.
Gol8 Mitailzg Laws Amendment Act.--1870-7 l. any waste lands occupied under miners' rights or iieences
as aforesaid, or for or in relation to the searching for my
such gold, or concerninq or out of any partnership in any such land, water race, diain, dam, reservoir, gold, or con- cerning or out of any contract for or in conncxion therewith, or for dissolving in the whole or in part, any such part- nership, or which may arise between tenants in common or joint tenants in relation to any such land or water, or in any share or interest therein:
rx. Concerning boundaries for the purpose of ascertaining the same betwcen portions of any such land in all cases where any such boundaries shall be in dispute or be con- fused, and whether there may exist or not, the circumstances required by a Court of Equity to grantrt suit for the asccr- tnininent of boundaries, and the warden may ascertain such boundaries by such means as shall be found convenient, and shall decide about the eame, and shall make and give all such orders and directions as shall be necessary for the purpose of carrying out such decision:
X. Generally concerning all questions and disputes which may
arise between miners holding miners' rights or licences in
relation to mining on waste lands:
And the jurisdiction hereby given to the warden shall extend not only to cases where the litigants slldl be the parties originally interested in the cause of suit; but to cases where the title of any such litigants s l d l be derived as assiguee or persoils1 representative or otherwise, from or through any of' such parties, arid in exercise of his jurisdiction, every sucll warden may nlake such order as may be just, and without regard to any r~~lle of law affecting form only, or to the practice of any Court of Law or Equity, and in every case
m 6 a,ward such reasonable costs to hc paid the succcssful party as hemay deem fit.
14. The mode of proceeding in any complaint before the warden shall be as follows:-Tlm person complaining shdl lodge a plaint note with the warden, in the form in Schcdule D to tllis Act, specifying therein shortly the subject matter of the complaint, and the reniedy sought to be obtained. Upon receipt of such plaint note the warden wit11 whom the same is lodged shall give notice in the form in Schedule E to this Act, b~ post or other&e, to the party complained against of the nature of the complaint, and the time and place at which the same will be heard and determined. | |
warden
870-71. |
warden is hereby authorized to administer in support thereof, nud the warden, having heard such statement :1nd eviclence, slid1 give his decision, a d SWII decision s l d l be f i r d find conclusive: Pro- vided that the ~vnrdeu shall have power to d j o ~ w l i the hearing of' such complaint to any other timc or place,
ancl may, either a t the original Iremitg, or a t any aclj our~~nleiit, proceed in the absence of eitlier party.
15. I t shall not bc necessary that airy order or clecisioil inade by the warden slid1 be fom~ally | Dccision |
in writing. |
drawn up in tlle first instnuce, but the
record in the warden's book, wl~ich lie is llcrcby required to kcep for tile purpose, shall bc sufficient evidcllce of the making of m y
such order, and of the tcrius tilereof, ancl cither party to a suit s l d l
be a t liberty to ohtain a copy of recod therein 011 payment to the
warden of a fee of Two Shillings and Sixpence.
16. Tile warden, upon the hearing of any complaint as aforesaid, and upon proof of any gold having been unlawfully taken or removed fiom the claim of any pPrsoa encroached or trespassed upon, of wllicll any fitding as :%foresaid s l i d be sufficient evidence, may cause any such gold to he summm*ily seized and dclivercd to the person encroached upon, and lmy also cause the whole or any part of the clsinages ascertaiued as aibrcsaid, to a11 amount not exceeding Fifty Pounds, to be paid by the pcrson so having encroachcd or t8respnssed, to be recovered by distress and sale of the goods and clmttels | |
for the recovery of any S L adjudged by Justices of the Pcace as ~ | |
shall be imprisoned for clefkult in payment of such danmgcs for |
17. Every persou who shall assault or resist any warclen, or any Protectionof |
person duly authorized by him, whilst in the execution of any duty under this Act, or who, after the hearing and detcrniirhg of any complaint as aforesaid, and having had the hounda~ies of his cl&< or his mode of operation pointed out by such warden, shall again encroach or trespass, or wlk shall worlrm'or attempt to ' work | & |
any claim or gronnd, or pursuc
m y operation the worlrirq or pursuit of which shall have been duly enjoined or suspended &der this Act, or who sliall be guilty of any conteiqt of the proceedings before the w d c n at nny sitting, shall he liable to a penalty not exceeding Twenty-five Pounds, or, a t the cliscrctica of the idjndi- eating warden, be imprisoned, with or without hard labor, for anyberein may be i n tfle form in Schedule P to this A et: Provided that a wardell shall not adjudicate in any case in which he may be interested.
33" &39" VICTOBI2l3, No. 26.
Gold Mining Lnzos Amendment Act.-1870-71.
PART | 11-Occupation | Licences: |
Occupation lioencea
18. The Governor, with the advice and cousent of the Executive Council, may grant to any bond |
1)rtermination | |
20. Any mincral leasc hereafter to be issued shall contain a pro- be issued for | |
vision to the effect that occupation licences, as last aforesaid, may |
under regulations to be madc as hereinafter provided.
lor |
aforesaid, or any person having been licensed shall hold over any | ||
snch lmds after thc expiration of his licence whether by effluxion | ||
| ||
Peace for the said Province, forfeit and pay a penalty of not exceeding Ten Pounds for such offence, and the proof that such person is the holder | ||
may grant
Council, and ~uhject to the regulations to | |
of this Act as hereinafter mentioned, may grant |
a lease for |
peppercorn rent of any portion of the wmte lands of the Crown
in the said Province. not exceed in^ in area ten thousand acres in one block, for tlm ' purpose of &ling, sinking, boring for and obtaining coal, or petroleum, or other mineral oil thereon and |
J W t of ~urobaae* therefrom; and the lessee or lessees of the said landshall beentitled
to a right ofpurchase thereof atany timeduring thelast
thirteen
33" &34" VICITORTX, No. 26.
870-7 |
thirteen years of the said term, at the price of One Pound per
acre, upon giving to the Conmissioner of Crown Lands six
calendar months' notice of his or tbeir intention so to do: Provided | |
that such land shall not be situated within the limits comprised in any lease or licence already granted, whether for pastoral or nlineral purposes. | |
Lease | |
years from the date of such lease prove to the satisfaction of the | years. |
Governor i11 Executive Council that coal, or pef-roleuin, or some other mineral oil exists therein in payable quantities, such lease shall be absolutely forfeited at the expiratiou of such two years, and the lands therein cornprised shall revert to the Crown: Provided that the Government of the said Province shall have the option of purchasing at a vvaluatioli from tllc lessee or lessees all or any part of the machinery and improvements erected or being on the said land at the time when the lease shall be so forfeited. | |
24. The lessee or lessees of any such land shall not be entitled to claim or receive any reward, now or hereafter to be ofliered by | |
the said Government, for the discovery of a payable coal |
25. Ally person who shall forge any miner's right., licence, or | m i n d s rights, | or |
lease, or any occuloation licence issued or purporting to be under the authority of this Act, or fraudulently use, utter, or exhibit any such 6rged miller's right, licence, or lcase, or any occupatiod liecncc, knowing the same to be forged, or fraudulently personate the holder of any such ruiner's right, licence, or lease, or any such occupation licence, shall be guilty of felony, and, on conviction, he shall be liable, a t the discretion of the Comt, to be | imprisoned for any term not exceeding ten years, with or withont | hard labor, and with or without solitary confinement; and any |
person who shall fraudulently use or exhibit as his own any miner's right, licence, or lease, or any occupation licence belonging or granted to any other person, or use or exhibit as a valid miner's right, licence, or lease, or occupation licence, any miner's right, licence, or lease, or any occupation licence, which shall have expired, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall | ||
be liable, at the discretion of the Court, to be inlprisoned for any | ||
term not exceeding two years, either with or without hard labor. |
26. The Governor, with the advice of the Executive Council, |
may from time to time make, alter, repeal, and vary such regu- lations, not being contrary to the provisions of this Act, |
83" &34" VICTORIB, No.26.
--
which the same shall be issued, the mode of transferring or assigning the same, and of prohibiting any such transfer or assignment, for regulating where necessary the forms of proceedings, and generally for the purpose of carrying the provisions of this Act and of every part thereof into execution, and may by such regulations repeal or alter any existing rulcs or regulations. And
any person being duly convicted ofa breach of any of such regulations shall forfeit and pay, for the first offence, a penalty not exceeding Five Pounds, and for the second and subsequent offences not more than Ten Pounds. And any such penalty shall bc irrespective of any forfeiture as may be therein provided; and all such regulations, when published in thet3outl.l Austrntin?z GovernmentGazette, shall have the force of law: Provided illat all regulations to be so made shall be laid before both Houses of Parliament within fourteen days after their publication, if Parliament be in session, and if otherwise, withinn like period after the opening of the then next session.
1850, " To facilitate | ||
the performance of the duties of Justices of the Peace out of Ses- | |
sions, with respect to summary convictions and orders," shall apply to all proceedings before |
28. There shall be |
ment, or decision of any warden, which appeal shall be to the nearest Local Court of Full Jurisdiction; and such appeal shall be conducted in manner provided by Ordinance No.
G of 1850.
|
-
In the name and on behalf of the Queen I hereby assent to
this
Act.
JAMES FERGUSSON, Governor.
SCHEDULES
33" &340 VICTORIB,No. 26.
-- | - |
SCHEDULES RElTEllREI.) TO.
S o u r s | C Royal | AUSTRALIA. |
NO. | Date |
Miner's Right.
Issued to | , under thc provisions of |
" Act, No. | of |
To be in force until the | day of | , 18 | . |
Fce paid- |
LRoyal Arms] | A u s r n a ~ r n. |
No. | Date |
, having paid the sum of One Pound, on |
account of the Public Revenue, is hereby licensed for three months from this date, and no longer, to dig, search fol-, and remove gold from the Waste Lands of the
Crown, within the limits of Mineral Lease No. | , | situate | at |
Fee paid- | E. |
Sour11 | [ Royal Arms ] | ~ U S T R A L ~ A. |
No. | Date |
Business Licence.
Issued to | , under the provisionh of |
of |
To be in force until the | day of | , 18 | . |
Sourrr A-USTRALIA. |
["Act, No. | of 1870-71.") |
To C. I)., Esq., Warden.
, | complains of E. F., of | , | and |
says - | 1. That, | |
|
The complainant therefore prays
[setforth ~cli~fsought],or such other orfurt l~errelief as shall be just.
The amount sought to be recovcrcd so far as the
demand is pecuniary is2
Dated the | day of | 18 | . |
A. B.
SOUTH |
P'Act, No. | of 18'10-'ll."] |
Plaint No. | . |
To
[insert names of all the defeendnnts], ofYou arc hereby summoned to appear before me, or some other warden, at
, | on | day | at |
330 & 34" VICTORIB,No. 26.
WO-7 l. |
h?, o'clock in the of the sameday precisely, to answer the complaint ofA. B. of [insert namesof al l the complainants],by which complainthe seeks [here insert nature of complaint,showing whetherfor encroachment, or foveeiture, or other- wise].You may have a summons to compel the attendance of any witness, or for the production of
any books or documents, onapplying atmy office.Bring this summons with
you when you come tomy office.
day of |
[ Royal Arms ] | AUSTRALIA. |
P A c t, No. | of |
Plaint
No.
To [name of | oflcer], and to the keeper of the gaol at |
These are to command you, the said, to apprehend
0. B., and to convey him to the said gaol, and deliver him to the said keeper thereof: And you, the said keeper, are hereby required to receive him into pour custodyin the aaid gaol,
acd him there safely to keep for the term of9
unless the sum of | shall be sooner paid. | I, the under- |
signed [name of | urarden], warden, having now here adjudged the said |
fine of | , and in default of immediate payment thereof to |
be imprisoned far the said term, for that he the said 0. R. [here state the case.]
Adelaide: |
0
0
0