Gold Mining Act 1885 (SA)

ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO

NON0

A. D. 1885.

No* 353.

An Act to amend the Laws relating to Gold Mining,

and for other purposes.

[Assented to, December n t h, r 885. ]

HEREAS it is expedient to amend the laws relating to gold Preamble,

mining in South Australia-Be i t therefore Enacted by the

Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act shall be divided into three parts, that is to say- Division of A C ~.

PART I..-Relating to Gold Mining:

or prevent any penalty being imposed, enforced, or recovered; or or thing lawfully made or done under or by virtue of the said Act;

PART 11.-Relating to Occupation Licences:

PART 111.-Miscellaneous.

PART 1. PART I.

2, So much of Act No. 26 of l87&-7l, intitulcd "An Act to amend Repeal.

the Laws relating to Gold Mining, and for other purposes," as relates to gold mining. and to making, varying, and altering regulations aflecting the issue of gold licences, arid of liccnces for the occupation of Crown lands for purpose of business arld residence, together with the words '' and vice versd " in clause 129 of the " Crown Lands

Consolidation Act,,' No. 86 of 1877' are hereby repealed: Provided P ~ o v ~ ~ o.

that such repeal shzzll not affect the validity of any regulation, matter,

48" & 49" VICTORIB, No. 353.

The Gold Mining Act.-1885.

PART I. any punishment being inflicted for any offence heretofore committed

Interpretation. against the said Act or any regulation thereunder

In the construction of this part of this Act, and of any regu- lations made in pursuance thereof, the following terms shall have the meanings set against them respectively, unless the context

3,

or other provisions hereof rcquirc a different construotio~i : -

'( Business "-Any profession, trade, calling, or occupation, except

mining, and any vending or disposing of any goods, wares,

merchandise, or, chattels:

Claim "-A parcel of Crown land which any person or number

of persons shall be entitled to occupy, or to occupy and mine in by virtue of' any miner's right, or licence issued under the provisions of this part of this Act: Provided that no land cornpriscd in any lease granted for gold mining purposes shall be deemed to be a claim:

Crown lands "-All lands within the said province vested in

Her Majesty which have not been or may not hercafter be granted, or lawfully contracted to be granted in fee simple, or leased with a right of purchase:

"Gold "-As well any gold as any earth, clay, quartz, stone,

mineral, or other substance containing gold, or having gold mixed therein, or sct apart for the purpose of extracting gold t hercfrom:

Goldfield "-Crown lands proclaimed? or which may be pro-

claimed a goldfield, as hereinafter provided:

"Mine "-Any lands, pit, shaft, drive, level, or other excavation,

drift, gutter, lead, vein, lode, or reef, whereon, wherein or whereby any operation for, or in connection with mining purposes, is or shdl be carried on upon Crown lands:

cc Mining "--Any mode or method of working whatsoever whereby

the soil or earth, or any rock or stone, may be disturbed,

removed, carted, carried, washed, sifted, smelted, refined, crushed, or otherwise dealt with for the purpose of-obtaining

gold, whether 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:

c c Miner's right"--A miner's right issued under the provisions of

this Act or the provisions of the Act hereby repealed:

'' The regulations "-Thc regulations to be made under this Act :

Minister " means the Commissioner of Crown Lands and Im- migration for the time being:

Warden "-One of Her Majesty's Wardens in and for the said

Province duly appointed under this Act.

4, Subject to the pYovisions of this Act, and of the regulations

to be made hereunder, a " miner's right" may be granted by the Warden to any person applying for the same upon payment of a fee of Five Shillings, and such right shall be in the form contained

in Schedule A to this Act. 6. Every

48" & 49' VICTORIIE, No. 353.

The Gold Mining Act.-1885,

5. Every such miner's right shall be in force from the date there-

of until the expiration of twelve calendar months from such date, b,,t ionandeEdof

and shall, during the said period, authorise the holder to search and miner'# right.

mine f o r gold upon any crown lands, and to occupy (except as

against Her Majesty), for the purpose of residence in connection

with the object of mining, so much land as may be prescribed under

the regulations of this Act; and every such holder shall, during the

continuance of such miner's right, be deemed in law to be the

owner of the claim which shall be occupied by virtue of such

miner's right, and during such continuance, as iforesaid, all gold

then being in and upon the said claim shall be deemed in law to be

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 Crown lands for mineral purposes

unless the consent of such licencee or lessee has first been obtained

in writing.

PAET I.

6. Nothing contained in this Act shall authorise any holder of Miner's right not to authorise mining upon

any miner's right to mine under or upon any Crown lands dedicated ,hor ,	.	,	,	,	,
for roads or reserves, save and exccpt with the special consent of a Warden.

7. Any person who shall be the holder of a miner's right shall, Privilefies conferred by u miner's right.

subject to the provisions of this Act and to the regulations, be

entitled (exccpt as against Her Majesty)-

To take possession of, mine, and occupy Crown lands for gold

mining purposes:

To cut, construct, and use races, dams, and reservoirs, roads, and tramways, which may be required for gold mining purposes, through and upon any Crown lands:

To take or divert water from any spring, lake, pool, or stream

situate in or flowing through Crown lands, and to use

such water for mining purposes and for his own domestic

purposes; and to use, by way of an casement, any unoccupied

Crown lands:

To take possession of and occupy Crown lands for the purpose of residence on a proclaimed goldfield, but not for business purposes, except as hereinaEter otherwise provided:

To put up, and a t any time to remove, any building or other

erection upon such land so taken up and occupied:

To cut and use timber, stone, clay, or gravel from Crown lands for mining, mine-buildings, residence, or domestic purposes, upon such lands:

And any person or persons so taking up and occupying Crown lands as aforesaid shall, subject as aforesaid, be deemed in law to be possessed (except as against Her Majesty) of such lands so taken

UP

48" & 49' VICTORIW, No. 353.

The Gold Mining Act,-1885.

PART I. up and occupied, and the property therein, and every share or interest which may be created therein under this Act or the regula- tions, shall be deemed a chattel interest. And all gold then being in and upon any such land taken up and occupied for mining purposes shall (except as against Her Majesty) be the absolute property of the person or persons in lawf'ul occupation of the same, And the holder or holdcrs of any such land taken up and occupied as aforesaid for mining purposes, or for the purposc of residence, may assign and encumber the same, or any undivided share or interest therein.

special prospecting 8, A special prospecting licence, securing to the: holder the

licence.	right of search for gold for six months from thc date thereof:. over
all Crown lands or lands comprised within a mineral lease granted
by the Crown (to be specified in thc special prospecting lmence), provided such search is not prosecuted within a radius of' fifty yards of any workings then being carried on by thc lessee, may be issued by the Warden, upon payment of a fee of One Pound; and such special prospecting licence may be in the form contained in Schedule B to this Act.

Business licence. 9, Subject to the provisions of this Act and the regulations

aforesaid, any Warden may grant n licence to any pcmm applying for the same, on payment of a fec of Onc Pound, which licence shall bc in force till the expiration of the three calendar months

from the date thcreof, and may be renewed from time to time,

and such licence shall authorise the holder to occupy, for the purpose of carrying on business upon any proclaimed goldfield during such period, so much of the Crown lands, not exceeding one- quarter of an acre in extent, as may be deemed desirable by the Warden, and for the purpose aforesaid to put up any building or other ercction, and at any time to remove the same; and evmy such holder shall, during the continuance of such busincss licence, 5c deemed in law to be posscsscd (except as against Her Mnjcsty) of

the land which he shall occupy by virtue of such licence, and the property in such land shall bc deemed a chattel interest, and no

person shall be entitled by virtue of a business licence to occupy

more than one such portion of land; and such business licence

shall be in the form in Schedule C to this Act.

~roclam*tion of gold- 10. It shall be lawful for the Governor, by proclamation in the

fields.

Government Gazette, to proclaim any portion of Crown lands to be a

goldfield.

Deecription of gold- 11, Such proclamation shall describc by name and boundaries

fields.

every goldfield proclaimed, and such proclamation may from time to

time be altered or cancelled by the Governor in like manner.

Golaelds subject to

this Act and regula- 12. Every goldfield so proclaimed may be mined in, used, and

tions.

occupied according to the provisions of this Act and the regula-

tions thereunder.

13. Whensoever

48" & 4 9 O VICTORIJE, No. 353.

Th'e Gold Mining Act.--1885.

13. Whensocver the discovery of payable gold on Crown lands PART I.

shall have been reported in writing under thc hand of and signed rrovi,iond , . , , h ,

(or if such person shall bc unable to write, by a writing attested by tionof goldfield at^	protect diecoverer.
some Justice of the Peace, or Warden) by the person claiming to havc made such discoverv to the Wardcn of thc goldfield nearest the situation of such disc6vcry, or to the Minister in charge of gold- fields, the notification of such discovery by such Warden posted outside his office, or by such Minister in the Government Gazette, shall operate to proclaim the portion or portions of Crown lands to be a goldfield within the meaning and for the purposes of this Act, which shall
be contained in a square the boundary lines of which shall be
directed to the cardinal points, and the central point in each boun- dary line whereof shall bc distant half-a-mile horn such place of discovery: And such notificatioil as aforesaid shall hnvc the effect of a provisional proclamation of the Crown lands within such area
as a. goldfield, to be in force until the same or any enlarged or
diminished arca shall he proclaimed under the provisions of this Act.
14. No notification under the last section shall be posted until the Warden or Minister shall have satisfied himself that payable	Provisional proclama-
tion may be cancelled.
gold has been actually discovered on such land: And such notification shall rcfer hack to and operate from the day upon which the said discovcry sl~all have beeu so reported as afore- said: Provided that, if the Warden of thc mining district to whom such discovery as nfbresaid st-iall have been reported, or if any officer authorishd in that behalf by such Minister shall, at any time during the continuance of such provisional proclamation, report to such Minister that the alleged discovcry of payable gold does not, in his opinion, warrant the proclamation as a goldfield of the said area, then it shall be lawful for such Minister, by noticc in
the Government Gazette, to revolzc and cnnccl thc provisional pro-
clamation of such area.

15. Whcn m y gol(1field shall hare bccn proclaimed 11pon any	Partial suspension of
pastoral leases on pro-

Crown lands the Governor may suspend or cancel any lease or licence	clamation of goldfield.
in respect of the land com&ed in such proclamation, subject always to the conditions as to resumption contained in such lease or licence, or upon payment of such compensation as may be agreed upon between the Minister in charge of goldfields or the said lessee or licencee, and shall thereupon remit to the lessee or licencee such portion of the rent of' such land as may be reasoxmble and just.

16, Notwithstanding any provisions to the contrary, all Crown Certain lands

lands which shall be lawfully and bonli $de used as a yard, garden,	exempted.
cultivated field, or orchard, or upon which any housc, outhouse, shed, or other building shall have been erected, provided the same be in actual use or occupation, or any artificial dam or reservoir which shall have been made, shall be, arLd the same are hereby exempted from occupation for mining purposes, and for residence or business, under any miner's right or business licence:

Provided

48" & 49" VICTORIE, No. 353.

The Gold Mining Act.-1885.

Provided that such exemption shall cease upon payment to the

Proviso.

lessee of compensation, such compensation to be determined by

arbitration, in manner prescribed by the regulations.

Leaaes may be granted 17. It shall be lawful for the Governor to grant to any person,

for mining, &c.

subject to the provisions of this Act and the regulations, a lease of any Crown lands, not exceeding twenty acres in arca, for gold mining purposes, and to construct thereon races, drains, dams, reservoirs, roads or tramways, to be used in connection with any such mining, and to erect thereon any buildings or machinery to be used for mining purposes, for pumping or raising water from any land mined, or intended to be mined upon. or for any or all of those purposes, and also for residence in connection with any of such purposes, for any tertn not exceeding twenty-one years, at the yearly rental of Tea Shillings per acre, and to renew the same for any such term, and upon the terms and conditions prescribed by the regulations.

Land occupied for

residence or business 18, Such gold mining lease may include any land occupied for

may be leased, with	the purpose of residence or bukiness by the holder of a miner's right
conpent of holder or
without his consent,	or business licence under the provisions aforusaid, with the consent
on compensation	of such holder; and if the holder shall not consent to such lease,
being paid.	the land shall ncvertheless be included therein, upon the person applying for the same making compensation to such holder for any building erected or other irnprovemcnts made by him, or any prior holder, on such land; such compensation to be determined by arbitration, in manner. to be prescribed by regulations.
field not to be granted

Leam on any gold- 19, No lease shall hereafter be granted of any Crown lands

until twelve	forming portion of any goldfield for gold mining purposes until
after procladon.	twelve months after the datc of the proclamation of such goldfield.

Spxial condition, 20. Every mining lease issued under this Act, or the regulations,

shall contain a condition that, if the lessee, his executors, adminis- trators, or assigns fail at any time during the term to fulfil the

conditions or terms therein contained, or to use the land bond f i e

for the pnrpose for which it shall be demised, the lease shall, for any

such failure, be voidable, at the will of the Governor.

Penalty for unlaw- 21. If any pmon, not holding a miner's right, licence, or leasc

fully mining. under this Act, shall mine for gold on Crown lands, whether on his own behalf or on behalf of any other person, whethcr or not the lawful possessor of any claim, or as partner with .any such person, he shall be liable, on conviction, to pay for each such offence a penalty not exceeding One Pound for every day he shall so mine, and the burden of proving that he is the holder of a miner's right, licence, or lease shall rest upon him.

P e n d t ~ forcarRlng

on buamae without

22. Any person not holding a business licence who shall occupy

field, or shall carry on business thereon, shall, on conviction before

the

licence.

any Crown lands for the purpose of business on any proclaimed gold-

48" & 49' VICTORIW, No. 353.

The Gold Mining Act-1885.

the Warden, be liable to a penalty not exceeding Five Pounds for	PART	I.
the first such offence, and not exceeding Ten Pounds nor less than Five Pounds for every second or any subsequent such offence, and the burden of proof 'that he is duly licensed shall rest upon him.

23, The Governor may from time to time appoint one or more Appointment DP

person or persons to be warden or wardens, who shall have and exercise gtg

and

the jurisdiction conferred upon them herein or by the regulations, and the Governor may appoint such and so many registrars, mining sur- veyors, mining engineers, clerks, officers, bailiffs, and assistants, as he shall think necessary for the efficient performance of the duties of inspection, surveying and registration of' claims and mines, and of all other duties in connection with mining and with the adminis- tration of this Act which the Governor may think fit; and may, by regulations, define thc powcrs and duties of such warden, officers, clerks, and assistants, and the mode of exercising and performing the same, in all cases where such powers and duties have not been defined by this Act, and also the amount of and mode of providing the remuneration of swh warden, officers, clerks, and assistants, and the time for which the same shall be paid,

24, I t shall be lawful for any Warden to hear and determine, in a Powers of Warcien.

summary way, all suits and disputes between the holders of miner's rights, either amongst themselves or in relation to themselves and third parties, which may arise-

I. Concerning any Crown lands which any person shall be or claim to be entitled to take possession of or occupy by virtue of a 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, dam, or reservoir, for gold mining purposes by virtue of a miner's right, and concerning any share or interest therein rcspcc- tively, and of or in which land, race, drain, dam, or reser-	voir, any other person shall be or shall claim under any	such miner's right or licence to be entitled to be in the
occupation or possession, or to search for such metals or minerals, or to cut, construct, or use any such race, drain, dam, or reservoir, or which shall be alleged to have been abandoned, or to have been forfeited under some of the
regulations to be made as aforesaid; and concerning the
title to, or possession, or enjoyment, or recovery thereof by reason of any such abandonment, fbrfeiture, or other- wise, and concerning any sum claimed in the nature of mesne profits thereof:

Ir. Concerning any Crown 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 concerning any trespass or encroachment on any such land:

III. Concerning

48" & 49" VICTORIE, No. 353.

The Gold Mining Act.-1885.

PART r.

-

1x1. Concerning the right which anv person shall have of claim to have by virtne of a miner's right, or of any such licence as doresaid, to the use and Fpjoyment or bale 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 anv priority of water taken, divertcd, or used, or claimed to bc tsken, diverted, or used, under the provisions of any such ~ c t, ' as agairist any other person claiming the same:

W. Concerning any encroachment or trcspass upon any such land, race, drain, dam, or reservoir as aforesaid, and con- cerning the diversion or abstraction of any water possessed or uscd under a nlincr's right, or under any such licence as aforesaid, of which land, race, drain, d m, reservoir, or water, any person shall be and shall claim to be entitled to be in the occupation, possession, use of, or enjoyment, for mining purposes, and concerning any unlawful inter- ference therewith or injury thereto, whether wilful, or

by negligence, or wrongful omission, causing damage

thereto, and whereby mining shall have been hindered or delayed, or any machinery on any such land damaged, or the supply of water to which any person shall be lawfully entitled shall be lesscncd, and concerning the unlawful ouster or exclusion of any person from any &are or interest in any such land, race, drain, dam, reser- voir, or water, and concerning the damages and compensa- tion for any such encroachment, trespass, ouster, diversion, abstraction, interference, or injury:

v. Concerning 01. out of any contract, vcvbal or otherwise, relating to mining under a miner's right or licence as aforesaid, or respecting any such land or wtttcr as aforesaid, or any share or intercst therein, and concerning any debt or money due in respect of any such contract:

vr. Concerning any gold in or to be taken out of any land occupicd or held as aforesaid, or out of land in which any person shall be entitled to search for gold under any such licence as aforesaid, and concerning or out of any contract relating to such gold, or to any money due in respect of the samc, or relating to any share or interest therein:

vxr. Concerning or out of any contract respecting the using for mining purposes of any such land, race, drain, dam, reser- voir, or water as aforesaid, or otherwise, in relation to gold mining on Crown lands occupied under miners' rights or licences, and concerning any money duc in respect of any such contract:

vm. Concerning or out of any partnership or agreement in the matter thereof, written or verbal, relating to mining in any Crown lands occupied under miners' rights or licences as aforesaid, or for or in relation to the searching for any

such

48" & 49' VICTORIA$ No. 353.

?he Gold M i n h j Act.-1885.

such gold, or concerning or out of any partnership in any	PART	1.
such land, water, race, drain, dam, reservoir, gold, or con- cerning or out of any contract for or in conncction therc- with, or for dissolving in the whole or in part, any such partnership, or which may arise bctwccn tenants in rwnimon or joint tm~ant,s in relation to any such land or water, or in' any share or interest therein:

lu. Concerning boundaries for the purpose of ascertaining the same between portions of any such land in all cases where any such boundaries shall be iu dispute or be confusrd, and whether therc may exist or not the circumstances wquirrd by a Court of Law to sustain an action or claim for the ascertainlilent of boundaries, and the Warden may

ascertain such boundaries by such means as shall be found

convenient, and shall decide about the snmc, and shall make and give all such orders and directions as shall be

necessary for thc 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 Crown lands:

And the jurisdiction hereby given to the Warden fihall extend not only to cases where the litigants shall bc the parties originally interested in the cause of suit, but to cases where the title of any such litigants shall be derived as assignees or personal representt~tive

or otherwise, from or through any of such parties, and in exercise of his jurisdiction every such Warden may make such order as may be just, and without regard to any rulc of law affecting form only, or to the practice of any Court of Law or Equity, and in every case may award such reasonable costs to be paid the successful party a s he Inay deem fit,.

25. Every Wnrclcn, so long as hr shall continue to hold his office, \'arden to pnprriae

shall have and exercise the same powers and authorities as a Justice ~~,"r","a~~.JUSti''eoE

of the Peace for the said province within the limits of the goldfield

or goldfields of which he may be appointed warden.

26. The mode of proceeding in any complaint before the Wardrn Mode of pmceeding

shall be as follows :-The person complaining shall lodge a plaint before %'m~dcn.

note with the Warden, in the form in Schedule D to this Act, specifying therein shortly the subject-matter of the complaint, and thc rcmcdy sought to be obtained. Upon receipt of such plaint note the Warden with whom the same is lodged shall givc noticc in tlw form in Schedule E to this Act, by post or otherwise, 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. At the time and place appointed the parties shall attend and state their case before the Warden, and may call evidence on oath, which oath the Warden is hereby authorised to administer in support thereof, and thc Warden, hiving heard such statement and evidence, shall give his decision, and such decision shall bc: final and conclusive: Pro-

vided

B-353.

48" & 49' VICTORIW, No. 353.

Th.e Gold Mining Act.-1 886.

PATIT J.	vided that the Warden shall have power to ajdourn the hearing of such complaint to any other time or place, and may, either at
the original hearing or at any djonrnment, proceed in ihc abscnce
of' either party.

Lessee to furnish	27.	Every lessee of a gold mining lease or clairn shall furnish such
Statement of

workings.

statements of the workings and procrcds of the mine or claim as

may be set forth by the regulations.

Penalty on default. 28.

If any such lessee shall neglect or refuse to furnish such state- ment, in accordance with the regulations, he shall be liable to a penalty not exceeding Five Pounds for the first offence; and, for the second and every snbscquent offence, to i l penalty of not exceeding Ten Pounds.

power of W d e n to

inspect gold mine and 29. The Warden shall have power to enter upon and inspcct any

irccoun ts. claim or gold mine, and to csamine any hooks or accounts of iiny gold mining company or association, and shall furnish a report containing a statement of the amount of the work done, of the money expendcd, and of thc quantity and value of the proceeds of the minc or claim to the Minister of Goldfields at thc end of each calendar month.

Decieion need not be	30. It shall not be necessary that any ordcr or dccisiorl made by
in writing.

thc Warden shall be formally drawn up in tllc first instance, but the

record in thc Warden's book, which he is hereby requircd to keep for the purpose, shdl be sufficient evidence of the making of any such order, and of the terms thereof, and either party to a suit shall be at liberty to obtain a copy of record therein on payment to tllc '

Warden of a fee of Two Shillings and.Sixpcncc.

Warden may order	31.	Thc Warden, upon the hcaring of any complaint as aforesaid,
gold t o be seized.

and upon proof of any gold having bccn unlawfully taken or rcmoved from thc claim of any pcrson encroached or trespassed

I

upon, of which any finding as nfdr&aid shall be sufficient eviaence, may cause any such gold to be summarily seized and delivered to the person encroached upon, and may also cause the whole or any part of the damages ascertained as aforesaid, to an amount not exceeding Fifty Pounds, to be paid by the person so having encroached or trespassed, to bc recovcrcd by distress and sale of the goods and chattels of such person in manner prescribed by law for the recovcry of any sum adjudged by Justices of the Pcnce as

a pecuniary penalty or compensation: Provided that no person

shall be imprisoned for default in payment of such darnages for a longer period than three months: Provided also that nothing herein contained shall prejudice the right of any person to resort to any remedy which he may already have at law or in equity.

Pmtectimof wardenn

32. Every person who shall assault or resist any Warden, or any

person duly authorised by him, whilst in the execution of any duty

nnder this Act, ar who, after thc hearing and dct~rmining of any

complaint

48" Sr 49' VICTORIR, No. 353. - -- -

The Gold Mining Act.-1885.

complaint as aforesaid, and having had the houndarics of his claim	PART	X.
or his mode of operation pointed out by such IVsrden, shall again encroach or tr~spass, or who shall work or attempt to work any claim or ground, br i;ursue any oprwtion the working or pursuit of which shall hnvcl been duly enjoined or suspenled undc>r tllis Act, or who shall be gnilty of any contcrrpt of the proceedings before the Warden at any sitting, shall be liable to a penalty not exceed- ing Twenty-five Pounds, or, at the discretion of the adjudicating Warden, be imprisoned, with or without hard labor, for any period not exceeding three months, and the warrant of commitment therein may be *in the form in Schedule P to this Act: Provided that a Warden shall not adjudicate in any case in which he illay be in- terested.

OCCUPATION LICENCES.

33, The Goverrlor may grant to any person engaged in mining Occupationlicences be grantedto

a licence to occupy, for the purpose of residence only for himself

miners.

and his family, any portion of the Crown lands, not exceeding in crtent half an acre, and such licencc may hc for such p&od not cxcwding scven years, and at such annual rent, payable in advance, not cxcccding Tcn Shillings, as may be p~~cscribed by the regulations to be insde undcr this Act; and such licence shall be transferable and may be renewed on the recomrncndation of the Warden: Provided that in respect to any lands now held under a mineral lease, no licence shall bc granted without the consent of the lessec.

34, When any land includ~d in any licence so grantcd as afore- ?otermination of

said is sold or alienated in fee simple from the Crown, during the licence on sale of I d.

term for which such licence is granted, the licence shall thereupon	cease, but the licencee shall bc cntitlcd to such cornpensation as
the Gavcrnor may consickr just for the loss which thc said licencee has sustained; and if such land is sold or alienated in fee simple, the value of any improvement made thcreon shall be paid to such licenccc by the purchaser.

35, Any mineral lease hercdter to bc issued shdl contain n haeruea for oceup. tion licencen in

provision to the effect that occupation licences, as last aforesaid,

leaBBE.

may be isslmtl for the lands demised by such lease, or any part

thereof, under regulations to be madc as hereinafter provided.

36, If any unlicensed person shall reside on any such lands as Penalties for reeiding

aforesaid, or any person having been licensed shall hold over any " w ' , an, ~ ~ ~ ~ ~ ~ ~ ~ ~

such lands after the expiration of his licencc, whether by effluxion for holding over.

of time or by any other determination thereof, he shall, ;m convic-

tion thereof before any Warden, or any Special hlagistratc, or two

Justices of the Peace for the said province, forfeit and pay a penalty

of

The Gold Mining Act.-1885.

PART 11. of not exceeding Ten Pounds for such offence, and the proof that such person is the holder of a valid existing licence shall rest upon him.

PART 111.

MISCELLANEOUS.

Reward forthe die-

coverers of goldfield$. to the actual discoverer of any ncw goldfield a sum not to exceed 37, It shall be lawful for the Governor to cause to be paid One Thousand Pounds, under the terms and conditions of Schedule G hereto, and to prescribe by regulation such other provisions as hc may deem advisable for the further encouragement of mining.

Subaidy to gold- 38, It shall be lawful for the Governor to appropriate a sun1 not

mining oomyanies.	exceeding Five Thousand P O U ~ I ~ S for the purpose of subsidising mining companies, or persons engaged in mining, to assist them in sinking or otherwise prospecting for gold, either by loan of diamond drills, or by loan of money: Provided that any such subsidy shall
be a charge on the property of the company or persons so subsidised,
to be repaid out of profits at the rate of fifty per cent. of m y dividends paid to the shareholders, on such terms and conditions
as may be prescribed by the regulations.

Penalty for forging 39, Any person who shall forge any miner's right, licence, or

miner's rights, or	lease, or any occupation licence issued or purporting. to be issued
occupation licences.	under the authority of this Act, or fraudulently use, utter, or exhibit any such forged miner's right, licence, or lease, or anv occupation licence. knowing the same to be forged, or fraudulently personate the holder of any such miner's right, licence, or lease, or any such occupation licence, shall be guilty of felony, and, on conviction, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding ten years, with or without hard lahor, and with or without solitary confinement; and ally 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 imprisoned for any term not exceeding two years, either with or without hard labor.

Gonmor may make 40. The Governor may fiom time to time make, alter, repeal,

regulations. and vary such regulations, not being contrary to the provisions of this Act, as shall appear necessary for regulating the form of any rights, leases, and licences to be issued under this Act, and the mode, times, dates, and places of the issue thereof, the conditions on 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

4 8 Sr 49'' VICTORIE, No. 353.

The Gold Mining A c t A 885.

for the purpose of carrying the provisions of this Act and of every P a a ~ 111.

part thereof into execution, and may by such regulations repeal or 7

&er any existing rules or regulations. And an)- person being duly convicted of a breach of any of such regulations shall forfeit and pay, for the first offence, a penalty not eGeeding Five Pounds, and for the second and subsequent offences not more than Ten Pounds.

And any such penalty shall be irrespective of ally forfeiture as

may be therein provided; and all such regulations, when published in the Government Gazette, shall have the force of law: Provided that all rcgulations to be so madc shall be laid before both IIouses of Parliament within fourteen days after their publication, if Par- liament be in session, and if otherwise, within a like period after the opning of the then ncst session.

41. The provisions of Ordinance No. 6 .of 1850, " To facilitate I+ovisions of Ordin-

thc performancc of the Dutics of Justices of the Peace out of Ses- ~ $ Y ~ ~ ~ f ~ ~ P m O

sions, with respect to summary convictions and orders," shall apply to al l proceedings beforc a Warden in the discharge of the duties and powers given to him by Part I. of this Act, and also generally to all proceedings for a penalty for 11reacl.1 of this Act, or the regu- lations aforesaid: Provided that the Governor may, if he think fit, remit the whole or part of any such penalty.

42, There shall bc an appeal from any order, conviction, judg- ~ P P ~ ~ ~ ~

mcnt, or dccision 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. 6 of 1850.

43, All fccs or other moneys received under this Act, unless F C P ~ ytfi of Genoral

otherwise expressly aplxopriaterl, shall bc paid over to the Treasurer, "e''e'LUB-

and becomc a part of the public General Rcvenuc of the said

Province.

44, This Act may be cited for all purposes as The Gold Mining shmt title.

Act, 1885."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WILLIAM C. F. ROBINSON, Governor.

SCHEDULES

48" & 49' VICTORIE, No. 353.

SCHEDULES REFERRED TO.

SOVTH [Royal Arms.] AUSTRALIA.

No. Date

Miner's Right.

Issued to A. B., of	, under the provisions of
The Gold Mining Act, 1885."

To be in force until the day of 18 .

Fee paid-

C. L)., Warden.

SOUTH [Royal Arms.] B t, s ~ ~ a r. r n.

No. Date

A. B., of , having paid the sum of One Pound,

on account of the Public l-tevenue, is hereby licensed for six months from this date, and no longer, to dig, search for, and remove gold from Crown Lands, within

the limits of Mineral Lease No.	,	situate a t
Fee paid-

E. F., Commissioner of Crown Idan&.

G

SOUTH [Koy a1 Arms.] AUST~~ALIA.

No. Business Licence.

Uate

Issued to A. 8.. , under the provision3 of

"The Gold Mining Act, 1885."

T o be in force until the day of , 18 .

Fee - C. D., Warden.

SOUTH AUSTRAL~A..

C" The Gold Mining Act, 1885."]

To. C. D., Esq., Warden.

A. B., of complains of E. F., of , and

That* [Set fbrth the subject-matter of cumploit~! in paragraphs.]

2. That, &c.

The complainant &erefore prays [set forth relief sought], or such other or further relief as shall be just.

The amount sought to be recovered so far as the demand is pecuniary is f:

Dated the day of 18 .

A. R.

E.

The Gold Minifig Act.-1885.

Plaint No. [" The Gold Mining Act, 1885."]

To [imert names of all the defendants], of

You are hereby summoned to appear before me, or some other Warden, at

, on the day of next, at

o'clock in the of the same day precisely, to answer the complaint of

A. B., of [insert names of all the complainmnts], by which complaint he seeks [here insert nature of complaint, showi~tg zohether for encroachment, OT forfeiture, or o h - w i s e ].

You may have a summons to compel the attendance of any witness or for thc production of any books or documents by applying at my office.

Hrine this summons with you when YOU come to my office.

(lay of 18 .

~ i v A undcr my hand this"

C', D., Warden,

SOUTH [Royal Arms.] AUSTRALIA.

r" - The Gold Mining. Act, 1885."]

Plaint No.

To [name of oflcer], and to the keeper of the gaol at

These are to command you, the said , to apprehend

0. K, and to convey him to the said gaol, and to deliver him to the said keeper

thereof: And you, the said keeper, are hereby required to receive him into your

custody in the said gaol, and him there safely to keep for the term of

unless the sum of

shall be sooner paid. I, the undersigned [name qf warden], Warden, having now

here adjudged the said 0. B, to pay a fine of

and in default of immediate payment thereof to be imprkoned for the said term, for

that he the said 0. H. [h,ere state the case].

SOUTH [Royal Arms.] AUSTRALIA.

C" The Gold Mining Act, 1885."]

Reward for Discoveries of new Goldjields.

Rewards will be paid to the discoverers of new goldfields in accordance with the following regulations :-

I. That person or those persons will be deemed to be the discoverer or dis- coverers who shall first find gold, mark out a claim, and give information of the same in writing to the nearest goldfield's Warden or Police Magistrate, together with particulars of the locality and the route thereto, the quantity of gold obtained, the nature of the workings, and the distance from the nearest gold workings on which miners are then actually employed.

T I. If two or more parties simultaneously discover a new goldfield in localities

immediately adjacent, and severally comply with these regulations, the sum to be awarded will be divided amongst the persons composing the several parties who have made the discoveries in such manner as the Government may deem just.

III. Rewards shall be given in accordance with the following scale, viz. :- Par the discovery of a goldfield dietant more than three (3) miles from any

place where payable gold has previously been obtained, and on which there shall be employed, three months after the report of the discovery, not less than two hundred (200) miners, a sum not exceeding Onc Hundred Pounds (;E 100).

For

48" & 49' VICTORIA?, No. 353.

The Gold Mining Act.-1885.

For the di~covery of a goldfield distant more than five (5) miles from thc

nearest place where payable gold has previously been obtained, and on

which there shall be employed, six (6) months after the report of the

discovery has been made, not less than five hundred (500) miners, a sum

not excecding Two Hundred and Fifty Pounds (£250).

For the discovery of a goldfield distant more than ten (20) miles from the

nearest place where payable gold has previously h w n ohti~incil, ant1 on

which there shall bc employed, six (6) months after the report of the

discovery has been made, not less than five hundred (600) miners, ;L sum

not escecding l'ive Hundred Pounds (£500).

For the disrovery of n oldf field distant more than twenty (20) milcs or over from the nearest place where payable gold hns previously been obtained, and on which there shall he emplnyed, h i s (6) months after thc. report of

the discocery has becn made, not less than f i ~ e hundred (500) miners, : L

sum not exceeding One Thousand Pounds ' f 1.000).

p- p

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Adelaide : .By authority, E. S~~~r~s~, ;Qovernrnent Printer, North-terrace.