Goldfields Act 1886 Amendment Act 1894 (WA)

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ANNO QUINQUAGESIMO OCTAVO

VICTORIA] REGINA,.

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No. XXVIII.

AN ACT to amend the Law relating to the management of Goldfields, and to settle questions as to the validity of the Regulations made under " The Goldfields Act, 1886."

[Assented to, 27th November, ig94.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council	Preamble.
Parliament assembled, and by the authority of the same, as
follows :—

L THIS Act may be cited as " The Goldfields Act, 1886,

amending the same.

Amendment Act, 1894," and shall be incorporated and read as one Short Title.

58° VICTORLE, No. 28.

The Goldfields Act, 1886, Amendment Act, 1894.

Interpretation : 2, (4 IN this Act the expression " The Principal Act " shall

"Principal Act,"	mean " The Goldfields Act, 1886," and the expression " this Act "
50 Vic., No. 18.	shall include the Principal Act and any Act amending the same.
"This Act."
" Miner."	(2.) The word " miner " shall mean any person being the holder of a miner's right."
" Commissioner of	(3.) The words " Commissioner of Crown Lands " and " Commissioner " throughout this Act may be respectively read "Minister for the time being charged with the execution of this Act " and " Minister."
Crown Lands."

3. SECTION ten of the Principal Act is hereby repealed, and

this Section is hereby substituted in lieu thereof :—

Leases may be Op The Commissioner of Crown Lands, with the approval of this Act and the Regulations, a lease of any Crown lands not exempted by the next following sub-section, for all or any of the undermentioned purposes, that is to say,

anted for

of the Governor, may grant to any person, subject to the provisions

(a.) For mining purposes ; or

(b.) For cutting and constructing thereon water-races, drains,

mining.

dams, reservoirs, roads, or tramways to be used in

connection with such mining ; or

(c.) For erecting thereon any buildings or machinery to be

used for mining purposes ; or

(d.) For pumping or raising water from any land mined or

intended to be mined upon; or

(e.) For residence thereon in connection with. any or all of

such purposes.

Exemptions from (2 .) The undermentioned lands shall be exempted from lease

leasing. under the aforesaid powers, that is to say,

(a.) Any Crown land reserved for any public purpose; and (b.) All Crown land occupied by the holder of a miner's

right or business license, unless the holder thereof

consents to the leasing of such land ; and

All Crown land which consists exclusively of alluvial ground, excepting such as, in the opinion of the Commissioner of Crown Lands,

(i). Has been already worked and abandoned; or (ii). Is suitable for leasing on account of its great

depth or excessive wetness, or on account of the costliness of the appliances required for its development; or

58° VICTORLE, No. 28.

The GoWelds Act, 1886, Amendment Act, 1894.

(m) For any sufficient reason, in his judgment,

ought not to be exempt from lease.

(s.) The term of any lease under this section shall be twenty-one years, at the yearly rental of One pound per acre, and the same may be renewed for a like term upon the terms and conditions prescribed by any Goldfields Acts or Regulations then in force.

Provided that the Warden may, until the assent or dissent of the Governor is ascertained, reserve any Crown lands within a goldfield for any public use or purpose, or exempt from occupation for mining purposes any Crown lands within the goldfield.

NOTWITHSTANDING the provisions of section fourteen of the Principal Act, it shall be lawful for any miner to enter	Entry upon lease
for alluvial.
upon any land, a mining lease of which has been applied for and which is not held under a miner's right, to within fifty feet of any reef situate thereon, for the purpose of searching for and obtaining alluvial gold until a lease is granted: Provided that the applicant for the lease may, and it shall be incumbent upon him within forty-eight hours of his being served with a notice, in the form in the Schedule A hereto signed by a miner, to mark out or otherwise delineate upon such land the line of any reef or reefs situate thereon.

4.

THE Governor may, by proclamation in the Government Gazette, divide any goldfield, or part thereof, into districts, and D . ivisi911 goldfields

5.

by a Warden ; and every such Court shall be a Court of record, and District Courts.	establish in any such district a Court to be presided over and holden lenstblisstrZett aCt
shall have jurisdiction to hear and determine all actions, suits, claims, demands, disputes, and questions arising wholly or in part within the district in relation to mining ; and for the purposes of this Act and the Regulations every such District Court shall be deemed to belong to the goldfield in which the district is situate.

WHEN the hearing of any complaint shall involve the trial of a right to any claim, residence, business, or machine area,	Jurisdiction of
District Courts
or other mining tenement or share therein, or any money due in	as to place.
respect thereof, or hi any way connected therewith, the same shall, subject to the provisions next hereinafter contained, take place in the Court for the district in which such claim or other mining tenement is situate : Provided that if the Warden shall be satisfied that any cause or matter pending in any one Court has been erroneously brought before such Court, or could be more conveniently dealt with in any other Court, he may order the Registrar of the Court to transmit a copy of the record of the proceedings to the Registrar of such other Court, and to give notice

6.

58° VICTORLE, No. 28.

The Goldfields Act, 1886, Amendment Act, 1894.

thereof to the parties ; and immediately upon the receipt of any such transmitted record, the Registrar receiving the same shall give notice thereof to the parties, and appoint a day for the further hearing or other consideration of the cause or matter.

THERE shall be kept at the office of the Registrar of each other dealings or matters connected with any lands situate within such district, and all acts, matters and things required by this Act to be done, and all notices or other process required to be served at or issued out of the office of the Warden, in connection therewith, shall be sufficiently done, issued at, or served, if done, issued, or served at or out of the office of such Registrar.

7.

Records to be kept

at office of	district a complete record of all leases, claims, transfers, liens, or
Registrars.

WHERE any doubt shall exist as to the exact position of Registrar, it shall be lawful for the applicant, having in all other respects complied with the Regulations, to make application at the office of the Registrar nearest to such lands. Where after survey it is ascertained that any lands, the subject of an application are situate partly within the boundaries of any two or more districts, such lands shall be deemed to be within the district of the nearest Registrar.

8.

In case of doubt

application may be	any lands the subject of any proposed dealing in the office of a
Registrar.
made to nearest

9.

AND whereas questions have been raised as to the validity of certain Regulations for the Management of Goldfields made under and by virtue of the Principal Act, and for settling such questions : Be it further enacted, as follows :—All regulations heretofore made or purporting to have been made under the provisions of the Principal

Regulations

confirmed.

Act relating to the management of goldfields, shall be deemed to be

within the powers conferred by the said Act, and to have been

legally and properly made, and are hereby confirmed.

In the name and on behalf of the Queen I hereby assent

to this Act.

W. 0. F. ROBINSON, Governor.

58° VICTORIZE, No. 28.

The Goldfields Act, 1886, Amendment Act, 1894.

Schedule A.

To Section i.

You are hereby requested, within forty-eight hours after being served with

this notice, to mark out upon the ground, in accordance with Section 4 of "The

Goldfields Act, 1886, Amendment Act, 1894," the line of the reef situate thereupon.

Name

No. of Miner's Right

By Authority : RICHARD PETHER, Government Printer, Perth.