Goldfields Act Amendment Act 1900 (WA)

atactitent %115tralia.

ANNO SEXAGESIMO QUARTO

VICTORIA', REGINA:.

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No. XXIII.

AN ACT to amend the Goldfields Act, 1895, and the Acts passed in 1896 and 1898, amending the same.

[Assented to, .5th December, 1900.]

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:— BE it enacted by the Queen's Most Excellent Majesty, by and

1.     THIS Act may be cited as the Goldfields Act Amendment Short title.

Act, 1900, and shall be incorporated with the Goldfields Act, 1895, hereinafter called the principal Act.

2.      ANY miner resident on a goldfield, being not less than Application for

eighteen years of age, may, subject to the regulations, apply for a miner's homestead

lease, to be called a " Miner's Homestead Lease," of any Crown

64° VICTORI2E, No. 23.

Goldfields Act—Amendment.

See Queensland Min- land within the limits of the goldfield, awl the land comprised in ing A et, 1898, s. 71. such lease is hereinafter called a miner's homestead.

Application to ho 3. THE application shall be lodged at the office of the Warden

made to the Warden. of the goldfie ld within which the land applied for is situate.

bid., s. 71.

Area of laud that within the limits of the same goldfield of a greater area than themay be leased. 4. NO person may apply for a miner's homestead or homesteads

See Ibid., s. 72, following, whether held in one holding or several holdings, that is

to say : —Within two miles of the nearest boundary of any townsite or suburban area, Twenty acres ; and beyond two miles from such boundary, Five hundred acres ; and the aggregate area applied for by any one person within the same goldfield shall in no case exceed Five hundred acres.

The Warden may recommend the reservation of a townsite and the boundaries thereof, before recommending the issue of any miner's homestead lease.

For the purposes of Hits section any portions of land distant. more

than twenty miles from each other shall be deemed to form part of

different goldfields.

Priority of title. 5, IN the event of more than one application being made for

See 59 Viot„ No. 40,

the same land, or any portion thereof, priority of title shall be deter-

s. 44.

mined in accordance with the provisions of section forty-four of the

principal Act.

Objections. 6. ANY holder of a miner's right may, within the prescribed

Queensland Mining

time after the lodging of an application, lodge at the Warden's

Act, 1898, s. 70.

office a notice of objection to the application, specifying the grounds

of objection.

Manner of disposing 7. ALL applications and objections thereto shall be disposed of

of applications.	by the Warden in open Court after personal inspection of the land by
See Queensland	him, or the receipt of a report by a mining surveyor or Inspector of
Mining :Vet, 1808,
s. 78.	Mines.
The Warden shall state in open Court his reasons for recommend- ing or rejecting any application to which objection has been made.

8.      IF the land applied for includes any claim or land in the

Power for Warden

to alter or reject	authorised occupation of any person, or if the granting of the
application,	application would, in the opinion of the Warden, in any way interfere

s. 79. with mining or with the requirements of the public, the 'Warden

64° VICTORI/E, No. 23.

Goldfields Act—Amendment.

shall make such alterations in the area and boundaries of the land as seem advisable to him, or he may absolutely reject the application.

If the land contains valuable improvements the Warden may impose a condition that the applicant shall pay the value of the improvements to be fixed by arbitration.

UPON receipt of the surveyor's plans and the report of the

Warden, the Minister may, with the approval of the Governor, grant Issue of lease.

to the applicant a miner's homestead lease, which, subject to the Ibid.,

prescribed conditions, shall be in force so long as the lessee pays the

rent as prescribed by this Act.

9.

WHEN an application for a lease is rejected the applicant shall be entitled to have the amount deposited by him as rent Return of rent and	survey fee.
returned to him, together with the survey fee if no survey has been
made.	Ibid., s. 82.

10.

11. WHEN a lease has been approved, notice thereof shall be O ccuapla tion on -

published the Government Gazette, whereupon the applicant shall prov of applicati apon.

be at liberty forthwith to enter upon and occupy the land applied	See Ibid., 83.
for.
But if, at the expiration of six months from the notification of approval in the Government Gazette, the applicant has not used or occupied the said land, either by himself residing on it, or by enclosing one-tenth part of it with a substantial fence, or by substantial improvements on the land, or by carrying on some manufacture upon or in connection with the land, he shall be deemed to have abandoned the land, and shall cease to be entitled to a lease thereof, and shall not be entitled to a return of any moneys paid by him as rent, and the land may be immediately applied for by another applicant.

THE lessee shall, within three years from the date of the fence, not being a brush fence, proved to the satisfaction of the Minister to be sufficient to resist the trespass of great stock, and within five years from the said date shall expend upon the land, in prescribed improvements, an amount equal to Ten shillings per acre.

survey of the land, fence the whole of the land with a substantial Lessee to fence and 12.

13.      WHERE any land comprised in a miner's homestead lease As to improvements

shall previously have been held by the lessee under the regulations on land previously as held as a market

garden area.

64° VICTORTIE, No. 23.

Goldfields Act—Amendment.

as a market garden area, any improvements thereon shall be deemed a performance of the obligations of the lessee under section eleven, so far as such improvements may extend.

Payment for im- 14. NO improvements shall be deemed made pursuant to

provements. this Act, nor shall any payment or valuation be made in respect

See Land Act, 1898, thereof, unless the Minister shall be satisfied that the same were

s. 145. made bona .fide for the purpose of improving the land, and unless the same shall consist of wells of fresh water, reservoirs, tanks, or dams of permanent character and available for the use of stock ; or of dwelling houses or buildings for industrial purposes ; or of sheds and buildings. erected for farm or shearing and station purposes ; or of cultivation, sub-division fences, clearing, grubbing, draining, ring-barking (at not more than Two shillings and sixpence per acre), or any improvement for maintaining or improving the agricultural or pastoral capabilities of the land.

Rent payable. 15. THE rent reserved by a miner's homestead lease shall be

See Queensland	as follows, that is to say :—
Mining Act, 1898,

s. 84. If the area thereof does not exceed twenty acres, an annual rent at the rate of Two shillings for every acre or part of an acre, and if the area thereof exceeds twenty acres, an annual rent at the rate of Sixpence for every acre or part of an acre, shall be payable during the first twenty years of the lease, and thereafter the rent payable in respect of such lease shall be an annual rent of One shilling and no more on the first day of January in every year, if demanded: Provided that the minimum annual rent for the first twenty years to be reserved by any lease shall not be less than Ten shillings.

Transfer of miner's 16.

A MINER'S homestead lease may, subject to the approval Provided that no person shall be entitled to transfer any homestead lease to any person not entitled to apply for the same under section four of this Act, unless such lease shall have been in existence for a period of ten years prior to the date of such transfer, and that the transferee must be a person otherwise qualified under this Act.

homestead lease.	of the Minister, be transferred by signing an instrument of transfer
/bid., s. 87.	in the prescribed form and paying the prescribed fee :

Transfer by sheriff	17.	WI-TEN a miner's homestead is taken in execution under
when holding taken

in execution and	the judgment of a Court of competent jurisdiction, and sold, the
sold.	sheriff or other proper officer shall execute a transfer of the lease to
Ibid., s. 88.	the purchaser at such sale ; and upon registration of the transfer,

64° VICTORI2E, No. 23.

Goldfields Act—Amendment.

and payment of the prescribed fee, the lease shall be transferred to

such purchaser accordingly :

Provided that the transferee shall be the holder of a miner's right, subject to the proviso in section sixteen.

18. (i .) ANY miner may mark off, apply for, and take up for

mining purposes, in accordance with the provisions of the principal Vogrttiseaosfedotauned r7 to

Act or the Mineral Lands Act, 1892, and the regulations thereunder Ibid., s. 94.

respectively, any land comprised in a miner's homestead in the same

manner as if the land were unoccupied Crown land.

the principal Act or the Mineral Lands Act, 1892, of land comprised(2.) A gold mining or mineral lease may be granted under

in a miner's homestead. But in any such case the lease shall be of the mines under such land only, and not of the surface of the land.

(3.) When land comprised in a miner's homestead is taken up for mining purposes, or is included in a gold mining or mineral lease, the person entitled to mine thereon or therein shall be entitled to erect, maintain, and remove buildings and machinery, sink shafts, and carry on all necessary mining operations upon the surface of the land comprised in the claim, gold mining or mineral lease, and shall also be entitled to access to the mines through the residue of the land comprised in the miner's homestead.

19. IN any of the cases mentioned in the last preceding section,

the lessee may call upon the Warden to assess the value of the ar en"ti" for

damage likely to be clone to any improvements upon his homestead, Ibid., s. 95.

and the Warden may thereupon, if he think fit, require the miner

or applicant for a gold mining or mineral lease working, or about to

work upon the land, to deposit in his hands the amount of the damage

which the working is likely to do to the lessee, and until such payment

is made the miner or applicant for a gold mining or mineral lease shall

not be entitled to work upon the land.

Upon the receipt of the amount so required to be deposited, the Warden shall hold the same as security to be paid either wholly or in part to the lessee if he sustains any damage, or to be returned to the miner or applicant for gold mining or mineral lease on his leaving the land if he does no damage. In assessing such damage only actual injury to improvements shall be taken into account, and no compensa- tion shall be allowed for the value of the land or the lessee's interest therein.

When a lessee has received any money by way of compensation for injury to improvements, he shall not afterwards be entitled to claim compensation in respect of the same improvements, but shall be entitled to claim for additions made to them after the time when he received such compensation.

64" VICTORIA?), No. 23.

Gold fields Act—Amendment.

IF, in any case in which the Warden has been called on of any miner or applicant for a gold mining or mineral lease working on the land comprised on his lease, either party is dissatisfied with his decision, such party may require that the question be referred to arbitration.

Appointment of 20.

arbitrators.	to assess the damage sustained by a lessee through the operations
mid., s. 96.
An application for arbitration shall be made within forty-eight hours after the decision of the case by the Warden, otherwise it shall not be entertained_ and shall be in writing. addressed to the Warden, and a copy thereof shall be delivered by the applicant to the other party concerned, and shall. on such delivery, be equivalent to a submission in writing by both parties of the matters in dispute to two arbitrators, who are to appoint an umpire.

Protection of mining 21. W H EN a miner or gold mining or mineral lessee has put up

improvements, any building or other erection, or put down a shaft upon land com- Ibid., s. 97. prised ill a miner's homestead lease, and afterwards leaves the land, the

homestead lessee shall not remove or destroy such building, erection, or shaft without the sanction of the Warden. Any lessee offending against the provisions of this section shall be liable to a penalty not exceeding One hundred pounds.

Resumption. 22. THE Governor may, after six months' notice to the lessee,

See Ibid., s. 98.	resume the whole or any part of a miner's homestead.
Amount of compen-	Subject to the power of resumption reserved by the lease, upon any such resumption, the lessee shall be entitled to compensation, and the amount of such compensation shall be determined in the manner prescribed by the Land Resumption Act, 1894, for determining compensation for land taken under that Act.
sation.

Miner's homestead 23. NO land held as a miner's homestead lease under this Act

lease not to be	shall be deemed to be private property within the meaning of the
deemed private land
within 62 Viet., No.	Mining on Private Property Act, 1898.
29.

Limitation 94 Act to 24. THE foregoing provisions shall apply only to such gold-

certain goldfields.

fields, or to such portions thereof, as the Governor may by order in

Council from time to time direct.

Amendment of 59 25. SECTION seven of the principal Act is amended by adding

'Viet., No. 40, s. 7. at the end thereof the words " or abolish such goldfield."

Amendment of s, 13. inserting after the word "created," in the fourth line, the word 26. SECTION thirteen of the principal Act is amended by

"therein,"

64° VICTOREE, No. 23.

Goldfields Act—Amendment.

striking out the first and second lines thereof to and including the Amendment of s. 15. 27. SECTION fifteen of the principal Act is amended by

words " to be issued," and by inserting in lieu thereof " The Minister, and every Warden, and all persons appointed for such purpose by the Minister, whether individually or in virtue of their offices, may issue documents."

28. SECTION sixteen of the principal Act is amended by Amendment of 16

inserting in the eighth paragraph, after the word " bccupy," the

words " in localities approved by the 'Wardell."

29. SECTION eighteen of the principal Act is amended by Amendment of s 18.

striking out the words " the lease," in line five, and by inserting " any " in lieu thereof, and striking out the words "lease" and "trans- ferred," in lines eight and nine thereof respectively.

30. SECTION nineteen of the principal Act is amended by Amendment of s. 19.

striking out the words, at the beginning of the section : " It shall be lawful for the Governor to appoint such persons as he may think fit to," and inserting in lieu thereof, " The Minister, and every Warden, and all persons appointed for such purpose by the Minister, whether individually or in virtue of their offices, may," and the said section shall be deemed to have been originally enacted as now amended, and by inserting in sub-section two. after the word

" occupy," the words " in localities approved by the ■M1 , arden ;" and by adding at the end of the same sub-section the following words :- " But no business area shall be granted within a distance of three miles from any gazetted townsite without the approval of the Minister."

31. SECTION twenty-three is amended by striking out all the Amendment of s. 23.

words after "regulations," in the tenth line, and by inserting in lieu thereof, "provided that where such lands are within a municipality, a copy of such application shall be served on the Mayor of the municipality by leaving same at the office of the Town Clerk, and shall also be posted at the Warden's office."

The Minister, on receipt of any application under this section, shall cause notice of such application to be published in the pre- scribed manner, and no authority to mine shall be granted if any valid objection is lodged within thirty days after the receipt of such application. With each such application the sum of Ten pounds shall be deposited to meet the cost of publishing notice thereof, and of inspecting and reporting on the land applied for.

striking out the word " he," in line six thereof, and by inserting the 32. SECTION thirty of the principal Act is amended by Amendment of s. 30.

64° VICTORLE, No. 23.

Goldfields Act—Amendment

words " the holder may register the land as improved. On such registration being effected the holder, in the event of the land being thrown open for sale," and by adding at the end of the section the words, " Such notice shall be deemed duly served if inserted in the

Government Gazette, and sent by post to the holder at his address

(if any) appearing in the register."

Act,1890, section 67. adding after the word " thereto," in line ten, the words :—" Provided See Victorian Mines 33. SECTION thirty-five of the principal Act is amended by

also that a lease may be granted notwithstanding that the person applying for the same may not in all respects have complied with the Regulations, and no such non-compliance shall affect any lease already granted."

Amendment of s. 38. words " and a copy of the decision of the Court of Appeal certified 34. SECTION thirty-eight is amended by striking out the

by him," in the eighteenth and nineteenth lines thereof.

Amendment of s. 41 35, SECTION forty-one is amended by striking out the words,

in the fifth and sixth lines. "may with the like consent be renewed," and inserting in lieu thereof " shall, at any time before the expiration thereof, at the option of the lessee, be renewable for a further period of twenty-one years."

36.      SECTION forty-two is amended by striking out all the

Amendment of s. 42 vords after " Gazette" in the tenth line.

Amendment of s. 45 37. SECTION forty-five is amended by striking out, in the

second, twelfth, thirteenth, and fourteenth lines, the words " or application for lease " wherever they occur, and by striking out, in line thirteen, the words " as the case may be," and all the words after " case," in the twenty-fifth line.

Amendment of s. 46. second line, the words " or application for lease."	38. SECTION forty-six is amended by striking out, in the
Amendment of 53	39. SECTION fifty-three is amended by inserting, after the

word " proceeding," in the first line, the words " under the jurisdic-

tion conferred by section fifty-two."

40. SECTION sixty-two is amended by inserting, after the

Amendment of s. 62

word " proceeding," in the first line, the words " under the jurisdic-

tion conferred by section fifty-two."

64° VICTORTIE, No. 23.

Goldfields Act—Amendment.

41. SECTION eighty-one is amended by inserting, after the Amendment of s. 81.

word " proceedings," in the first line, the words " under the jurisdic-

tion conferred by section fifty-two."

42. SECTION ninety is amended by striking out, in the eighth Amendment of s. 90.

line, the words " shall and."

is amended by inserting after the word " before," in the fourth line, Viet., No. 36, s. 6. 43. SECTION six of the Goldfields Act Amendment Act. 1896, Amendment of 60

the words " any Warden or."

44. SECTION nine of the Goldfields Act Amendment Act, Amendment of 62

1898, is amended by striking out, in the first line, the words " the Vict., No. 16, s. 9.

hearing of," and substituting the word " recommending," and by

striking out, in the fifth line, the words " the hearing," and substi-

tuting the words " his recommendation."

SECTION ten of the last-mentioned Act is amended by paragraph, and by inserting in lieu thereof " one-eighth."

striking out the words " one-third," in the second line of the second Amendment of s. 45.

46.       SUB-SECTION two of section twelve of the last-mentioned Repeal of section

Act is repealed. 12, sub-section (2).

by striking out the words " not exceeding four," and substituting 47. SECTION thirteen of the last-mentioned Act is amended Amendment of 13.

" if the total area does not exceed ninety-six acres."

by adding the words " and the whole or any portion of such fine 48. SECTION fourteen of the last-mentioned Act is amended Amendment of s. 14.

may, in the discretion of the Governor, be awarded to the applicant

for forfeiture."

SECTION nineteen of the last-mentioned Act is amended

by inserting after the word " Minister," in the fourth line, the words

" or the Under Secretary for Mines."

Amendment of s. 19.

49.

SECTION twenty of the last-mentioned Act is hereby repealed, and the following substituted:—	Repeal of s. 20, and
substitution of new
section.

50.

(i.) No person shall buy gold from any other person unless either the buyer or the seller is the holder of a " Gold Dealer's License " (hereinafter called a " license "), and any person who shall buy gold, except as aforesaid, shall

64° VICTORIX, No. 23.

Goldfields Act—Amendment

be guilty of an offence, and on conviction thereof shall be liable to a fine not exceeding One hundred pounds, or to imprisonment for not more than three months. Provided that nothing herein contained shall apply to the purchase of gold-bearing ores or tailings from any registered leaseholder or claim-holder under a contract in writing, signed by or on behalf of the vendor, setting forth that the ores or tailings were produced from and taken out of the ground comprised in the lease or claim of which the vendor is the registered holder, and which said lease or claim is sufficiently described in the said contract.

Warden or Resident (2.) A license may be issued to any person desirous of deal- on any goldfield, he shall apply for a license to the Warden, and if without a goldfield, to the Resident or Police Magistrate of the district within which his place of business is situated. All such applications shall be made in open Court, after the prescribed notice has been given. Any person may object to the issue of such license. No license shall be issued to any applicant unless the Warden or Magistrate is satisfied that he is a person of good character and reputation, and it shall be in the absolute discretion of such Warden or Magistrate to grant or withhold such license, as he may think fit. A fee of One pound shall be payable for a license, which shall remain in force until the thirty-first day of December next after the date of its issue, and may be annually renewed, on payment of a like fee, but may be cancelled by a Warden or Magistrate on the licensee being convicted of any offence against this section, or of any felony or misdemeanour which, in the opinion of such Warden or Magistrate, renders him unfit to hold a license.

Magistrate may grant	ing in gold. If such person desires to deal in gold
a gold-dealer's
license.

Renewal of license. (3.) The Warden of any goldfield, or the Resident or Police Magistrate of any district in which licenses are in force, shall appoint a day during the month of December in each year for the holding of a Court for the granting of renewals of licenses. At least seven days' notice shall be given of the sitting of such Court by advertisement in a newspaper (if any) circulating in the district, and any licensee desiring to renew his license shall give notice, in the prescribed form, to the Warden or Magistrate of his intention to apply. Such Court may be adjourned to any day during the same month. On every application for a renewal of license the Warden

64° VICTORUE, No. 23.

Goldfields Act—Amendment.

or Magistrate shall have like discretion as to such

renewal as in the case of an original application.

(a.) A license shall only entitle the licensee to deal in gold Effect of license.

within the goldfield, goldfield district, or magisterial district within which it is issued, but the Warden of any other goldfield or Resident or Police Magistrate of any other district may, on application being made in open Court, extend such license to such other goldfield or district, and indorse the license to that effect. Notwith- standing any of the provisions of this section, any incorporated Bank may, on application to the Under Secretary for Mines, obtain a license without giving notice, which shall apply throughout the Colony.

(s.) (a.) There shall be kept at the office of the Warden and Registers of holders

the Resident or Police Magistrate of every goldfield	licenses to be kept
of gold dealers'
or district, a register of all holders of licenses	at the office of
granted or in force in such goldfield or district,	Wardens and Resi-
dent Magistrates.
and every licensee residing or carrying on business as a gold dealer in any goldfield, goldfield district, or magisterial district, shall cause his name, and the address of his place or places of business, and of any change of address, to be registered in the register to be kept as aforesaid.

(b.) It shall be the duty of the Mining Registrar, or the Clerk to the Magistrate, to transmit. a statement of the name and residence of every person to whom a gold dealer's license is granted, or who obtains a renewal thereof, and the date of the issue or renewal thereof, to the Under Secretary for Mines, who shall record the particulars so transmitted in a book, to be called the Register of Gold Dealers.

(c.) The before-mentioned registers shall be open for inspection by the public at all times during ordinary office hours.

(d.) Every name of a licensee shall be struck off the register on the expiration of his license, unless a renewal of such license has been previously granted.

(6.) Every licensee shall keep at his place of business a book

(hereinafter called " A Gold Dealer's Book"), and shall purchase book.

immediately, after buying or selling any gold, make an

entry in such book of the name and address of the

Licensee to keep gold

64° VICTORIZE, No. 23.

Goldfields Act—Amendment.

buyer and seller, respectively, and of such other particulars as may be from time to time prescribed, and shall furnish to the Warden, Resident or Police Magistrate, or Under Secretary for Mines, such particulars as to gold bought as may also be from time to time prescribed. Any licensee failing to comply with these provisions shall be guilty of an offence against this section.

Inspection of gold	(v.) livery inspector, sub-inspector, or sergeant of police, and (if authorised in that behalf in writing under the hand of a Warden, or Resident or Police Magistrate, or under the hand of any two Justices of the Peace), every member of the police force or officer of the Mines Department may at any time, on a business day, enter the place of business of a person holding a gold dealer's license, or other the place where his gold dealer's book is, and may inspect and make extracts from such book, and every person refusing to produce such book, or resisting or impeding such inspection, or extracting, shall be guilty of an offence against this section: Pro- vided that the person making such inspection or extracts shall not divulge the result thereof to any person other than a superior officer, or by order of the Court, under a penalty on summary conviction not exceeding Twenty pounds.
purchase book.
Returns to be fur-	(8.) Every owner or manager of a battery or other apparatus the Mines Department monthly with a return, setting forth the amount of stone or earth treated by him during the previous month, together with full particulars of the amount of gold extracted therefrom, with such other particulars as may be prescribed by the Regu- lations.

nished by owners,	for the extraction of gold from earth or ore, shall furnish
etc., of batteries.

Penalties for	(g.) Save where a penalty is specially provided, a person guilty of an offence against this section shall be liable to a fine of not more than 'Twenty pounds, and in default to imprisonment not exceeding three months, and every offence against this section may be dealt with
offences.

Jurisdiction. by a Court of summary jurisdiction.

(1 o.) For the purposes of this section " buyer " shall mean as well dealer or agent, and " gold " shall mean as well gold bullion, gold ores, alluvial gold, gold amalgam, gold alloys, zinc precipitates, slag, concentrates, and unwrought gold in any form.

Interpretation.

64° VICTORIA, No. 23.

Goldfields Act—Amendment.

I.) Every license plaited under the section hereby repealed Expiration of exist-

shall expire on the Thirty-first day of December, One ing licenses.

thousand nine hundred, but any licensee whose license

except for this Act would have continued after that

date, shall be entitled to receive from the Under

Secretary for Mines the proportionate part of the fee

paid for such license in advance for any period

subsequent to such date.

51.      IT shall not be lawful for the owner, lessee, or occupier of No person to mine

any mine lying under any railway reserve, or under land resumed for under railway

railway or tramway purposes, to mine under such reserve or resumed reserve except on

certain condition.

land without giving at least fourteen clays' previous notice, in writing,

to the Minister.

The Minister may impose upon such owner, lessee, or occupier such terms, if any, as the Minister thinks necessary for the public safety, and in that case such mining shall only be carried on in accordance with those terms.

A condition for the observance of this section by the lessee of every existing and future mining lease shall be deemed to be con- tained therein. The Governor, if lie shall think fit, may, at the request and cost of any such lessee, owner, or occupier, cause or require the deviation of any railway or tramway so far as may be necessary for the working of any lode or reef.

SUBJECT to the provisions of section twelve of the Gold- fields Act Amendment Act, 1898, and without prejudice to any lease	Gazette notices of
leases to be con-
forfeiture of mining
the subject of pending legal proceedings, whenever by any notice	clusive evidence of
heretofore or hereafter inserted in the Government Gazette, signed, or	forfeiture.
purporting to be signed by the Minister, or by the Under Secretary	See Mines Act, 1890
for Mines, any lease granted under the principal Act, or any Act	of Victoria, sec. 76.
relating to gold mining heretofore in force, shall have been declared
void or forfeited, such notice shall be deemed to have been from the date of such its publication conclusive evidence that such lease was and was duly declared to be forfeited at the time mentioned
in such notice, and that Her Majesty forthwith thereafter re-entered
upon the said land in pursuance of the proviso for re-entry contained in the said lease, and the land comprised in any lease so declared void shall be deemed to have been, from the date of the publication of the Gazette containing such notice, vacant and unoccupied Grown
land, capable of being taken possession of and occupied for mining
or other purposes within the meaning of the principal Act, and any person who, after such insertion, shall remain or be in the possession or occupation of the lands comprised in such lease, or any
part of them, under colour of such lease, shall be deemed to be in the

52.

64° VICTORDE, No. 23.

Goldfields Act—Amendment.

unauthorised occupation of Crown lands and may be proceeded against accordingly : Provided that the Governor may, for any cause which lie may deem sufficient, by any subsequent notice in the

Government Gazette, signed. or purporting to be signed by the Minister

Or the Under Secretary for Mines, cancel any notice of voidance or

forfeiture, and reinstate the lessee as of his former estate or some part thereof, and on any terms and conditions as regards the lessee and any persons who, since the forfeiture, have been lawfully in possession of any part of the land, and any proceedings taken and any things lawfully done or suffered since the forfeiture as to the Governor may seem fit.

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

to this Act.

ALEX. C. ONSLOW, Administrator.

By Authority : IttCHaan PETHER, Government Printer, Perth.