Land Drainage Act 1900 (WA)

aaleztern Clurtratta.

ANNO SEXAGESEVIO QUARTO

VICTORIA', REGINA,.

•,,t4i14',Ai*,N:4,***4 **4PM,Ai*:0**fliM,M**MA..*********-A 4:?4,***rn

No. XXII.

kiN ACT to provide for the Drainage of

Land.

[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:— 13E it enacted by the Queen's Most Excellent Majesty, by and

1.	THIS Act may be cited as the Land Drainage Act, 1900.	Short title.
2.	IN this Act, unless the context otherwise requires,—	Interpretation.
" Board " means a Drainage Board for a district constituted

under this A ct ;

" District " or " Drainage District " means a District con-

stituted under this Act ;

" Drain " includes every passage or channel on, above, or under ground, through which water flows, except a navigable river, and except a main or .branch water-race made for the supply of any reservoir, darn, or pit for the conserva- tion of water ;

64° VICTORIA, No. 22.

Land Drainage.

" Main drain means such drain as the Minister shall from

time to time so designate.

"Drainage works " means drainage works of any sort, including the making of drains for receiving water in its natural flow on or from any hills or sloping lands, and diverting the same to prevent its overflow on to any other lands OD a lower level, as well as drains for carrying off water from any lands ;

" Minister " means the responsible Minister of the Crown

charged with the administration of this Act ;

" Owner " (except as concerns rating and voting) means any person seized, possessed of, or entitled to land, or to any estate or interest therein other than as occupier, whether such person has or has not the power to convey or sell the same ;

" Ratable property " shall mean all buildings, lands, tenements, and hereditaments in the district, except the following, namely : All such property situate within the limits of a municipality, or in any town where there exists a. town council; waste lands of the Crown in the possession of the Crown or leased by the Crown for pastoral purposes ; land the property of the Crown and used for any public purpose; churches, chapels, cemeteries ; places for the public worship of Almighty God ; public schools, or schools deriving aid from Government ; public buildings and lands appropriated and held upon trust for any religious, charitable, or public purpose, or reserved or set apart for the benefit of the aborigines ;

"Ratable value " means ratable value under the Roads Act, 1888, as if the amendment in section fem . of the Act of 1894 amending the same had not been passed ;

" Road District " means a district constituted under the Roads

Acts ;

" Roads Acts " means the Acts 52 Vict., No. 16, and 58 Vict.,

No. 17 ;

" Watercourse " includes all rivers, streams, and passages

through which water flows:

Act not to affect 3. NOTHING in this Act shall prejudice or affect any power

powers of Crown or	or authority vested in Her Majesty, or in the Governor, or in the
of certain officers.
See Land Drainage	Director of Public Woi:ks or Commissioner of Railways, and no
Act, N.Z., 57 Viet.,	action shall be brought against the Crown for anything done on the
46, s. 3.	recommendation of a Board constituted under tins Act.

64" VICTORIZE, No. 22.

Land Drainage.

Drainage Districts and Drainage Boards.

4.

THE Governor. from time to time, by Order in Council, may, on petition in that behalf from a majority of the ratepayers in ally	Governor inay
constitute districts.
part of the Colony, declare any lands to be a drainage district for the	runt., s. 5.
purposes of this Act, and may, in such order, define the boundaries and give a name to such district, and may add to or curtail from such district any area on a similar petition from the majority of the ratepayers in such area ; but may refuse to curtail any district during the currency of any loan effected on the security of the rates thereof.
Any such district may comprise any entire road district or part of a road district only. or any road district with a part or parts of another or others; the Governor, by Order in Council, may, if he thinks fit, abolish any district, but may refuse to do so during the currency of any loan effected on the security of the rates thereof.

5.

THE ratepayers may, in their petition, give the names of six persons nominated by a meeting of ratepayers as being fit persons to	Ratepayers may
nominate members
form a Drainage Board for the proposed district, and may ask the	of Drainage Board.
Governor to appoint them members of such Board.

UPON the constitution of any district under this Act, the Governor may, by Proclamation in the Government Gazette, appoint	Governor may ap-
point first members
six persons to be the first members of the Board for such district,	of Drainage Board.
any three of whom shall form a quorum for the transaction of	See S. A. Act, 101 of
business, and such members may appoint one of their number to be	1878, s. 8.
chairman thereof ; and the members so appointed shall hold office until the first annual election after the constitution of the district, when they shall retire ; and such Board shall have and exercise all the powers, duties, and functions of a Drainage Board elected as hereinafter provided.

6.

(i.) A DRAIN AGE Board shall be elected for every district, consisting of six members, any three of whom shall be a

Election of Board.

See Roads Act, 1888,

quorum for the transaction of business. Elections shall be held

s. 32.

on the third Thursday in December in every year at such place

within the district as the Returning Officer shall appoint.

(2.) At the first election for a new district the Returning Officer shall be nominated by the Governor.

7.

(3.) t every election other than the first the chairman of

the Board, and in his absence, or if there shall be no such chairman, any member of the Board elected by the members present for thatll purpose, shall be the Returning Officer.

64° VICTORI2E, No. 22.

Land Drainage.

(4.) In case in any district the electors fail to duly elect a Board, or any members to fill up the vacancies in a Board, the Governor, by notice in the Government Gazette, may appoint a Board

Or members to fill any vacancies.

Entry of Board on 8. (I.) THE Board shall enter upon their office on the day

office and retirement	following their election.
of members.

Ibid., s. 43. (2.) On the third Thursday in every December two members

shall go out of office by rotation, and an election shall be held to supply their places, and the persons elected shall assume office on their predecessors going out of office.

(3.) The members of each Board shall go out of office in the

following order, that is to say :—The two members who had the least number of votes at the first election under this Act shall be the first two to go out of office ; the two members who had the next smallest number of votes at the first election under this Act shall be the next two to go out of office ; and afterwards the members to go out of office shall always be the two who have been longest in office without re-election, and in cases where two or more members are elected on the same day, as between themselves, those having the smallest number of votes at such election shall be deemed the longest in office for the purpose of retiring by rotation.

(4.) In case at any election of members two or more are

elected by an equality of votes, or the election is had without a ballot, it shall be determined by lot in what rotation, as between themselves, such members having an equality of votes shall retire by twos as aforesaid, as the case may be ; and in such case the members shall retire according to the rotation so determined.

9. EVERY person being a ratepayer in respect of property

Electors electoral • • •

situate within a drainage district of the age of twenty-one years, and

list, and qualification, '

a natural born or naturalised subject of her Majesty, and not subject to any legal incapacity, shall be entitled to have his name placed upon the electoral list and to vote at the election of members of the Drainage Board for such district, and shall be qualified to be a member of such Board.

10.       THE enactments of the Roads Acts concerning the electors

Electors, electoral

list, and qualification	and the electoral list, and concerning the qualifications of members
of members to be as	of Road Boards, shall apply, mutatis matandis, to Drainage Boards.
under Roads Acts.

Certain sections of 11. SECTIONS thirty-three to forty-two inclusive, and sections

Roads Act, 1888, to	forty-four to fifty-one inclusive, of the Roads Act, 1888, shall apply,
apply to elections
under this Act.	mutatis mutanclis, to elections under this Act.

64° VICTORI1E, No. 22.

Laud Drainage.

12.

WHEN the election of any member or members has been held, and. is or has afterwards become void, the electors shall not	Avoidance of an elec-
tion to be treated as
thereby be disabled from electing such member or members for the	a bye-vacancy.
future ; but the election shall be had as in the case of a bye-vacancy,	See ibid., part s. 42.
and every act necessary or convenient to be done in order to and for completing such election shall and may be done, and shall be as valid for all purposes as if the election had been upon the day or within the time appointed -for that purpose.

13.

EVERY Drainage Board shall be a body corporate under the name of "The Drainage Board of the District of ," with

Board incorporated.

Land Drainage Act,

perpetual succession and a common seal, having a. capacity to hold

N.Y.., 57 Viet., 40,

lands and to do and suffer all things which a body corporate may

do and suffer.

14.

THE Board shall appoint a clerk and a treasurer, and may from time to time appoint and employ all such other officers, to	Appointment of
officers, etc.
assist in the execution of this Act, as they shall think proper and necessary, and from time to time may remove any of such officers and appoint others in the place of such as shall be so removed, or as may die, resign, or discontinue their offices, and, with the approval of the :11-Mister, may pay such salaries and allowances to the said officers

respectively as the Board shall think reasonable ; and may, before bid" s. 41'

appointment, require security for the clue execution of the respective Security.

offices.

15.

NO member shall be capable of being or continuin k. 4 a paid clerk or treasurer or any other such officer of the Board, as in the cannot be paid

Member of Board

last preceding section mentioned.

officer.

Ibid., s. 45.

Construction of Drains.

TH E Colonial Treasurer may, with the approval of the Governor, from time to time expend -for the purposes of this Act	Colonial Treasurer
may expend £30,000.
in the construction of main drains within any drainage district, or in	See 60 Viet., No. 26.,
such other drainage works as the Governor, on the recommendation of a Board, approves, sums not exceeding, on the whole, Thirty thousand pounds out of any surplus at his disposal, or out of moneys voted by Parliament for the purposes of this Act, or out of moneys borrowed (and which the Colonial Treasurer is hereby authorised to borrow) from the funds of the Post Office Savings Bank, at a rate of interest not exceeding four per centum per annum, and secured by any Government securities in accordance with section twenty (b) of the
Post Office Savings Bank Consolidation Act, 1893, or out of moneys
raised, and which the Colonial Treasurer is hereby authorised to raise, upon debentures secured upon the Consolidated Revenue of Western Australia, bearing interest not exceeding the rate aforesaid, and redeemable not later than twenty-five years after the date thereof.

16.

64° VICTORI1E, No. 22.

Land Drainage.

17. A BOARD may, from time to time, apply to the Minister

Beard ma y appy l for p

drainage works and fir the construction of main drains or any other drainage works

charge rates with

cost of construction.	within the district of the Board, and if the Governor approves
Schedule.	of the application, the Board shall execute to the Colonial Treasurer an instrument creating a sole charge upon the drainage rates under this Act, in the form set out in the Schedule hereto, securing interest at four per cent. per annum on the cost of the work, and a payment at the rate of two per cent. per annum to a sinking fund for repayment of such cost : And the Colonial Treasurer shall thereupon raise or apply, in accordance with this Act, a sum of money to meet the cost of the work.
No other charge on the drainage rates shall be created or arise until the discharge of the security hereby required to be given.
The payments received on account of the sinking fund shall be applied in repayment of the sums expended by the Colonial Treasurer for the purposes of this Act, and shall, in the first place, be invested in a fund for the redemption of any debentures or other Government securities that have been issued for the purposes aforesaid, and, in the next place, as regards any sums not required for such redemption, shall be applied from time to time in repayment of any moneys expended for such purposes, and not raised by debentures or other Government securities.

Construction of 18. THE Director of Public Works, at the request of the

stain drains. Minister, shall construct any main drains or other drainage works approved by the Governor under this Act, and for that purpose may, from time to time, by his engineers, surveyors, agents, officers, and workmen, exercise the following powers or any of them, and may execute, do, or cause to be executed or done, any of the following matters and things:—

May enter lands, etc., (1 .) For the purposes of any inspection, survey, or inquiry, or upon which it is proposed that any works shall be executed under this Act, or any lands and premises adjoining thereto, and, if necessary, may dig or bore therein, and also examine any weir, sluice, or floodgate erected in or upon any river or stream which it may seem to him to be necessary to examine, and may open or raise any such floodgate or sluice for the purposes of any such inquiry, and make any soundings, or bore the bed or channel of any part of any such river, or any mill-course connected therewith, making reasonable com- pensation for any actual damage done thereby ;

for survey, etc.	enter upon any lands or premises in the district within
See ibid., s. 20.

And may resume land	( 2 .)	May, without compensation, resume any rural land which has been granted by the Crown, whether under the Land Regulations or under the Land Act, 1898, but
for drainage work.

64° VICTORIA, No. 22.

Land Drainage.

so that the total resumption does not exceed the extent allowed by the proviso reserving to the Crown the right to resume land for certain public purposes ;

(3.)	May, under the powers conferred by the Lands Resump- tion Act, 1894, resume any lands, or any estate or interest therein, within or without the district which in his opinion may be required;
(4.)	May, from time to time, within or without the district,

ay enter and take

cut, dig, take, and car'r'y y away, or cause to be dug, cut, earth, eta

taken, and carried away any quantity of earth or

materials in or from the land of any person, and, for so See ibid.,	s. 21.
doing, shall pay reasonable compensation to the owners and occupiers of such land, except when acting in the exercise of a power reserved to the Crown by the grant ;

(5.) May break up the soil of any roads, ways, or footpaths break "p roads,

within the district and excavate and sink trenches for etc. ,

the purpose of laying down and constructing drains see ibid., a. 19.

the

therein, and may cause such drains to communicate with the sea, or ally arm thereof, or with any stream or water-course, either within or without the limits of the district, and also from time to time may open, cleanse, and repair such drains, or alter the position thereof ; and may do all such acts, matters, and things as he shall judge expedient, necessary, or proper for making, amending, repairing, completing, or improving any water-course or drain, or other works to be made, clone, and provided for the purposes of this Act ;

Provided that, before interfering with any such road, way, or footpath, the Director of Public Works shall give one mouth's notice, in writing, to the local authority having control thereof, and shall make reason- able compensation for any actual damage done thereby ;

(6.) May, in the making, widening, deepening, cleansing,

or repairing of any drain or ditch, remove the soil thereof	aa,r iace soil on
and place it on the bank on either side of such drain	Ibid.
or ditch.

Powers and Duties of the Board.

ALL drains and drainage works which shall be constructed under this Act shall, when completed, be vested in the Board.	Drains to be vested
in Board.

19.

20.       IT shall be the duty of the Board to cleanse, repair, and B

otherwise maintain in a state of efficiency all drains and drainage	thomlsro maintain
works vested in the Board, and for that purpose the Board may exercise all or any of the powers hereinbefore conferred on the Director of Public Works for the construction of the same.

64° VICTORI2E, No. 22.

Land Drainage.

Branch drains. 21. (1.) ON the application of any owner or occupier of any land

within the district, the Board may authorise such person to make branch drains communicating with any main drain on such terms as to maintenance, cleansing, and otherwise as to the Board may seem fit.

(2.) Where, on land adjoining a drain constructed by the Board under this Act, the water collects in such quantity as to render it necessary, in the opinion of the Board, that a branch drain should be made to carry the water into the drain constructed by the Board, the Board may serve notice on the owner or occupier, requiring him to make such branch drain, and if the owner or occupier makes default for a month after such notice, the Board may make the branch drain and recover the cost thereof from the owner or occupier. Such notice shall specify the nature and direction of the branch drain required, and where and in what manner it is to be connected with the drain constructed by the Board.

THE Board, after not less than ten days' public notice, in a newspaper having a general circulation within the district, has been given of their intention, shall levy a rate on all lands iu the drainage district (except as hereinafter mentioned) in each year, according to their ratable value, for the purposes of tins Act, and may appoint a time and place for the payment of such rate, and all rates not so paid may, without further notice, be recovered by the Board in any Court of competent jurisdiction.

22.

Board may levy rate.

Ibid., s. 30.

The rolls of ratepayers of a drainage district shall be conclusive evidence that persons whose names appear therein respectively are liable to the rate to be levied as aforesaid.

Rates to be applied 23. THE rates received by the Board by virtue of this Act shall

to interest and sink-	be applied in the first place to paying to the Colonial Treasurer interest
ing fund.	at the rate of four pounds per centum per annum on the amount
Sec 60 Viet. 19, s. 15.	borrowed by him on debentures, and in the next place to the sinking
fund for the repayment of the amounts paid or applied to meet the cost of construction at the rate of two per centum per annum on the said amount and, after such payments, to the management, maintenance, and improvement of the drainage works within the district.

ANY such rate may be levied in manner as directed by or revoked' by the Board, either- ( .) On a uniform scale ; or (2.) On a graduated scale according to the classification of

Differential rates on 24.

land.	the advertisement thereof, which may from time to time be altered
Ibid., S. 31.

lands in the district.

64° VICTORIA, No. 22.

Land Drainage.

All lands in any district which, by their situation, configuration, or other physical causes, are excluded from deriving any benefit from the drainage works, may be exempted by the Minister on the recommendation of the Board from all rates to be levied in respect of such works.

EVERY annual rate shall be for an amount sufficient to make the payments toward interest and sinking fund as aforesaid,

Rates to be sufficient

to pay interest, etc.,

and in case such rate is insufficient for that purpose, or no rate is

and Minister to makerate on default of

levied and collected, the Minister may make, levy, and collect

Board.

drainage rates as if he were the Board, and may exercise all the

powers of the Board for that purpose.

25.

WHENEVER, in any year, the drainage rate is insufficient to pay the interest and the contribution to the sinking fund as

Consolidated

Revenue may come

in aid of payments,

aforesaid, the deficiency may be advanced out of the Consolidated

and be a (Marge on

Revenue, and shall become a charge upon the rates, repayable,

rates.

with interest, in like manner as the charge hereinbefore provided

for.

26.

AFTER making the payments aforesaid, and after the

expenses of maintenance, management, and improvement have been surplus to reduce

met, the Board may, if they think fit, with the approval of the rates.

Minister, employ ally surplus in their hands in reduction of rates.

Board may employ

27.

WHERE any drainage works constructed under this Act improve unoccupied Crown lands ill the district so as to promote ilipT.rver G"„1,1.7ds

28.

settlement there, the Governor may make a contribution to the funds went may contributeto Board.

of the Board to such extent as he may see tit.

29, THE Board shall cause books to be provided and kept, and Book of account to

true and regular accounts to be entered therein, of all sums of money be kept,

received and paid under the authority of this Act, and of the several

s. 50.

purposes for which such sums of money have been received and paid, which books shall, at all reasonable times, be open to the inspection of any ratepayers without fee or reward, and any ratepayer may take copies or extracts therefrom gratis ; and any member or officer of the Board who does not, on the reasonable demand of any ratepayer, permit him to inspect the said books, or to take such copies or extracts, shall, on conviction for every such offence, pay a fine not exceeding Five pounds.

30. ALL moneys received by the Board shall be paid into Money's received to

some one of the public banks of the Colony to	the account of the	be paid into bank.
Board of the district, and no part of such money	shall be drawn out	(See N.Z. Act 58

of the bank except by a cheque signed by	the treasurer and	mt., 54, s. 2.)
countersigned by a member of the Board.

64° VICTORLE, No. 22.

Land Drainage.

The accounts of the Board for the past year shall be audited in the month of March in each year by the Auditor General.

The Board of every district shall, before the end of the second week in February in each year, cause the accounts of the Board for the past year, up to and including the last day of December, to be balanced, and also a full and true statement and account to be prepared of the amount of all rates made and levied, and of all moneys received and expended during the past year, and such statement and account, signed by the chairman and the treasurer of the Board at least, shall be submitted by the chairman to the Auditor General.

The treasurer of every district shall fbrthwith, after such audit, make out and cause to be printed and published in some newspaper circulating in the district a full abstract of the accounts for the year as audited.

Miscellaneous.

Chairman or dolt 31. IN all proceedings under this Act in any Court in which

may represent Board	the Board shall be concerned, the chairman or the clerks of the
in proceedings before
Courts, etc.	Board may, in person or by counsel or solicitor, represent the Board
Ibid., s. 55.	and act in their behalf in all respects as though he, and not the said Board, had been the party concerned; and the chairman or clerk
Re-thaborsement of	shall be reimbursed all damages, costs, charges, and expenses to
officer.	which he shall be put, or with which he may become chargeable, by

s. 56.

reason of anything done or suffered in the course of such repre-

sentation.

EVERY person, not being authorised for that purpose by any drain into any water-course or drain vested in the Board by this Act, or who shall, without any such consent, stop or obstruct any such last-mentioned water-course or drain, shall be liable for every such offence to a penalty not exceeding Fifty pounds, and the Board may cause such branch drain to be remade as they think fit, and all expenses incurred thereby shall be repaid to the Board by the person making such branch drain, and may be recovered before a Court of summary jurisdiction.

32.

Penalty for interfer•

ing, with drains, etc.	the Board, who shall, without the consent of the Board, make
Ibid., s. 95.

Malicious destrm 33, IF any person shall at any time wilfully and maliciously

tion of property.	cut, break down, destroy, or damage any bank, drain, sewer, clam,
Ibid., a. 76.	mill, engine, building, sluice. or any of the works which shall be erected or made for the purposes of this Act, or any part thereof, such person shall be guilty of felony, and; being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding twelve months, or to a fine not exceeding. Five hundred pounds.

64" VICTORIJE, No. 22,

Land Drainage.

EVERY person who at any time obstructs the Director of Public Works or the Board, or any person appointed by him or

Penalty for obstruc-

tion.

them, in the performance of anything which they are respectively

bbid., s. 77.

empowered or required to do by this Act. shall be liable to a fine

not exceeding Fifty pounds.

34.

ANY Judge of the Supreme Court or any Magistrate, not- withstanding that such Judge or Magistrate is or is liable to be	Judges and Justices
to hear and deter-
mine, though liable
rated within the district under any of the provisions of this Act, or	to he rated,

35.

is a resident or is owner or occupier of land within the district, may

s. 75.

hold any Court, or do ally act, matter, or thing-, or adjudicate in the recovery of rates, and in appeals against rates, and in revising lists of voters, and may hear and determine informations and complaints, and hear and adjudicate upon all other matters and things which he might hold, do, or adjudicate upon if he had not been liable to be so rated or had not been such resident, owner, or occupier.

EVERY proceeding- commenced or prosecuted against any person for anything done or to be done in pursuance of this Act, or	Limitation of
actions.
in execution of the powers and authority hereby given, shall be	Ibid., s. 59.
commenced within twelve months next after the act committed, and	Place of trial.
not afterwards.

36.

PERSONS charged with any offence hereby made punish- able only by a fine may be prosecuted, and all fines and penalties summarily. Penalties recoverable

37.

. .

imposed by this Act shall be recoverable before a Court of summary Ibid., s.

jurisdiction.

38.      IN the execution and performance by any Board of Exemption of

the powers conferred and the duties imposed upon it by this Act, a members of Board . per al son

member of the Board shall not be plly persona liable in respect of from

the execution of the said powers, or the performance or non- see 12 . viet	75.
performance of the said duties, unless it is proved that such member has been guilty of wilful misconduct or negligence; but, if the Board has been guilty of culpable negligence in the doing; or omission of any Act, the Board shall be liable for such negligence.

EVERY Board may make by-laws for the better carrying

out of their duties and for the regulation and drainage under this

Act.

laws.

39.

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

to this Act.

ALEX. C. ONSLOW, Administrator.

64° VICTORIIE, No. 22.

Land Drainage.

Seetien 17.	THE SCHEDULE.
The Land Drainage Act, 1900.

To ALL to whom these presents shall come, Greeting : Whereas the Drainage Board of the District of has applied, in accordance with the Land Drainage Act, 1900, to the Minister to construct a drain or drains from

through to

[or otherwise describe it], and the Governor has approved the work, and the

estimated cost of construction is £ , but the actual cost of construction may be more or less than that sum; Now, therefore, for securing the repayment of the cost of construction with interest thereon, the said Drainage the payment of the expenses of the Board and of collection) with the paymentBoard hereby charges the annual drainage rates of the said district (subject to

to the Colonial Treasurer of interest at six per centum per annum on the sum of

until the work is completed and the actual cost of construction

is ascertained, and thenceforth on the actual cost of construction, hereinafter

called the principal sum, be the same more or less than the said sum of

, the said six per centum being four per centum interest on the

principal sum and two per cent= to go to a sinking fund for repayment thereof,

and such payment being annually continued until the discharge of the said

principal sum with interest at four per centum per annum thereon.

Dated this day of , 19 .

Sealed with the seal of the)

Drainage Board of the Dis- (

trict of in the 5	[SEAL.]
presence of us

E. F., Chairman.

G. IL, Clerk.

By Authority : Ricnuu PETHER, Government Printer, Pertl

atactitent %115tralia.

ANNO SEXAGESIMO QUARTO

VICTORIA', REGINA:.

**********;*******42*.****lt************al4:***Aelll*******=Alcil***

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