Mineral Leases Act 1875 (SA)

ANNO TRICESIMO OCTAVO ET TRICES1M.O NON0

A. D. 1875.

No. 18.

An Act to authorize the issue of Mineral Leases to the holders

of Gold Mining Leases.

[Assented to, 15th Octobcr, 1875.3

IIEREAS doubts have arisen as to the power of the Governor Preamble.

W to grant leases for mineral purposes over lend irduded in	gold mining leases: And whereas it is desirable that such power
should exist-Be it tllcrefore Enacted by the Governor of the Yro- vince of South Australia, with the advice and consent of the Legislative Council and House of Assenlbly of the said Province, in this present Parliament assembled: as follows:

1. The lessee, or the exemtors, administrators, or assigns of the leases special may mineral be granted

lessee under any gold mining lease of the Waste Lands of the Crowo, ,, baldarB ,,f

l e ~.

now or hereafter to be subsisting, may apply to the Comnlissioner of mining for any minerals, mineral ores, and metals in the land included in such gold mining lease; and thereupon it s l d l be lawful for the Governor in Council to grant to such applicant a lease of such land for any term not exceeding fourteen years, at an annual

rental of Two Shillings and Sixpence per acre. Such leases s2dl Form of leaaes.

be in such form as may be prescribed by the reg~~lations to be made under this Act or to the like effect, and shall bind the lessee, his heirs, executors, administrators, and assigns to occupy, mine, and work the said land, and the minerals and metals therein and there- under, and with right of renewal for two further periods of fourteen years, on payment of a fine on each reuewal of not more than One Hundred Pounds per acre on the land so leased, under and subject to the conditions, stipulations, and clauses of forfeiture set forth in such lease and regulations respectively.

U 2. Leasea

74 38" & 39" VICTORIAE, No. 18.

The Minera E Lenses Amendment A c t. 1 B? 5.

Lease may be for-

feitcd. 2. Leases granted under the authority of this Act shall be liable to forfeiture, and may be declared void, and be forfeited, for breach of the conditions in such lease, in the same manner and subject to the same rules of procedure as leases granted pursuant to The Mineral Leases Act, 1867," and the provisions of section 14 of such last-mentioned Act shall be applicable to leases granted under this Act.

Granting of mineral,

leases not to affect	3. The granting of any lease for the purpose of mining under the provisions of this Act, or under section 1 4 of " The Mineral Leases Act, 1867," shall not operate to extinguish or affect the gold mining lease of the land comprised in the said lease for the purpose of mining, or the term by such gold mining lease granted; but such gold mining lease, and the term and rights thereby granted shall, ,until surrendered, as hereinafter mentioned or otherwise determined, vest in the person who shall from time to time be entitled to the said lease for the purpose of mining under this Act, or section 14 of " The Mineral Leases Act, 1867."
gold miriiig leasee.
Surrender of gold
mineral leases.	4. On its being shown to the satisfaction of the Commissioner of Crown Lands that the land reserved by any gold mining lease is not sufficiently auriferous to be worked at a profit, such lease may be surrendered without affectrng the validity of any lease under this Act, or section 14 of " The Mineral Leases Act, 1867," and notice of such surrender shall be given in the Government Gazette wichin one month of the date thereof, and thereupon such land shall be deemed to be waste lands" within the meaning of bection 3 of Act No. 26 of 1870-1: Provided always that nothing in this Act shall be construed to prejudicially affect any existing rights.

Regulatiow may be 5.

The Governor in Council may, from time to time, make, rescind, and alter regulations respecting the terms and conditions under which mineral leases shall be granted under this Act, the forms of leases and covenants, and respecting all other matters and things necessary to give effect to this Act, and may by such regulations

made.

fix a pennltj not exceeding Ono Hundred Pounds for any breach

thereof. Every such regulation, when published in the Govern-

ment Gazette, shall haw the force of law; and a copy of all regula-	tions made under the authority of this Act shall be laid '&fore
Parliament within fourteen days from the publication thereof, if the Parliament be then sitting, and if Padiament shall not then
be sitting, then within fourteen days from its next sitting for the
dispatch of business.

Short title and In-	6. This Act m y be cited for all purposes as	The Mineral
oorporation.

Leases Amendment Act, 1875," and shall be incorporated and read

together with The Mineral Leases Act, 1867," and Act No. 26

of 1870-1, intituled An Act to amend the laws relating to gold

mining and for other purposes," as forming one Act.

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

assent to this Bill,

A. MUSGRAVE, Governor.

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.