Miners' Homestead Leases Act and Another Act Amendment Act 1990 (Qld)

644 MINERS ' HG P\/: _ _ 7 ESTEAD LE A SES ACT AND AN OTHER A MENDMENT A CT No. 29 of 1990 ANALYSIS OF CONTENTS 1.1 Short title 1.2 Commencement PART 1-PRELIMINARY PART 2-AMENDMENT OF MINERS' HOMESTEAD LEASES ACT 1913-1986 2.1 Citation 2.2 Amendment of s. 1. Short title and commencement of Act 2.3 Amendment of s. 2. Division of Act 2.4 Amendment of s. 3 . Interpretation 2.5 New s. 4A Miners ' Homestead Districts 2.6 Repeal of and new heading and Division I Area of land which may be held 2.7 Repeal of heading and Division II 2.8 Repeal of heading and Division III 2.9 Amendment of heading 2.10 Repeal of s. 20 . Approval of application 2.11 Amendment of s. 21 . Occupation of land 2.12 Amendment of s. 23B . Capital value 2.13 Amendment of s. 24. Manner of paying rents. Penalty in default 2.14 Amendment of s. 25 . Conditions on which homestead may be sublet 2.15 Amendment of s. 26. Transfer of miner ' s homestead lease 2.16 Amendment of s. 27. Transfer by sheriff when lease taken in execution and sold 2.17 Amendment of s. 28 . Subdivision of miner ' s homestead 2.18 Amendment of s., 28A . Surrender of miner's homestead 2.19 Amendment of s. 28B . Adding land to miner's homestead 2.20 Amendment of s. 29 2.21 Amendment of s. 29A . Provisional and fresh instruments 2.22 Amendment of s. 29AA. Correction of instruments 2.23 Amendment of s. 29AB . Recording of certain dealings and changes of status 2.24 Amendment of s. 29B . Registration of Easements 2.25 Amendment of s. 29C. Noting of Easement on Title, etc. 2.26 Repeal of and new s. 32. Homesteads , how forfeited Forfeiture proceedings 2.27 Amendment of s. 34 . Consequence of forfeiture or other premature determination of lease, etc. 2.28 Repeal of ss . 35 and 36 2.29 Amendment of s. 37. Resumption and compensation 2.30 Amendment of s. 39 . Transmission 2.31 New s. 42 Delegation by Minister

645 PART 3-AMENDMENT OF MINING TITLES FREEHOLDING ACT 1980-1989 3.1 Citation 3.2 Amendment of s. 4. Interpretation 3.3 Amendment of s. 7. Tenants in common may request issue of separate deeds of grant 3.4 Amendment of s. 8. Application 3.5 Amendment of s. 10. Valuation of unimproved value 3.6 Amendment of s. 15. Applicant to elect 3.7 Amendment of s. 31. Registration 3.8 Amendment of s. 33. Protection of Minister, etc. 3.9 Amendment of s. 34. Preservation of encumbrances 3.10 New s. 37 Delegation by Minister PART 4-SAVINGS AND TRANSITIONAL 4.1 Prior applications under Miners ' Homestead Leases Act 4.2 Registers and records 4.3 Requests , etc., to Minister through Warden 4.4 Residence areas , business areas and market gardens

646 ueen'stand ANNO TRICESIMO NONO EL,IZA ET AE SEC AE R E G IN A E An Act to amend the Miners ' Homestead Leases Act 1913- 1986 an d the M i n ing Titles Fr hold ° g Act 1980- 1989 each in certain particulars and f o r related purposes [ASSENTED T o 15TH JUNE, 19901

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 647 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART 1-PRELIMINARY 1.1 Short title. This Act may be cited as the Miners' Homestead Leases Act and Another Act Amendment Act 1990. 1.2 Commencement . (1) Section 1.1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act commences on the day the Mineral Resources Act 1989 commences. PART 2-AMENDMENT OF MINERS' HOMESTEAD LEASES ACT 1913-1986 2.1 Citation . (1) In this Part the Miners' Homestead Leases Act 1913-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Miners' Homestead Leases Act 1913-1990. 2.2 Amendment of s. 1. Short title and commencement of Act. Section 1 of the Principal Act is amended by omitting the words ", and shall be read as one with The Mining Act of 1898". 2.3 Amendment of s. 2. Division of Act. Section 2 of the Principal Act is amended by- (a) omitting the words "Division I-Power to grant leases;" and substituting the words "Division I-Entitlement to hold lease;"; (b) omitting the words "Division II-Land available by application;" and the words "Division III-Land available at auction;"; (c) omitting the words "Grant and conditions" and substituting the word "Conditions". 2.4 Am endment of s. 3. Interpretation . Section 3 of the Principal Act is amended by- (a) inserting before the term "Land Court" the following terms and their respective meanings:- "Commissioner"-The Land Commissioner as defined in the Land Act 1962-1989; "District"-A Miners' Homestead District constituted under this Act;''; (b) omitting from the meaning of the term "Lessee" the words "records of the relevant warden" and substituting the words "appropriate records";

648 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 (c) omitting the terms "Mining Field" and "Warden" and their respective meanings; (d) in the meaning of the term "Qualified person" omitting from subparagraph (ii) and (iii) the words "on such mining field" and substituting the words "in a district" in each case; (e) inserting after the term "Qualified person" and its meaning the following terms and meanings:- " "Register"-Where used as a noun, and where the register is maintained pursuant to this Act, means any register maintained wholly or partly, for land within a particular district, for a lease granted under this Act- (a) on paper, or microfilm or in such other medium as the Minister determines from time to time; and (b) in such device for storing or processing information as the Minister determines from time to time; "Registrar of Miners' Homesteads"-Where used in respect of land, the officer of the Public Service of Queensland for the time being charged with the duty of recording dealings under this Act affecting lands within the district in which the land is situated;". 2.5 New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- "4A. Miners' Homestead Districts . (1) The Governor in Council may, from time to time, by Order in Council- (a) constitute any part of the State as a miners' homestead district and give a name to such district; (b) include in any district any part of the State which is not included in any other district; (c) abolish a district; (d) join such abolished district, or any part thereof, to another district; (e) alter the boundaries of districts by excluding from one any part thereof and including the part so excluded in another; (f) alter the name of any district. (2) An Order in Council under subsection (1) must be published in the Government Gazette. (3) An Order in Council may determine the boundaries of a district or part thereof by reference to maps, plans or other documentation held by the Department of Lands or any other department of the Government. (4) For the purposes of this Act, any land to which this Act applies that prior to the commencement of the Miners' Homestead Leases Act and Another Act Amendment Act 1990 was within a

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 649 mining field within the meaning of the Miners' Homestead Leases Act 1913-1986 but is not within a district referred to in subsection (1) is to be taken to be in the district within which is the greater portion of that mining field.". 2.6 Repeal of and new heading and Division I. The Principal Act is amended by omitting the heading "DIVISION I-POWER TO GRANT LEASES" occurring after section 4A and repealing sections 5 to 7 both inclusive and substituting the following heading and section:- "DIVISION I--ENTITLEMENT TO HOLD LEASE 5. Area of land which may be held. A person shall not hold within the same district a miner's homestead or miner's homesteads of an area greater than- (a) within the boundaries of a city, town or township, 4000 square metres or such greater area as in the particular case the Governor in Council upon the recommendation of the registrar approves; _ (b) outside the boundaries of a city, town or township, 32 hectares or within a particular district or part of a district such other area declared by Order in Council to be the maximum area for the purposes of this paragraph.". 2.7 Repeal of heading and Division II. The Principal Act is amended by omitting the heading "DIVISION II-LAND AVAILABLE BY APPLICATION" occurring after section 7 and repealing sections 8 to 14 both inclusive. 2.8 Repeal of heading and Division III. The Principal Act is amended by omitting the heading "DIVISION Ill-LAND AVAILABLE AT AUCTION" occurring before section 16 and repealing sections 16 to 19A both inclusive. 2.9 Amendment of heading . The Principal Act is amended by omitting from the heading "DIVISION IV-GRANT AND CONDITIONS OF LEASE" the words "GRANT AND". 2.10 Repeal of s. 20 . Approval of application . The Principal Act is amended by repealing section 20. 2.11 Amendment of s. 21. O ccupation of land. Section 21 of the Principal Act is amended by- (a) omitting from the first paragraph of subsection (1) the words "the application or purchase" and substituting the words "an application or purchase made before the commencement of Part 2 of the Miners' Homestead Leases Act and Another Act Amendment Act 1990';• (b) in subsection (2)- (i) omitting the word "warden" where it firstly occurs and substituting the words "registrar of miners' homesteads";

650 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 (ii) omitting the word "warden" where it secondly occurs and substituting the word "Commissioner". 2.12 Amendment of s. 23B . Capital value . Section 23B of the Principal Act is amended by- (a) omitting the word "warden" where it occurs in subsection (1) (b) and subsection (2) and substituting the word "Commissioner" in each case; (b) adding at the end thereof the following subsection:- "(3) For the purposes of subsection (1) and (2) a capital value determined prior to the commencement of section 2.12 of the Miners' Homestead Leases Act and Another Act AmendmentAct 1990 shall continue after that commencement to be the capital value for the period for which it was determined.". 2.13 Amendment of s..24 . Manner of paying rents. Penalty in default. Section 24 of the Principal Act is amended by omitting from subsection (1) the words "warden of the mining field in which the miner's homestead is situated" and substituting the words "registrar of miners' homesteads". 2.14 Amendment of s. 25. Conditions on which homestead may be sublet. Section 25 of the Principal Act is amended by- (a) omitting from subsection (1) the words "at the warden's office" where they twice occur and substituting the words "by the registrar of miners' homesteads in the register" in each case; (b) omitting from subsection (3) the words "at the warden's office" and substituting the words "by the registrar of miners' homesteads in the register". 2.15 Amendment of s. 26 . T ransfer of miner ' s homestead lease. Section 26 of the Principal Act is amended by- (a) inserting in the first paragraph after the word "transferred" the words "to a qualified person"; (b) omitting the paragraph commencing with the word "Every" and the proviso thereto and substituting the following paragraph:- "Particulars of every transfer shall be- (a) recorded in the register maintained for the district in which the land is situated; and (b) endorsed upon the instrument of lease.". 2.16 Amendment of s. 27. Transfer by sheriff when lease taken in execution and sold . Section 27 of the Principal Act is amended by omitting the words "at the warden's office" and substituting the words "with the registrar of miners' homesteads".

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 651 2.17 Amendment of s. 28 . Subdivision of miner's homestead . Section 28 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the word "warden" and substituting the words "registrar of miners' homesteads"; (ii) in subparagraph (b)- (A) omitting the words "land endorsed with the consent of the Local Authority" and the words "an authorised" and substituting the words "subdivision approved by the Local Authority in accordance with the Local Government Act 1936-1988" and the words "a licensed" respectively; (B) omitting the words "or symbols"; (b) omitting from subsection (4) the word "warden" and substituting the words "registrar of miners' homesteads". 2.18 Amendment of s. 28A. Surrender of miner ' s homestead . Section 28A of the Principal Act is amended by- (a) omitting from subsection (1) (b) the words "an authorised" and the words "endorsed with the consent" and substituting the words "a licensed" and the words "approved by a notation of approval under the seal" respectively; (b) omitting from subsection (3) the word "Wardens" and substituting the word "Magistrates". 2.19 Amendment of s. 28B. Adding land to miner ' s homestead. Section 28B of the Principal Act is amended in subsection (2) by omitting the word "warden", the words "an authorised" and the words "endorsed with the consent" and substituting the words "registrar of miners' homesteads", the words "a licensed" and the words "approved by a notation of approval under the seal" respectively. 2.20 Amendment of s. 29. Section 29 of the Principal Act is amended by- (a) in subsection (3), omitting from the second paragraph the words "warden's office" and substituting the words "appropriate register"; (b) in subsection (6)- (i) omitting from subparagraph (i) the word "warden" and substituting the words "registrar of miners' homesteads"; (ii) omitting from subparagraph (ii) the words "mining field" and substituting the words "district in which the land is situated"; (iii) omitting from subparagraph (b) of the proviso the words "at the warden's office" and the word "warden" and substituting the words "with the registrar of miners' homesteads" and the word "registrar" respectively;

652 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 (c) omitting from subsection (7) the words "warden's office" and substituting the words "appropriate register". 2.21 Amendment of s. 29A. Provisional and fresh instruments. Section 29A of the Principal Act is amended by omitting from subsection (2) (a) the words "Chief Commissioner of Lands, Land Administration Commission" and substituting the words "Director-General, Department of Lands through the registrar of miners' homesteads". 2.22 Amendment of s. 29AA. Correction of instruments . Section 29AA of the Principal Act is amended in subsection (1) by (a) in paragraph (a) renumbering subparagraphs (a), (b) and (c) as subparagraphs (i), (ii) and (iii) respectively; (b) omitting from paragraph (b) the words "register kept by the relevant warden" and substituting the words "appropriate register". 2.23 Amendment of s. 29AB . Recording of certain dealings and changes of status . Section 29AB of the Principal Act is amended by- (a) omitting from subsection (1) the words "warden's office" and substituting the words "appropriate register"; (b) omitting from subsection (2) the words "warden's office" and substituting the words "appropriate register". 2.24 Amendment of s. 29B . Registration of Easements . Section 29B of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the first paragraph the words "kept in the warden's office'; ; (ii) omitting from subparagraph (b) of the second paragraph the words "an authorized" and substituting the words "a licensed"; (iii) omitting from the last paragraph the words "in the warden's office" and the words "the warden to the Land Administration Commission" and substituting the words "by the registrar of miners' homesteads" and the words . "that registrar to the Director-General, Department of Lands" respectively; (b) omitting from subsection (2) the words "in the warden's office". 2.25 Amendment of s. 29C. Noting of Easement on Title, etc. Section 29C of the Principal Act is amended by- (a) omitting from subsection (2) the words "warden's office" and substituting the words "appropriate register"; (b) in subsection (3)- (i) omitting the words "the Department of Lands" and substituting the words "with the Registrar of Dealings";

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 653 (ii) omitting the word "warden" where it twice occurs and substituting the words "registrar of miners' homesteads" in each case. 2.26 Repeal of and new s. 32. Homesteads , how forfeited. The Principal Act is amended by repealing section 32 and substituting the following section:- "32. Forfeiture proceedings . (1) Where the Minister at any time has reason to believe that a miner's homestead lease or a miner's homestead perpetual lease is liable to be forfeited for any cause other than nonpayment of rent, the Minister may refer the matter to the Land Court for hearing and determination. The Minister shall give to the lessee concerned 28 days' notice of intention to make the reference and shall state in the notice the conditions of the lease that the Minister is satisfied have not been complied with. ' A copy of the notice given to the lessee shall be submitted to the Land Court with the reference. (2) If upon the final decision of the matter any such liability to forfeiture is established the Minister may- (a) recommend to the Governor in Council that the lease be forfeited; or (b) waive the liability to forfeiture subject to such terms and conditions as the Minister thinks fit to impose upon the lessee. The Governor in Council may upon the recommendation of the Minister declare the lease forfeited, and thereupon and thereby the lease shall be determined and the lessee shall be irrevocably divested of all rights, titles and interests thereunder in and to the land comprised therein. (3) A matter arising under section 32 of the Miners' Homestead Leases Act 1913-1986 immediately prior to the passing of the Miners' Homestead Leases Act and Another Act Amendment Act 1990 that has been commenced but is not completed prior to that date may be continued and completed as if that Act had not been passed.". 2.27 Amendment of s. 34 . Consequence of forfeiture or other premature determination of lease , etc. Section 34 of the Principal Act is amended by inserting in subparagraph (ii) after the words "lessee or purchaser" the words "of a lease or purchase under the Land Act 1962- 1989". 2.28 Repeal of ss. 35 and 36 . The Principal Act is amended by repealing sections 35 and 36.

654 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 2.29 Amendment of s. 3 7 . Resumption and compensation . Section 37 of the Principal Act is amended by (a) in subsection (7)- (i) omitting from the first paragraph the word "warden" and substituting the words "registrar of miners' homesteads"; (ii) in the second paragraph- (A) omitting the word "warden" and substituting the words "registrar of miners' homesteads"; (B) omitting the words "assess and determine in accordance with this section" and substituting the words "notify the Commissioner who shall arrange for the assessment and determination in accordance with this section of (b) omitting from subsection (8) the words "a warden" and substituting the words "the Commissioner". 2.30 Amendment of s. 39 . Transmission . Section 39 of the Principal Act is amended by omitting from the first paragraph the word "warden" and substituting the words "registrar of miners' homesteads". 2.31 New s. 42. The Principal Act is amended by inserting after section 41 the following section:- "42. Delegation by Minister . (1) The Minister may and, it is hereby declared, always could either generally or otherwise as provided by the instrument of delegation, by instrument in writing under the hand of the Minister, delegate to one or more than one person all or any of the powers, functions, authorities and duties of the Minister under this Act (other than this power of delegation) as may be specified in the instrument. (2) A delegation made pursuant to subsection (1) may be to an individual named therein or to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform (whilst holding or occupying or performing the duties of that office) the delegated powers, authorities, functions and duties as are specified in the instrument. (3) A power, function, authority or duty the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (4) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation.

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 655 (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing done had been done or suffered by the Minister. (6) A delegation is revocable by the Minister at will. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Minister. (8) The Minister may make such and so many delegations under this section and to such number of delegates as the Minister considers necessary or desirable.". PART 3-AMENDMENT OF MINING TITLES FREEHOLDING ACT 1980-1989 3.1 Citation. (1) In this Part the Mining Titles Freeholding Act1980-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Mining Titles Freeholding Act 1980-1990. 3.2 Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by- (a) inserting after the definition "business area" the following definitions:- "Commissioner" means the Land Commissioner as defined in the Land Act 1962-1989; "district" means a miners' homestead district constituted under the Miners' Homestead Leases Act 1913-1990;"; (b) inserting after the definition "Minister" the following definitions:- "registrar of miners' homesteads" means the relevant registrar of miners' homesteads as defined in the Miners' Homestead Leases Act 1913-1990; "Registrar of Dealings" means the officer of the Department of Lands charged with the duty of recording dealings affecting lands under the Land Act 1962-1989;"; (c) omitting the expression ";" occurring at the end of the definition "residence area" and substituting the expression "."; (d) omitting the definitions "Warden" and "Wardens Court". 3.3 Amendment of s. 7. Tenants in common may request issue of separate deeds of grant . Section 7 of the Principal Act is amended by- (a) omitting from subparagraph (a) the word "Warden" and substituting the words "registrar of miners' homesteads";

656 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 (b) omitting from subparagraph (b) the word "Warden" and substituting the words "registrar of miners' homesteads". 3.4 Amendment of s. S. Application. Section 8 of the Principal Act is amended by omitting from subsection (3) (a) the word "Warden" and substituting the words "registrar of miners' homesteads". 3.5 Amendment of s. 10. Valuation of unimproved value. Section 10 of the Principal Act is amended by- (a) omitting from subsection (1) (a), (b) and (c) the word "Warden" where it occurs and substituting the words "registrar of miners' homesteads" in each case; (b) omitting from subsection (2) the word "Warden" and substituting the words "registrar of miners' homesteads"; (c) omitting from subsection (3) the words "Chief Commissioner of Lands, Land Administration Commission" and substituting the words "Director-General, Department of Lands or other chief executive of the Department of the Government for the time being administering this Act". 3.6 Amendment of s. 15. Applicant to elect. Section 15 of the Principal Act is amended by omitting from subsection (1) the word "Warden" and substituting the words "registrar of miners' homesteads". 3.7 Amendment of s. 31. Registration. Section 31 of the Principal Act is amended by omitting the word "Warden" and substituting the words "registrar of miners' homesteads". 3.8 Amendment of s. 33. Protection of Minister, etc. Section 33 of the Principal Act is amended by omitting the words "or a warden" and the word "or warden" and substituting the words ", Commissioner or registrar of miners' homesteads" and the words ", Commissioner or registrar of miners' homesteads". 3.9 Amendment of s. 34. Preservation of encumbrances. Section 34 of the Principal Act is amended by omitting from subsection (1) the words "Chief Commissioner of Lands, Land Administration Commission" and substituting the words "Registrar of Dealings". 3.10 New s. 37. The Principal Act is amended by inserting after section 36 the following section:- "37. Delegation by Minister. (1) The Minister may and, it is hereby declared, always could either generally or otherwise as provided by the instrument of delegation, by instrument in writing under the hand of the Minister, delegate to one or more than one person all or any of the powers, functions, authorities and duties of the Minister under this Act (other than this power of delegation) as may be specified in the instrument. (2) A delegation made pursuant to subsection (1) may be to an individual named therein or to the holder of an office

Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 657 under the Crown in right of this State, specifying the office but without naming the holder in which case each successive holder of that office and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform (whilst holding or occupying or performing the duties of that office) the delegated powers, authorities, functions and duties as are specified in the instrument. (3) A power, function, authority or duty the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed in accordance with the terms of the delegation by the delegate to whom the exercise or performance thereof has been delegated. (4) A delegation may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, functions, authorities or duties delegated or as to time, place or circumstances as may be specified in the instrument of delegation. (5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section has the same force and effect as if the act or thing done had been done or suffered by the Minister. (6) A delegation is revocable by the Minister at will. (7) A delegation under this section does not prevent the exercise or performance of a power, function, authority or duty by the Minister. (8) The Minister may make such and so many delegations under this section and to such number of delegates as the Minister considers necessary or desirable.". PART 4-SAVINGS AND TRANSITIONAL 4.1 Prior applications under Miners ' Homestead Leases Act. Where an application is duly made pursuant to the Miners' Homestead Leases Act 1913-1986 prior to the commencement of Part 2, the provisions of that Act, notwithstanding any repeal or amendment thereof by Part 2, continue in effect for the purpose only of the final determination of the application and action to be taken thereon as if that Part had not been enacted but for that purpose- (a) in a case where a provision requires a report or valuation by the warden, a reference to the warden shall be construed as a reference to the Commissioner; (b) in any other case , a reference to the warden shall be construed as a reference to the relevant registrar of miners' homesteads. 4.2 Registers and records . Any register, record or other documents held by a warden under the Miner's Homestead Leases Act 1913-1986 at the commencement of Part 2 shall be transferred and delivered forthwith upon that commencement to the relevant registrar of miners' homesteads.

658 Miners' Homestead Leases Act and Another Act Amendment Act 1990, No. 29 4.3 Requests , etc., to Minister through Warden. Where the MiningTitles Freeholding Act 1980-1989 provides for a notification or request to be made within a prescribed time to the Minister through the Warden and in a particular case- (a) the prescribed period is not to expire until after the commencement of the Act; and (b) the notification or request had not been made prior to that commencement, if the notification or request is to be made it must be made within that prescribed time to the appropriate registrar of miners' homesteads. 4.4 Residence areas, business areas and market garden areas. (1) Upon the commencement of this section each Warden who, under the Mining Act 1968 or any other Act relating to mining, maintains a register in respect of residence areas, business areas or market garden areas in existence at that commencement, shall deliver the register to the registrar of miners' homesteads in the district in which the land the subject of those areas is situated together with all relevant documents relating to those areas and dealings therein. (2) The registers referred to in subsection (1) shall be maintained by the registrars of miners' homesteads. (3) For the purpose of the application of the provisions of the Mining Act 1968 or any other Act relating to mining in respect of residence areas, business areas and market garden areas referred to in subsection (1) reference in any Act or law to a Warden shall be construed as a reference to the appropriate registrar of miners' homesteads.