Miners' Homestead Leases Act and Mining Titles Freeholding Act Amendment Act 1986 (Qld)

395 (!ueenslanb ANNO TRICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 23 of 1986 An Act to amend the Miners' Homestead Leases Act 1913- 1982 and the Mining Titles Freeholding Act 1980- 1983 each in certain particulars and for other purposes ASSENTED TO 8TH APRIL, 1986]

396 Miners' Homestead Leases Act and Mining Titles Freeholding Act Amendment Act 1986, No. 23 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 I-PRELIMINARY 1. Short title . This Act may be cited as the Miners' Homestead Leases Act and Mining Titles Freeholding Act Amendment Act 1986. 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY ( ss. 1-2); PART II-AMENDMENT OF MINERS' HOMESTEAD LEASES ACT 1913-1982 ( ss. 3-11); PART III-AMENDMENT OF MINING TITLES FREEHOLDING ACT 1980- 1983 (ss. 12-15). PART II-AMENDMENT OF MINERS' HOMESTEAD LEASES ACT 1913-1982 3. Citation . ( 1) In this Part the Miners' Homestead Leases Act 1913-1982 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 1913-1986. 4. Amendment of s. 3 . Interpretation . Section 3 of the Principal Act is amended by- (a) omitting from the meaning of the term "Lessee" the words "Department of Mines" and substituting the words "relevant warden"; (b) inserting after the term "miner's homestead perpetual lease" and its meaning the following term and meaning:- " "Minister" means the Minister of the Crown who, at the material time , is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of the Minister;". 5. Amendment of s. 5A. Variation of mining field not to affect miners ' homesteads . Section 5A of the Principal Act is amended by adding at the end thereof the following paragraph:- "For the purposes of this section, where the Governor in Council abolishes (or has, since the commencement of the Miners'Homestead Leases Act Amendment Act 1979, abolished) a mining field, the land that- (a) before the abolition of the field, was within the field; and (b) after the abolition of the field, is not within a mining field;

Miners' Homestead Leases Act and Mining Titles Freeholding Act Amendment Act 1986, No. 23 397 is and, it is declared, always was from that abolition land excluded from a mining field upon the variation of the boundaries of that field.". 6. Amendment of s. 20. Approval of application . Section 20 of the Principal Act is amended by omitting from the fourth paragraph the words "Director-General, Department of Mines" and substituting the words "Chief Commissioner of Lands, Land Administration Commission". 7. Amendment of s. 26. Transfer of miner ' s homestead lease. (1) Section 26 of the Principal Act is amended by omitting the words "Mines Department" and substituting the words "Public Service of Queensland". (2) It is hereby declared that an endorsement of a certificate of transfer made upon the back of a lease by an officer of the Public Service of Queensland upon the authority of the Minister since 2 December, 1985 is and always was an endorsement validly made in compliance with section 26 of the Principal Act to the extent that it would be validly made if that officer was an officer of the Mines Department. 8. Amendment of s. 29A. Provisional and fresh instruments. (1) Section 29A of the Principal Act is amended in subsection (2) by omitting from paragraph (a) the words "Director-General, Department of Mines" and substituting the words `"Chief Commissioner of Lands, Land Administration Commission". (2) Where before the commencement of this section, an instrument of lease is lodged with the Director-General, Department of Mines, the Minister for the time being administering the Principal Act as amended by this Act may cause to be issued, a new instrument of lease in substitution for that instrument, notwithstanding that the instrument of lease was not lodged with the Chief Commissioner of Lands, Land Administration Commission. 9. Amendment of s. 29AA. Correction of instruments . Section 29?..A of the Principal Act is amended in subsection (1) by omitting paragraph (b) and substituting the following paragraph:- "(b) Particulars of the Order in Council shall be registered in the register kept by the relevant warden.". 10. Amendment of s. 29B. Registration of Easements . Section 2913 of the Principal Act is amended in subsection (1) by omitting from the last paragraph the words "Department of Mines" and substituting the words "Land Administration Commission". 11. Amendment of s. 39 . Transmission . Section 39 of the Principal Act is amended by omitting from the first paragraph the words "and by the Department of Mines".

398 Miners' Homestead Leases Act and Mining Titles Freeholding Act Amendment Act 1986, No. 23 PART III-AMENDMENT OF MINING TITLES FREEHOLDING ACT 1980-1983 12. Citation. (1) In this Part the Mining Titles Freeholding Act1980-1983 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 1980-1986. 13. Amendment of s. 4. Interpretation . Section 4 of the Principal Act is amended by- (a) omitting from the definition "Minister" the words "Minister for Mines or other"; (b) omitting the expression ";" appearing at the end of the section and substituting the expression ".". 14. Amendment of s. 10 . Valuation of unimproved value . Section 10 of the Principal Act is amended in subsection (3) by omitting from the second paragraph the words "Director-General, Department of Mines" and substituting the words "Chief Commissioner of Lands, Land Administration Commission". 15. Amendment of s. 34 . Preservation of encumbrances . Section 34 of the Principal Act is amended in subsection (1) by omitting the words "Director-General, Department of Mines" and substituting the words "Chief Commissioner of Lands, Land Administration Commission".