Miners' Homestead Leases Act of 1913 (4 Geo v No. 14) (Qld)

5934 ss. 1-3. MINING. M£ners' Homestead Leases :Act. 4 GEO. V. No. 14, MINING. Miners' Homestead Leases Act if 1913 4 Geo. V. No. 14 Miners' Homesiclld Leases Act Amendment Act of 1918 4 Geo. V. No. 28 4 Geo. V. An Act to Amend the Law relating to Miners' No. 14. THE Homestead Leases. MIllERS' HOMESTEAD LEASES ACT [ASSENTED TO 29TH OCTOBER, 1913.J OF 1913. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, . as follows':- PART 1.- PRELIMINARY. Short tide PART I.-PRELIMINARY. 1. This Act may be cited as "The Miners' Homestead m o an f ed A ncc c eo t m . me- nt MLeiansiensg. AAcctt ooff 11981938," ," a * nhdesrehianllrebfeerrreeadd toas aosntehewiPtrhin"ci T p h a e l Act. This Act shall commence and take effect on and from the first day of March, one thousand nine hundred and fourteen. Division of Act. 2. This Act is divided into Parts, as follows:- PART I.-PRELIMINARY; PART II.-MINERS' HOMESTEAD LEASES: ])ivision L-Power to grant leases; J)ivision IL-Land available by application; ])ivision IIL-Land available by tender or at auction; JJivision Iv'-Grant and conditions of lease: PART IlI.-GENERA.L PROVISIONS. Inter- pretauon. Lel8ee. 3. In this Act, unless the context otherwise indicates, the foll0wing terms have the meanings set against them respectively, that is to say,- " Lessee"-The holder of a minees homestead lease under this Act, whether such lease has been granted after application only or after applica- tion accompanied by tender or after sale by auction: the term, where necessary, includes the holder of a leasehold under Part VIII. of the 'Principal Act or under any Act rl'pealed by the Principal Act: this term also, where 62 Vie. No. 24, supra, page 2178.

1913. MINING. Miners' Homestead Leases Act. s.4. 15985· PART I.- PRELIMINARY. necessary, includes the executor or adminis- trator of a deceased lessee, or, if no probate or administration has been granted, the person entitled to entry of transmission of the miner's homestead of a deceased lessee in the records Df the Department of Mines, or the committee of an insane lessee. . ":Mining Field "-A goldfield or mineral field as Mining Field. defined by the Principal Act. " Miner's Homestead" -Land cornprised in a miner's Miner's homestead lease. Homestead. "Miner's Homestead Lease"-Any miner"s home- Miner'8 stead lease granted under this Act or under Part Homestead VIII. of the Principal Act, or under any Act Le.ase. repealed by the Principal Act. " Qualified person"- (i.) A person who-- QUfLlified perS(lD. (n) Is a resident of the mining field in which the land in question is situated; and (b) Is not less than eighteen years of age; and ( c) Is not already the lessee of the maximum acreage of land which under this Act may be held by a lessee; and (d) If an alien, has obtained in the prescribed manner a certificate that he is able to read and write from dictation words in such language as the Minister may direct; or (ii.) An incorporated company or body corporate carrying on business on such mining field; or (iii.) If the land is to be used as a place of public worship or parsonage j any person or body corporate, whether resident on such mining field or not, desiring to hold the land for that purpose. 4. Part VIII. of the Principal Act is repealed: Repeal of Provided that all miners' homesteads which at the Part VIII. commencement of this Act are applied for, leased, occupied, used, or enjoyed under any prior enactment- (i.) Shall, unless this Act in any respect otherwise expressly provides, until the same are sur- rendered or resumed, or the existing title thereto. is otherwise determined, continue to be

5936 ss. 5, 6. PART 1.- PRELIMJNART. MINING. Miners' Homestf'ud Leases Act. 4 GEO. V. No. 14, subject to the provisions of such prior enact- ment in the same manner as if this Act had not been passed, and the owner thereof shall be entitled to all the privileges conferred on holders of such homesteads under this Act; (ii.) Shall, wit.hout prejudice to the provisions of the last preceding paragraph, as far as prac- ticable, be dealt with according to the pro- visions of this Act and, subject thereto, in accordance with the provisions of the prior enactment, which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof. PART II.- MINERS' HOMESTEAD PART n.-MINERS' HOMESTEAD LEASES. LEASES. Division I.- Power to grant lea8e~ . JJivision I.-Power to grant leases. 5. Subject to this Act, the Governor in Oouncil may Power to grant to any qualified person a lease, to be called a "miner's grant Jease~ . homestead lease," of any Crown land within the limits of a mining field. Area of land 6. (1.) No person may hold as a miner's honH'stead or b w e h l i e rh a.e m d a . y homestead~ , within the same mining Held, a greatt'r area than the following, whether held in one homestead or several homesteads, that is to ~ ay, - Within the boundaries of a' city, town, or town- ship-One acre. Not more than one mile from the nearest boundary of a city; town, or township-Twenty acres. More than one mile from the nearest boundary of a city, town, or township-Eighty acres or such greatpr area than eighty acres not exceeding six hundred and forty acres, or such Less area th:1n ei!..',hty acres, as the Governor in Council may by proclamati In declare to be the maximum area for hompsteads in any particular mining field or part of a mining field; and by such proclamation suitable areas as miners' com- mons may also he reserved or set aside. (2.) If no township has been duly constituted within a' mining field, the warden shall report to the Minister upon the necessity or otherwise of reserving a town site or town sites, and the boundaries thereof, before recommending the issue of any miner's homestead lease.

M1NING. ss. 7-9. 5937 1913. JJliners' Homestead Leases Act. PART rr. ~ MINERS' HOMESTEAD LEASES. No residence area or business area shall be granted Division I.- I , n .respec t 0 f any 1 an d SI .t ua t e d W ' l tl u ' n any t own SI 't e so Il" Paonwt e l r ea, to ~e8. reserved, saving all rights secured by clause twenty-seven of the Principal Act. 7. The boundaries of the land which may be held as Shape of a miner's homeste:l - -d lea C se sh . aH , be rectangular ' m and t a he yland bwehich length shall not exceed three hmes the breadth, and the leased. frontage to a road, river, or creek shall not exceed one-half the length of the land: Provided that- (a) The course of a river or creek may be taken as a boundary when convenient; and (b) When adherence to the prescribed shape would render the construction of any road difficult or impracticable, the boundaries rnay be surveyed to meet the requirements of the public in such mannet' as the M:inister may approve; and (0) When, owing to the position of adjoining boundaries or natural features, rectangular areas are not available, any intervening or irregularly shaped pieces of land may be applied for, J) t . m " SWn Il . - L an d ana ' l l ,a bl e b !! app Z 'U ' ]a t w ' n, D La iv n i d si a o v n ai I la I b . l - e , " by application. 8. (1.) Any qualIfied person who deSIres to obtam a Application miner's homestead lease of land which has not been set for miner's apar t f or app 1 l · Oa t I ' On b y t en d er or sa 1 e b yauc t' IOn as h ere ' lll- hleoamsee.stead after provided shall lodge an application in the prescribed 1898, s. 71. form at the warden's office, and shall describe in the application the boundaries of the land applied for and the position of the land. (2.) With the application the applicant shall deposit Rent and a t t . h e warden's 0 ffice the amount 0 f a year,s o.r 1 la If a sbuervdeeypofseietetdo, year's rent, at the rate hereinafter prescribeq, together 1898, s. 73. with the prescrihed survey fee, AIJplications made between the first day of January and the first day of July in each year shall be accompanied by a year's rent; applications made between the first day of July and the first day of .Tanuary, by half a year's rent, app1l· 9 C . anAt p o p r lIiuc. sataiounthsosrhI.saelld baegeinnt, daunpdlischaatlel, bseigdnueldy ebnytetrhede o E dfe n t t e r r y mm ~n a d tl . Oll . awnadr d neunm. bered consecutively in a register to be kept by the a1p8p9l8ic. . a s t . io7n4s..

5938 88.10-15. MINING. PART II.- MINERS' HOMESTEAD LEASES. ~ [ ine1' s' Homestead Leases Act. 4 GEO. V. No: 14, f! ~ ~ i: afz~ bk The warden shall hear all applications in the order of 111/ application. their numbers. If two or more applications are simultaneous, priority between the applicants shall be determined by lot. The warden or his clerk shall give a written receipt for every application, specifying such number and the time at which the same was lodged. Posting on land of application. 1!-l98, s.75. 10. The applicant shall, within forty-eight hours after lodging the application or such further time as the warden may fix, post in a conspicuous place on the larid applied for, and at the warden's office, a copy of the application; and such copy shall be kept so posted until the day of hearing the application by the warden. Objections. 1898, I. 76. 11. Any resident within the mining' field may, at any time before the. hearing of an application, lodge at the warden's, office a notice of objection to the application, specifying the grounds of objection. . Manner of disposing of application. 1898, s. 78. 12. Applications shall be heard by the warden, after personal inspection of the land by him or the receipt of a report by a surveyor, inspector of mines, or person approved by the warden. All applications and objections thereto shall be heard and determined in open court. Warden may 13. If the land applied for includes any claim or any alter. or .rejeot land in the authorised occupation of any person other ~ ~ g~ ~ : ~ 179: than the applicant, or if the granting of the application would, in the opinion of the warden, in any way interfere with mining or with the requirements of the public, the warden shall make such alterations in the area and boundaries of the land as seem advisable to him, or he may reject the application. If the land contains valuable improvements, he may impose a condition that the applicant shall pay the value of such improvements, to be fixed by the warden. Return of 14. If an application is rejected, the applicant shall rw B e u hn r e v tn e a y nfdee bane densutirtvleedy fteoe hreapvaeidthbey atmheouwnatrddeenpfoosrittehdwibthy. him as rent application rejected. 1898, s. 82. Priority in 15. If any person being the holder of .a miner's eertain case. homestead lease granted prior to the commencempnt of this Act shall, on or before the thirtieth day of April, one thousand nine hundred and fourteen, make application

MINING. ss. 16, 17. 5939 1913. Miners' Homestead Leases .&ot. PART II.- MnO:B8' HOHBSTEAD LEASES. under th I ' S Act for a m.me,r s homestead I ease comprI . s . mg D Lan i d v , i a s , , i ! o a n il I ~ I b . l - e the land included in his subsisting lease and adjoining byapplwatlOn. land, but not exceeding in the aggregate the area allowed by this Act to be comprised in n miner's homestead lease, he shall be entitled, in priority to all other applicants, to a grant to him of a miner's homestead lease of the land applied for by him subject to powers vested in the warden by this Act. If such applicati6n cornprises land included in any other application or applications by persons entitled to apply under this section, the warden shall hear and determine any questions arising between the applicants concerned, and shall determine the areas and shape of the lands to be allotted to the applicants concerned. Division Division III.-Land available by tender or at auction. LaJ~ ~ t. tiiablt 16. If the warden I • S of opm • l • On that land m • any part b a V t t a e u n o d t e io r n o . r for of the mining field, on account of its quality or for other Reservation SU ffi C · len t reason, shouId be se t apar t f or appIl'ca t' IOn as toefnldaenrdor sate. miners' homestead.leaRes by tender, or for sale as miners' homestead leases by auction, he shall, before recommend- ing the grant of any application for such land under Division n. of this Part, furnish the Minister with a report, together with a plan showing the position of the land, and if the land has not been surveyed shall mark o'n the plan the land which he considers should be so set apart and the area or areas which he considers most suitable for miners' ho:ru.csteads. He shall also recommend the minimum rent or upset price, as the case may be, to be notified for each such area. On receipt of such report, the Minister may, notwith- standing anything contained in Division n. of this Part, by notification in the Gazelle, set apart such land for application by tender or for sale by auction in the manner hereinafter prescribed, and may cause the land to be surveyed or designed into portions: Provided that no land shall he set apart for sale by auction under this Division which is situated outside the limits of a town sitp. 17. The Minister may, by notification in the Gazette, Notification of declare that land which has been surveyed or designed l; n~ l f r into portious, or any part thf'reof, is open for application : ;; t~at~o: r as miners' homestead leases by tender or for sale as te~ der or miners' homeste:ld leases by public auction as he thinks a~ c: i~ : . at

5940 s. 18. MINING. PART II.- MINERS' HOMESTEAD LEASES. .11Iiners' .Homestead Leases Act. 4 GEO. V. No. 14, ----- -------.- - ~ - - .- .. -~- .-~ -~- --- -- Dj; j~ ~ n advisable, and may at any time withdraw any such land La by ndtenavdaeirlaobrle from bein b 0' so open • .at auction. Land may be declared so open either as surveyed or designed miners' homestead leases: Provided that~ (a) Before land is declared to be so open as sur- veyed land, it shall be surveyed into portions of convenient size; (u) Before land is declared to be so open as designed land, the position of such land shall be indicated on a map or plan. In every case, where necessary, provision shall be made for roads and reserves. A plan of the land so surveyed or designed shall be exhibited at the warden's office. Thoemndeesrteinagds.for respe 1 c 8 t . to (1. l ) anTdhedefocllalorewdingto pbreovoispieonns fosrhaallppalipcpaltyionwiaths miners' homestead lenses by tender : - (2.) 'rhe notification shall declare- (a) The portions open for application and the time at which the applications will be heard by the warden, being not less than twenty-one days after the date of the notification; (b) The number of the portions, their respective areas, and the notified rent per acre in each case; ... (r:) The value to be paid for the improvements, if any, on the land. (3.) Applications shall be made only by qualified persons. All applications shall be for a portion, as specified in the notification. (4.) Every applicant shall with his application lodge a tender specifying an annual rent per acre, which shall be equal to or higher than the notified rent, but shall not comprise any fractional part of a penny other than one- fourth or a multiple cf one-fourth. (5.) Every tender so lodged shall be enclosed in an envelope addressed to the warden, and there shall be written on the face of the envelope the words "Tender for Miner's Homestead" and the number of the portion; and su?h statement shall be signed by the applicant or his a.uthorIsed agent.

MINING. s. 19. 5941 PAET II.- 1913. Miners' Bomesiead Lea8es Act. MINBRS' HOMESTEAD Lm"SES. Di1) l. ~ io1~ ean t (1 s 1 h .) a 11 A d t etphoes . lttimate to I l f e lowdgarindgent ' hseoaffpicpelicta h teioanmtohuenatp 0 p f lia- Labynd I te I u n I 7 d . 'a e ~ l r la o b r le year or half a year's notified rent, together with the at auction. prescribed survey fee. Applications made between the first day of January and the fin;t day of July shall be accompanied by a year's rent; applications made between the first day of July and the first day of January, by half a year's rent. (7.) Ail applications shall be dealt with at the same time by the warden in open court. The tender shall be treated as part of the application, and dealt with accordingly. (8.) 'rile warden, on opening each tender, shall declare the amount tendered, and shall endorse such amount on the application. (9.) '1'he applicant who has lodged the highest tender shall be the successful applicant, and the rent payable shall be the amount tendered by him. If two or more applicants have tendered the same amount, priority as between these applicants shall be determined by lot in the prescribed manner. (10.) The successful applicant shall forthwith pay to the warden the balance (if any) of the rent in accordance with his tender, otherwise his application shall forthwith be rejected. (11.) Every unsuccessful aplJlicant shall be entitled to have the amount of rent and survey fee deposited by him repaid by the warden forthwith, 19. (1.) The following provisions shall apply to sales ~ ale. by by public auction of miners' homestead leases :_ auctIOn. (2.) The notification shall declare- (Ct) The place and time of sale, being not less than twenty-one days after the date of the notifica- tion; (b) The numbers of the portions, and the area and upset price of each portion; (0) The value to be paid for the improvements, if any, on the land. (3.) The notification may- (a) Impose any special conditions with respect to the sale of any specified portion or portions;

5942 s.20. MINING. PART II.- MINERS' HOMESTEAD LEASES. Miners' Homestead Leases Ad. 4 GEO. V. No. 14, JJiviBion III.- Land available Irv tender or at a'UCtion. (b) Declare that any land therein mentioned which is not bid for or is not withdrawn from sale, either before or after offer at auction, shall be open for lease by the first applicant at the upset price and on such conditions as may be declared. (4.) The upset price of land within a city, town, or township shall not be less than five pounds per acre. (5.) Bidding shall be by capital sum, an<J. the person who makes the highest bid for a portion, not being less than the upset price, and forthwith pays one-thirtieth part of the sum bid by him for the portion (which shall be in satisfaction of the first year's rent), and also pays the prescribed survey fee, shall be declared the purchaser. (6.) Provided that- (a) No person shall be entitled to become a pur- chaser who is not a qualified person; (b) If two or more persons make simultaneous applications for a miner's homestead lease which, having been offered at auction and not sold, is open for lease at the upset price, the lease shall be again 'offered at auction to such applicants and to no other persons; and the provisions of the last preceding subsection shall apply. (7.) -F'or the purpose of this section the warden or other person authorised by the Minister may hold an a.uction sale without holding an auctioneer's license. JJiv';8ion IY.- Grant and conditi,m8 of Division IJT.-Grant alld conditions 0/ lease. lease. 20. The warden shall forward to the Minister all aApppplirooavtailono. f applications, or, if the land is sold at auction, particulars 1898, ss. 80, of the land and the name of the purchaser, together with 81. his report, and the Minister may recommend to the Governor in Council that the application or purchase be approved. No application or purchase shall be so recommended unless the warden reports that he is satistied that such application or purchase is made in good faith. Upon approval' by the Governor in Council of the application or purchase, the warden shall, if the land has not been surveyed, instruct the mining surveyor or an authorised surveyor to survey the same, and on receipt of the plans shall forward them to the Minister with his report thereon:

MINING. s. 21. 5948 1918. .1.lfiners' Homl'stead Leases Act. PART II.- MINERS' HOMESTEAD LEASES. Provided that any application or purchase.so approved D~ ~~: ~~­ before the land has been surveyed shall be deemed to be eonditionB 01 approved subject to the land being found to be available lea8e. after the survey has been made. 21. (1.) Notice of the approval by the Governor in Occupation of Council of the application or purchase shall be given to l~ ~~ 83 the applicant or· purchaser, who shall thereupon be at ,11.. liberty to enter upon and occupy the land, and shall- (a) If the area does not exceed twenty acres, within six months after the date of the notice, if the Minister has by the notification declared that the condition of residence shall apply, occupy the land by the continuous and bona fide resi- _ dence on the land of himself or some qualified person, and in all cases within the said time make improvements on the land of a value of not less than twenty-five pounds where the land is situated within the boundaries of a city, town, or township, and of a value of not less than fifty pounds where the land is situated outside such boundaries; (b) If the area exceeds twenty acres, within six months after the date of the notice, occupy the land by the continuous and bona .fide residence on the land of himself or some qualified person, and, within twelve months after the date of the notice, enclose the land with a good and sub- stantial fence or make substantial improve- ments on the land of a value equal to the cost of such fence: Provided that on good cause being shown the Minister may extend the time for the performance of the foregoing conditions on such terms as he thinks .fit. (2.) The applicant or purchaser shaH notify the warden within the time herein specified, or such extended time as may have been approved, when he has entered upon and o~cupied the land or when he has fenced the land or made improvements in the manner prescribed, and the warden or some person deputed by him shall inspect the land. . (3.) If the applicant or purchaser fails to comply with this section- (a) He shall be deemed to have abandoned the land, and shall cease to have any interest therein;

.5944 s.22. PART II.- MINERS' HOMESTEAD LEASES. Division IV.- Grant and conditions of lease. MINING. Miners' Homestead Leases Aet. 4 GEO. V. No. 14, (b) He shall not be entitled to a return of any moneys paid by him as rent or survey fee; and (c) The land may be dealt with as unoccupied Crown land. (4.) In the case of two or more contiguous miners' homesteads the aggregate area of which does not exceed six hundred and foety acres, and which are held by members of the same family, the enclosure by one fence of the whole area comprised in the several homesteads shaH, so far as the value of such fence extends, be deemed to be a performance of the obligations of each holder in respect of improvements under this section, or the pre- scribed improvements may be made on any part of the area comprised in the contiguous homesteads. (5.) If there are upon the land any improvements the value whereof is payable by. the applicant or purchaser, payment by him of such valUe shall be deemed a per- formance of his obligation with respect to improvements so far as such value extends. ~ ssue of lease. (6.) On receipt by the Minister of a report from the warden that" the conditions of this section have been complkd with, the applicant or purchaser shall be entitled to a miner's homestead lease of the land, and such lease may thereupon be issued. Maintaining 22. (1.) A miner's homestead lease shall be a lease in aimndprroevseidmeennctes perpe t UI 't Y ' , an( ·1 is ] 11 It 1 1 )e u ' ee I mec t 0 commence on tlle d a t e on land. of the appJ'oval of the application or purchase. The lessee Slhall, during the first period of thirty years- (a) Keep the prescribed fence;;; or improvements on the land in good order; (b) Keep the land clear of noxious weeds and plants; and (c) In all cases where the condition of residence applies, occupy the land by the residence thereon of himself or some qualified person: Provided that the Minister may grant exemption from the condition of occupation prescribed in paragraph (c) hereof for such time and on such terms as he thinks fit. (2.) 'fhe lease may contain such reservations and stipulations with respect to the light to cut or destroy timber on the land, whether by the lessee or any person mining thereon, as the Minister thinks fit to impose.

MINING. ss. 23, 24. 5945 PAR'rII•.,.... 1913. Miners' Homestead Leases Act. MINERS' BOMIIS'rEAD LEASES. 23 (1.) The annua1 ren t reserved by a mI.ne,r s Di G v r i a 8 ! i , o ~ n an I d V.- homestead lease shall, during the first period of thirty cont~: e~' of years, be- Rent. (a) In the case of a lease set apart to be sold 18~ 8, s. 84. and sold by auction, one-thirtieth part of the purchase price; (b) In the case of a lease obtained by tender, at the rate specified in the tender; (0) In all other cases, at the rate of one shilling per acre for each acre or part of an aCl'e up to forty acres; if the area exceeds forty acres at· the rate of one shilling' per acre for the first forty acres and six pence for each acre or part of an acre in excess of forty acres up to eighty acres; if the area exceeds eighty acres, such rent as the Ministel' may fix. But the rent for any area shall not be less than five shillings per annum. (2.) After the expiration of such period, the annual rent. shall be One shilling and no more, if demanded. (3.) A lessee may at any time or times pay in advance the rent reservt'd in his lease for the whole or any portion not being less than one year of such period. 24. (1.) }{ent and other payments due to the Crown Manner of under this Act shall be payable to the warden of the paying r~ nt! . mI.ll,Ing fieId I.n w h 1 ' 0 I 1 the mI.ner' R homest ead'IS SI' tunt ed. dPtelfn.. aulltty. In (2.) Bent shall be payable on or before the thirty.first 1898,8.86. day of December in respect of the year next ensuing. (3.) The rent reserved, with any accrued penalties in respect of arrears of rent, shall be a debt due to His Majesty. (4.) If default is made by the lessee in the payment of rent, the lease shall at. the option of the Crown be forfeited. But such forfeiture may be defeated by the payment within ninety days of the full amount of rent, together with such sum added by way of penalty as the Minister may impose. If the full amount of rent, together with the penalty, is not paid on or before the thirty-first day of March, the lease shall at the option of the Crown, without any inquiry or other process, be forfeited: Provided that the Minister may waive the forfeiture, and reinstate the lessee on pay- ment of the arrears of rent due and the accrued penalty.

5946 PART III.- GENERAL PROVISIONS. ss. 25-28. MINING. Miners' Homestead Leases Act. 4 GEO. V. No. 14, PAR'r IlI.-GENEHAL PROVISlONS. ChwoohminCde' histtieoands on Mini 2 st 5 er . , a (1 f . t ) erAthleessiseseuemoafy,hiswlietahset, hseubalpetprtohvealwhooflethoer maybe sublet. any part of his miner's homestead, subject to the following conditions :- (a) The sublessee shall be a qualified person; (b) 'rhe sublease shall be in writing, and in dupli- cate, and one copy thereof shall be registered at the warden's office. (2.) If the sublessee of the whole of a miner's home- stead exceeding in area five acres does not occupy the land by the residence thereon of himself or some qualified person, the lessee shall be deemed to have committed a breach of condition. Transfer of miner's homestead lease. 1898, s. 87. 26. A miner's homestead lease, or an application therefor, may be transferred by the lessee signing an instrument of transfer in the prescribed form and paying a fee of ten shillings. But during thf' first period of thirty years of the lease no such transfer shall have any effect unless or until it has been approved by the Minister. Every transfer shall be entered in a book to be kept for that purpose, and the warden or other officer of the Mines Department authorised by the Mini"ter shall endorse a certificate of transfer upon the back 0'£ the lease: Provided that the transferee shall be a qualified pp,rson. The transferee shall be liable to all the obligations of a~ s~ e. . Transfer by sheriff when lease taken in execution and sold. 1898, s. 88. 27. When a miner's homestead lease is taken in execution under the judgment of a court of competent jurisdiction and sold, the sheriff or other proper officer shall execute a transfer of the lease to the purchaser at such sale; and upon production of the transfer at the warden's office and payment of a fee of ten shillings, the lease shall be transferred to such purchaser accordingly: Provided that the purchaser shall be a qualified person. Subdivision of 28. Any lessee may, with the approval of the Minister : ~ e: ; : ead. and upon p'lyment of the fee of ten shillings, transfer any part of the lease, not being less than one quarter of an acre in area if such homestead is within a city, town, or town- ship, and in any other case not being less than such area as the Mini8ter may approve, to any qualified person. The application for approval shall be accompanied by correct plans and descriptions showing the proposed

1913. MINING. Miners' Homestead Leases Act. s.29. 5947 PART III.- GENERAL PROVISIONS. division of the miner's homestead, and certified by the mining surveyor or an authorised surveyor. An endorsement shall be made on the original lease showing' the portion so transferred, and the transferee shall be entitled to a fl'esh lease of such portion. The rent of the portion so transferred shall, during the residue of the first period of thirty years of the original leas,e, be at the same rate as that reserved under the original lease; and after the. expiration of that period the rent shall be one shilling, and no more, if demanded. During the residue of the said period the original lessee shall be entitled to a proportionate reduction of rent in respect of the portion so transferred. 29. (1.) 'fhe following provisions shall apply to Mortgages. mortgages of miners' homesteads. 1898, s. 90. (2.) A miner's homestead may be charged or made :security for the payment of a sum of money. (3.) "Vhen it is intended to be so charged, tlle lessee shall execute a memorandum of mortgage in the fGrm in the Schedule to this Act or to the like effect. [Schedule.] The memorandum shall be in duplicate, and one '0riginal shall be registered in tbe warden's office. Jn the event of several mortgages of the same niiner's bomestead, they shall take effect according to priority of such registration. A fee ~f five shillings shall bl:: payable upon every :such registration. (4.) A mortgage may be transferred on payment of a fee of five shillings for registration of the transfer. (5.) A memorandum of mortgage shall have effect Effect of only as a security for the sum of money intended to be ~ ~~ gag~ 'l secured by it, and shall not take effect as an assignment's. . of the lease. r:J:he mortgage shall cover all buildings and improvements of the lessee upon the land, whether affixed to the soil or not. (6.) If default is made in the payment of the money Rights of secured by the mortgage according to its tenour, or upon rsorJgag~e. the happening of any event which according to the terms 9, s. 2. of the mortgage entitles the mortgagee so to do, he may- (L) Enter upon and take and retain possession of the miner's homestead for any period not exceeding one year, or for such further period not exceeding one year as the warden may in any case allow;

5948 PAR'l IlI.- GENERAL PROVISIONS. s. 30, 31. MINING. Miners' Homestead Leases Act. 4 GEO. Y. No. 14, (ii.) Sell the miner's homestead lease by public auction to a qualified person after not less than thirty days' .notice of the intended sale published in the Gazette and some newspaper generally circulating in the mining field, or, if he is unable to obtain by such auction a sum sufficient to payor discharge the debt or liability then due to him, sell such lease to a qualified person by private contract: Provided that- (a) The mortgagee, if he is a qualified person,. shall at such auction be at liberty to bid for- and purchase such lease. (b) If after sale there remains a balance of purchase money, the mortgagee shall file at the warden's office a statement of accounts, and shall pay such balance into the hands of' the warden on behalf of the persons interested-that is to say" to be paid to the mortgagor, or, if there are any othpr mortgagees, to be paid to them in order of production of the mortgages for regis-- tration. Transfer on (7.) Upon a sale under the power of sale hereby 1sa8l9e8. , s. 93. conferred, the mortgagee may transfer such lease to the purchaser in manner hereinbefore prl'scribed, and the transfer shall be registered in the warden's offi~ e upon payment of the fee of ten shillings. ' Morrgal(ee to (S.) This section does not apply in the case of any ABagnrikc,u & lt c u . r , al miner's homestead mortgaged under "The Agri( ~ ultural protected. Bank Act I UU1lsolidatf'ft) of 19l1"* or "The TPorkers'" Dwellings A.ct of 1909."t Forfeiture for 30. (1.) Lands acquired by any evasion of or fraud fraud, &0. upon this Act shall be liable to be forfeited. Forfeiture for (2.) Upon the breach of any of the conditions to ~ ~ ! ~ ~~ Oo: 8. which a miner's homestead lease is subject, or in any case where any land is held in violation of this Act, or upon any mortgage, subletting, transft'r, or assignment which is contrary to this Act, whether by operation of law or- otherwise, the lease shall be liable to be forfeited. Non-payment 31. (1.) Forfeiture of a miner's homestead lC1se for of rent. non-payment of rent shall ensue in accordance with the provisions hereinbefore set forth. " 1 Edw. VIr. No, 24 and amending Acts, printed as consolidated, supra, page 5279_ t 9 Edw. VII, No 10, supra, page 1339,

MINING. ss. 32-34. 5949 19]3. ]lJiJ/prs' Homestead Leases Act. ------ ' ~- --- -- PART III.- GENERAL PRovrSIONS. (2.) The acceptance by or on behalf of the Crown Acceptance of of any rent or other payment under any lease shall not be ~ ~ ~ ~ ~ t no held to operate, after the commencement of this Act, as a waiver by the Crown of any forfeiture or liability to forfeiture incurred. ' 32. If at any time the warden has reason to believe Homesteads, that a miner's homestead lease is liable to be forfeited for how forfeited. any cause other than the non-payment of rent, he shall cause to be served upon the lessee, either personally or by posting it addressed to him at the homestead, a notice in writing specifying the alleged cause of forfeiture, and calling upon the lessee to appear upon the llearing of the matter at the sitting of the 'warden's court held next after the expiration of thirty days ftom the service of the notice. The warden shall proceed to hear the matter at the said sitting of his court or at some adjournment thereof, and shall forward the evidence with his report and recommendation to the Minister, who, if satisfied that liability to forfeiture has been established, may recommend that the lease be forfeited, and such forfeiture may be declared by the Governor in Council. 33. Every forfeiture of land under this Act for anv Forfeitures to cause s h a 11 b e no t 1 'fied b y tl le 1 ~ v i" mIster I.II tlle G aze tt e, an "d tbheen G ot a if z i e e t d te i . n ' shall take effect from the date of the notification. . 34. If a miner's homestead lease of any land is Co~sequenoe determined by forfeiture or other cause'- ~ ~ :~ ~~e:ture (i.) TbheecomlaendCrsohwalnl larenvde, rat ndto mHayis b eMa cl jeeas 1 ttyWaI . ntd h dopefrlteeemla'msaetm, uar & et 0 l.O . n accordingly, and the late lessee shall not be entitled to the return of any moneys paid by him as rent or survey fee or otherwise howsoever. (ii.) If there are upon the land any improvements, such improvements shall, as from the date when such forfeiture takes effect, be deemed to be vested in t,he Crown; but the late lessee shall be entitled to receive the value of such improvements which is received by the Crown from an incoming lessee or purchaser, after the amount of all money due by the late lessee to the Crown on any account'whatsoever has b,een deducted, I

5950 PART III.- GENERAL PROVISIONS, s.35. MINING. ~ finers' Homestead Leases Act. 4 Gm. V. No. 14, Right of miners preserved. 1898, •• 94.. 35. (1.) Any holder of a miner's right may apply for and take up for mining purposes, in accordance with the Principal Act, any land comprised in a miner's home- stead. He may mark oft' the claim or land to which he is entitled, and obtain registration thereof in the samEl manner as if the land were unoccupied Crown land. But no residence area or business area may be acquired or held thereon. (2.) A mining lease may be granted in accordance with the Principal Act of land comprised in a miner's homestead. (3.) When land comprised in a miner's homestead is taken up for mining purposes, or is included in a mining lease, the person entitled to mine shall be entitled to erect buildings, sink shafts, and carry on all necessary mining operations upon the surface of the land so held by him, and shall also be entitled to access thereto through the residue of the miner's homestead. ' (4.) When any part of the surface is appropriated for mining purposes under this section, the lessee of the miner's homestead shall be entitled to a proportional reduction in the animal rent payable by him. Compensation (5.) When land comprised in a miner's homestead is 1 to 89 le 8 s , s I e . e. 95. taken up for mining purposes or is included in a mining lease, the lessee of the miner's homestead may call upon the warden to assess the value of the damage likely to be done to any improvements upon such homestead, and the warden shall thereupon require the miner to deposit in his han<ij; the amount of the damage which the working is likely to do to such improvements, and until such deposit is made the miner shall not be entitled to work upon the land. ' Upon receipt of such deposit, the warden shall hold the same as security to be paid either wholly or in part to the lessee if he sustains any damage as aforesaid, or to be returned to the miner on his leaving the land if he does no damage. In assessing such damage the warden's decision shall be final; only actual damage to improvements shall be taken into account, and no compensation shall be allowed ,for the value of the land or the lessee's interest therein. When a lessee has, either before or after the com· mencement of this Act, received any money by way of compensation for damage to improvem~ nts, he shall not afterwards be entitled to claim compensation in respect of

1913. M£NING. 1I1iner// lIomestead Lease. ~ Act. ss. 36-39. 5951· PART III.- GENERAL PROVISIONS. the same improvements, but shall be entitled to claim for damage to any additions made to them after the time when he received such compensation. 36. If a miner bas put up any building or other Pl'otectionof erection, or sunk a shaft upon land comprised in a miner's I ~ m nil p 1 r i o n v g e- homestead and afterwards leaves the land, the lessee shall ments. not remove or destroy or injure such building, erection, or 1898, s. 97. shaft without the sanction of the warden. Any lessee who contravenes this section shall be liable to a penalty not exceeding one hundred pounds. . 37. Notwithstanding anything to the contrary con- Resumption. tained in this Act, the Governor in Oouncil may, a.t any 1898, s. 98. time after six months' notice to the lessee, resume the whole' or any part of a miner's homestead which is not then mortgaged under "The AgricuUural Bank Act (Oonsolidated) of 1911"* or "The Workers' Dwellings Act ol1909."t Upon any such resumption the lessee shall be entitled Oompensa- to compensation for improvements, and the amount oft ion. such compensation shall be determined by the warden as sole arbitrator. 38. "l1Jw Fencing Act of 1861 "t and" The Fencing Fencing.Acts r Act of 1861 ExtensiMb Act of 1897 "§ shall apply to all pp1y to d miners' homesteads. :Por the purposes of the said Acts ; ~ ~~ S!~ ~ 9~ ' the lessee shall be deemed the owner, and the granting of the lease shall be deemed an alienation of the land. 39. In the case of the death of a lessee, the Minister Transmission. may, if satisfied that- (a) A will has been left by him, and no probate of such will, or no administration with such will annexed, has been taken out within six months after his death; or (b) No will has been left by him, and no adminis- tration of his estate has been taken out within such time; and (()) The value of his estate is not sufficient to justify the expense of taking out such probate or administration, cause transmission of the miner'·s homestead lease to be . entered up by the warden and by the Department of Mines * 1 Edw. VII. No. 24 and amending Acts, printed as consolidated, supra, page 5279. t 9 Edw. VII. No. 10, 8"p,'a, page 1339. :t 25 Vie. No. 12, supra, page 753. § 61 Vie. No. 9, supra, page 757.

5952 l' A~ T III.- Gl'Nl'RAL PBOVISIONS. ss. 40, 41. MINl.NG. Miners' Homestead Leases Act. 4 GEO. V. No. 14,1913. in favour of the person or persons ,,yho would have been entitled, upon the grant of such probate or administration, to be entered up as the lessee or lessees. 'l'hereupon such person or IJersons shall have all the rights, powers, and liabilities in respect of such lease as if probate or administration of the estate of the deceased person had been granted to him or them. Regulations. 40. r.I'he Governor in Council may from time to time make Regulations for carrying this Act into effect. * In such Regulations provision shall be made for the examination and granting to aliens certificates of ability to read and write from dictation words in the language directed by the Minister, and for the exemption from such dictation test of any person or classes of persons whom from any reason it is not considered necessary to examine. The provisions of the Principal Act relating to Regu- lations .shall apply to Regulations made under this Act.' Treaty rights 41. t N othin~ herein contained shall .prejudice the reserved. rights of any of the subjects of a foreign Power between which and the United Kingdom of Great Britain and Ireland there is now subsisting, or shall hereafter subsist, any treaty of commerce whereby reciprocal civil rights of . the subjects of such treaty Powers are reserved, granted, or declared. and to which treaty the State of Queensland has acceded Ol'shall hereafter accede. [Sec section 29.J SCHEDULE. ME~ IOllANDU~ I OF MORTGAGE. I, A.B., of , heing Ihe regiRtel'ed lessee of [descf'ibcthe home- stN!d and numher nf th~ ease) under" The Llfinfrs' Homestead Leases A.ct of 1913," in consideration 01 the sum of lent to me by [or due by me toJ C.D., of , herf·by mortgage to him the said minf'r's home- stead, wit.h all buildings alld improvements thereoD. And I do hereby covenant and filo(ree with the said C.D. that I will pay him the said sum on [here inSf!1·t dfl.1/ appointed for pflyment, COl enwnt for pa: l/ m~ nt of interest, and such other cO/'enanfs as ma.1/ be a.qrFed upon]. And in default of pf'rforrnance, on my part, of the aboVe covenants, or any of them, I authori.e the said C.D. to seU the @aid lease in accordance with the provisions of the said Act. In witness whereof I have hereto sign~ d my name, this of ,19. day Signed by the abovenamed ·A.B. as mortgagor,] this day of , 19. , in my presence. . E.F. .. Paragraph inserted by section t (1) of the Amendment Act of 1913. t Section 41 inserted by section 2 (2) of the Amendment Act of 1913.