Mining Act 1906 (NSW)
Act No . 49, 1906.
A n A c t to consol idate and amend the law relat ing to m i n i n g ; to g i v e
further facil it ies
for the
d e v e l o p m e n t of m i n i n g ; to amend the Crown
Lands A c t of 1884 and A c t s a m e n d i n g the
same ; and for other purposes . [28th Decem ber, 1906.]
BE it enac ted by the K i n g ' s Most t he advice and consent of t he Legis la t ive Counci l and Legis la
Exce l l en t Majes ty , by and wi th
t ive Assembly of N e w South Wales in P a r l i a m e n t assembled, and by the au tho r i t y of t he same, as follows :—
P A R T I . P R E L I M I N A R Y .
Short title.
1. This A c t shall come in to operat ion on a da te to be fixed by
proc lamat ion b y t h e Governor , and m a y be cited as t he " M i n i n g Ac t , 1 9 0 6 , " a n d is divided in to Pa r t s , as follows :—
P A R T I . — P R E L I M I N A R Y — s s . 1-8. P A R T
T A R T I I . — M I N E R ' S E I G H T S AND BUSINESS L I C E N S E S — s s . 9 - 2 2 .
1. Issue and transfer—ss. 9 - 1 3 . 2 . Occupation—ss. 1 4 - 1 8 . 3 . Registration—s. 1 9 .
4 . Miscellaneous provisions—ss. 2 0 - 2 2 .
P A R T I I I . — L E A S E S OE C R O W N L A N D S — s s . 2 3 - 1 4 .
1. What leases may be granted—ss. 2 3 , 2 4 .
2 . Applications—ss. 2 5 - 3 4 . 3 . Conditions—ss. 3 5 - 3 9 .
4 . Special leases—s. 4 0 .
5 . Minerals not included in lease—ss. 4 1 - 4 3 .
0 . Ownership of tailings and ore—s. 4 4 .
P A R T I V . — M I N I N G ON P R I V A T E L A N D S — s s . 4 5 - 8 3 .
1 . Preliminary—ss. 4 5 - 4 8 .
2 . Authority to enter—ss. 4 9 - 5 0 . 3 . Leases—ss. 5 7 — 6 7 - 4'. Mining by owner—ss. 6 8 - 7 0 .
5 . Resumption—ss. 7 1 - 8 1 .
0. General provisions—ss. 8 2 , 8 3 .
P A R T V . — D R E D G I N G L E A S E S — S S . 8 4 - 1 0 3 .
P A R T V I . — T E N E M E N T S A N D LEASES G E N E R A L L Y — s s . 1 0 4 - 1 3 0 . P A R T V I L — W A R D E N S ' COURTS—SS. 1 3 1 - 1 6 0 .
1 . Jurisdiction—ss. 1 3 1 - 1 3 7 .
2 . Hearing and procedure—ss. 1 3 8 - 1 4 3 . 3 . Orders—ss. 1 4 1 - 1 4 9 .
4 . Execution—ss. 1 5 0 - 1 5 4 .
5 . Assessment of compensation—ss. 1 5 5 - 1 0 0 .
P A R T V I I I . — A P P E A L S — s s . 1 6 1 - 1 7 6 .
1. To District Court—ss. 1 6 1 - 1 6 7 . 2 . To Supreme Court—ss. 1 6 8 - 1 7 6 .
P A R T I X . — G E N E R A L P R O V I S I O N S — S S . 1 7 7 - 1 8 3 .
P A R T X . — R E G U L A T I O N S AND R U L E S — s s . 1 S 4 - 1 8 6 .
P A R T X L — P E N A L T I E S — s s . 1 8 7 - 1 9 8 . Repeal.
2. ( 1 ) The Acts ment ioned in t he F i r s t Schedule are to the
| ex t en t the re in expressed | repealed. |
( 2 ) Persons appoin ted u n d e r any A c t hereby repealed, and
hold ing office a t t h e commencemen t of th is Ac t , shall be deemed
to have been appoin ted hereunder .
( 3 ) Ru les , regulat ions , proclamat ions , and notifications m a d e
| under any A c t hereby repealed, and being in force a t the | commencemen t |
of
of th is Ac t , shall be deemed to have been made hereunder , and any references the re in to any enac tmen t s hereby repealed shall be construed as references to the corresponding provisions of this Ac t .
( 4 ) Appl ica t ions pend ing a t t he c o m m e n c e m e n t of th is A c t
shall , except as hereinaf ter provided, be deal t wi th in accordance wi th t h e provisions of t he Acts hereby repealed and the regula t ions thereunder .
(5) Miner ' s r igh ts , minera l licenses, business licenses, leases,
and author i t ies issued under a n y A c t hereby repealed and in force a t the c o m m e n c e m e n t of th is Ac t shall, except as here inaf ter in th is A c t provided, cont inue in force for t h e respective periods named there in and confer t h e same r igh ts and privileges, and enta i l t h e same obligations and penal t ies , as if th i s Ac t had not passed ; and every r igh t , t i t le , and in teres t acqui red u n d e r and by v i r tue thereof shal l r ema in and con t inue valid subject to t h e l imi ta t ions contained therein : Provided t h a t wi th respect to any gold-mining lease of Crown lands so issued a n d in force the a n n u a l ren t per acre shal l be live shil l ings, and the t e r m for which such lease was g ran t ed is ex tended a fu r the r period of five years .
(6) E v e r y gold-field, m in ing distr ict , and division exis t ing a t
the c o m m e n c e m e n t of this Act shall con t inue as t h e n cons t i tu ted , un t i l
deal t wi th by proc lamat ion u n d e r th is Act . Interpretation.
3. I n this Act , unless t he con tex t or subjec t -mat te r o therwise
ind ica tes ,—
" A d j o i n i n g " as appl icable to c la ims or leases means t h a t t he lands comprised in such claims or leases have a common
boundary , or a re only separated by a road or s t ream.
" B u s i n e s s " means profession, t rade , cal l ing, or occupat ion ,
except min ing .
" Claim " means a port ion of Crown land lawfully t a k e n possession of for the purpose of min ing , or any n u m b e r of such por t ions
lawfully a m a l g a m a t e d by the ho lde r s : b u t docs no t inc lude
land comprised in a m i n i n g lease or lease for m i n i n g purposes .
" Crown l ands , " except for t h e purpose of P a r t V, means lands vested in His Majesty, and inc ludes—
(a)
lands under lease from the Crown except as hereinafter p rov ided ;
(b)
lands reserved, dedicated, appropriated, or resumed for public purposes, whe the r vested in H i s Majesty or in any person
as cons t ruc t ing au thor i ty or t rus tee for publ ic pu rposes ; (c) lands under any navigable waters, or under any harbour,
es tuary , bay , river, or creek vested in H i s Majesty, whe the r
nav igab le or n o t ; and (d) lands which the Governor may declare by proclamation to
be Crown lands ; b u t
b u t does no t inc lude—
(e)
lands alienated or in process of alienation from the Crown, or lawfully cont rac ted to be granted by the Crown ; or
(f) lands subject to a condit ional lease, condi t ional purchase
lease, or lease unde r th i s A c t ;
(g) condit ional purchases or homestead selections.
" Crown L a n d s Acts " means Crown Lands Ac t of 1884, the W e s t e r n Lands A c t of 1901, and the Acts amend ing the same. " E a r t h " means rock, stone, quar tz , clay, sand, soil, or minera l .
" Gold " means gold, or ear th conta in ing gold, or h a v i n g gold
mixed in t he substance thereof, or set apar t for t he purpose
of ex t rac t ing gold therefrom.
" Gold-field " means lands heretofore or hereafter proclaimed a
gold-field.
" J u s t i c e " means jus t ice of the peace, and includes a s t ipendiary
or police magis t ra te .
" M i n e " includes any place, pi t , shaft, drive, level, or other
excavat ion, drift, gut ter , lead, vein, lode, or reef, whereon,wherein, or whereby any operation for or in connect ion wi th
m i n i n g purposes is carried on.
" Mineral field " means lands cons t i tu ted a minera l field u n d e r
this Act .
" M i n e r a l s " means silver, copper, t in , iron, an t imony , c innabar ,
galena, nickel , cobalt , p l a t inum, b i s m u t h , manganese , marb le , kaolin, minera l p igments , mercu ry , lead, wolfram, coal, shale, scheelite, chromite , opal, turquoise , diamond, ruby , sapphire , emerald, zircon, apat i te and o ther phosphates , serpentine, molybdeni te , a lun i te and a lum, bary tes , asbestos, gypsum, minera l oils, monazi te , and any other substance which may from t ime to t ime be declared a " m i n e r a l " wi th in t he mean ing of this Ac t by proclamat ion of t he Governor publ ished
in t he Gazet te .
" M i n i n g Appeal Cour t " means Dis t r ic t Cour t s i t t ing as a cour t
of appeal u n d e r th is Ac t .
" Min ing purpose " includes c u t t i n g and cons t ruc t ing any tunne l , water-race, drain, dam or reservoir , or cons t ruc t ing any ra i lway or t r a m w a y , or laying any pipes for t h e purpose of min ing , e rec t ing bui ldings and m a c h i n e r y to be used for any process whatsoever in connect ion wi th t he ex t rac t ing of gold or minerals , p u m p i n g or rais ing water to or from land mined or worked or in tended to be worked for t he ex t rac t ion of gold or minera ls therefrom, t r e a t m e n t of tai l ings on abandoned land, and a n y other work which the Governor may by proclamat ion declare to be a min ing purpose.
" M i n i n g s u r v e y o r " means licensed surveyor specially appointed
to carry out surveys u n d e r this Act . " Minis te r "
" M i n i s t e r " means Secretary for Mines . " Notif icat ion " means notification in t he Gazet te .
" P resc r ibed" means prescribed by this A c t or the regula t ions .
" P roc lamat ion " means proc lamat ion in t he Gazet te .
" P r o s p e c t i n g b o a r d " means Board appointed to adminis ter t h e
Prospec t ing Vote .
" P a c e " includes any artificial channel , f lume, aqueduc t , t unne l ,
culvert , or pipe for t he conveyance of water or de t r i tus .
" R i v e r " includes a f rontage creek, or any s t ream of water , w h e t h e r perennia l or in t e rmi t t en t , flowing in a na tu r a l channe l n o t inc luded in a deed of g ran t or embraced in an area in process
of al ienation.
" Schedule " means schedule to this A c t .
" Small coal " means coal w h i c h will pass t h r o u g h a screen the bars of which arc not more t han three-quar te rs of a n inch
apar t .
" T e n e m e n t " means land lawfully occupied unde r a miner ' s r i g h t or business license.
" The regula t ions " means the regula t ions made unde r th is Ac t or any A c t hereby repealed.
" T h e S t a t e " means the S ta te of N e w Sou th W a l e s . " T h e warden " includes any warden appoin ted unde r this Act .
" T o m i n e " means to d is turb , remove, car t , car ry , wash, sift, smelt , refine, crush, or otherwise deal wi th any ear th by any mode or me thod for the purpose of ob ta in ing gold or minera ls therefrom.
" To prospect " means to search for gold or any minera l .
" Town or vil lage " means ci ty, town, or village, or site for a city,town, or village, and s u b u r b a n lands to be a t tached there to , declared, proclaimed, reserved, or set apa r t under the Crown L a n d s A c t s ; and includes any township site for a m i n i n g
se t t l ement which t h e Minis te r m a y notify in t he Gazet te .
Department of Mines, school, and museum of mines.
4. (1) The Governor may establish and ma in t a in in connect ion wi th t he D e p a r t m e n t of Mines , schools of mines and m u s e u m s for t h e purpose of providing ins t ruc t ion by means of classes, lec tures , or otherwise i n geology, minera logy, and chemis t ry , in t he i r
scientific and pract ical appl icat ion to m i n i n g pursui t s , and may also establ ish and m a i n t a i n offices for the assaying of minera l ores. H e m a y appoint such professors and readers i n any of the said sciences, and such assayers, curators , keepers , and servants as may , in his opinion, be requis i te to give effect to the provisions of th is section.
(2) Such schools, m u s e u m s , and offices, and the staffs thereof,
shal l be u n d e r t he control and m a n a g e m e n t of t he Minis ter .
(3)
(3) Provided t h a t if t he Governor t h i n k s i t desirable t h a t
any school or m u s e u m should be managed in connect ion w i t h t he Unive r s i ty of Sydney, and so proclaims, the same shall , so long as such connect ion cont inues , be unde r the control and m a n a g e m e n t of t h e Senate of t he Univers i ty , and such Senate shall in t h a t case appoin t such professors and readers and other persons as aforesaid as m a y be required.
(4) This section shall apply to t h e school of mines, m u s e u m ,
and assay offices established a t t he commencemen t of th is Act , as if
t hey had been established unde r th is section.
Gold and mineral fields, mining districts, and divisions.
5. (1) The Governor , by proc lamat ion , on t h e recommenda t ion
| of t h e Minis ter , m a y cons t i tu te | any lands as a gold-field or minera l |
field, and m a y fix and al ter the n a m e and boundar ies thereof.
(2) I n l ike manne r , min ing distr icts and divisions of m i n i n g
distr icts may be const i tu ted, and the i r names and boundar ies fixed
| and | al tered. |
(3) The proclamat ion of any gold-field, mine ra l field, m i n i n g
| district , | or division, w h e t h e r | made | unde r | t h e | M i n i n g | Act , | 1874, | or |
| th is Ac t , m a y be varied | or cancelled | in l ike m a n n e r | by a subsequen t |
| proc lamat ion . |
Officers.
6. (1) The Governor may appoin t so m a n y wardens , reg is t ra rs ,
m i n i n g surveyors, m i n i n g engineers , m in ing appraisers, clerks, bailiffs, assis tants , and o ther officers as he may t h i n k necessary for t he adminis
| t ra t ion of | th is | Act . |
(2) The persons so appointed shall have t he powers and perform the dut ies prescribed by t h e regula t ions in addi t ion to any powers and dut ies specified in th is Act .
(3) Every warden so appointed shall be a warden for t he
| whole | S ta te . |
7. The Min i s te r shall not , nor shall a n y warden , registrar ,
surveyor, engineer , or o ther officer charged wi th any judicia l or official dut ies unde r th is Act du r ing his t enu re of office, hold ei ther direct ly
| or | indi rec t ly any beneficial | in te res t | in any min ing | t e n e m e n t or lease |
| or | o ther m i n i n g ven tu re in the | Sta te , and if, whi le | ho ld ing | such |
interest , he acts in his office he shall be gui l ty of a misdemeanour .
Royal prerogative.
8. N o t h i n g in th is Act , except so far as is here in expressly enacted, shal l abr idge or control t he prerogat ive r igh t s and powers of H i s Majes ty in respect to gold mines and silver mines .
P A R T
P A R T I I .
M I N E R S ' R I G H T S AND BUSINESS L I C E N S E S .
D I V I S I O N 1 . — I S S U E A N D T R A N S F E R .
9. A mine r ' s r i gh t shal l be issued on t h e appl ica t ion of any
person.
A n y such r i g h t shall be in t he form of Schedule Two and shal l be in force for any t e r m
no t less t h a n six m o n t h s a n d not exceeding
twen ty years from the date of issue.
There shall , on t he issue of any such r ight , be paid a fee
calcula ted a t t he ra te of live shi l l ings for every year or two shi l l ings
and s ixpence for every hal f -year of t h e t e r m of t h e r igh t . 10. A business license shal l be issued to any person app ly ing
for t he same.
Such license shall be in the form of t h e Schedule Three, a n d shall be in force for any t e r m not less t h a n six m o n t h s and
no t
exceeding twen ty years from the da te of issue. There shall, on the issue of a n y such l icense, be paid a fee ca lcula ted a t the r a t e of one p o u n d for every year or t e n shill ings for every half-year of the t e r m of t he license. 11. (1) The holder of any miner ' s r i gh t or business license shal l
be ent i t led on appl ica t ion and paymen t of t he prescribed fee to a new mine r ' s r igh t or business l icense, da t ing from the expi ra t ion of t h e previous r igh t or license.
(2) The appl ica t ion may he m a d e —
(a)
within one month before the date of such expiration, in which case t he fee payable shal l be t h e same as in t h e case of t h e issue of a miner ' s r igh t or business license in the first
i n s t a n c e ; or (b) within seven days after the date of such expiration on
product ion of t he expired miner ' s r i g h t or business l icense
and on p a y m e n t of t h e fee aforesaid; or (c) after seven days and w i t h i n one m o n t h af ter t h e da te of such
expira t ion on product ion of t he expired r igh t or license, b u t
in t h a t case a s u m equal to fifty per c e n t u m of t he a m o u n t of t h e fee aforesaid shall be added there to .
12. A mine r ' s r i g h t or business l icense m a y be t ransferred by
endorsement the reon unde r t he h a n d of t he t ransferror and by regis
t ra t ion in t h e prescribed m a n n e r . 13. On proof to t he sat isfaction of the warden t h a t any mine r ' s r i g h t or business l icense has been accidental ly lost or dest royed, a dupl ica te r i g h t or l icense m a y be issued on p a y m e n t of a fee of one shi l l ing.
D I V I S I O N
D i v i ION 2 . — O C C U P A T I O N .
Exempted Crown lands.
14. (1) The following classes of Crown lands arc (save where
otherwise in this A c t provided) exempted from occupat ion unde r any
| mine r ' s | r igh t or business l icense, name ly ,— |
(a)
lands reserved, dedicated, appropriated, or resumed for public purposes (except land reserved for a t empora ry common or for m i n i n g purposes) , whe ther vested in H i s Majesty or in a n y person as cons t ruc t ing au thor i ty or t rus tee for publ ic purposes.
(b)
lands held from the Crown under resident ial lease, s e t t l emen t lease, or special lease for o ther t h a n pastoral or graz ing pu rposes ;
(c) lands held under lease for water supply in virtue of any special
A c t or o the rwise ; and (d)
lands granted or vested in trust by the Crown for purposes of a racecourse, c r icket -ground, recreat ion reserve, park , or
p e r m a n e n t common, or for any o ther publ ic p u r p o s e ; (e) lands t he subject of a p e n d i n g appl icat ion for a lease unde r
this A c t :
| Provided t h a t where any such lease or g ran t contains a reservat ion of all or a n y r igh ts or r i gh t conferred by any Act | r e l a t ing |
| to min ing , t he land comprised in such lease or g ran t shall to the | e x t e n t |
| so reserved be open to occupat ion as aforesaid. |
(2) Crown lands lawfully and bona fide used as a yard, garden , cul t iva ted held, or orchard, or upon which any house, outhouse , shed, or o ther bui ld ing, actual ly used and occupied, or any artificial dam or reservoir, is lawfully s tand ing arc exempted from occupat ion, as aforesaid, except upon paymen t of compensat ion to be assessed by
| the | warden . |
The warden shall fix a t w h a t depth from the surface the
workings on such land shall be carried on, and on fai lure to observe
his order t h e person in occupat ion of t he land shall be deemed to be a
| trespasser. |
(3) The Governor, by notification, on t he recommenda t ion of the Minis ter , may e x e m p t from occupat ion as aforesaid any Crown lands, and may revoke or amend any such notification.
Rights conferred by a miner's right.
15. ( 1 ) E x c e p t as aga ins t H i s Majes ty , a holder of a miner ' s
r ight , or any n u m b e r of persons be ing each the holder of a miner ' s r ight , m a y , subject to t h e regula t ions and to the exemptions in th i s P a r t —
(a)
take possession of and exclusively occupy as a claim any Crown land for m i n i n g purposes, and mine the re in ;
(b)
(b)
have and possess any gold or other minerals found in such land whi ls t so occupied ;
(c) erect a n y bui ld ing , s t ruc tu re , or mach ine ry upon land so occupied, and remove the same a t any t ime du r ing such
o c c u p a t i o n ;
(d) exercise any r igh t s of t he n a t u r e of easements in connect ion wi th land so occupied ;
(c) occupy Crown lands, and construct and use thereon races,
dams , reservoirs, roads and t r amways for m i n i n g pu rposes ; (f) take or divert water from any lake, pool, spring, or stream,
s i tuate in or flowing t h r o u g h Crown lands not exempted
from occupat ion u n d e r a miner ' s r igh t or business license, and use such water for m i n i n g or domest ic purposes ;
(g)
procure and remove for mining, smelting, building, or other purposes for his or thei r personal use only, any bark , or live or dead t imber , or any stone or gravel from any Crown lands n o t
(1) exempted from occupat ion unde r a miner ' s r i g h t or
business l i cense ; or (ii) wi th in the operat ion of any proclamat ion or notification prohib i t ing the cu t t i ng or removal of such t imber , bark , s tone, or " rave l :
Provided t h a t th is r i gh t to procure and remove ba rk or t imber may be exercised only by persons (not being corpora
tions) ac tua l ly hold ing mine r s ' r igh ts ;
(h)
while following the occupation of a miner or prospector, graze upon Crown lands not exempted as aforesaid such horses or o ther animals as m a y be necessary for his or the i r subsistence and for t he ca r ry ing on of prospect ing or min ing .
(2) Provided t h a t for t he purposes of t a k i n g possession of
more t h a n one t e n e m e n t of any specific class, the person so t ak ing
possession m u s t hold an addi t ional miner ' s r i g h t for each addi t ional
t e n e m e n t after the first of t h e same class. The different classes may
be prescribed by the regula t ions . 16. ( 1 ) Excep t as agains t H i s Majesty, a holder of a mine r ' s right may , subject to the exempt ions in this P a r t , take possession of
and occupy Crown lands (hereinafter referred to as a " res idence
a r ea" ) for t he purpose of residing thereon.(2) The area to be so occupied by a n y one such holder shal l no t exceed one quar te r of an acre wi th in t he boundar ies of a town or vil lage, or two acres outs ide such bounda r i e s : Provided t h a t t h e occupat ion shall ex tend only to the surface and the prescribed depth below the surface, and t h a t no area grea ter t h a n one q u a r t e r of an acre shall be so occupied unless wi th t he approval of t he warden .
(3) Eve ry such area shall be t a k e n possession of in t he
prescribed manner . N o person shall hold more t h a n one such area a t
t h e same t ime . (4)
(4) The proviso to section forty-six of the Crown L a n d s A c t of 1884 is amended by subs t i t u t ing the words, " the areas to be sold shall no t exceed one qua r t e r of an acre wi th in t he boundar ies of a town or vil lage, as defined in t he M i n i n g Ac t , 1900, or two acres outside such boundar ies , " for t he words " t h e areas to be sold shall no t exceed one qua r t e r of an acre for town lands, and one acre for suburban or other l ands . "
17. (1) A holder of a miner ' s r i gh t may apply to t he Minis ter
for an au thor i ty to prospect on any Crown lands, w h e t h e r exempted
from occupat ion unde r th is P a r t or not, a n d t h e Minis te r may , on the
| recommendat ion of t he warden or the prospect ing board, g r a n t | such |
au tho r i ty . The area to be held unde r such au thor i ty , the t e rm, ren t , and the condit ions as to labour and other ma t t e r s shall be fixed by the Minis ter . Fa i l u r e to comply wi th any conditions so fixed shal l render
| t he au tho r i t y liable to be cancelled by the | Minis ter . |
(2) Such au thor i ty shal l ent i t le the holder to t ake possession
of t h e area on p a y m e n t in advance of the ren t fixed as aforesaid, and survey fee if necessary, and to carry on prospect ing operations du r ing
| t h e t e r m | of | such | au thor i ty . |
(3) On discovery of gold or o ther minerals , the holder of the au tho r i t y shall report , w i th in four teen days from the da te of such discovery, to t he warden of t he distr ict , who shall t he reupon repor t to t he Minis te r on t he n a t u r e of the discovery. The Minis ter may t he r eupon call u p o n t h e holder of t he au thor i ty to apply for a lease of t he land or such p a r t thereof as he m a y deem advisable or to
| cont inue prospect ing | operat ions. |
Rights conferred by business license.
18. A holder of a business l icense may , excep t as agains t H i s
| Majes ty , and subject to t he | regu la t ions— |
(a)
for the purpose; of carrying on any business, except mining, occupy the prescribed area of Crown land wi th in a goldfield or mine ra l field (hereinafter referred to as a " business a rea" )
not exceeding a q u a r t e r of an acre wi thin the boundar ies of
a town or village, or one acre outside such b o u n d a r i e s : Provided t h a t such occupation shall ex tend only to t h e surface and to the prescribed dep th below the surface ;
(b) have and possess t he land so occupied ;
(c) for t he purpose aforesaid erect a n y bu i ld ing or s t ruc tu re upon the land so occupied, and remove t h e same a t any t ime within one m o n t h or wi th in such fur ther t ime, no t exceeding th ree mon ths , as t he warden may order and direct , after ceasing to occupy such land.
B u t no such holder m a y occupy a t the same t ime more t h a n one such area or car ry on m i n i n g operations upon or in a n y such area.
D I V I S I O N
D I V I S I O N 3 . — R E G I S T R A T I O N . 19. (1) W h e r e any person takes possession unde r this P a r t of a t enemen t (o ther t h a n a p rospec t ing area or a block claim, or a residence area not exceeding one qua r t e r of an acre outside t he boundar ies of any town or vi l lage or such o ther t e n e m e n t as m a y be prescr ibed) ,
he shall , wi th in twen ty -e igh t days thereaf ter regis ter t he same in
t he prescribed m a n n e r in the office of t he m i n i n g regis t rar of t he division where in t he same is s i tuated.
(2) W h e r e any interes t in a t e n e m e n t required to he
registered is t ransferred to, vests in (absolutely or as secur i ty only) , or devolves u p o n a n y person, such person shall w i th in twen ty -e igh t
days thereaf ter register t h e same in t h e prescribed m a n n e r in t h e office aforesaid.
(3) On every regis t ra t ion of a t e n e m e n t t he person
requ i r ing regis t ra t ion shall produce his miner ' s r i gh t or business
l icense to t he regis ter ing officer. ( 4 ) A n y person neg lec t ing to regis ter a claim or a share
in a c la im wi th in t h e period aforesaid shall , if he works or mines in such claim, i ncu r the pena l ty here inaf ter in th i s Ac t prescr ibed for
unau thor i sed m i n i n g on Crown lands . (5) Provided t h a t if it is shown to t h e satisfaction of t he warden t h a t t he person whose du ty is to regis ter was or would be prevented by sickness or a n y o ther l ike disability from effecting such regis t ra t ion, t h e warden may ex tend the said period to a fu r ther period no t exceeding twen ty -e igh t days from the expira t ion of t he first-
ment ioned period.
D I V I S I O N 4 . — M I S C E L L A N E O U S P R O V I S I O N S .
20. (1) The owner of any registered c la im may , subject to t he regulat ions , divide his in teres t the re in in to shares and allot any of such shares to a n y person.
(2) The owners of any two or more adjoining claims may ,
may impose, and in t h e prescr ibed manne r , ama lgama te t he same wi th t he consent of t he warden, and subject to such condit ions as he before or after regis t rat ion. The a m a l g a m a t e d c la im so formed shall be regis tered, and m a y be divided in to shares or dea l t w i th as an ordinary claim.
( 3 ) The owner of any registered claim or share in a c laim
may, subjec t to t he regulat ions , assign, encumber , or create any interes t
in t h e same.21. The holding of miners ' r igh t s in respect of a c la im shall be deemed a ho ld ing on behalf of t h e owners of t he claim or of any shares in t he same or of any interes ts therein , and i t sha l l no t be necessary for separate mine r s ' r igh t s to be held by t h e owners of such
shares or in teres ts . 22.
22. I f t h e owner of a share in a registered c la im fails to represen t his share by labour or to con t r ibu te his propor t ion of the work ing expenses, t he warden on the appl ica t ion of one or more of t h e r ema in ing shareholders may declare such share to be abandoned, and m a y order the r emain ing shareholders to be p u t in possession of such s h a r e ; and such declara t ion and order shall be carried out .
P A R T I I I .
L E A S E S OF C R O W N LANDS.
D I V I S I O N 1 . — W H A T LEASES MAY B E GRANTED.
23. (1) The Governor, in the n a m e and on behalf of His Majes ty , m a y lease Crown lands and any street , road, or h ighway, as fo l lows:—
(a)
He may grant mining leases, of the surface and the subjacent soil, or of the soil below a cer ta in dep th from the surface
only, which m a y b e —
(i) gold-mining leases, au thor i s ing m i n i n g on t h e land for gold and for purposes connected wi th gold-mining ; (ii) m ine ra l leases, au thor i s ing m i n i n g on the land for the minera l s there in specified, and for purposes connected
wi th such min ing ,
(b) H e m a y g ran t leases (to be called leases for m i n i n g purposes) of the surface only, and to a l imited dep th below the surface. Such leases author ise t he use of t he land for m i n i n g purposes,
b u t do no t author ise m i n i n g on the land or the removal of any gold or minera ls won therefrom.
(2) Provided t h a t —
(a)
A claim lawfully occupied under a miner's right shall not be leased unless t he holder of the r ight consents to the leasing, in which case t he c la im shall be deemed to be abandoned, and the t i t le there to shall be absolutely ext inguished, whe the r t h e appl icat ion for the lease is g ran ted or refused.
(b)
Crown land occupied as a business or residence area, or for a dam, reservoir, race, or for machinery , shal l only be leased from such dep th below the surface as t he Minis ter deems sufficient to secure the surface and any bui ldings , works, and improvements thereon from damage occasioned by min ing operations.
(c)
(c) The surface of Crown land held under lease from the Crown
for purposes o ther t h a n pas tora l purposes shal l only be leased subject to t he p a y m e n t of compensat ion, to he assessed
by
t h e warden . (d) Auriferous alluvial Crown land shall not be leased unless in
t he opinion of t he Min is te r—
(i) t h e land has been worked and a b a n d o n e d ; or (ii) the land is suitable to be leased by reason of the difficulties
and cost a t t end ing t h e cons t ruc t ion of mine works upon or of m i n i n g such land ; (iii) t he land may be leased for m i n i n g purposes only.
(e)
The Governor, by notification, on the recommendation of the Minis ter , m a y exempt any Crown lands from the leasing provisions of this Act , a n d m a y revoke or a m e n d any such notification.
24. (1) A n applicat ion for a lease unde r any Ac t he reby
repealed may , a t t he request of t he appl icant , be converted in to an
appl ica t ion for a lease; unde r th is Act .
(2) A n au tho r i t y to mine granted unde r section twen ty -
e ight of t h e Min ing Act, 1874, may , on appl icat ion of t he holder
thereof, be conver ted in to a go ld-min ing lease or a mine ra l lease as
t he case m a y be under this Act , subject to such condit ions as t h e
Governor th inks fit.(3) A registered claim under t he said Acts or this A c t may , on t he appl ica t ion of t h e owner thereof, be converted in to a gold- min ing lease or minera l lease as the case may be unde r this Act .
D I V I S I O N 2 . — A P P L I C A T I O N S .
Form of application.
25. Appl ica t ions for leases shall be made in t he prescr ibed form and manne r , and shall be subject to t h e prescr ibed condi t ions as to m a r k i n g out t he land applied for, t a k i n g possession thereof, and otherwise, a n d shall be accompanied by paymen t of one year ' s r en t in advance, a t the ra te prescribed.
Priority of application.
26. (1) If more t h a n one appl icat ion is made for a lease of the same land, the appl icat ion of the person who has first t aken possession shal l be first considered and dealt wi th , and so on, accord ing to pr ior i ty of possession.
F o r
| F o r t he purposes of th is subsection, " possession " means t he act of e rec t ing a d a t u m post, provided t h a t the | mode of t a k i n g | possession |
prescribed by t h e regula t ions is fo r thwi th complied wi th :
Prov ided t h a t if, u p o n inqu i ry be ing held as provided in section th i r ty- four , the warden is of opinion t h a t possession has been t aken s imul taneous ly by two or more appl ican ts for the same area, the quest ion of pr ior i ty may be decided by bal lot .
(2) If any applicat ion for a lease is refused or abandoned,
any o ther applicat ion for a lease of t he same land may be considered
and dealt wi th , regard being had, where necessary, to t he ru le of
| pr ior i ty | aforesaid. |
Grant or refusal of application. 27. ( 1 ) Leases unde r th is P a r t shall be granted by the Governor
| in t he n a m e and on behalf of His Majes ty . | The Governor may in his |
| discret ion g ran t a lease, no twi ths tand ing tha t | t he appl icant has not in |
every respect complied wi th t he regulat ions , or no tw i th s t and ing t h a t the descript ion of t h e land in such appl icat ion does no t s t r ic t ly correspond w i t h the land as marked ou t by the appl icant .
(2) The Governor may, subject to t he provisions of this Act ,
g r a n t an applicat ion for a lease in such modified or amended form as
| he | m a y t h i n k | fit. |
( 3 ) The Governor may refuse a n y appl icat ion for a lease,
and such refusal shall t ake effect from the t ime of publ icat ion of such
refusal in t he Gazet te .
Occupation by and rights of applicant.
28. W h e n any applicat ion for a min ing lease has been duly made , t he appl icant may, by v i r tue of his appl icat ion, un t i l such lease is g ran ted or refused—
(a)
occupy the land applied for, and mine upon and in the same : Provided t h a t no th ing here in shall affect t he r igh t , t i t le , or in teres t of any o ther person in or to the said land, or in or to
from ; any gold or minera l obtained or t h a t may be obtained there (b)
proceed in the warden's court for trespass against any person en te r ing upon, occupying, or in terfer ing wi th such land, not h a v i n g a lawful t i t le there to or ig ina t ing prior to such appl icat ion.
(c)
proceed in the warden's court against any person claiming to have an interest in such land under a miner ' s r i gh t or minera l or business l icense, for the purpose of hav ing such claim
declared inval id. (d)
apply to the warden for an injunction under this Act against any person c la iming to be legally or equi tab ly interested in
t h e land. 29. 29. ( 1 ) I n any such proceedings for t respass t he compla inan t may claim damages for such trespass, and for t h e recovery of a n y gold or minera l t aken by the defendant from such land, or the value thereof. B u t he shall no t he ent i t led to succeed unless he proves to the satisfaction of t h e court t ha t he has complied wi th the regula t ions re la t ing to t he lodging of the appl icat ion and payment of ren t , so far as such regu la t ions were a t t he t ime of t he trespass capable of be ing
complied wi th . (2) If t he warden decides in favour of the compla inant he shall , unless t h e appl icat ion for the lease has been already determined, order the defendant to lodge wi th t h e warden any s u m awarded as damages , and any gold or minera l he may adjudge t h e compla inan t ent i t led to, or the value thereof.
( 3 ) I f such appl icat ion is granted , the warden shall order
t h e said s u m and the said gold or minera l , or t he va lue thereof, to be delivered or paid to the c o m p l a i n a n t ; b u t if such applicat ion is refused,
he shall order delivery or p a y m e n t to t he person ent i t led the re to .
Pendency of application. 30. ( 1 ) A n appl ica t ion for any lease unde r th i s P a r t shall be
pend ing from the t ak ing possession of t h e land for t h a t purpose in the prescribed manner , or f rom the lodging of t he appl icat ion for conversion into a lease by any person ent i t led to apply for such conversion.
(2) Dur ing the pendency of any such applicat ion, the land shall be exempt from sale or lease by t h e Crown, or from occupat ion as a t enement .( 3 ) A n y such appl ica t ion shall subsist for t h e benefit of
t h e appl icant or, in t h e event of his death or b a n k r u p t c y , of his legal representa t ives , who shal l be deemed to hold t he land u n d e r promise of a lease un t i l default occurs in m a k i n g or p rosecu t ing the appl icat ion, or t he Governor refuses t he same or voids t h e lease before issue, and not ice thereof is publ ished in t h e Gazet te .
Survey of land.
31. I f a t the t ime of lodging an appl icat ion for a lease, the land appl ied for has not been surveyed by a m i n i n g surveyor, or t he m a r k s of a previous survey have been removed or obli terated, t h e appl icant shall deliver to the warden a wr i t ten appl icat ion for a survey of such land, accompanied by the prescr ibed survey fee.
Objections.
32. (1) A n y person m a y object to t he issue of any lease by
lodging wi th t h e warden and serving upon the appl icant wi th in t h e
prescribed t ime, a wr i t t en notice of his objection. Such
Such notice may be served by post by registered le t t e r a d d r e s s e d
to t he las t k n o w n address of t he appl icant , or if t h e app l ican t ' s address canno t be ascer tained by pos t ing the same o n the d a t u m post on the land applied to be leased.
(2) The person so object ing shall , a t the t ime of lodging notice of his objection, deposit wi th t he warden or the warden 's clerk t h e prescribed s u m as secur i ty for any costs which m a y be awarded aga ins t h im by the w a r d e n in any inqui ry in relat ion to such objection.
33. (1) W h e r e n o notice of objection has been so lodged, t h e warden shall forward the application, together w i th a repor t the reon , to the Minis ter .
(2) W h e n notice of objection has been so lodged, t he w a r d e n shal l appoint a place and t ime for t he hea r ing of the appl icat ion a n d objection, and shall give not l ess t h a n th ree clear days ' not ice thereof to t h e appl icant and the objector respectively. W h e r e an objection has been lodged by several persons jo in t ly , notice
| to o n e of t h e m shall be | sufficient. |
34. ( 1 ) On the day so appointed, the w a r d e n shall inqu i re into
| t he t r u t h of the par t icu la rs | s ta ted | by the appl icant | a n d | objector |
respectively, a n d m a y , if necessary, ad journ t he inqu i ry for a n y t ime n o t exceeding one m o n t h , or to a n y other place, o n such condit ions as to costs as h e may t h i n k fit. Notice of such ad journment shal l be given to the appl icant and to each objector.
(2) A t the conclusion of such inqu i ry t he w a r d e n shall
| a n n o u n c e in open cour t t he | purpor t of | h i s repor t to t he Minis ter , | and |
shall thereaf ter t r a n s m i t to t he Minis ter t h e applicat ion, objections, and evidence, t he report , p lan, and m a p , if a n y , of the min ing surveyor, a n d his report as aforesaid, r ecommending the g r a n t i n g or refusal of t he lease applied for.
( 3 ) A n y person shall , upon appl icat ion a n d p a y m e n t of t he
prescribed fee, be furnished wi th a copy of the min ing surveyor 's repor t a n d p l an of any l and so applied for , and of any evidence t a k e n
| as aforesaid, and of t he warden ' s | r ecommenda t ion . |
(4) The Minis te r m a y a t a n y t ime, whe the r a n y notice of
objection has been lodged or n o t , au thor i se a n d direct t he warden to hold an inqui ry or a fur ther inqu i ry wi th reference to any m a t t e r concern ing such appl icat ion, a n d the reupon the warden shall appoin t t he t ime a n d place a n d give t h e notices a n d proceed w i t h such inqu i ry
| and | t ransmi t | the | evidence and documents re la t ing there to , a n d h i s |
| report , in t h e m a n n e r hereinbefore | provided. |
( 5 ) Eve ry inqui ry unde r th is section shall be conducted in
open court , a n d the warden shall have t h e powers of a w a r d e n ' s cour t . On t h e appl ica t ion of c i ther p a r t y to t h e d ispute , t he w a r d e n m a y
| conduc t t h e inqui ry a t t h e place in | d ispute . |
T D I V I S I O N
D I V I S I O N 3 — C O N D I T I O N S .
Area and dimensions of leases.
35. (1) Subject to th is section t h e Minis te r shal l fix t he
respective areas of leases u n d e r this Pa r t . (2) The area of a gold-mining lease shall not exceed twen ty - five acres, and the land leased shal l be of t he form and dimensions prescribed.
( 3 ) The area of a mine ra l lease shall no t exceed six h u n d r e d
a n d forty acres for coal or shale, nor e ighty acres for o ther minera l s ,
excep t ing opal.
(4) The area of a lease for m i n i n g for opal shall not exceedten a c r e s : Provided t h a t no such lease shall be g ran ted unless t h e prospect ing board certifies tha t the l and is sui table to be leased by reason of t he difficulties and cost a t t end ing t h e cons t ruc t ion of mine
works u p o n or of m i n i n g such land. (5) The area and dimensions of leases for min ing purposes only shall be such as t he Minis te r may , subjec t to the regula t ions , de termine .
(0) This section shall not app ly to special leases granted
u n d e r the provisions hereinafter in th is A c t conta ined.
Rent, royalty, and labour conditions. 36. (1) The a n n u a l rent for a gold-mining lease g ran ted unde r
th i s P a r t shal l be five shil l ings per acre or port ion of an acre, and for a lease so granted to mine for any minera l o ther t h a n coal or shale five shil l ings per acre or por t ion of a n acre .
(2) The annua l ren t for a lease so gran ted to mine for coal or shale shal l be one shi l l ing per acre or por t ion of an acre , and a royal ty shall be paid of s ixpence per ton on all shale or large coal and th reepence per ton on all small coal won from the land demised.
( 3 ) The rent , t e rms , and condit ions of leases so g r an t ed
for m i n i n g purposes only, shall , subject to this Act , be fixed by the Minis ter .
(4) Al l such r e n t shall be payable annua l ly in advance a t
t h e t imes and in t he m a n n e r prescribed, t he first p a y m e n t in all cases be ing made a t the t ime of m a k i n g appl icat ion for t he lease.
(5) The royal ty shal l be payable a t t h e t imes a n d in t he m a n n e r prescribed : Provided t h a t if t he royal ty payable in respect of any lease du r ing any one year exceeds t h e ren t paid for such year, t h e a m o u n t paid as r e n t m a y be deducted from the a m o u n t of t he r o y a l t y ; b u t if t he royal ty in any one year a m o u n t s to less t h a n t h e ren t paid for such year t h e lessee shall no t for such year be required to pay royal ty : Provided also t h a t t he Minis te r may a t his discretion
r emi t t he a m o u n t of royal ty payable on coal used for ra is ing s team for mot ive power a t a colliery. (6) ( 6 ) R e n t and royal ty shall he payable by the lessee to t h e
Crown, and may be recovered as a Crown debt .
37. E v e r y min ing lease shall conta in such labour conditions
| as the Min i s t e r may , | subject | to t he regula t ions , | de termine . |
Duration and renewal of leases.
38. (1) A lease g ran ted unde r this P a r t m a y be for any (2) A n y such lease may , wi th t he consent of t he Governor,
| t e r m | not exceeding t w e n t y | years. |
| be renewed for a fu r ther | t e r m not exceeding t w e n t y years : | Provided |
| t h a t appl icat ion for such renewal | shall be m a d e dur ing the last five |
| years of t he t e r m of the lease. |
(3) Such renewal shall be a t the r en t and royal ty, and sub jec t to such other covenants and conditions as are prescribed by the Acts and regula t ions in force a t the t ime of such renewal , and to such fur ther covenants and condit ions as the Governor may t h i n k fit to impose.
39. A lease of Crown lands gran ted under any A c t hereby repealed m a y be renewed for t he t e rm, on the condit ions, wi th the covenants , and unde r the c i rcumstances stated and prescribed in and by such Ac t or any A c t amend ing the same hereby repealed and the regu la t ions thereunder , save as regards p a y m e n t of any fine upon such renewal : Provided tha t wi th respect to a gold-mining lease so g ran ted tin; a n n u a l r en t on renewal shall be five shil l ings per acre, and the t e r m of the renewed lease may be for five years in excess of t he t e r m prescribed by the said Acts for such leases when renewed the reunder .
D I V I S I O N 4 . — S P E C I A L LEASES.
40. ( 1 ) The Governor may, upon the recommendat ion of t he Minister, g ran t a special m in ing lease of Crown land for m i n i n g o ther t h a n coal or shale min ing if the Minis ter is satisfied t h a t by reason of t he difficulties and cost a t t end ing the const ruct ion of m i n e works upon or of min ing such land i t is necessary t h a t such lease be granted .
(2) The Minis te r may, on appl icat ion being made for such
| lease, direct t he prospect ing board or the warden to inqu i re and report — |
(a) w h e t h e r by reason of t he difficulties and cost a t t end ing the const ruct ion of mine works upon and of min ing such land, i t is necessary t h a t an area in excess of t he l imit prescribed should be leased ; and
(b) u p o n the r en t and royal ty to be p a i d ; and
(c) upon such other ma t t e r s as t he Minis ter m a y direct.
(3) The Governor may fix t he form of and area to be comprised in any such lease, t h e r en t and royal ty to be paid, and t h e labour and other condit ions, reservations, and except ions to be contained in the same, b u t in al l o ther respects such special lease and the appl ica t ion for t he same shall be subject to the provisions of th is Ac t
| in | respect | of | ordinary | leases unde r | th i s | Pa r t . | D I V I S I O N |
D I V I S I O N 5 . — M I N E R A L S NOT I N C L U D E D I N L E A S E . 41. (1) The Minis te r may , upon appl icat ion in wr i t ing by the
holder of any minera l lease unde r this P a r t or unde r any A c t hereby repealed, g ran t au thor i ty upon such t e rms as he m a y th ink fit permit t ing" such holder to mine on the land comprised in his lease for any mine ra l o ther t h a n t h a t in respect of which such lease has been
granted , a n d m a y vary or revoke any such au thor i ty .
(2) If t h e holder of any minera l lease mines for a n y mine ra l
o ther t h a n t h a t in respect of which his lease or any such au thor i ty as
aforesaid was gran ted , his lease shal l be liable to forfei ture.42. (1) W h e r e gold is associated or combined wi th any minera l
in any land comprised in any such minera l lease, and
(a) t h e holder of such lease desires to mine for such gold, or
(b) t h e n a t u r e of t he m i n i n g operat ions u n d e r his lease is such as to lead to t he removal of such gold,
t h e Min i s te r may , if t he va lue of t h e gold in t he ore does n o t exceed fifty per c e n t u m of t he value of t he ore, upon appl icat ion in wr i t ing by such holder, g ran t author i ty , upon such t e rms as he th inks fit, p e r m i t t i n g such holder to mine for gold on the said land.
B u t if t he va lue of the gold exceeds fifty per c e n t u m of the
va lue of t he ore, t he lessee m u s t apply for and obta in a gold-mining l ea se ; and in t h a t case a gold-mining lease may be g ran ted for the area so he ld u n d e r t h e minera l lease, a l t h o u g h the area exceeds twen ty- five acres, and t h e dimensions are not in accordance wi th those prescribed. Appl ica t ion for such go ld-min ing lease shall be made in
m a n n e r prescribed. (2) If a n y such gold is so mined for or removed by such
holder w i thou t ob ta in ing such au thor i ty or lease, t he minera l lease aforesaid shall be liable to forfeiture.
43. (1) The Minis te r m a y , u p o n applicat ion in wr i t ing by the
holder of any gold-mining lease unde r th is P a r t or u n d e r any A c t hereby repealed, g ran t au thor i ty upon such t e rms as he m a y t h i n k fit
p e r m i t t i n g such holder to m i n e on t h e land comprised in such lease
for a n y minera l o ther t han gold. (2) If any such mine ra l is so mined for or removed by
h i m wi thou t ob ta in ing such au tho r i t y t he lease shall be liable to forfei ture.
D I V I S I O N 6 . — O W N E R S H I P OF T A I L I N G S AND ORE. 44. ( 1 ) A n y lessee under th is Pa r t , whose occupancy is by any
means de termined, may, within th i r ty days after such de terminat ion , app ly to t he Minis ter for leave to enter t h e land a n d t r ea t or remove any tai l ings, ore, or stone left the reon by h im. The Minis ter m a y gran t such leave upon p a y m e n t of a sum to be fixed by h im, and may fix a t ime wi th in which such t r e a t m e n t or removal is to be completed.
Any
A n y applicat ion for a lease of any land upon which such tai l ings, ore, or stone have been so left, and any occupation of such land under a miner ' s r ight , shall be subject to the r i g h t of the Minis ter to g ran t such leave, and to t he r igh t of t he person to w h o m such leave is granted, to ac t in accordance t h e r e w i t h ; and any lease granted may contain a reservat ion of such tai l ings, ore, or s tone, and of the r ight of any person to w h o m leave may be or has been granted to t r ea t or remove the same.
(2) The form and mode of appl icat ion for, and the condit ions
of such leave, shall be as prescribed.
(3) If such leave is not applied for wi th in the said th i r ty days, or such t r e a t m e n t or removal is not completed wi th in t he t ime fixed, such tai l ings, ore, or stone shall become the absolute proper ty of t he Crown, and shall form par t of t h e land.
P A R T I V .
M I N I N G ON P R I V A T E LANDS.
D I V I S I O N 1 . — P R E L I M I N A R Y . Interpretation.
45. I n this Pa r t , and in any regula t ions re la t ing to ma t t e r s
| t he reunde r , unless t he con tex t | or sub jec t -mat te r | otherwise | indicates ,— |
" A u t h o r i t y to e n t e r " means au thor i ty to en te r upon pr iva te lands granted unde r this Pa r t .
" L e a s e " means lease under th i s P a r t . " Occup ie r" means person in occupat ion of any pr iva te land, whe the r unde r any special Ac t or otherwise, or a t enan t .
" O w n e r " includes t rus tee , guard ian in infancy, commit tee or guard ian in lunacy , mor tgagee in possession, and condit ional
lessee.
" P r iva te l a n d s " means lands o ther t h a n Crown lands b u t does include any lands s i tua te wi th in the boundar ies of a town or not vil lage unless the Governor by proclamat ion (which he is hereby authorised to make , al ter , and revoke) declares t ha t they are pr iva te lands for the purposes of th is Par t .
I n th is P a r t the word " m i n e r a l s " shall no t include coal or
shale, nor shall coal or shale be included wi th in t h e substances which
m a y be declared minerals by proc lamat ion of the Governor.
lands open to mining under this Part.
46. (1) All pr iva te lands shall be open to m i n i n g unde r this
P a r t for gold and for any ore of which gold is t h e chief or mos t
profitable meta l l ic product , and for silver when such minera l is
| reserved to t he Crown. | (2) |
(2) If the Crown gran t of any pr iva te land conta ins , or if
not yet issued will w h e n issued contain, a reservation to t he Crown ofall minera l s , t he said land shall also he open to min ing unde r th is
P a r t for all minera ls .
(3) Provided tha t , except as hereinaf ter in th is Ac t provided,
no appl icat ion for an au thor i ty to en te r shall be granted under this P a r t in respect of any land in or u p o n which any person other t h a n the appl ican t is a t t he t ime of the m a k i n g of t h e appl icat ion ent i t led under th is P a r t to search or prospect for gold or any minera l or in or upon which any person other t han t h e appl icant is lawfully ca r ry ing on m i n i n g operat ions, w h e t h e r unde r this A c t o r the Acts hereby repealed.
For the purposes of this proviso, a person shall , as to an area not exceeding eighty acres, be deemed to be lawfully car ry ing on min ing operat ions in respect of any subs tance no twi ths t and ing tha t such substance was not a mine ra l a t t he t ime when such min ing operat ions were authorised if such subs tance has subsequent ly come wi th in t he definition of a minera l unde r this Ac t or any Ac t hereby repealed.
47. N o au thor i ty to enter and no lease u n d e r th is Pa r t shall ,
excep t wi th the consent of the owner, ex tend t o —
(a) within fifty yards on the surface of any land bona fide in
use as a garden or o rcha rd ; or (b) within two hundred yards on the surface of the principal
residence of t he owner or occup ie r ; or (c)
any land whereon is any substantial building, bridge, dam, reservoir, well , or o ther valuable improvemen t o ther t h a n a n improvemen t effected for m i n i n g purposes and not bona fide used for any o ther purpose . The Minis ter shal l de termine whe the r any such improvemen t is subs tant ia l or valuable , and m a y define an area adjoining such improvement wi th in which no min ing operat ions shall be carried on.
48. No au thor i ty to enter and no lease unde r th i s P a r t shall ,
except wi th t h e consent of the owner and occupier, ex tend to t he
surface of any land enclosed and u n d e r cul t ivat ion when the appl icat ion
for t he au thor i ty was m a d e ; and w i t h o u t such consent no operations
unde r such au tho r i t y shall be conducted , and no such lease shall be g ran ted below the surface of any such land, except wi th t he au thor i ty of t he Minis ter , and a t such dep th as the Minis te r may , after full inqu i ry ,
deem to be sufficient to p reven t damage to t he surface : Provided t h a t —
(a)
a lease under this Part may be granted of such portion of the surface of such land as t he Minis te r may deem necessary for giving access to t he gold or minera ls t h e r e i n ; b u t before any such lease is granted the warden shall assess the a m o u n t to be paid as compensat ion for any loss of or damage to any crop or improvemen t s on such land ; and
(b) t h e Minis ter m a y decide, in case of d ispute , w h e t h e r any
land is or is no t u n d e r cul t iva t ion. D I V I S I O N
D I V I S I O N 2 . — A U T H O R I T Y TO E N T E R .
Interim permit.
49. (1) The warden m a y at t h e reques t of any appl icant for an au tho r i t y to en te r g r a n t an in te r im permi t in t he prescribed form au thor i s ing such appl icant to enter t he land the subject of t he applica t ion for t h e purpose of defining the boundar ies of t he area applied for.
(2) Such in te r im pe rmi t shall be for any period not
exceeding fourteen days, and shall no t ent i t le the holder thereof to and he shall no t carry on any prospect ing operat ions on the said land.
(3) If such holder carries on such operations in contraven t ion of th is section, he shall be liable to a penal ty not exceeding ten pounds .
Application for and grant of authority.
50. (1) The warden, on appl icat ion m a d e as proscribed, may, subject to any s t ipula t ions or condit ions which he m a y t h i n k necessary to impose, g ran t to any holder of a miner ' s r igh t one or more au thor i ty or author i t ies in t h e prescribed form to enter , subject to t he provisions of this Act , on any pr ivate lands.
(2) The warden may , w h e t h e r any i nqu i ry has been held
as here inaf ter in this Ac t provided or not, refuse any applicat ion for
| au thor i ty to | enter— |
(a) if t h e land is the subject of an appl ica t ion or ho ld ing u n d e r
th i s P a r t or unde r any A c t hereby repealed, or is exempted from lease unde r th i s P a r t ; or
(b)
if, after the prescribed notice to measure the land to be included in the au thor i ty has been given by the warden to t h e applicant , such appl icant fails to a t t end for t he purpose of po in t ing out the locat ion of t he area applied for.
(3) The t ime dur ing which such au tho r i t y is requi red shall
be s ta ted in such applicat ion, and the app l ican t shall lodge therewi th a deposit of five shil l ings, to be applied towards p a y m e n t of the r en t
| or compensat ion for damage . If any such appl icat ion is w i t h d r a w n |
or abandoned, before the r en t and compensat ion have been paid in full,
t he deposit may , if t he warden so orders, be forfeited to t he Crown.
51. (1) Before issuing such au thor i ty in respect of any l and the warden shall hold an inqui ry , of which due notice shall be given to t he owner and occupier, if any , or the i r respective local agen t s (if registered as such as prescr ibed) , and tlx the a n n u a l r e n t per acre of
| t he land. | Such rent shall be paid by t h e appl icant to t h e owner of |
| t he | land quar te r ly in advance from t h e da te of t h e au thor i ty . | If | t he |
| au thor i ty is to con t inue for | less t h a n three months | one | quar te r ' s | r en t |
| shall be so payable . |
(2) The warden shal l also assess compensat ion to be paid
| by the holder of t h e au thor i ty . | (3) |
( 3 ) The first p a y m e n t of t he ren t and the p a y m e n t of compensa t ion shall he made wi th in fourteen days of t h e issue of the au thor i ty , and before en t ry upon the land in pu r suance of t h e au thor i ty .
(4) If en t ry is made before such paymen t , or if a n y rent af terwards due, or any compensat ion af terwards assessed and ordered to be paid, is left unpaid for one m o n t h , t he warden m a y cancel t he au thor i ty .
52. (1) A n au tho r i t y to enter may he g ran ted for any period no t exceeding twelve m o n t h s , h u t t he period of any au thor i ty may, while it is in force, he from t ime to t ime extended by the warden on such t e rms as he m a y t h i n k fit for any fur ther period, if it appears to h i m t h a t fu r ther t ime is requis i te to enable the holder to complete the prospect ing of t he area defined there in ; b u t so t ha t t he period for which t h e a u t h o r i t y was gran ted , toge the r wi th t he periods of al l
extensions, do no t exceed twenty- four m o n t h s . (2) Such au thor i ty and every extension as aforesaid shall be issued in dupl icate , and shall s ta te t he t ime dur ing which it is to con t inue .
( 3 ) The holder of such au thor i ty shall, wi th in t he period
and as directed by the warden , serve the dupl icate thereof, and of every extension g ran ted by t h e warden , upon t h e owner or occupier, or upon one of t he owners if more t h a n one, of the land defined there in .
53. (1) Every such au tho r i t y shal l conta in a definition of t he
area and boundar ies of the land in respect of which it is g ran ted .
(2) The said area m a y be such as appears to the warden sui table , hav ing regard to the class of deposit to be searched for, and shal l be defined by h im as prescribed, bu t , except as hereinaf ter provided, shal l no t exceed t h e m a x i m u m area in this P a r t prescr ibed for a lease to mine t h a t class of deposi t :
Provided t h a t t h e Minis te r on t he recommendat ion of t he
prospec t ing board may direct the warden to grant , and he shall there u p o n gran t , an au thor i ty to enter an area exceeding the area prescribed
aforesaid, if it is proved a t t he i nqu i ry held by the warden t h a t t he difficulties and cost of conduc t ing prospect ing operations render it
necessary t h a t au thor i ty to enter a grea ter area be granted .
54. (1) U p o n lawful en t ry as aforesaid, t h e holder of an
au thor i ty to en te r m a y cons t ruc t such works , a n d conduct suchoperat ions on or u n d e r t he said lands as m a y be required for prospec t ing
t h e same. (2) I f such holder
(a)
does no t commence such prospect ing operations wi th in four teen days from t h e da te of such au thor i ty ; or
(b)
after commenc ing such operat ions suspends t he same w i t h o u t t he wr i t ten permiss ion of t he warden ; or
(c)
(c)
commences such operations before making the payments aforesaid ; or
(d)
fails to observe any of the stipulations or conditions imposed by the warden under th i s A c t ;
t h e warden may cancel such person 's au thor i ty to enter .
(3) The warden may also a t the reques t of the holder
cancel his au thor i ty to enter .
(4) The holder of t he au thor i ty may employ as m a n y m e n
as he m a y t h i n k fit in such prospect ing operations, b u t he shall not, unless wi th t he consent of t he warden, employ less t han t h e m i n i m u m
| n u m b e r prescribed. | If he makes defaul t | t he warden may cancel the |
| au tho r i ty . |
55. The holder of an au thor i ty to enter may, upon obta in ing t h e permission of the warden , erect t emporary residences upon the area defined there in for the use of t he persons employed in the p rospec t ing operat ions, b u t so t ha t the area to be occupied in connect ion wi th such residences shall be in such posit ions as the warden may consider proper.
56. I f t h e holder of an au thor i ty to enter , after be ing served wi th not ice of the cancel la t ion unde r this Ac t of such au tho r i t y , cont inues in occupat ion of any area therein defined, or any p a r t thereof, he shall be deemed a trespasser.
D I V I S I O N 3 . — L E A S E S . Mining leases.
57. (1) A n y holder of an au thor i ty to enter who desires to
obtain a lease of t he land defined in such au thor i ty , or any pa r t
| thereof, | a n d — |
(a) has served the duplicate of such authority upon the owner
or occupier of t he said l a n d ; and (b) has paid r en t and compensat ion as hereinbefore prescribed,
may, e i ther personal ly or by agent , in the prescribed manner , define
| and m a y apply to the Minis ter for a lease thereof. Such applicat ion | upon the said land the boundar ies of the port ion desired to be leased, | |
| shall be for a lease to mine for gold or any minerals , and m u s t be made | ||
| ||
| (2) The Minis ter m a y modify any such applicat ion, or m a y direct a warden to hold an inqui ry on oath in open cour t wi th reference to any m a t t e r affecting the same or the au thor i ty to enter . |
(3) If t he appl icant fails to make any p a y m e n t prescribed
in respect of his application, the Minis ter may after the prescribed t ime declare such appl icat ion to be void, and all or any par t of the moneys paid by the appl icant to be forfeited to t he Crown ; a n d thereupon the said moneys or such par t thereof shall be paid into t h e Treasury and
| carr ied to t he Consolidated Revenue | Fund. | (4) |
(4) If t h e appl icat ion is one which can be g ran ted under th i s Pa r t , t h e Minister , on receipt of such appl icat ion, accompanied by t h e prescribed sum by way of rent , m a y cause a notice of in ten t ion to g ran t a lease to be advert ised in t h e Gazet te , and in a newspaper c i rcula t ing in t h e locality in which the land is s i tuated. If t he use of the whole or any pa r t of the surface of such land is requi red t he notice shall so s ta te , a n d if a pa r t only is required t he not ice shall define
such par t .
(5) The appl icant hav ing made all t he prescribed p a y m e n t s
may carry on m i n i n g operat ions on the land applied for un t i l t he appl ica t ion has been gran ted or refused ; b u t except as hereinafter provided no fur ther assessment of compensat ion shall be necessary.
( 6 ) Unless t he lease appl ied for will cover t he whole of a
measured port ion, t h e land shal l be surveyed by a m i n i n g surveyor before t h e issue of the lease. 58. ( 1 ) Leases under th is P a r t shall be g ran ted by the Governor
in t h e n a m e and on behalf of His Majes ty . I t shall not be obl igatory on t h e Governor to g r a n t any such lease, no tw i th s t and ing tha t t h e app l ican t m a y have complied wi th t he provisions of th is Act and the r e g u l a t i o n s ; b u t if an appl icat ion for such lease is refused, t he appl i can t shall be informed of the reasons for such refusal .
(2) A lease may , at t he reques t in wr i t ing of the appl icant ,
be g ran ted to any person named by h im.
(3) A lease m a y be gran ted n o t w i t h s t a n d i n g tha t t he person
app ly ing for t he same has not complied in every respect wi th the
regula t ions .
59. Every lease under this P a r t shall—
(a)
state whether it is to have effect on and below the surface of t he l and leased or on a l imi ted por t ion of the surface and below the whole area, or below the surface only.
(b)
state for what mineral (if any) the lessee may mine, and that t he lessee shall not mine for any other minera l wi thou t the
au thor i ty of the Minis ter .
(c) contain such labour conditions as may be determined by the
Minis ter in accordance wi th t he regula t ions .
Leases for mining purposes.
60. (1) Subject to t he assessment by t he warden of compen
sation, t he Governor may g r a n t to the holder of any lease unde r thisAct , or to any person ca r ry ing on m i n i n g operat ions who has made
appl ica t ion to t h e Minis ter in t h a t behalf in the prescribed m a n n e r , a lease—
(a)
of the surface and to a limited depth below the surface of any pr ivate land i r respect ive of any reservat ion of minera ls
to
to the Crown, tor t h e purpose only of cu t t i ng mining-races thereon, and conveying water or de t r i tus t h r o u g h or over the
same to or from any mine of such holder or person ; or
(b) of any area of private land for the purpose of a tramway or a
mach ine site, or for smel t ing works , or water conservat ion, or for any other purpose in connect ion wi th min ing .
(2) A pe rmi t may he granted by the w a r d e n in the prescribed
manne r , en t i t l ing any such holder or person to enter upon a n y such land for the purpose of m a r k i n g out t h e por t ion to be included in his
| said | applicat ion. |
(3) A lease g r a n t e d u n d e r this section shall be subject to
t h e regula t ions and to s u c h condit ions as t he Governor m a y t h i n k fit to impose, and shall be subject to a r en t payable to the owner of t he land so leased, to h e assessed by the w a r d e n a t t he same t ime as the assessment of compensa t ion .
(4) This section shall n o t app ly to land t he subject of any
| registered lease or ag reement unde r this | P a r t b y t h e O w n e r of pr ivate |
land with t he holder of a miner ' s r igh t to m i n e on the land.
Leases of surface. 61. D u r i n g t he progress of min ing operations any lessee hav ing
| a | lease under th is P a r t empower ing | h im to m i n e b e l o w t h e surface of |
any l a n d may , subject to the regula t ions , apply to t he Minis te r for a lease of any port ion of t he surface thereof, for the purposes of min ing or any purpose i n connect ion therewi th . Such appl ica t ion shall be deal t w i t h as provided in respect of o ther appl icat ions for leases unde r
| th is | Pa r t . |
Term, rent, anal area of lease.
62. (1) The t e r m for which a lease m a y be g ran ted unde r
this P a r t shall no t exceed t w e n t y years ; bu t , subject to such condit ions as t he Governor may approve, any such lease may be renewed for a
| fu r the r | period | no t exceeding | t w e n t y | years . |
(2) The Governor may fix the labour and other condit ions,
reservat ions, and exceptions, to be conta ined in t h e said lease.
63. The area of a lease unde r th is P a r t to m i n e for gold shall
not exceed t w e n t y - f i v e a c r e s , and to m i n e for any minera l shall not exceed e ighty acres, and for any other purpose shal l be of such area as m a y be prescribed :
Provided t h a t upon the r ecommenda t ion of t he Minis ter , the
| Governor | m a y | g r a n t | a | l e a s e | exceeding | t h e a rea | a b o v e | prescr ibed ; |
| but | t h e Minis ter | shall not m a k e | s u c h | recommenda t ion | u n l e s s | the |
| prospect ing board certifies t ha t , by reason of t h e difficulties | and cost |
a t t end ing t he cons t ruc t ion of mine works upon or of m i n i n g such land,
it is necessary t ha t such grea te r area, to be specified by the board,
| should be included in the lease. | 64. |
64. (1) The year ly ren ta l reserved to t he owner of t he land in respect of any such lease shall be t w e n t y shillings per acre, commenc ing from the date of the notification in t he Gazet te of t he approva l of the lease by the Governor and payable half -year ly in advance, and shall be payable only in respect of the port ion of the surface leased.
(2) The warden shall assess compensa t ion to he paid unde r this Ac t in addit ion to t he ren ta l , considerat ion being given to t he compensat ion a l ready paid in respect of t he au thor i ty to enter .
(3) Provided t h a t n o t h i n g in th is section shall p reven t t he
owner or occupier m a k i n g an ag reement w i th t he lessee as to
t h e a m o u n t of ren t and compensat ion .
Rights and duties of lessees. 65. ( 1 ) Every lease g ran ted unde r th i s P a r t , so far as it ex tends
to t h e surface of a n y land, and does not expressly provide to t he
contrary , shall confer t h e r i gh t of—
(a) c u t t i n g and cons t ruc t ing thereon races, drains , dams, reservoirs , or t r amways , and of erect ing thereon bui ldings and m a c h i n e r y
in connect ion wi th t h e m i n i n g or o the r special purposes
author ised by such lease b u t not o the rwise ; (b) fencing the land, and erecting temporary residences thereon
for t h e use of persons employed in connect ion wi th m i n i n g
operat ions t h e r e o n ; and (c) generally doing such acts or things in respect thereof as are necessary for efficiently m i n i n g the land.
(2) Every such lease, so far as it is expressed to have effect below h u t not on the surface of any land, and does not expressly provide to t he cont ra ry , shall confer t he r igh t of doing all such ac t s or th ings below the surface as are necessary for efficiently m i n i n g the said land, b u t no t in such a way as to in jure the surface or a n y t h i n g
thereon .
66. No such lease shal l give t he lessee the r i g h t —
(a)
to use water artificially conserved by the owner or occupier of such land ; or
(b)
to fell trees, strip bark, or cut timber on such land, except wi th t he approva l of the warden, and subject to paymen t to t h e owner of compensa t ion to be assessed as prescribed ; or,
(c)
unless fenced, to depasture horses thereon, or to keep or permi t to be k e p t on such land any dog, unless chained u p or
kep t unde r proper con t ro l ; or, (d) except in connect ion wi th such m i n i n g or o ther operat ions
aforesaid, to remove ea r th or rock therefrom, w i t h o u t t he
consent of t he owner and occupier . 67.
67. (1) N o such lease shall, unless the said land has been
securely fenced, and kep t securely fenced at t he expense of the lessee,
| give to t h e said lessee t h e | r i gh t— |
(a)
to impound any sheep, cattle, horses, or other animals belonging to or in t he cus tody or control of the owner or occupier of t he said land ; or
(b) to d is turb or moles t t h e m in any way whatsoever , or p reven t
t h e m from depas tur ing on the said l a n d ; or (c) to sue in trespass or otherwise in respect thereof.
(2) Every lessee unde r th is P a r t whose lease ex tends to t h e surface of any land shall , if required in wr i t ing so to do by the owner or occupier, cause wi thou t delay a secure fence to he erected a n d kep t in good repair a round any shafts, machinery , or o ther works in connect ion wi th t he min ing under such lease not already so protected.
D I V I S I O N 4 . — M I N I N G BY OWNER.
68. (1) I f t he owner, or t he occupier wi th the consent of the owner, of a n y pr ivate land not appl ied for or occupied for min ing operat ions unde r th is P a r t desires to conduct m i n i n g operat ions by way of prospect ing on such land, or to obta in a lease of such land u n d e r th is P a r t , he may m a k e appl icat ion in t h a t behalf in the prescr ibed manner , and the reupon an au thor i ty to en te r or lease may be gran ted to h im. Such au thor i ty or lease shall confer t h e same r ights
| respect ively as a n au thor i ty to enter or a lease unde r th is | P a r t would |
| confer in the case of other appl icants . |
(2) A n owner or occupier apply ing as aforesaid shall have no preferent ia l r igh ts over other applicants , and shal l be subject to p a y m e n t of royal ty and all o ther provisions of th is P a r t b ind ing upon other appl icants and holders of author i t ies to enter or leases the reunder as t he case m a y be, wi th t h e except ion of assessment and p a y m e n t of r en t and compensat ion, and of those provisions which re la te to such notices, a n d o the r ma t t e r s as t h e owner or occupier would in t h a t
| charac ter have been ent i t led to in the case of an appl icat ion made by some other person. |
(3) A n y owner or, wi th the consent of t he owner, any
occupier of any such land desir ing to mine the reon for coal or shah;
m a y m a k e appl ica t ion in t h a t behalf in the prescr ibed manner , and
| the reupon a lease m a y be granted to him. | The area of any such lease |
| shall no t exceed six hundred and forty acres. |
69. (1) The owner of any private land not applied for or occupied unde r th is P a r t may, wi th t he concurrence of t h e Minister , en ter into a lease or ag reement in wr i t ing wi th any holder of a miner ' s r i gh t giving such holder power to enter such land and take possession thereof and mine thereon for gold or any minera l .
(2)
(2) The area comprised in any such lease or agreement , and t h e t e r m thereof, shall not exceed the ex ten t and t e rm , and shall he subject to t he paymen t of t he royal ty to the Crown (after deduct ion of any sum paid by way of rent) and performance of t he labour condi t ions prescribed in th i s P a r t in respect of a lease the reunder .
(3) Such lease or agreement may be t ransferred wi th t he
concurrence of t h e Minis te r . (4) No such lease or ag reemen t and no such t ransfer shall
have any force or val idi ty unless and un t i l it is registered as prescribed.W i t h i n twenty-e igh t days from the date of the Minis ter ' s concur rence
the rewi th , on regis t ra t ion of a lease or agreement , a fee shall be paid for survey of t h e land.
( 5 ) N o such lease or ag reemen t shall contain any provision
or s t ipula t ion for the payment to t he owner of any sum by way of royal ty upon the gold or minerals won from the land comprised therein.
(0) The land, from the da te of t he receipt by t h e Minister of such lease or agreement , or t he draf t thereof submi t ted for his concurrence, shall, un t i l and unless such concur rence is refused, be exempt from en t ry or occupat ion u n d e r th i s P a r t by any person o ther
( 2 ) The Supreme Court may either order a new trial before
such mining appeal court on such terms as it thinks fit, or may order judgment to be entered for either party as the case may be, and make such order with respect to the costs of the said appeal as such court may think proper. Such orders shall be final, and such appeal shall
be in such manner and form, and subject to such regulations in all
respects as the judges of the Supreme Court may by general rules in
that behalf prescribe.
(3) Such appeal shall be transmitted by the appellant to
the prothonotary, and be set down for argument in the Supreme Court
in the same manner as special cases in actions at law in that court.
DIVISION
DIVISION 2 . — T O SUPREME COURT.
1 6 8 . (1) I f any party to the proceedings in a warden's court is
dissatisfied with the determination by the warden therein as being erroneous in point of law, he may, within the prescribed time, apply in writing to the said warden to state and sign a case, setting forth the
facts and grounds of such determination for the opinion thereon of the
Supreme Court.
( 2 ) The party so applying shall be called the appellant,
and the other party to the proceedings shall be called the respondent.
1 6 9 . Before such case is stated and delivered to the appellant,
he shall lodge with the warden's clerk the prescribed fees, and the sum of twenty pounds, or such less sum as the warden may order, to abide the costs of the appeal, and shall give and provide security to the satisfaction of the warden for the due performance of any order which the Supreme Court may think fit to make.
1 7 0 . (1) I f the warden is of opinion that the application is
merely frivolous, he may then, but shall not otherwise, refuse to state
a case.
( 2 ) Where the warden refuses to state a case lie shall, on
the request of the appellant, sign and deliver to him a certificate of
such refusal.
1 7 1 . (1) Where the warden refuses to state a case, the appellant
may apply to the Supreme Court upon an affidavit of the facts for
a rule calling upon the warden and the respondent to show cause
why such case should not be stated.
( 2 ) The court may make absolute or discharge such rule
with or without costs.
(3) Where such rule is made absolute, the warden, upon
being served with a copy thereof, shall state a case accordingly, upon the appellant lodging the fees making the deposit and giving the security aforesaid.
1 7 2 . The appellant shall, within seven days of receiving the
case, serve notice in writing of such appeal, together with a copy of
the case as stated and signed, on the respondent, and shall thereafter and within the said time transmit such case to the prothonotary of the Supreme Court.
1 7 3 . ( I ) The Supreme Court shall hear and determine the
questions of law arising on such case ; and shall—
(a)
reverse, affirm, or amend the determination in respect of which the case was stated ; or
(b)
remit the matter to the warden with the opinion of the Court thereon; or
(c) make such other order in relation to the matter as seems fit:
Provided
Provided that the court may cause the case to he sent hack for amendment, and thereupon it shal l he amended accordingly, and the order of the court shal l he made after it has been so amended.
(2) The court may make such order as to costs as seems
fit, provided that no warden who has stated and delivered a case in
pursuance of this Act shall be liable to any costs in respect of such
appeal.
(3) All such orders shall be final and conclusive on all
parties.
1 7 4 . (1) The authority and jurisdiction hereby vested in the
Supreme Court may, subject to any rules and orders of the said court in relation thereto, be exercised by a judge of the said court sitting in chambers as well in vacation as in term.
(2) The Supreme Court may make and alter rules and
orders to regulate the practice and proceedings in reference to the
stating of cases as herein provided.
1 7 5 . (1) Any order of a warden affirmed or amended, and any
order made by the Supreme Court on the determination of any such
case, may be enforced in the same manner as an order of the warden
who originally decided the matter.(2) No action or proceeding whatever shall be commenced
or had against any warden for enforcing any such order by reason of
any defect therein,
1 7 6 . (1) Any person who appeals under this Division against
any determination of a warden from which he might appeal to a
District Court, shall be taken to have abandoned such last-mentioned
right of appeal.
(2) Nothing herein shall in any way interfere with,
curtail or limit the powers of any person to apply for a writ of
prohibition against the determination of any warden.
P A R T I X . GENERAL PROVISIONS.
Conditional purchases conversion.
1 7 7 . Notwithstanding anything to the contrary contained in
the Crown Lands Act of 1884, the Crown Lands Titles and Reserva tions Validation Act of 1886, the Conversion into Mining Conditional Purchases Validation Act of 1888, and any Regulations made there under, the right of any holder of a conditional purchase made under
sections thirteen, twenty-one, or twenty-two of the Crown Lands
Alienation
Alienation Act of 1861 to convert such purchase into a conditional purchase for mining purposes shall, except as hereinafter provided, absolutely cease and determine, after the thirty-first day of December, one thousand nine hundred and nine, and no application for such conversion shall be entertained unless lodged in the proper office prior to such date :
Provided that if the chief or most profitable mineral contents
of any land held under conditional purchase as aforesaid consist of
coal or shale (and a certificate under the hand of the Government Geologist shall be accepted by the Minister as conclusive evidence ofsuch contents, but not so as to debar the applicant from tendering any other evidence as to such contents), the right to convert such purchase into a conditional purchase for mining purposes shall subsist until the thirty-first day of December, one thousand nine hundred and thirteen, and application for such conversion may be lodged on or before that date :
Provided further that any right, title, or interest acquired under this Act, or any Act hereby repealed, in respect of any portion of such land shall not be prejudicially affected by any such conversion, "whether applied for before or after the commencement of this Act.
Notices.
1 7 8 . All notices required by this Act to be served upon the
owner or occupier of any private land, or land not Crown land, shall,
except where otherwise in this Act provided, either be served personallyon the owner or occupier or on his local agent, provided the said agent
is registered as such as prescribed, or left at the usual place of abodeof such owner or occupier.
I f in the case of a notice directed to be served on the owner
such owner is absent from New South Wales, or he or his agent cannot after diligent inquiry be found, the notice may be left with the occupier, or if there be no such occupier may be affixed upon some
conspicuous part of the land, and in the latter case such notice shall
be advertised in two issues of a newspaper circulating in the districtin which the land is situated.
Documents and affidavits.
1 7 9 . (1) All documents used in any proceedings in any court
under this Act or in relation to any such proceedings may be in
writing or print, or partly in writing and partly in print.
(2) Any affidavit to be used in any warden's or mining
appeal court, or before a warden, may be sworn before any judge of the Supreme Court or any commissioner for that Court for taking affidavits,
or before the judge of any District Court or any warden or justice.
ContemptContempt of court.
1 8 0 . I f any person wilfully insults any warden sitting in the
discharge of any duties imposed by this Act, or wilfully interrupts the proceedings of any warden's court, or being summoned or examined as a witness in any suit or proceeding in any such court refuses to be sworn or to answer any lawful question, or is guilty of wilful prevarica tion, the warden, if he thinks fit, may commit any such offender to prison for any time not exceeding forty-eight hours, or impose on any such offender a fine not exceeding five pounds for every such offence, and in default of immediate payment thereof, to commit the offender as aforesaid for any time not exceeding forty-eight hours unless the
fine is sooner paid.
In either of the cases aforesaid a warrant in the form prescribed
by the rules may be issued by such warden, or such court, and shall
he good and valid in law without any other order, summons, or adjudication whatsoever, and the bailiff and gaoler to whom the sameis addressed shall obey the same.
Interpleader.
1 8 1 . (1) I f any claim is made to or in respect of any goods
or chattels taken in execution under any process issued out of any
mining appeal court or by a warden, or in respect of the proceeds or value thereof, by any person not being the party against whom such process has issued, the registrar of such court or such warden may, upon application of the officer charged with the execution of such
process, as well before as after any action brought against such officer,
issue a summons calling before the said court or such warden, as well
the party issuing such process as the party making such claim.
(2) Upon the issue of such summons any action which
may have been brought in the Supreme Court or in any District Court in respect of such claim shall be stayed, and the court in which such
action has been brought, or any judge thereof, on proof of the issue
of such summons, and that the goods and chattels were so taken inexecution, may order the party bringing such action to pay the costs
of all proceedings had upon such action after the service upon him
of the said summons.
(3) Upon the return of the said summons, the mining
appeal court or the warden issuing the process, as the case may be, shall adjudicate upon the said claim and make such order between the parties in respect thereof, and of the costs of the proceedings, as to it
or him may seem fit, and such order may be enforced in like manner
as any order made in any suit or proceedings before such court or such warden, as the case may be. Such adjudication and order shall be
final. Recovery Recovery of fees, &c.
1 8 2 . All fees, charges, and sums of money payable under this Act or the regulations may, where no other mode of recovery is provided, be recovered in a court of petty sessions or District Court.
No certiorari.
1 8 3 . No proceedings under this Act shall be removed or
removable by certiorari, or otherwise into the Supreme Court.
P A R T X . REGULATIONS AND RULES.
1 8 4 . The Governor may make regulations carrying into effect
the provisions of this Act, and particularly—
(i) prescribing the modes, times, and places of and for the issue of miners' rights and business licenses and defining the various
classes of tenements which may be held under miner's right;
(ii) prescribing the area and form of land which may be occupied under a miner's right or business license and the dimensions and form of the land to be demised by any lease; the manner in which applicants for the same shall mark out the land applied for; the requirements to be complied with by such persons; the manner of dealing with cases when two or more applications are made for the same tenement or for a lease of the same land or the right to divert, or collect, or use water
for mining for gold or other minerals ;
(iii) determining the dimensions, boundaries, form, and position of any claim, or class of claims, and the subsequent adjustment
of the same where necessary, when such determination shall
take effect, and the number, extent, and classes of claims
conjunction, may take possession of under miners' rights ; which any one person, or any two or more persons in (iv) regulating the cutting, construction, use, and maintenance of
races, dams, and reservoirs upon Crown lands in cases where
leases have not been granted by the Governor;(v) prescribing the manner in which and with what incident rights and obligations, any tenement, or any water taken
or diverted by virtue of a miner's right, shall be taken
possession of, held, occupied, used, worked, or assigned ;
(vi) determining the order of priority among the holders of miners' rights entitled to the use of any water, how such priority is to be regulated, and under what conditions and circumstances;
(vii)
(vii) prescribing the mode of registration of any tenement occupied,
or easement enjoyed under a miner's right, or any share or
interest therein, or encumbrance thereon ;
(viii) providing for the registration of the assignment of any such tenement easement, share, interest, or encumbrance, or of the discharge of any such encumbrance ;
(ix) prescribing the mode of registration of any such share or interest in the case of the death, bankruptcy, or lunacy of the owners thereof, or of the sale of any such share or interest under the decree, judgment or order of any court, or the decision of a warden or mining appeal court;
(x) prescribing the mode of registration of amalgamated claims and of orders for suspension of work ;
(xi) fixing the fees to be charged on any such registration as aforesaid ;
(xii) prescribing the time and mode of taking possession of forfeited
or abandoned tenements, of registering such tenements, and
the labour conditions to be performed by the persons taking
possession of the same ;
(xiii) enforcing and regulating the drainage of tenements ;
(xiv) regulating the mode in which the rights and privileges of the owners of tenements, and easements under a miner's right, may be exercised or enjoyed, and limiting, qualifying,
or restricting the exercise and enjoyment of such rights and
privileges, and generally for the protection of such owners in the exercise and enjoyment of the rights, privileges, and interests conferred by this A c t ;
(xv) prescribing the circumstances and conditions under which any tenement, or any share, right, or interest therein may be deemed to be or be declared abandoned, and the penalty, including forfeiture, for failure to comply with the conditions to be performed by the holder of any tenement;
(xvi) for the prevention of nuisances in and about residences or
places of business held under a miner's right or business license, and for cleansing and keeping clean the same ; (xvii) prescribing how land applied for shall be described in the application;
(xviii) prescribing the forms of applications, notices, and other documents to be used, the fees to be paid in respect of any application and for survey ;
(xix) prescribing the forms of leases and authorities to be granted under this Act, and the covenants, conditions, reservations, and provisions to be inserted therein, and the mode of registering the same ; the conditions upon which they may be issued and the privileges to be enjoyed under them ; the fees to be paid on
issue of leases and upon registration thereof; (xx)
(xx) prescribing the time within which a lessee shall execute the
lease;
(xxi) prescribing the conditions upon which the amalgamation of adjoining leases may be authorised ;
(xxii) prescribing the conditions under which suspension of any condition imposed for the expenditure of money may he granted;
(xxiii) for converting any authority issued under any Act repealed by this Act into a lease or leases, and for enforcing the covenants and conditions thereof;
(xxiv) for converting any lease granted under any Act repealed by this Act into a lease under this A c t ;
(xxv) for prescribing what shall entitle a prospector to concessions as a reward, claim, or lease, and the terms and conditions upon which any such reward, claim, or lease may be granted;
(xxvi) for preventing the accumulation of and for theremoval to some convenient place of sludge, tailings, and other refuse matter oozing or flowing from or connected with any Crown land or private land held or occupied under this Act, and worked
by means of puddling, quartz-crushing, or other machines,
and of waste water, and for the making of such channels as may be necessary for any of the purposes aforesaid, and for otherwise regulating such oozing, flowing, and running to waste ;
(xxvii) for the protection from injury, destruction, and unlawful removal of such machines as last aforesaid, and of pegs, posts,
fences and notices, and of any plant or appliances used for or in
connection with mining under any claim or lease, and for tin1 protection from obstruction of channels, drains, creeks, and rivers used for mining purposes under such claim or lease ;
| (xxviii) |
| ||
| bridges or crossings, and for determining the width of such | |||
| bridges, crossings, and approaches ; | |||
| (xxix) | for making and keeping in repair, and for regulating the width and formation of private ways and passages over claims | ||
| or races, or any Crown lands or private lands used for mining | |||
| purposes, or for or in connection with mining, and for regu lating and imposing conditions on the right to change the direction of any such way or passage, and for the protection | |||
| of the same from injury or obstruction. |
(xxx) for securing the baling of water from mines so as to prevent injury from such water to any mining workings;
(xxxi)
(xxxi) for preventing the defiling or wasting of water used under this Act for domestic purposes, and for determining whether any and what water-hole, spring, or other depository of water shall he reserved for the domestic use of the holders of miner's rights, business licenses, or leases or authorities under this Act, and the mode of such reservation ;
(xxxii) prescribing the procedure to be followed in any inquiry by a warden under this A c t ;
(xxxiii) regulating the working of machinery on dredges, and making provision for the safety of life and property in connection with dredging operations;
(xxxiv) for enforcing any regulation made under this Act by penalties not exceeding fifty pounds in any case; and
(xxxv) generally for carrying into effect the provisions of this Act.
Until such regulations have been made, the regulations in force
at the commencement of this Act for the said purposes shall continue
in force and shall apply to any claim, lease, or holding under this Act.
1 8 5 . The District Court Judges, or any three of them, may,
subject to this Act, make such general rules as they may think fit —
(a)
regulating the practice and procedure of mining appeal courts and warden's courts under this A c t ;
(b)
for the execution of the process of such courts, and in relation to any of the provisions of this Act which relate to such courts;
(c)
the fees to be allowed to barristers and attorneys practising in the said courts ;
(d) the expenses to be paid to witnesses in the said courts ;
(e)
prescribing the forms for matters or proceedings in the said courts;
(f)
for keeping all books, entries, and accounts to be kept by the registrar or clerk of any such court.
All such rules shall, from and after the expiration of the time
fixed therein for the commencement thereof, and after the same
have been published in the Gazette, be of the same force and
effect as if the same had been herein enacted ; and in any case not
expressly provided for herein or by the said rules, the general rules inforce for the time being, made under the District Courts Act, 1901, may
be adopted and applied so far as practicable by wardens and District
Court judges exercising jurisdiction under this Act.
1 8 6 . All regulations and all general rules made under this Act
shall be laid before both Houses of Parliament within fourteen days
after the publication of the same in the Gazette if Parliament is then
sitting, and if not, then within fourteen days after the commencement
of the next session of Parliament.
P A R T
P A R T X I .
PENALTIES.
1 8 7 . Any person who—
(a) mines or employs any other person to mine in, or cuts or constructs any race, drain, dam, or reservoir through or upon, or cuts or removes any live or dead timber, or any earth from any Crown lands without lawful authority shall be liable for each such offence to a penalty not exceeding
ten pounds.
1 8 8 . Any person who on any Crown land—
(a) mines for gold or any other mineral; or
(b) occupies such land for mining purposes ; or
(c) employs any person for any of the above purposes; or
(d) occupies such land for the purposes of any business or for residence,—
shall, unless he proves that he was authorised by or under this or any
other Act to so mine on or occupy such land, or where he so employs any person that the said person was so authorised, be liable to a penalty not exceeding ten pounds.
1 8 9 . Any person who infringes any regulation for the infringe
ment whereof no penalty is prescribed by the regulations, shall be
liable for each such offence to a penalty not exceeding ten pounds.
1 9 0 . Any person duly served with any summons issued out
of a mining appeal court or any warden's court, or by a warden under
this Act, requiring such person to appear as a witness in such court, or on any proceeding for inquiry before such warden, and to whom at the same time payment or tender of his expenses has been made according to the scale to be fixed by the rules, and who refuses or
neglects without sufficient cause to appear according to the tenor of
such summons, shall be liable to a penalty not exceeding ten pounds, but no conviction for such penalty shall exempt such person from any action for disobeying such summons.
1 9 1 . Any person against whom any order, not being an order
for the payment of money, has been made by any mining appeal court or warden's court, who refuses or neglects to obey the same, shall,
where no penalty is herein specified, for such refusal or neglect, be
liable to a penalty not exceeding fifty pounds.
1 9 2 . Any person who—
(a) assaults, obstructs, or resists any warden or any person duly authorised by any mining appeal court or warden in lawfully entering upon any claim or land, or in performing any other act authorised hereby, or any bailiff or other officer, or any clerk or assistant of such bailiff or officer, or any inspector or
other person, in the performance of his duty, or in the exercise
of his powers under this A c t ; or (b)
(b)
after being removed by any warden under the provisions of this Act from any claim or other place, forcibly or clan destinely retakes or retains, or endeavours to retake or retain, possession thereof, or of any portion thereof, or of any share therein; or
(c) after any decision of a mining appeal court, or any decision of a warden's court not reversed on appeal, that any person is
entitled to use for mining purposes, or to divert any water, resists such person or his agents in such use or diversion; or
(d)
upon or in consequence of the decision of any such court against him, assaults or threatens to assault any person in whose favour such decision has been made
shall be liable to a penalty not exceeding fifty pounds.
1 9 3 . Any person who wilfully and corruptly exacts, takes, or
accepts any fee, sum, or reward whatsoever, other than and except
such fees or sums as are lawfully appointed or allowed for or on account
of anything done under the authority of this Act or the regulations,
shall be liable to a penalty not exceeding fifty pounds.1 9 4 . Any person who forges any miner's right, or any lease,
license, or any authority issued or purporting to be issued under
this Act, or fraudulently uses, utters, or exhibits any such forged miner's right, lease, license, or authority, knowing the same to be forged, shall be guilty of a misdemeanour, and shall on conviction thereof be sentenced to imprisonment either with or without hard labour at the discretion of the court for any period not exceeding twelve months.
1 9 5 . Any owner or occupier of any private land as defined in
Part I V , or of any land which is not Crown land as defined in Part V
of this Act, or any other person who—
(a)
obstructs any holder of a lease, or authority to enter, granted under the provisions of the said Parts respectively in doing any act which he is by this Act authorised to do, on, in, or under such land ; or
(b) interferes with, removes, destroys, or defaces any boundary mark authorised by this Act to be placed on any land, shall be liable for a first offence to a penalty not exceeding ten pounds, and for a second or any subsequent offence to a penalty not exceeding
fifty pounds.
1 9 6 . Any person who without lawful authority commences
to mine on, in, or under any private land as denned in Part I V of this Act, shall be liable to a penalty not exceeding ten pounds, and any gold, minerals, or metals obtained by such unauthorised mining may
be forfeited by the court before which he is convicted of such offence.1 9 7 . Any person who knowingly inserts any false quantity or
value in any return directed by this Act to be made or furnished shall
be liable to a penalty not exceeding fifty pounds.
1 9 8 . (1) All penalties imposed under this Act or the regulations
may he recovered in a summary way before any warden who is also a justice, in accordance with the provisions of the Acts in force for the time being regulating proceedings on summary convictions before justices.
(2) Notwithstanding the recovery of any penalty under
this Act, any person may enforce any civil remedy which he may have by reason of the act or default in respect of which the penalty may have been recovered.
S C H E D U L E S .
S C H E D U L E O N E .
| Year and Number. | Title or Short Title. | Extent of Repeal. |
| 3 7 | Vic. No. 13 | . . . | Mining Act, 1 8 7 4 | The unrepealed |
portion.
| 4 3 | Vic. No. 2 8 | . . . | An Act to amend the Act 3 7 Victoria No. 1 3 . . . | The whole. |
| 4G Vic. No. 7 | An Act to further amend the Act 3 7 Victoria | The whole. |
No. 13 .
| 4 8 | Vic. No. 1 0 | . . . | Mining Act Further Amendment Act of 1 8 8 4 . . . | The whole. |
| 4 8 Vic. No. 17 | . . . | Mining Lease Validating Act of 1 8 8 1 ... | The whole. |
| 5 3 | Vic. No. 2 0 | . . . | Mining Act of 1 8 S 9 | The whole. |
| 57 | Vic. No. 3 2 | . . | Mining on Private Lands Act of 1 8 9 1 ... | The whole. |
| 60 Vic. No. 7 | Mining Act Amendment Act of 189G ... | The whole. |
| 60 | Vic. No. 4 0 | . . . | Mining Laws Amendment Act of 1 8 9 6 | The whole. |
| No. 4 4 , | 1 8 9 9 | Gold and Mineral Dredging Act, 1 8 9 9 | The whole. |
| No. | 1 0 2 , | 1 9 0 2 | Gold and Mineral Dredging (Amending) Act, | The whole. |
1 9 0 2 .
| No. | 10 , | 1 9 0 2 | Mining Laws Amendment Act, 1 9 0 1 | ... | The whole. |
| No. | 1 0 1 , | 1 9 0 2 | . . . | Mining on Private Lands (Amendment) Act, | The whole. |
1 9 0 2 . S C H E D U L E T W O .
N E W SOUTH W A L E S .
N O .
[Insert here sum paid for the miner's right.]
Mining district and division or place in which issued.
(Date)
MlNER's RIGHT.
| Issued to | , of | , under the provisions of the Mining Act, |
| 190G, to be in force until |
S C H E D U L E
S C H E D U L E T H R E E .
N E W SOUTH W A L E S . No.
[Insert sum paid for the business license.]
District and division or place in which issued.
(Date.)
[Insert here whether for six or twelve months.]
B U S I N E S S LICENSE.
Occupation
Residence
Issued to , of , under the provisions of the Mining Act of
1906, to bo in force until the day of
0
0
0