Mining Act 1968 (Qld)

396 (Quartsf u n t'l ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1968 An Act to Provide for the Encouragement and Regulation of Mining within the State of Queensland ASSENTED TO 23RD DECEMBER, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Mining Act 1968. 2. Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Mining Act 1968, No. 5 1 397 3. Arrangement of Act. This Act is divided into Parts, Divisions and a Schedule as follows:- PART I-PRELIMINARY; PART II-MEANING OF TERMS; PART III-MINING DISTRICTS AND MINING FIELDS; PART IV-AUTHORITIES CONFERRING RIGHTS TO MINE AND PROSPECT; Division I-Miner's Right; Division 1I-Authority to Prospect; Division III-Mining Lease; Division IV-Compensation for Damage to Improvements on Mining Tenements; PART V-MINING ON RESERVES, RESIDENCE AREAS, AND BUSINESS AREAS; PART VI-CONSTRUCTIONS AND CARRIAGE THROUGH, OVER, OR UNDER ALIEN LAND; PART VII-SLUDGE ABATEMENT; PART VIII-ROYALTIES; PART IX-ADMINISTRATION; Division I-Appointment of Officers; Division II-Wardens Courts; Division III-Special Powers of Wardens and Wardens Courts; Division IV-Appeals from Wardens Courts; PART X-GENERAL PROVISIONS; PART XI-REGULATIONS; SCHEDULE. 4. Repeal . Subject to section 5 of this Act the Acts set forth in the Schedule to this Act are repealed and in this Act are called the repealed Acts. The repeat of any of the repealed Acts shall not affect amendments made by that repealed Act to any Act which is not repealed by this Act. 5. Savings . (I) A goldfield or a mineral field constituted under the repealed Acts and subsisting at the date of commencement of this Act shall be deemed to be a mining field constituted under this Act and, unless the Governor in Council otherwise notifies, shall be called by the name assigned to it as a goldfield or, as the case may be, mineral field. A miner's right issued under the repealed Acts shall be deemed to be a miner's right issued under this Act and shall continue in force for the term it has yet to run at the date of commencement of this Act in accordance with its tenor. A consolidated miner's right issued under the repealed Acts shall continue in force for the term it has yet to run at the date of commencement of this Act in accordance with its tenor subject to the provisions of the repealed Acts which to that extent shall be deemed to continue in force. Where the holder of a miner's right or business licence issued under the repealed Acts is, at the date of commencement of this Act, exercising thereunder a right or privilege conferred on him by the repealed Acts

398 Mining Act 1968, No. 51 he shall, for so long as he continues to be holder of that right or licence, be entitled to exercise the rights and privileges conferred on him as such a holder by the repealed Acts, the provisions whereof shall apply in relation to such exercise and to that extent shall be deemed to continue in force. Subject to the provisions of subsection ( 2) of this section, a gold mining lease, special gold mining lease, mineral lease , special mineral lease , or dredging lease issued under the repealed Acts shall , subject to its own terms and the provisions of the repealed Acts, continue in force for the term it has yet to run at the date of commencement of this Act and to that extent the provisions of the repealed Acts shall be deemed to continue in force: Provided that any renewal of such a lease granted after the date of commencement of this Act shall be by way of a grant of a mining lease which shall he subject to the provisions of this Act and for the purpose of such a renewal and any application therefor such a lease shall be deemed to he a mining lease. An authority to prospect issued under the repealed Acts and suhsisting at the date of commencement of this Act shall be deemed to have been issued under this Act and, for the balance of its term current at that date. shall enure for the benefit of its holder subject to the provisions of this Act. An application for a lease under and in accordance with The Mining Acts 1898 to 1967 in respect of which a lease has not been granted or refused at the date of commencement of this Act shall be deemed to be an application for a mining lease duly made under this Act and any lease granted thereon shall be in accordance with and subject to the provisions of this Act. All Wardens Courts and wardens offices established under the repealed Acts shall be deemed to have been established as Wardens Courts or, as the case may he. wardens offices under this Act and the Governor in Council may make Proclamations with respect thereto and otherwise deal s kith the same as lie is authorised by this Act to do with respect to such courts and offices. A miner's common subsisting at the date of commencement of this Act shall continue to he a miner's common for the purposes of the regulations made under this Act or continued in I'orce for the purposes of this Act until its constitution as such is terminated under and in accordance vvitli those regulations. The repeal of the repealed Acts shall not affect the validity of any lease. claim, licence. permit or other authority under those Acts, or of any act or thine done or omitted purportedly in exercise of any right. power- or authority thereunder or of any determination made by a Warde1ns Court in a proceeding commenced before the date of commencement of this Act. (2) A lessee under a gold mining lease. special gold mining lease. mineral lease, special mineral lease or dredging lease subsisting at the date of commencement of this Act may at any time apply in writing to the Minister that the lease be deemed to he a mining lease under and suhject to this Act.

Mining Act 1968, No. 51 399 The Minister may approve of or reject such an application and in either case shall inform the applicant in writing of his decision and the date thereof. If the Minister approves such an application the lease in question shall, from and after the date of his approval, for the balance of the term thereof it has yet to run, be deemed to be a mining lease, subject to and in accordance with this Act and, to the extent rendered necessary by such presumption, its covenants and conditions shall be read and construed so as to accord with the provisions of this Act and the rights and obligations of the Crown and the lessee thereunder shall be governed by this Act. A person in possession of the instrument of lease deemed, pursuant to this subsection, to be a mining lease shall surrender such instrument to the Minister, should he require it, for the purpose of its being endorsed appropriately that an application under this subsection has been approved. 6. Saving of prerogative rights of Crown. Save as is expressly prescribed in this Act, no provision of this Act shall be construed to abrogate or prejudice the prerogative rights and powers of Her Majesty in respect of gold mines and silver mines. The classification of a mine as a gold or silver mine shall be determined (and, it is declared, always fell to be determined) by the fact that the most profitable metallic product of the ore won from the mine is gold or, as the case may be, silver. PART 11-MEANING OF TERMS 7. Definitions . (1) In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- area "-Any residence area, business area, or prospecting area, or any other land lawfully taken up and occupied under and by virtue of a miner's right for a purpose other than mining; authority "-Any authorization (whether evidenced by a formal document or otherwise) granted by the Governor in Council, the Minister, a Wardens Court. warden, or other entity whatsoever; business area "--Any Crown land lawfully taken up and occupied for business purposes under and by virtue of a miner's right; " claim "-Any portion of Crown land lawfully taken up and occupied for winning and removing mineral therefrom or for any other mining purpose: The term includes any number of such portions lawfully amalgamated by their owners: The term does not include land comprised in a mining lease: company "-A body corporate incorporated or registered in Queensland in accordance with The Companies Acts 1961 to 1964 or any other Act providing for the incorporation or registration in Queensland of companies, or constituted under any law of Queensland:

400 Mining Act 1968, No. 51 " Crown land "-Land other than land- (a) which has been alienated by the Crown in fee-simple; (b) in respect of which a right to a grant by the Crown in fee-simple- (i) has accrued to any person; or (ii) will accrue to any person upon the performance by him of a developmental or improvement condition; (c) an estate in fee-simple in which is being purchased from the Crown; (d) which is a reserve; " dredging "-A method of mining wherein is used a bucket dredge, or a sand pump, or a gravel pump, or water under pressure and any other method of mining, or activity therein, for the time being declared by the Governor in Council to be dredging for the purposes of this Act; " earth's crust "-Includes water in or on the earth's crust; " holder "-When used in relation to- (a) Crown land in respect of which the only title claimed for the purposes of this Act is one based on possession, the person lawfully in possession of that land for the purposes of this Act; (b) a mining tenement (other than land comprised in a mining lease), or an area, the person in whose name the tenement or area is registered in the records of the wardens office of the mining district wherein the land in question is situated; (c) land comprised in a mining lease or in respect of which (no such lease being in existence) there exists an application for such a lease recommended by the Minister, the person who is, for the time being, the lessee under that lease, or as the case may be, the applicant; (d) land (other than land specified in subparagraph (a), (b) or (c) of this definition) taken up and occupied under and by virtue of a miner's right, authority to prospect, licence, or other authority under this Act or any other Act relating to mining, the person in whose name the right, authority to prospect, licence or other authority is issued, but only within the period for which it is in force; (e) a miner's right, authority to prospect, licence, or other authority under this Act or any other Act relating to mining, the person in whose name the document is issued and any person to whom the same has been lawfully assigned, but only within the period for which it is in force; " lake "-A lake, lagoon, swamp or other accumulation of water, of a permanent or temporary nature, which has no flow and which is not contained in an artificial work; " lessee "-Includes an applicant for a mining lease whose application has been recommended by the Minister; " mine "-When used- (a) as a verb, to carry on any operation with a view to or for the purpose of winning mineral from a place where it occurs naturally or extracting mineral from its natural state or

Mining Act 1968, No. 51 401 disposing of any mineral in connexion with such winning or extraction or disposing of waste substances resulting from such winning or extraction; (b) as a noun, a place where any mining within the meaning of subparagraph ( a) of this definition is carried on, and any place or premises ( including those under construction) intended or being maintained at the relevant time for use as a place where such mining will be carried on, and a place where any substance or thing is stored as an associated activity of such mining; " mineral "-Any substance which occurs naturally as part of the earth's crust and any substance which may be- extracted from such a substance other than- (a) living matter, (b) coal, including fire-clay, (c) petroleum within the meaning of The Petroleum Acts 1923 to 1967, (d) soil, sand, gravel, rock, or water to be used or to be supplied for use as such, whether intact or in a broken form, save rock mined in block form for t5uilding, (e) to the extent it is so declared , any other substance for the time being declared by the Governor in Council not to be a mineral for the purposes of this Act either generally or in the circumstances so declared, and, to the extent it is so declared, any substance (including any substance referred to in provisions (a), (b) (c) and (d) of this definition) for the time being declared by the Governor in Council to be a mineral for the purposes of this Act either generally or in the circumstances so declared; " " miner ' s right "- A miner's right issued under this Act or deemed so to be: mining district "-A mining district constituted under this Act; ,,mining field "-A mining field constituted under this Act or deemed so to be; mining lease "-A mining lease granted under this Act or deemed so to be and any renewal thereof: The term includes an application for such a lease recommended by the Minister; " mining purpose "-The purpose of obtaining mineral by any method of mining or of stacking or otherwise storing earth or of treating ore for the recovery of mineral or of doing any act or thing incidental to the proper conduct of mining; mining tenement "-Land comprised in a mining lease or subject to an application for such a lease recommended by the Minister and land taken up and occupied for mining purposes under and by virtue of a miner's right, licence or other authority granted under this Act or any other Act relating to mining and any right of way taken up, occupied, held, used or enjoyed under this Act or any other Act relating to mining: Minister "-The Minister for Mines and any other Minister of the Crown for the time being charged with the administration of this Act;

402 Mitring Act 1968, No. 51 owner "- When used in relation to- (a) land generally, the registered proprietor thereof, the lessee or licensee from the Crown in respect thereof , the person or body of persons who, for the time being, has lawful control of the land in question ( on trust or otherwise ) and the person who is entitled to receive the rent thereof or who, if the land where let at a rack-rent , would be entitled to receive the rent thereof; (b) a mining tenement , or area, the holder thereof and the person who, with the consent of the holder, is in occupation thereof; plan "-A map or plan or a correct copy or tracing of an original map or plan: The term includes a section or elevation public purpose "-Any of the following purposes:- Abattoirs Local government Aboriginal relics Magazines Aerodromes Markets Agricultural and horticul- Memorials and memorial tural societies halls Approaches Museums Asylums and industrial National parks homes Orphanages Baths Bridges Parks, gardens and recreation grounds Buildings Police Canals Ports and harbours Cemeteries, mortuaries and Prisons and lock-ups burial places Public halls Charitable institutions Quarries, ballast grounds Conservation, distribution and gravel pits and utilization of water Racecourses Drainage Railways Easements and rights of Reserves for Aborigines or way Torres Strait Islanders Educational institutions Rest areas Electrical works Roads and stock routes Exhibition and show Scenic purposes grounds State forests Experimental farms Stock control and health Ferries, fords and crossings Stock holding paddocks Fire brigades Tramways Forestry and forestry University colleges products Watercourses Government and govern- Watering-places ment departments Wharves, jetties, ships. Health quays and landing Hospitals places: Landing grounds for air- craft Libraries

Mining Act 1968, No. 51 403 " reserve "-Land (other than land alienated in fee-simple) which is- (a) a road; (b) vested in- (i) the Minister for Education of Queensland; or (ii) the Commissioner for Railways; (c) granted in trust , reserved or set apart for public purposes other than as a Timber Reserve within the meaning of the Forestry Act1959-1968; or ( d) exempted for the time being by this Act or otherwi-ge, wholly or in part , from entry or occupation for mining purposes: Provided that when land is so exempted in part only it shall be a reserve only to the extent to which it is so exempted: The term does not include a miners common; " residence area " -Any Crown land, and any part of the surface of land comprised in a mining lease reserved for residence purposes , lawfully taken up and occupied fo'r the purpose of residence by and registered in the name of the holder of a miner 's right; " road "-A road, whether surveyed or unsurveyed, dedicated, notified, or declared in any manner to be a road for public use and a road comprised of land taken pursuant to any enactment for the purpose of a road for public use: The term includes- (a) any street, esplanade, parade, promenade, avenue, crescent, drive, land, highway, pathway, footway or stock route; (b) any bridge, causeway, culvert or other works in, on, over or under a road; and (c) any part of a road; "shaft "-A vertical or inclined way or opening downwards, whether from the surface or from an underground working which is or could be used for winding, draining, travelling, or ventilating purposes in connection with the working of a mine: The term includes a winze which is or could he so used: warden "-A warden appointed or deemed to have been appointed under this Act; watercourse "-Any natural or artificial channel in which water flows permanently, intermittently or occasionally. A derivative of it term to which a meaning is assigned by this section shall, when used in this Act, bear a meaning corresponding to the meaning so assigned to that term. (2) The Governor in Council may. by Order in Council published in the Gazette, declare any substance to be a mineral for the purposes of this Act and may, in like manner, declare any substance not to be u mineral for the purposes of this Act. Such it declaration may be made with respect to the substance therein specified without limitation or may be limited in relation to any substance therein specified to be effective in specified circumstances or Ior specified purposes. The Governor in Council may. in like manner, declare any method of' mining or any activity therein to he dredging for the purposes of this Act.

404 Mining Act 1968, No. 51 PART III-MINING DISTRICTS AND MINING FIELDS 8. Constitution of mining districts and mining fields . By Proclamation published in the Gazette the Governor in Council may- (a) constitute any land in the State a mining district and assign to such district a name; (b) constitute Crown land in any part of a mining district a mining field and assign to such field a name; (c) abolish any mining district or mining field. 9. Variation , etc., of mining districts and mining fields. By notification published in the Gazette the Governor in Council may- (a) vary the boundaries of any mining district or mining field; (b) alter the name by which a mining district or mining field is, for the time being, called; (c) constitute any part of a mining district an area within which mining shall be carried on only by the holder of a miner's right. Where the Governor in Council has exercised the power conferred on him by subparagraph (c) of this section it shall not be competent, for so long as the notification concerned subsists, to grant a mining lease, an authority to prospect or any other authority to mine (save a miner 's right) in respect of any part of the area in question. PART IV-AUTHORITIES CONFERRING RIGHTS TO MINE OR PROSPECT Division I-Miner's Right 10. Issue of miner ' s right. (1) The Minister may cause to be issued a document called a miner's right which shall be in the prescribed form. (2) A miner's right- (a) shall commence on the date shown therein as the date of its commencement which shall not be a date prior to the date of its issue; (b) shall be in force for the term specified therein which shall not be a period less than one year nor greater than ten years; (c) shall not be transferable except as provided for by this Act. 11. Issue of duplicate miner ' s right. Upon the holder of a miner's right satisfying an issuing officer that the miner's right has been accidentally lost or destroyed, and upon payment of the prescribed fee a duplicate miner's right may be issued to him for the balance of the term for which the miner's right was issued. 12. Rights under miner ' s right . (I) Subject to this Act, a person who by reason of being the holder of a miner's right lawfully takes up and occupies Crown land shall be deemed to be possessed (except as against the Crown) of such land and may in the prescribed manner sell, assign, transfer, let, lease and encumber such land or any share or interest therein: Provided that such a sale, assignment, transfer, letting, lease or encumbrance to a person who is not the holder of a miner's right under which he may take up and occupy such land shall be void.

Mining Act 1968, No. 51 405 (2) Subject to the rights of the Crown therein, all minerals found on or in land lawfully occupied by the holder of a miner's right for the purpose of mining which minerals he has taken up and occupied the land are the property of such holder. 13. Entitlements under miner ' s right . (1) Subject to this Act, the holder of a miner's right shall be entitled to- (a) take possession of and occupy Crown land for mining purposes; (b) cut, construct and use for mining use races and dams, upon and through Crown land ; (c) take or divert water from a natural spring, lake, pool or watercourse situated in or flowing through Crown land and use the water so taken or diverted for mining purposes and for his own domestic purposes; (d) right of way over unoccupied Crown land: (e) erect and maintain any structure upon land lawfully occupied by him under a miner's right and remove the same. (f) cut, remove and use timber and get, remove and use stone, clay and gravel on and from Crown land for the purpose of building for himself while he carries on mining operations a place of residence or for mining purposes; (g) take possession of and occupy as a place of residence or business Crown land and any part of the surface of land comprised in a mining lease reserved and set apart for the purpose of residence or, as the case may be, business. (2) The holder of a miner's right shall not be entitled, under and by virtue of that right, to do any act referred to in subparagraph (f) or (g) of subsection (1) of this section in respect of land situated within any city, town or town-site. 14. Certain land exempt from occupation under miner 's right. (I) A person shall not, by reason of his being the holder of a miner's right. take possession of and occupy or carry on mining operations on or in Crown land which- (a) is lawfully used as a yard, garden, orchard or cultivated field; (b) is actually occupied and on which is erected a house, shed or other building: (c) on which an artificial dam or reservoir is situated or a well or a bore is sunk, except upon payment to the person entitled thereto of compensation to be determined in the manner prescribed. (2) The Governor in Council may, by Proclamation published in the Gazette, proclaim any Crown land or any class of Crown land (in either case specified in the Proclamation) as and or, as the case may be, a class of land in respect of which the holder of a miner's right shall not exercise any of the rights and entitlements conferred by this Act upon him as such a holder. For so long as such a Proclamation continues in force and subject to the provisions of subsection (3) of this section a person shall not. by reason of his being a holder of a miner's right, exercise in respect of that land or class of land any of the rights and entitlements conferred by this Act on such a holder.

406 Miring Act 1968, No. 51 (3) Notwithstanding that there subsists in relation to certain Crown land or a class of Crown land a Proclamation made under subsection (2) of this section the Governor in Council may, by Order in Council published in the Gazette authorize the person or persons specified therein or persons generally being holders of miner's rights to exercise in respect of that land or class of land or any part thereof the rights and entitlements conferred by this Act on the holder of a miner's right or such of those rights and entitlements as are specified in such Order in Council. For so long as such an Order in Council continues in force the holders of miner 's rights so authorized may exercise in respect of the land or class of land specified therein the rights and entitlements conferred by this Act on the holder of a miner's right or, as the case may be, such of those rights and entitlements as are specified therein. 15. Devolution of miner's right and business licence. A miner's right and the rights and entitlements of the holder thereof and all his share and interest in any mining tenement or area taken up and occupied thereunder shall, upon the death of the holder, devolve in law in the same manner as his other personalty and may be disposed of by his personal representative by way of transfer to his beneficiary or next-of-kin in the lawful distribution of his estate and to that extent a miner's right shall be transferable. Where the proper administration of an estate or the condition of any beneficiary or next-of-kin in an estate requires it, a mining tenement or area taken up and occupied under and by virtue of a miner's right may be disposed of by the personal representative concerned by way of sale and assignment to a person who, by reason of his being the holder of a miner's right, is entitled to take possession of and occupy the mining tenement or area. The provisions of this section apply as well in respect of a holder who has died before the date of commencement of this Act as to a holder who dies after that date. In this section the term " miner's right " includes a business licence issued under the repealed Acts and subsisting at the date of commencement of this Act. 16. Effect of ceasing to hold miner's right. Upon his ceasing to be the holder of a miner's right a person shall be deemed to have abandoned any mining tenement taken possession of and occupied by him by virtue of his being the holder of that right. Division II-Authoriti, to Prospect 17. Issue of authority to prospect . (I) Upon the application of any person and upon the applicant complying with the provisions of this Act relating to such an application the Minister may grant and cause to be issued to the applicant an authority to prospect. (2) If the Minister grants an authority to prospect he shall determine, and there shall be specified in the authority to prospect issued,- (a) the description and area (as nearly as may be ascertained) of land within which the holder may exercise his entitlements under the authority,

Mining Act 1968, No. 51 407 (b) the term thereof which shall not. in any case, exceed five years: (c) the rental payable thereunder; (d) the stipulations and conditions to which the authority is subject. (3) Upon the application of the holder thereof, an authority to prospect may be renewed from time to time for such term. and upon such rental, stipulations and conditions as the Minister may determine. 18. Entitlement of holder of authority. Upon payment of the rental specified in the authority to prospect and, should the case require it. upon payment of the fee for the survey of the area in question. the holder shall, during the term of the authority, be entitled to- (a) enter upon any Crown land within the area specified in the authority; (b) therein carry on prospecting operations and otherwise use the Crown land for any purpose authorized by the authority; (c) carry out investigations (whether therein or elsewhere) with a view to winning mineral from that land or to achieving any other purpose authorized by the authority, but for the purpose of such investigations this Act or the authority shall not be taken to authorize entry upon land other than Crown land within the specified area. 19. Cancellation of authority to prospect . If the holder of an authority to prospect fails to pay the rental thereunder or any other moneys payable thereunder or in respect thereof by the due date for payment or fails to comply with any stipulation or condition specified in the authority and by him to be observed or performed, the Minister may. by writing directed to the holder, cancel the authority to prospect and upon receipt of such writing by the holder the authority shall terminate. 20. Discovery of minerals to be reported . (I) The holder of an authority to prospect shall, within fourteen days after the discovery by him of any mineral of commercial value in what appears to be payable quantities within the area specified in his authority, report to the Minister the fact of such discovery and such other particulars as the Minister requires. The Minister may thereupon direct the holder to apply for a mining lease of such area of Crown land as the Minister directs and if that land is not the whole of the Crown land within the area within which the holder may exercise his entitlements under the authority the Minister may direct the holder to continue prospecting operations in the balance of the Crown land within such area and, if he does so, shall cause to be made all necessary alterations and adjustments in the authority to prospect. (2) If the holder of an authority to prospect fails to report the discovery of mineral as prescribed the Minister may cancel the authority as prescribed by section 19 of this Act, whereupon the authority shall terminate. (3) All minerals won under the authority of an authority to prospect shall at all times vest in the Crown.

408 Mining Act 1968, No. 51 13 Division III-Mining Lease 21. Issue of mining lease. (1) Upon the application of any person who has attained the age of eighteen years and upon the applicant complying with the provisions of this Act relating to such an application the Governor in Council may, subject to this Act, grant and cause to be issued to the applicant a lease over Crown land for all or any of the following purposes:- (a) winning from the land such mineral or minerals as are specified in the lease and for all purposes necessary to effectually carry on that mining operation; (b) such purposes (not being that of winning mineral from any land) as are specified in the lease and connected with the purpose of carrying on mining operations. (2) A lease granted under subsection (1) of this section is called a mining lease. (3) Applications for mining leases by persons who have complied with this Act shall take priority according to the order in which they are made: Provided that where two or more applications with respect to or including the same land are made simultaneously they shall take priority according to the order in which the applicants marked out the land in accordance with this Act. (4) Every application for a mining lease shall be considered by the Minister who may recommend the application to the Governor in Council or reject the application. If the Minister rejects an application he shall inform the applicant of the reason for such rejection. 22. Land exempted from grant of mining lease. Subject to this Act, a mining lease shall not be granted over- (a) Crown land taken up and occupied under and by virtue of a miner 's right unless the holder of the miner's right consents to the grant of the mining lease; (b) Crown land within an area the subject of an authority to prospect granted under this Act unless the holder of the authority consents to the grant of the mining lease. In this section the term " miner's right " includes a business licence issued under the repealed Acts and subsisting at the date of commencement of this Act. 23. Trespass to land subject to mining-lease application . A person who enters upon, occupies or interferes with any land in respect of which an application for a mining lease has been duly made and has not at the material time been disposed of by way of grant or rejection commits a trespass unless- (a) he was, at the time such application was made, in lawful occupation of the land in question; or (b) such entry, occupation or interference was authorized by the person referred to in subparagraph (a) of this section or by the Governor in Council.

14 Mining Act 1968, No. 51 409 The applicant may, by way of a proceeding before a Warden's Court, proceed against the trespasser for damages in respect of the trespass and for the recovery of any mineral taken by him from the land or for the value of such mineral: Provided that the applicant shall not be entitled to succeed in such a proceeding unless he satisfies the court that he has complied with the provisions of this Act applicable in respect of the application for the lease applied for so far as such provisions could have been complied with by him at the time of such trespass. 24. Area of mining lease . The area of land which may be included in a mining lease shall not exceed three hundred and twenty acres: Provided that upon proof to the satisfaction of the Minister that the applicant needs a greater area to ensure the effectual and economical mining thereof the Governor in Council may grant a mining lease over such greater area as he deems fit. 25. Term of mining lease. (1) The term of a mining lease shall be of such duration as the Governor in Council in each case agrees to but in no case shall it exceed twenty-one years. Save in the case referred to in subsection (2) of this section, the term shall be renewable from time to time for a further term in accordance with the provisions of subsection (2) of section 26 of this Act. (2) Where upon an application for a mining lease the Governor in Council is satisfied that, by reason that the land the subject of the application, or any part of such land, is required for the purpose of the development of the State other than by mining, it is desirable that the term of the lease with respect to the land so required should not be renewable as prescribed by subsection (2) of section 26 of this Act a lease of the land so required granted upon such application shall be for a fixed term agreed to by the Governor in Council but in no case shall it exceed twenty-one years. Where the Governor in Council is so satisfied, the Minister shall inform the applicant of the purpose for which the land in question is required. (3) Where an application for a mining lease includes both land required for purposes of development as aforesaid and other land a lease granted for a fixed term pursuant to subsection (2) of this section shall be so granted only in respect of the land so required. 26. Renewal of mining leases. (1) A lessee seeking to renew his mining lease (whether it be for a term referred to in subsection (I) of section 25 of this Act or for a fixed term referred to in subsection (2) of that section) shall make application for renewal to the Minister at least twelve months (or such shorter period as the Minister in the particular case, permits) but not more than five years prior to the expiration of the term of the lease then current. (2) If the Minister is satisfied that- (a) the lessee has observed and performed all the covenants and conditions contained in the lease and on his part to be observed and performed; and

410 Mining Act 1968, No. 51 (b) the lessee has complied with all the provisions of this Act applicable to him in respect of the mining tenement in question; and (c) the lessee or a person whose title to the mining tenement in question is legally dependent on the continuance of the mining lease is in lawful possession of the mining tenement, then, save in respect of any part of the mining tenement to which subsection ( 3) of this section applies, he shall grant to the lessee a renewal of the lease for a further term equal to the term sought to be renewed subject to the covenants and conditions commonly included in mining leases at the date of such grant: Provided that the renewed lease may also include such further covenants and conditions as are agreed to by the Minister and the lessee. (3) Where- (a) an application for renewal is made in respect of a lease granted pursuant to subsection ( 2) of section 25 of this Act or previously renewed pursuant to this subsection; or (b) in the case of any other application for renewal , the Governor in Council is satisfied that, were the application one for a mining lease, any lease granted thereon would be granted pursuant to that subsection, the Minister , if he is satisfied of the matters referred to in paragraphs (a). (b) and ( c) of subsection ( 2) of this section , may, in his discretion, grant to the lessee a renewal of the lease for a fixed term agreed to by the Minister, but in no case exceeding twenty - one years, subject to the covenants and conditions commonly included in mining leases granted pursuant to subsection ( 2) of section 25 of this Act at the date of such grant: Provided that the renewed lease may also include such further covenants and conditions as are agreed to by the Minister and the lessee. In a case referred to in subparagraph (b) of this subsection the Minister shall inform the applicant of the purpose for which the land in question is required. (4) Where an application for renewal is made in respect of a lease comprising both land required as prescribed by subsection (2) of section 25 of this Act and other land any renewed lease for a fixed term granted pursuant to subsection ( 3) of this section shall be granted only in respect of the land so required. (5) If the Minister refuses an application for renewal of a mining lease (before or after the date of expiry) he shall inform the applicant of the reason for such refusal. (6) Where an application for renewal of a mining lease is made by the lessee before the date on which the term of the lease then current 'would, but for this subsection, have expired (which date is in this section called the date of expiry) and such application has not been disposed of by the Minister before the date of expiry the mining lease sought to be renewed shall, subject to this section, be deemed to continue until such application is disposed of by the Minister who may grant a, renewal of the lease as prescribed notwithstanding that the date of expiry has passed. The provisions of this Act applicable to and in respect of the mining lease and the lessee thereunder shall apply to and in respect of the lease and the lessee during the period the lease is deemed under this subsection to continue.

Mining Act 1968, No. 51 411 (7) Where the Minister terminates the period for which the term of a mining lease is deemed to be extended under subsection (6) of this section by granting a renewal of the lease the term of such renewed lease shall commence on the date following the date of expiry and all adjustments (called for by reason of the covenants and conditions of the renewed lease ) in the rights of the Crown and the lessee in respect of the period for which the expired lease was so deemed to continue shall be made accordingly. (8) Where a transfer of a mining lease is registered under this Act after the date on which an application for a renewal of the lease is made and before the application is disposed of by the Minister any renewal granted upon the application shall be granted to the transferee under the transfer last so registered before the grant of such renewal. 27. Rental of mining lease. The rental in respect of a mining lease shall be payable in advance, at the rate and in the manner prescribed. 28. Covenants and conditions of mining lease . (1) Without prejudice to the power of the Governor in Council or of an applicant for a mining lease to agree to whatever covenants and conditions (being not inconsistent with this Act) he deems proper,- (a) there shall be included in every mining lease the following covenants and conditions on the part of the lessee, his executors, administrators and assigns to be observed and performed:- (i) a covenant to pay the rental as prescribed; (ii) a covenant to use the land comprised in the lease continuously and bona fide for the purpose for which it is demised and in accordance with this Act; (iii) except in the case of a lease granted for a purpose prescribed in subparagraph (b) of subsection (1) of section 21 of this Act, a covenant to continuously and bona fide work the land comprised in the lease by carrying on mining operations for the purpose for which it is demised with reasonable diligence and skill; (iv) a covenant to perform the prescribed labour conditions subject to any exemption or partial exemption from such conditions granted under this Act or, in the case where the Minister has approved the expenditure of a sum of money in lieu of a performance of labour conditions, a covenant to expend such sum as approved; (v) a covenant to perform such work as, having been determined by the Governor in Council to be proper, is provided for in the lease in question; (vi) a covenant not to assign, sublet or part with possession of the land demised, or any part thereof, except with the consent of the Minister first had and obtained; (vii) a covenant to furnish as prescribed all prescribed returns; (viii) in the case of a lease to be mined by dredging, a covenant with respect to the rehabilitation and resoiling of the surface of the land demised and with respect to the restoration of the surface, as nearly as may be, to its state and condition prior to the commencement of mining operations;

412 Mining Act 1968, No. 51 (ix) a condition that for breach of any of the covenants in the lease on the part of the lessee, his executors, administrators and assigns to be observed and performed the Minister may, subject to this Act, either forfeit the lease or impose on the lessee a penalty not exceeding five hundred dollars and in default of payment of the penalty within the time allowed by the Minister he may forfeit the lease; (x) such other covenants and conditions as are prescribed, and (b) in any mining lease there may be reserved and set apart any part of the surface of the land demised (whether or not such part is delineated in the lease) for any public purpose or for the purpose of business or residence. (2) Upon the Governor in Council approving the grant of a mining lease the lessee shall be deemed to have entered into on behalf of himself, his executors, administrators and assigns and to be subject to- (a) the covenants and conditions commonly included in such mining leases as that approved at the date of the approval; and (b) any covenant or condition specifically approved by the Governor in Council in respect of that lease. (3) A mining lease shall not be forfeited nor shall a penalty be imposed upon a lessee for any cause other than for a breach of the covenant to pay rent as prescribed until the lessee has first been given the opportunity to show cause to the satisfaction of the Minister why the lease should not be forfeited or, as the case may be, why the penalty should not be imposed. A mining lease duly forfeited by the Minister pursuant to a condition of the lease shall thereupon terminate. 29. Security by applicant for observance of covenants . (I) Prior to the granting of a mining lease the Minister may require the applicant therefor to deposit with the Minister a sum of money nominated by him to be held by him as security that if the lease is granted the lessee will observe and perform the covenants and conditions of the lease on the part of the lessee to be observed and performed and that the lessee will comply with the provisions of this Act applicable to the lessee or to the lease and with all orders and directions made or given by the Minister under this Act and directed to the lessee. If the applicant fails to deposit the security required by the Minister the applicant shall not be granted a mining lease on the application in question. (2) If the Minister is satisfied upon the expiration of a mining lease or upon its termination otherwise that the lessee has observed and performed the covenants and conditions of the lease on the part of the lessee to be observed and performed and has complied with the provisions of this Act applicable to the lessee or to the lease and with all orders and directions made or gives by the Minister under this Act and directed to the lessee the Minister shall refund any security deposited in respect of that lease under subsection (1) of this section to the lessee or as the lessee in writing directs. (3) If by reason of default on the part of a lessee the Minister is not satisfied that the lessee is, pursuant to subsection (2) of this section, entitled to a refund of such a security the Minister may cause all things

Mining Act 1968, No. 51 413 to be done as are required to rectify such default and in that behalf may utilize the whole or part of the amount of such security and thereafter shall refund any balance of that amount then remaining in his hands to the lessee or as the lessee in writing directs. 30. Labour conditions attaching to mining leases. (1) Save to the extent that an exemption in respect thereof is granted under this Act and for the time being subsists, a mining tenement leased for the purpose of winning mineral from land- (a) otherwise than by dredging, shall, subject to this section, be worked by the continuous employment at the least of one man for every ten acres or part thereof of the mining tenement; (b) by dredging, shall, subject to this section, be worked by- (i) the continuous employment at the least of three men for every one hundred acres or part thereof of the mining tenement which number may include men utilized in manning the machinery referred to in the next following subparagraph; and (ii) the continuous operation of suitable and efficient machinery (fully manned) of a value specified in the lease in question or of six thousand dollars for every one hundred acres or part thereof of the mining tenement whichever value is greater. (2) Subject to the approval of the Minister first had and obtained, an expenditure which is- (a) not less than two thousand dollars for each year of the term of the lease- (i) for every ten acres or part thereof of a mining tenement leased for the purpose of mining otherwise than by dredging; or (ii) for every one hundred acres or part thereof of a mining tenement leased for the purpose of mining by dredging, and (b) in respect of work performed bona fide and continuously and with reasonable diligence and skill for purposes necessary to the effectual proving, development, and working of the mine or mines in the mining tenement or in respect of the geological or geophysical examination of the mining tenement, shall be taken to be equivalent to the continuous employment of, (i) one man for every ten acres or part thereof of a mining tenement leased for the purpose of mining otherwise than by dredging; or (ii) three men for every one hundred acres or part thereof of a mining tenement leased for the purpose of mining by dredging, and, to that extent , to be sufficient compliance with the provisions of paragraph ( a) or, as the case may be , subparagraph ( i) of paragraph (b) of subsection ( 1) of this section. (3) Buildings or other improvements , machinery, or plant erected or brought onto the mining tenement pursuant to expenditure incurred as a compliance with a provision of subsection ( 1) of this section shall not be

414 Mining Act 1968, No. 51 removed therefrom during the term of the lease in question or any renewal thereof except with the permission of the Minister or for the purpose of effecting necessary repair or renewal thereof. 31. Exemption from labour conditions . The Minister may, as prescribed in regulations made under this Act or continued in force for the purposes of this Act, grant to the lessee a total or partial exemption from the labour conditions attaching to a mining lease on such terms and conditions as he thinks fit. 32. Mining lease where area, etc., unascertained . (1) The Governor in Council may grant a mining lease and the instrument of lease therefor may be issued notwithstanding that the boundaries and area of the land of which such lease is sought are then known approximately only. In such a case the mining tenement and its area shall be specified in the relevant instrument of lease as nearly as may be then ascertained and no such lease shall be avoided by reason only of any defect in the description of the mining tenement. When the boundaries and area of the mining tenement have been accurately ascertained, by survey or otherwise, and either differs from the description or measurement thereof shown in the instrument of lease, the Minister shall, subject to this Act, cause the relevant instrument of lease to be varied accordingly and such instrument shall be construed as if the mining tenement had always been described therein by reference to its boundaries and area as so varied. Notice of every such variation shall be given in writing to the owner of the mining tenement affected thereby. (2) Where, prior to his receipt of such notice of variation, the owner of a mining tenement has placed any improvements, machinery, plant, or equipment on land which, by reason of the variation, has ceased to be part of the mining tenement, he may within one month after receipt by him of such notice, apply to the Minister for a permit to enter upon such land and to remove such improvements, machinery, plant or equipment or any part thereof. Upon application duly made to him under this subsection, the Minister may grant a permit to the applicant which shall remain in force for the period specified therein. While such permit remains in force the applicant together with his workmen and vehicles may enter upon such land and remove such improvements, machinery, plant or equipment or any part thereof. (3) The lessee under a mining lease which may be varied pursuant to subsection (1) of this section shall be deemed to hold indemnified the Crown. the Minister, and all persons concerned in the administration of this Act against all claims arising out of anything done pursuant to this section or done by an owner of the mining tenement comprised in the lease on or in respect of land which, by reason of such a variation, has ceased to be part of the mining tenement. (4) Where pursuant, to a mining lease which may be varied pursuant to subsection (1) of this section mineral is won from land which, by reason of such a variation, ceases to be part of the mining tenement the lessee under the lease shall pay to the Crown, in respect of that mineral, royalty at the rate or in the amount applicable in respect of that mineral won pursuant to the lease.

Mining Act 1968, No. 51 415 (5) The provisions of this section shall be construed so as not to prejudice the right of any person to recover from any person liable therefor damages for injury caused to land which, by reason of a variation pursuant to subsection (1) of this section, has ceased to be part of a mining tenement or to improvements or anything thereon or therein. 33. Correction of instruments of lease. ( 1 ) 1 f at any time it becomes necessary or expedient to correct an instrument of mining lease by reason that- (a) the boundaries of the land intended to be leased are not set forth in the instrument with sufficient certainty; (b) the instrument is defective owing to error in its preparation; (c) from a survey of the mining tenement, or otherwise, more accurate knowledge has been obtained; (d) the Minister (who is hereby authorized so to do) has approved of the exchange pursuant to agreement by the lessees of contiguous mining tenements of areas abutting upon a part of a boundary common to both such tenements; or (e) facts have appeared or been established since the issue of the instrument which satisfy the Minister that a correction of the instrument should be made, the Governor in Council may declare, by Order in Council, the particulars in respect of which it is intended to correct the instrument. The Order in Council shall be registered in the register containing the instrument in question kept in the Department of Mines. When an Order in Council is made under this section the instrument to which it relates shall, subject to any directions in that behalf contained in the Order, be construed and operate as if it had been originally issued as corrected in the particulars declared in the Order. (2) Where the Minister is satisfied that consequent upon the making of an Order in Council under subsection (1) of this section the instrument of lease to which the Order relates should be cancelled and a fresh instrument of lease issued in its stead he shall- (a) cause notice of his intention to seek cancellation of the instrument in question to be given to the lessee and to every other person who, to the Minister's knowledge, has an interest in the mining tenement concerned; and (b) cause notice of his intention aforesaid to be published at least once in a newspaper circulating in the locality wherein is situated the mining tenement concerned, and, after the expiration of one month from the date of the giving or publication of the notice aforesaid, whichever is the later date, he may recommend to the Governor in Council that the instrument of lease in question be cancelled and that a fresh instrument of lease be issued in its stead. The Governor in Council, upon such recommendation and if he is satisfied that the provisions of subparagraphs (a) and (b) of this subsection have been complied with, may cancel the instrument of lease in question and may approve that a fresh instrument of lease be issued in its stead.

416 Mining Act 1968, No. 51 (3) A fresh instrument of lease issued under this section- (a) shall be the instrument of lease issued in respect of the mining tenement concerned in place of the instrument of lease theretofore issued in respect of the mining tenement and cancelled under this section which lastmentioned instrument shall, upon the issue of the fresh instrument, cease to be of any force or effect; (b) shall be delivered to the person who appears to the Minister to be lawfully entitled to possession thereof. (4) [n any proceeding, proof of the making of an Order in Council under this section, whether by proof of the register referred to in subsection (1) of this section or otherwise in a manner acceptable in law, shall be sufficient proof that the Order in Council was duly made. 34. Confiscation of certain instruments of lease. When there is lodged in the Department of Mines an instrument of lease which, in the Minister's opinion, is in such a condition that a fresh instrument of lease should be issued in its stead, the Minister may cause such instrument to be retained by the department and a fresh instrument to be issued in its stead. Such fresh instrument of lease- (a) may bear a form of endorsement which briefly traces the devolution of the title of the lessee from the original lessee to the person appearing as lessee at the time the instrument of lease is so retained; and (b) shall bear endorsement of all apparently subsisting mortgages, encumbrances, charges and other interests affecting the mining tenement concerned and endorsed on the instrument of lease so retained. The Minister shall cause the instrument of lease so retained and every copy thereof within the Department of Mines to be suitably endorsed that a fresh instrument of lease has been issued in its stead. 35. Mining for other minerals. (I) The lessee of a mining lease who desires to mine for a mineral not specified in his lease may apply to the Minister for approval to mine for such mineral. Upon the recommendation of the Minister the Governor in Council may vary the conditions of the lease in such manner as he thinks fit to enable the lessee to mine for such mineral in accordance with this Act. (2) A lessee of a mining lease shall not mine for any mineral not specified in his lease unless he has first obtained the approval of the Minister. A person who contravenes the provisions of this subsection commits a continuing offence and is liable to a penalty of twenty dollars for each day on which the mining is conducted in contravention of these provisions and all minerals won in such contravention shall, without further authority than this subsection, be forfeited to the Crown. 36. Amalgamation of mining leases . (1) Upon the application as prescribed of the lessee or lessees of two or more mining leases (whether such leases are held by the same lessee or by different lessees) the Minister may, if he is satisfied that the mining tenements in question can be more effectively worked in conjunction as if under one lease, in his discretion authorize the amalgamation of such leases.

Mining Act 1968, No. 51 417 (2) The amalgamation of mining leases shall have effect only in relation to the performance of the covenants to employ labour 'or, as the case may be, to expend money contained in each of the leases in question and such covenants shall be taken to be duly performed if in respect of the aggregate area comprised in the amalgamated leases there is employed the aggregate of the number of men or, as the case may be, there is expended the sum of the amounts prescribed in respect of each of the several leases so amalgamated. (3) If the Minister is satisfied that in respect of the aggregate area comprised in the amalgamated leases a reduction in the number of men to be employed or in the amount of money to be expended to duly perform the covenants contained in each of the leases so amalgamated is justified he may permit such a reduction as he considers proper and may subject his permission to such conditions as he thinks fit, whereupon subsection (2) of this section shall, for the period for which the Minister's permit subsists and for so long as the conditions (if any) attaching thereto are fulfilled, apply subject to such reduction. (4) In respect of matters pertaining to the amalgamation of mining leases so amalgamated the mining tenements (wherever situated) held under those leases shall, for so long as the amalgamation subsists, be deemed to be situated in the mining district in which is the warden's office where the application to amalgamate the mining leases was lodged and, to that extent, the Wardens Court to which that district is for the time being assigned shall have jurisdiction accordingly and all other Wardens Courts shall be deprived of jurisdiction accordingly. (5) Upon the application of a lessee of any of the mining leases so amalgamated or upon the transfer, surrender or forfeiture of any of the mining leases so amalgamated the Minister may cancel the amalgamation whereupon the lessees of the several mining leases theretofore amalgamated shall observe and perform the covenants and conditions contained in the leases as they applied immediately prior to the date on which the amalgamation was authorized. 37. Transfer of mining lease . Subject to this Act, a mining lease or any interest therein may be assigned, transferred, sublet or encumbered in the prescribed manner and upon payment of the prescribed fee. 38. Abandonment of application for mining lease. (1) The applicant for a mining lease may, at any time before the instrument of lease is issued, abandon his application in respect of the whole of the area applied for or part thereof. Where an application is abandoned in respect of part only of the area applied for the application shall be amended by excluding that part and the application shall be in respect of the balance of the area. (2) In the case of any abandonment of an application (in whole or in part) all adjustments between the Crown and the applicant in respect of the payment of rental, royalty, fees or other moneys shall be in the discretion of the Minister who for this purpose may demand of the applicant such sums as the Minister specifies and recover the same by action in the Wardens Court as a debt due to the Crown. 14

418 Mining Act 1968, No. 51 39. Surrender of mining lease. (1) The lessee of a mining lease may at any time surrender his interest in the mining tenement or any part thereof if and only if- (a) in the case of any surrender- (i) the lessee has, in the opinion of the Minister having regard to the period of the lease which has elapsed, reasonably fulfilled the covenants and conditions therein and on his part to he observed and performed; and (ii) all sums which have become payable in respect of tile lease up to the date of the surrender have been paid; (b) in the case of a surrender in respect of a part of a mining tenement, that part can be identified from the balance of the mining tenement by reference to a survey plan properly made and registered. (2) Where a mining lease is surrendered in respeci of part only of the mining tenement the instrument of lease shall be amended by excising that part and otherwise as may be required to conform with this Act and the mining lease shall continue in respect of the balance of the area. (3) In the case of any surrender of a mining lease (in whole or in part) all adjustments between the Crown and the lessee in respect of the payment of rental, royalty, fees or other moneys shall be in the discretion of the Minister who, for this purpose, may demand of the lessee such sums as the Minister specifies and recover the same by action in the Wardens Court as a debt due to the Crown. 40. Recovery of possession of mining tenement . Where a mining lease has expired or has been terminated otherwise possession of the land in respect of which the lease subsisted may be taken on behalf of the Crown, without further act or process, by posting a notice in or to the effect of the: prescribed form outside the office of the warden or mining registrar fo *,:c mining district in which the land is situated. A certificate purporting to be signed by the Under Secretary of the Department of Mines, or a warden, or a mining registrar, that such a notice has been duly posted in respect of the land specified in the certificate shall. upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein and that possession of the land so specified has been duly taken on behalf of the Crown. 41. Vesting and disposal of property left on mining tenement. (1) Upon the termination of a mining lease all improvements, machinery, plant, tailings, ore and stone then in or on the land in respect of which the lease subsisted shall be divested from the person or persons in whom they vested immediately prior to the date of termination and, subject to this section, shall become and be the property of the Crown who may dispose of the same but, as respects such improvements, machinery and plant, in accordance with the provisions of this section. (2) Subject to the consent in writing of the Minister first had and obtained, the person who was holder of the mining tease immediately prior to its termination or any other person who appears to the Minister to have a sufficient lawful interest therein may, within three months after the date of the termination or within such longer period as the

Mining Act 1968, No. 51 419 Minister allows, enter upon the land in question and, within any limit of time and subject to any condition imposed by the Minister, remove and dispose of- (a) machinery , plant , and other removable improvements therein or thereon at the date of the termination of the lease excepting any cover, fencing, casing, lining, timbering, ladders, platforms, mounds, dumps, or other things, used to keep open , protected, or accessible any shaft, level, drive, or other excavation: and (b) tailings, ore and stone therein or thereon at the date of the termination of the lease, to the extent he was entitled so to do immediately prior to that date. Every such thing duly removed shall thereur,nn be divested from the Crown and shall become and be the property of the person entitled thereto according to law immediately prior to the date of termination of the lease. (3) Any application for a mining lease over land to which a person is entitled to access pursuant to subsection (2) of this section and any mining lease granted over such land and any occupation of such land under and by virtue of a miner's right shall be subject to the rights of such person as prescribed by that subsection for so long as they subsist and such a mining lease may contain a reservation of the tailings, ore and stone in relation to which such rights exist. (4) All improvements, machinery, and plant the property of the Crown pursuant to subsection (1) of this section may be sold upon the direction of the warden but no such sale shall be by private treaty unless the item in question has first been offered for sale at public auction. The proceeds of such a sale shall be applied as follows:- (i) firstly, in payment of the expenses of the safe; (ii) secondly, in payment of moneys due and payable by the late lessee or applicant to the Crown in right of the State on any account whatever; (iii) thirdly, in payment of moneys due and payable to a Local Authority by the late lessee or applicant for rates levied in respect of the land in question, proportioned to the date of termination of the lease; (iv) lastly, but subject to the provisions of the next following paragraph, in payment to the late lessee or applicant of the balance then remaining. If, at the date of termination of the mining lease , the land in question was subject to a mortgage, lien, charge or other encumbrance registered in the warden's office and, at the date the balance of the proceeds of sale is to be applied any sum secured thereby remains unpaid, the Minister may cause such balance or any part thereof to be applied in satisfaction or part satisfaction of such unpaid sum and the balance otherwise payable to the late lessee or applicant to be reduced accordingly. (5) Where the Minister is unaware of the identity or the whereabouts of a person to whom any part of the proceeds of a sale should be paid pursuant to subparagraph (iv) of subsection (4) of this section and, as a consequence, such part is held by or on behalf of the Crown for a period of six years such part shall, upon the expiration of that period, vest in the Crown free of all adverse interests and no claim thereto shall thereafter be entertained.

420 Mining Act 1968, No. 51 (6) A reference in this section to ore or to stone shall be construe] as a reference to ore or, as the case may be, stone which has been won and is on the surface of the land forming the mining tenement at the time the lease in question terminated. 42. Licence to construct drives through alien land . (1) Where- (a) land comprised in a mining lease is divided either wholly or in part; or (b) lands comprised in two or more mining leases held by the same lessee are separated either wholly or in part; or (c) lands comprised in two or more mining leases amalgamated pursuant to this Act are separated either wholly or in part by land which does not form, in the case of a division, part of the mining tenement or, in the case of a separation, part of any of the mining tenements in question the Governor in Council may, subject to this Act, upon the application as prescribed of any person conducting mining operations in or on a mining tenement so divided or separated, grant to that person a licence to construct drives through such land with a view to enabling the whole of the mining tenement or mining tenements to be effectually worked and mined. Before a licence to construct drives through any land is granted under this section an owner, lessee , mortgagee, lienee , chargee, or encumbrancee of that land or its produce shall be entitled to make to the Minister or to the Minister's nominee, within the period prescribed therefor (if any), his representations with respect to the granting of such licence and to the conditions of any such licence granted. The Governor in Council may require a person for whose benefit a licence under this section is sought to enter into an agreement effectual in law with any such owner, lessee, mortgagee, lienee , chargee, or encumbrances with respect to any matter specified by the Governor in Council as a condition precedent to the granting of the licence and, where he grants a licence under this section, may determine and, if he does so, shall cause to be specified in the licence, the conditions to which the licence is to be subject including, where he considers the case requires it, conditions for the benefit of any such owner, lessee, mortgagee, lienee, chargee, or encumbrances. (2) A person to whom a licence under this section is granted may, under the authority of and during the term of such licence, construct drives through the land specified in the licence and use such drives subject only to the conditions of the licence and any agreement entered into by such person as required by the Governor in Council. (3) The term of a licence granted under subsection (1) of this section shall not exceed the unexpired portion of the term,- (a) in the case of a division, of the mining lease; or (b) in the case of a separation, of the mining lease the unexpired portion of the term whereof is, at the date of the grant of the licence, the longest. A licence may be renewed from time to time in accordance with the provisions of this Act providing for the renewal of mining leases. (4) The holder of a licence may surrender the licence at any time. Upon proof to the satisfaction of the Minister that the holder of a licence has committed a breach of any of its conditions the Governor in Council may cancel the licence which thereupon shall terminate.

Mining Act 1968, No. 51 421 Division IV-Compensation for Damage to Improvements on Mining Tenements 43. Compensation for damage to improvements by mining or prospecting . (1) When Crown land is taken up and occupied by virtue of a miner's right or is included in a mining lease or an authority to prospect, application may be made to the warden by- (a) a person lawfully entitled to mine or prospect in or on that land (in this section called the " miner "); (b) a person for the time being lawfully entitled to possession of that land (in this section called the " lessee "); or (c) a person lawfully entitled to the use of improvements on that land or elsewhere (in this section called the " owner "), to assess the amount of actual damage likely to be caused to improvements situated on or off that land by mining or prospecting. If the warden to whom such application is made is satisfied that actual damage is likely to be so caused to the improvements the subject of the application he shall assess the amount of such damage and, by notice in writing to the miner, shall require the miner to deposit with him, within twenty-one days of the date of the notice, the amount so assessed. The miner shall comply with the notice and, until he does so, he shall not commence to work in or on the Crown land in question. (2) In making an assessment pursuant to subsection (1) of this section- (a) no allowance shall be made for the interest of the lessee in the Crown land so taken up and occupied or included in the mining lease or authority to prospect in question; (b) a diminution in the use which can be made of any improvements likely to be caused by the mining or prospecting shall be deemed actual damage to such improvements to the extent their use is likely to be diminished, An assessment made pursuant to subsection (1) of this section shall be final as between the miner and the person or persons for whose benefit the assessment was made. (3) A warden shall hold an amount paid to him pursuant to a notice under subsection (1) of this section as security to be disposed of as follows:- (a) if the improvements on account of likely damage to which such amount or any part thereof was assessed suffer any damage caused by the mining or prospecting in question, to be paid wholly or in part, as the case may require, to the lessee or, as the case may be, owner; (b) upon the miner abandoning the Crown land so taken up and occupied or included in the mining lease or authority to prospect in question, to pay to him such part of the amount as has not been expended under subparagraph (a) of this subsection. (4) A lessee or owner shall not be entitled to claim any money held by a warden pursuant to subsection (3) of this section in respect of damage caused by mining or prospecting to any addition made to improvements on account of likely damage to which an assessment has

422 Mining Act 1968, No. 51 been made pursuant to subsection (1) of this section or in respect of damage so caused to any further improvements which addition or further. improvement was erected within one year after the making of such assessment unless the written consent of the warden who made such assessment specifying the nature, value and position of such addition or further improvement was obtained prior to such erection and was complied with in all respects. (5) When the mining or prospecting in contemplation of which an assessment is made pursuant to subsection (1) of this section is not commenced within one year of its making the assessment shall lapse and, thereafter, shall be of no force or effect and the miner shall not, thereafter, commence to work in or on the Crown land in question until the warden has made a fresh such assessment and the miner has complied with any notice requiring him to deposit any amount with the warden in accordance with subsection (1) of this section. (6) The provisions of this section or anything done thereunder shall not prejudice the right afforded by law to any owner or lessee to recover from the person liable therefor the full amount of damage sustained by him. PART V-MINING ON RESERVES, RESIDENCE AREAS, AND BUSINESS AREAS 44. Mining leases and authorities to prospect over reserves, etc. (1) Upon the application of any person and upon the applicant complying with the provisions of this Act relating to such an application, the Governor in Council may, subject to this section and notwithstanding any other provision of this Act, grant and cause to be issued to the applicant- (a) a mining lease over'; or (b) an authority to prospect on, land comprised in a reserve (other than a National Park within the meaning of the Forestry Act1959-1968), a residence area, or a business area. (2) The provisions of Division II of Part IV of this Act shall apply, subject to this Part, to and with respect to an application for an authority to prospect which, if granted, would be granted under subsection (1) of this section and to and with respect to an authority to prospect so granted. (3) A mining lease or any authority to prospect granted under subsection (1) of this section shall be subject to the condition that it is a lease of or, as the case may be, an authority to prospect in the earth below the surface of the land and, where a depth beneath such surface is specified in the lease or authority to prospect, below such depth, and the holder of the lease or authority to prospect shall not disturb the surface of the land or the earth above the specified depth or do any act likely to affect the enjoyment of such surface or earth by persons entitled to enjoy the same except within the limits of the consent of the Governor in Council first had and obtained. (4) Without prejudice to the discretion of the Governor in Council to consent or to refuse to consent for the purposes of subsection (3) of this section, the Governor in Council shall, for the purpose of his exercise of that discretion, have regard to the views of the person or authority having the care and management of the reserve in question or, as the case may be, being entitled to rights in the area in question.

Mining Act 1968, No. 51 423 The Governor in Council may subject his consent to such conditions as he thinks fit and may restrict his consent as to time or to a part only of the reserve or area in question. The Governor in Council may require that, as a condition precedent to his giving his consent, the applicant therefor lodge with the Minister a sum in an amount nominated by the Minister as security against damage caused in doing the act for which the consent is sought and if such sum is not lodged as required the Governor in Council shall not consent to the doing of the act in question. (5) Where, pursuant to a requisition of the Governor in Council made under subsection (4) of this section, a sum is lodged with the Minister as security, the Minister shall apply so much thereof as he deems to be just compensation in satisfaction of claims for compensation shown to the satisfaction of the Minister- (a) to have been bona fide made in respect of the damage against which the moneys are held as security; and (b) to have been made within six months after the right to compensation for the damage accrued to the claimant, and shall, upon- (c) being satisfied that he has duly disposed of all claims for compensation made in respect of the damage against which the moneys in question are held by him as such security; or (d) being satisfied that no claims for compensation in respect of such damage are likely to be made to him; or (e) the expiration of three years after the cessation of the act for which such consent was sought, (whichever event shall first occur) cause so much of such moneys as are then held by him to be paid to the person who appears to the Minister to be lawfully entitled thereto: Provided that where, a claim for compensation made to the Minister in respect of damage caused by the act for which such consent was sought remains to be disposed of, the Minister shall retain such moneys until the claim is duly disposed of notwithstanding that the period of three years aforesaid has expired. (7) The provisions of this section or anything done thereunder shall not prejudice the right afforded by law to any person to recover from the person liable therefor the full amount of damage sustained by him. 45. Mining tenements in reserves . (1) By notice published in the Gazette the Minister may declare that on and after a date appointed in the notice the whole or part of the land comprised in a reserve (other than a National Park within the meaning of the Forestry Act1959-1968) will be available to be taken up and occupied as mining tenements under and by virtue of a miner's right and on and after the date so appointed the land shall be available accordingly. (2) The provisions of section 44 of this Act applicable with respect to mining leases of land comprised in a reserve shall, so far as they are applicable, apply to and with respect to mining tenements taken up and occupied pursuant to this section and, for this purpose, a reference therein to a lease or holder of a lease shall be read as a reference to a mining tenement or holder of a mining tenement respectively.

424 Mining Act 1968, No. 51 PART VI-CONSTRUCTIONS AND CARRIAGE THROUGH, OVER, OR UNDER ALIEN LAND 46. Registration and effect of agreements . (1) Where a person who is conducting mining operations on a mining tenement agrees with the owner or occupier of other land which does not form part of the mining tenement that he shall be entitled, in connexion with such operations, to carry any thing through, over or under that other land by means of any pipeline , aerial ropeway, conveyer apparatus, or transmission line, the agreement shall be reduced to writing and shall be registered in the Department of Mines at Brisbane in the State of Queensland. An agreement to terminate such an agreement shall, in like manner, be reduced to writing and registered. (2) Until it is lawfully terminated by an agreement duly registered, an agreement so registered shall, according to its terms, be binding upon and shall enure for'the benefit of, not only the parties thereto, but all persons who from time to time conduct mining operations on the mining tenement concerned and all persons who from time to time are the owners or occupiers of the other land concerned. (3) Where, in relation to such an agreement there is created a lease, easement , right of way, or other interest which affects the other land concerned, the Registrar of Titles (appointed pursuant to The Registrar of Titles Act of 1884) or, as the case may require, the Registrar of Dealings (within the meaning of the Land Act 1962-1968) shall, upon receiving sufficient notice thereof and subject to The Real Property Acts 1861 to 1963, or, as the case may be, the Land Act 1962-1968, note such lease , easement , right of way, or other interest on the instrument of title to the land so affected in such manner as to preserve its priority, or enter a memorial of the instrument creating the same upon such instrument of title and may do so notwithstanding that the easement, right of way, or other interest is not annexed to any other land. For the purpose of making such noting or entering such memorial a plan signed by the Co-ordinator-General of Public Works shall be a sufficient plan. 47. Licence to carry mineral , etc., across alien land . (1) A person who is conducting mining operations on a mining tenement and who desires to carry, in connexion with such operations, any thing through, over or under other land which does not form part of the mining tenement by means of any pipeline, aerial ropeway, conveyer apparatus, or transmission line may apply to the Minister for a licence so to do. The applicant shall give to the owner and to the occupier of land to which his application relates a copy of his application. If the applicant, upon reasonable enquiry, has been unable to ascertain the whereabouts of an owner or occupier of a parcel of land to which his application relates, he shall be taken to have sufficiently complied with the last preceding paragraph of this subsection if he causes a copy of his application (to the extent it relates to that parcel) to be advertised at least once in a newspaper circulating in the locality of that parcel.

Mining Act 1968, No. 51 425 (2) In his application the applicant shall particularize- (a) that which it is-desired to carry through, over or under the land in question; (b) the means whereby it is desired to carry the same; (c) the parcel or parcels of land for authority to traverse which the application is made; (d) the route whereby it is desired to traverse such parcel or parcels, and he shall furnish to the Minister such further information as the Minister requires. 48. Objections to grant of licence. Where an application which complies with the provisions of section 47 of this Act is received by the Minister he shall fix a date by which objections to the grant of a licence may be made and shall cause notification of such date to be given to the applicant and to the owners and occupiers of land concerned whose whereabouts are known to the Minister. For the purpose of making his recommendation in respect of the grant of a licence the Minister shall have regard to the interests of the applicant and of all persons who have objected, within the time allowed, to the grant of the licence. 49. Grant of licence . (I) Where the Governor in Council is satisfied that an applicant for a licence is unable to acquire on reasonable terms, by way of agreement with the owners and occupiers concerned, an entitlement to carry that which it is desired to carry in the manner desired across the land to which the application relates, he may, upon the recommendation of the Minister, grant to the applicant a licence so to do. (2) Upon the grant of a licence and from time to time thereafter the Governor in Council may impose conditions to which the licence shall be subject as he deems just and may from time to time vary the conditions to which a licence is subject. Every such condition imposed at the time of the grant of the licence shall be expressed in the licence issued to the applicant and every such condition imposed thereafter and every variation in conditions shall be notified in writing to the person who for the time being is authorized under the licence. Conditions imposed by the Governor in Council may be such that conditions to which the licence is subject in respect of one or more parcels of land to which it relates may differ from conditions to which it is subject in respect of any other parcel or parcels of land to which it relates. 50. Necessary terms of licence . A licence shall- (a) specify that which may be carried under the authority of the licence and the means whereby the same may be carried; (b) identify, in such manner as the Minister deems sufficient, the land through, over or under which the thing in question may he carried under the authority of the licence;

440 Mining Act 1968, No. 51 the court to which is assigned the mining district in which the mining tenement is situated or, as the case may be. the prospecting operations are being carried on; (d) where the plaint concerns a matter touching a residence area. business area or land the subject of an authority to prospect or other authority granted under this Act or any other Act relating to mining, the court to which is assigned the mining district in which the land is situated; (e) the court in any mining district if all parties to the plaint consent in writing to the plaint's being heard and determined in that court and such consent is filed in the wardens office for the district assigned to that court: Provided that- (i) where a proceeding before a Wardens Court should have been brought before another Wardens Court; or (ii) it appears either to a Wardens Court or to the warden who would constitute that court that a proceeding before that court or to be brought before that court could be more conveniently dealt with in another Wardens Court, the court may order or, as the case may be, the warden may arrange that the proceeding be transmitted to the other court which shall be deemed to have jurisdiction to hear and determine the matter notwithstanding any provision of this Act. 82. Penalty on witness failing to testify. A person on whom has been served in the prescribed manner a summons issued by a warden and directed to such person requiring him to appear as a witness before a Wardens Court or a warden and to whom the prescibed expenses have been paid or tendered who- (a) fails without sufficient cause to appear as required by the summons; or (b) having so appeared, refuses to be sworn or to be otherwise lawfully attested as a witness or to answer any question which in the opinion of the warden is relevant to the enquiry, shall be liable, upon the order of the Wardens Court before which or warden before whom he is required by the summons to appear as a witness, to pay a sum not exceeding fifty dollars and to be imprisoned until the sum ordered is paid or for seven days whichever is the shorter period. Where such a person fails to appear the warden concerned (whether sitting as a Wardens Court or otherwise), irrespective of any other order he may make, may issue his warrant directed to all members of the Police Force to bring and have such person at a time and place therein stated before the Wardens Court or, as the case may require, warden to testify concerning the matter of enquiry and the hearing of such matter may be adjourned to that time and place upon such terms as to costs as the warden thinks just. A warrant so issued shall be sufficient authority to any member of the Police Force to execute the same according to its tenor, 83. Contempt of court . ( I ) I f any person- (i) wilfully insults a warden or a registrar, bailiff or other officer of a Wardens Court, during his sitting or attendance in court, or in going to or returning from court or, in the case of a warden, while lie is exercising a judicial function under this Act otherwise than in a Wardens Court; or

Mining Act 1968, No. 51 441 (ii) wilfully interrupts the proceedings of a Wardens Court or before a warden exercising a judicial function under this Act otherwise than in a Wardens Court or otherwise misbehaves himself in court, or (iii) unlawfully obstructs or assaults any person in attendance in a Wardens Court or before a warden exercising a judicial function under this Act otherwise than in a Wardens Court; or (iv) without lawful excuse, disobeys a lawful order or direction of a Wardens Court or a warden at the hearing of any proceeding, he shall be guilty of an offence and may be excluded from the room or other place where the Wardens Court or, as the case may be, the warden is sitting, by order of the court or, as the case may be, the warden, and, whether or not he is so excluded, may be dealt with as provided by this section. (2) A bailiff or other officer of the court or a member of the Police Force may, by order of the court or, as the case may be, warden, with the assistance of other persons should the case require it, take the offender into custody and detain him until the rising of the court or, as the case may be, until the warden has ceased on the date in question to exercise the relevant judicial function. (3) A Wardens Court or, as the case may be, warden may order the offender, whether or not he is excluded as aforesaid or taken into custody as aforesaid, to be committed to prison for a period not exceeding fourteen days or may impose on him a fine not exceeding one hundred dollars and in the latter event may also order that in default of immediate payment the offender shall be committed to prison for a period not exceeding fourteen days unless the fine is sooner paid. (4) In imprisoning or fining an offender under this section the court or warden may act on its or his own view and there shall be no need to take evidence or issue a summons but at any time before the rising of the court or, as the case may be, before the warden has ceased on the date in question to exercise the relevant judicial function, he shall be called upon to show cause why he should not be punished. 84. Interpleader proceedings . A person may avail himself of interpleader proceedings in a Wardens Court subject to and in accordance with (as nearly as may be) the rules pertaining to interpleader proceedings made under The Magistrates Courts Acts 1921 to 1964. Division III-Special Powers of Wardens and Wardens Courts 85. Power to order deposit of mineral , etc. Where in a proceeding concerning a matter within the jurisdiction of a Wardens Court a party claims to be paid or to be put into possession of any money or any mineral. coal or petroleum, ore or other thing the warden of the court having jurisdiction in respect of the matter may. upon the application of any party to the proceeding, if he is satisfied that the applicant has given at least twelve hours' notice that he proposes to make the application to- (a) all parties to the proceeding who may wish to oppose the application; or

442 Mining Act 1968, No. 51 (b) such of the parties referred to in provision (a) of this subsection as, in the opinion of the warden, are sufficiently representative of all the parties so referred to, by order under his hand direct any party to the proceeding to deposit with the person, at the place and upon the terms specified in the order and within the time or times appointed in the order, to abide the determination of the proceeding by the warden or, as the case may be, Wardens Court or, in the event of an appeal from the determination of the court, the judgment of the court on appeal, any money, mineral, coal or petroleum, ore, or other thing, defined in the order which. may, at the date of making the order or at any later date prior to the date of such determination, be or come into the possession or control of such party and any order made by him shall be of the same force and effect and may be enforced as if it were an order of a Wardens Court. 86. Inspection of mining tenements , etc. (1) At any time before or during the hearing of a plaint by a warden or a Wardens Court any party to the proceeding may apply to the warden that he make an inspection of the mining tenement, land or thing in dispute. (2) If it appears to a warden that for the proper determination of a proceeding he should make an inspection of the mining tenement, land or thing in dispute he may make the inspection, either of his own motion, or upon the application of any party to the proceeding: Provided that in no case shall a warden make such an inspection unless all parties to the proceeding have been given reasonable notice of his intention to make the inspection and of the date, time and place of the inspection. (3) The costs occasioned by or incidental to an inspection shall be costs in the proceeding and be paid as the warden or, as the case may be, Wardens Court orders. 87. Warden may order survey. If, at any time before or during the hearing by a warden or a Wardens Court of a plaint, it appears to the warden that it is necessary for the proper determination of the proceeding that a survey be made of any mining tenement, land, water, stack or other accumulation of ore, or reservoir the warden or, as the case may be, the Wardens Court may order any party to the proceeding as, to him or it, appears just to cause such survey to be made and the costs of or incidental to such survey shall be costs in the proceeding and shall be paid as the warden or, as the case may be, the Wardens Court orders. 88. Power of Wardens Court to order surrender of minerals. A Wardens Court may, upon determining any proceeding before it, order that a person ordered by the court to pay any amount in respect of a debt, damages or costs shall, within the time appointed by the court, deliver to the party to whom payment is ordered to be made or to the court itself for delivery to such party any ore, mineral, coal, or petroleum in the possession of apd being the property of such person in satisfaction or part satisfaction of the amount ordered to be paid and for this purpose may fix a value of that which is ordered to be delivered. An order made under this section shall not prejudice the recovery of the amount ordered to be paid by any other process or, where delivery of ore, mineral, coal or petroleum is made in part satisfaction of the amount ordered to be paid, the recovery of the balance of such amount.

Mining Act 1968, No. 51 443 89. Warden may hear and determine plaint summarily. (1) Notwithstanding any provision of this Act, upon the making of an oral or written plaint concerning any matter within the jurisdiction of the court of which he is warden, a warden, with the consent of all parties to the plaint, may, either forthwith or at a time agreed to by all such parties, and at any place within a district assigned to the court of which he is warden, investigate the matter of plaint and determine the same in a summary way, on his own view or on the evidence of witnesses. In the exercise of his powers under this section a warden may exercise the powers and authorities of a Wardens Court and as effectually dispose of the matter of plaint in question as if the plaint had been heard and determined by the court of which he is warden and any order made by him shall be of the same force and effect in law and may b. enforced as if it were an order of that Wardens Court. (2) The determination of a warden made under subsection (l) of this section shall be final and binding upon the parties to the plaint in question and no appeal shall lie in respect thereof. (3) Where a warden hears and determines the matter of a plaint under subsection (1) of this section he shall make such records and entries concerning the proceedings in the cause list of the Wardens Court as if it had been heard and determined by him constituting a Wardens Court. Division IV-Appeals front Wardens Court 90. Appeals from Wardens Court. (I) Save where this Act or any other Act relating to mining otherwise prescribes any party aggrieved by a determination of a Wardens Court may, subject to this Act, appeal therefrom to a District Court which shall have jurisdiction to hear and determine the same as prescribed: Provided that in a case where an amount not exceeding two hundred dollars is claimed, and no other relief is sought, an appeal shall not lie unless the District Court or a judge thereof, upon being satisfied that an important principle of law or justice is involved, grants leave. (2) A person seeking to appeal from a determination of a Wardens Court shall, within the time and in the manner prescribed, give to every other party to the proceeding in which the determination was made, or to his solicitor, notice of appeal wherein shall be set out the grounds of appeal, and give security (approved by the mining registrar of that court) for the costs of the appeal or, instead of giving such security, deposit with the mining registrar the prescribed amount to cover the costs of the appeal. (3) An appeal shall not be defeated by reason only of a defect in substance or in form in the contents of the notice of appeal. If at the hearing of an appeal it appears to the judge that there is such a defect he shall, upon an objection taken thereto or, in the absence of an objection, may make such order for the amendment of the notice as appears to him to be necessary or desirable in the interests of justice and may make such order as to any costs occasioned by the defect and amendment as to him appears just.

444 Mining Act 1968, No. 51 91. Appeal not available in certain cases. An appeal shall not lie from a determination of a Wardens Court where- (a) before the determination is made, all parties to the proceeding in question agree , in writing signed by themselves or by their respective solicitors or agents , that the determination of the Wardens Court shall be final; or (b) the determination consists of a recommendation upon an application before the court, or a finding upon which the Governor in Council or the Minister may exercise his discretion to do or refrain from doing any act or thing. Where the parties to a proceeding have made an agreement in terms of subparagraph (a) of this section the warden shall make an entry to that effect in the record of the proceeding. 92. Hearing of appeal from Wardens Court. (1) An appeal from a determination of a Wardens Court shall be by way of rehearing and upon consideration of the record of proceedings before the Wardens Court and, if the District Court (subject to this section) thinks fit, any further evidence admitted by it, the District Court may- (a) dismiss the appeal; (h) rescind the order made by the Wardens Court; (c) make the order which it considers should have been made by the Wardens Court in the first instance; (d) make any order as to costs and any incidental order it considers just. A District Court shall not admit further evidence upon an appeal from a determination of a Wardens Court unless- (i) it is satisfied that admission of the evidence is necessary to avoid grave injustice and there is sufficient reason that the evidence was not previously adduced; or (ii) the appellant and respondent agree to its admission. (2) To the extent necessary to enable an appeal from a determination of a Wardens Court to be effectively disposed of a District Court shall be deemed to possess all the powers, authorities and jurisdiction of the Supreme Court required to determine all questions arising from the proceedings in question including the jurisdiction to grant equitable remedies and to determine title to land and, furthermore, shall have and may exercise all the powers and authorities conferred by law upon a Wardens Court for the purpose of determining matters of plaint before it. (3) Where upon such an appeal a District Court substitutes its order for that of the Wardens Court its order shall be of the same force and effect as if it were made by the Wardens Court in the first instance and may be enforced as an order of that court. 93. Appeal not to arrest determination . The institution of an appeal from a determination of a Wardens Court shall not operate as a stay of execution upon the determination unless the warden having jurisdiction at the place where the determination was made or a judge of the District Court to which the appeal is brought otherwise orders. Where application is made to the warden or to the judge for an order staying execution the warden or judge may, in addition, make such other order in the nature of an injunction, appointment of a receiver, payment of money to the warden or to the District Court to abide the event of the appeal or otherwise as appears to him desirable.

Mining Act 1968, No. 51 445 94. Case stated . A judge of a District Court who is hearing an appeal from a determination of a Wardens Court may, of his own motion or at the request of any party to the appeal, reserve for the opinion of the Supreme Court any question of law arising on the appeal. Any question of law so reserved shall be submitted by way of Case Stated settled by the judge of the District Court to the Supreme Court which shall adjudicate thereon and may make therein any order as to costs as to the court seems just. 95. Certiorari not available . A proceeding instituted in accordance with this Act shall not be removable by way of certiorari or otherwise into the Supreme Court. PART X-GENERAL PROVISIONS 96. Restriction on holdings by bodies corporate . A miner's right, an authority to prospect, a mining lease, or any other authority granted under this Act or any other Act relating to mining shall not be granted to or held by a body corporate unless it is a company. 97. Restriction on alienation , etc., of land in mining field. Notwithstanding the provisions of the Land Act 1962-1968 Crown land situated in a mining field shall not be alienated by way of grant or lease under those Acts or occupied by any person under those Acts without the approval of the Minister first had and obtained. 98. Offences with respect to unauthorized mining . (I) A person shall not- (a) carry on mining operations on Crown land other than land comprised in a mining lease unless he is the holder of a miner's right; (b) employ or suffer any other person to carry on mining operations on Crown land other than land comprised in a mining lease unless that other person is the holder of a miner's right: (c) occupy or erect any structure on Crown land within a mining field unless he is duty authorized thereunto; (d) carry on mining operations on or remove any mineral or ore from the mining tenement of any other person save with the permission of that other person; (e) do on Crown land any act which the holder of a miner's right is entitled by this Act to do under and by virtue of the miner's right unless he is lawfully authorized to do that act. (2) A person shall be deemed to be duly authorized for the purposes of subparagraph (c) of subsection (1) of this section if he does the act in question under- (i) a lease, licence. or other authority under the Land Act 1962-1968, The Miners' Homestead Leases Acts 1913 to 1965, or any other Act relating to the alienation of Crown land; (ii) a lease, licence, or other authority under The Petroleum Acts 1923 to 1967, or The Coal Mining Acts 1925 to 1967;

446 Mining Act 1968, No. 51 (iii) a miner's right, an authority to prospect, a mining lease, or any other authority under this Act or any other Act relating to mining. (3) A person shall be taken not to have contravened- (a) the provisions of subparagraph (a) of subsection (1) of this section if it is shown that he was employed on wages to carry out the mining operations in question; (b) the provisions of subparagraph (b) of subsection (1) of this section if it be shown that the person alleged to be employed or suffered to carry out the mining operations in question was employed on wages to carry out those operations. (4) A person found contravening any provision of subsection (1) of this section may, whether or not he is prosecuted for an offence, be ejected (with such force as is necessary) from the land whereon he is contravening the provision by any warden, land ranger, member of the Police Force, or person authorized in that behalf by a warden. 99. Removal of trespassers . (1) A person who reasonably believes that any other person is, without lawful authority, in occupation of Crown land within a mining field under colour of- (a) a lease, licence or other authority under the Land Act 1962-1968, The Miners' Homestead Leases Acts 1913 to 1965, or any other Act relating to the alienation of Crown land which has or has been terminated; or (h) a lease, licence or other authority under The Petroleum Acts 1923 to 1967 which has or has been terminated: or (c) a miner's right, authority to prospect. mining lease, licence or any other authority under this Act, the repealed Acts, or any other Act, relating to mining, which has or has been terminated, may. upon being authorized in that behalf by the Minister, make plaint before a mining registrar or justice of the peace who may issue his summons calling upon the person to whom it is directed to appear before a Wardens Court at the time and place named therein to show cause why he should not be removed from the Crown land in question. If the person so summoned fails to appear at the time and place named in the summons or at any time and place to which the hearing may from time to time be adjourned or, having appeared, fails to show sufficient cause to the satisfaction of the Wardens Court, the warden shall issue his warrant addressed to such authorized person and to all members of the Police Force requiring the removal of the person summoned from the Crown land in question and the taking possession of such land on behalf of the Crown and such warrant shall be sufficient authority for the authorized person or any member of the Police Force to execute the warrant according to its tenor using such force as is necessary for the purpose. (2) The holder of any miner's right, authority to prospect, mining lease, licence or other authority under this Act, the repealed Acts, or any other Act relating to mining or under The Miners' Homestead Leases Acts 1913 to 1964, or The Petroleum Acts 1923 to 1967, who reasonably believes that any other person is. without lawful authority, in occupation

Mining Act 1968, No. 51 447 of any part of the land subject to such right, lease. licence or authority may make a like plaint and, subject to the mining registrar or justice of the peace issuing his summons, the like proceedings and consequences shall ensue as are prescribed by subsection (1) of this section with respect to the plaint therein referred to. (3) The provisions of this section and of section 98 of this Act shall operate in addition to and not in lieu of the provisions of sections 372 and 373 of the Land Act 1962-1968. 100. Offence to resist warden , etc. A person shall not- (a) assault, resist or wilfully obstruct a warden, bailiff'. member of the Police Force or other person engaged in executing his duty or exercising his powers for the purposes of this Act or of any other Act relating to mining: (b) forcibly or clandestinely retake or attempt to retake possession of land from which he has been removed pursuant to this Act or of any part of such land: (c) resist or wilfully obstruct any person in the exercise by him of his rights under a determination of a Wardens Court or engaged in putting such a determination into effect; (d) assault any person in whose favour a determination of a Wardens Court has been made on account of such determination. 101. Incapacity to sue without miner ' s right . A person shall not be entitled to institute proceedings or counter-claim in.any court- (a) to recover possession of a mining tenement or of any share or interest therein; (h) to recover damages for or to restrain the occupation of or encroachment upon or interference with a mining tenement or any part thereof: (c) to obtain relief against another with whom he carries on (in whatever capacity styled) the business of mining on a mining tenement in respect of any matter arising out of the carrying on of such business, unless he was a holder of a miner's right at the time when his alleged entitlement to recover or obtain relief accrued. The provisions of this section do not apply to a cestui que trust seeking to enforce a trust with respect to a mining tenement. or to a person suing in any court or tribunal for the recovery of wages or of moneys due under an award within the meaning of The Industrial Conciliation and Arbitration Acts 1961 to 1964. In this section the term " mining tenement " means land taken up and occupied under and by virtue of a miner's right. 102. Minor capable of suing and being sued . The holder of a mining tenement who has not attained the age of twenty-one years or the holder of a miner's right who has not attained that age may sue and be- sued in a Wardens Court in respect of any matter within the jurisdiction

448 Mining Act 1968, No. 51 of that court as if he were of full age and all mining tenements and other lands taken up and occupied by him under and by virtue of a miner's right and mining tenements held by him under mining lease may be taken in execution and sold under legal process. 103. Offences and recovery of penalties , etc. (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, save where a specific penalty is otherwise prescribed, is liable to a penalty of five hundred dollars or to imprisonment for a period of three months or to both such penalty and imprisonment. (2) A proceeding against any person who commits an offence against this Act may be taken before a Wardens Court or a Magistrates Court, in either case by way of summary procedure under and in accordance with The Justices Acts 1886 to 1968. (3) All moneys payable under this Act, other than by way of a penalty (whether for an offence, or for a breach of the covenants of a mining lease, or otherwise) may be recovered by proceedings by way of summary procedure under The Justices Acts 1886 to 1968 taken before a Wardens Court or a Magistrates Court, or by way of action for debt in a Wardens Court. (4) For the purposes of a proceeding taken before it by way of summary procedure under The Justices Acts 1886 to 1968, a Wardens Court shall have and may exercise all the powers of a Magistrates Court subject to and in accordance with those Acts. 104. Acting in aid of warden . Whenever a warden is empowered or required by this Act to cause any act to be performed and the manner of performance is not expressly prescribed it shall be lawful for any person to perform such act tinder the oral authority of the warden where the act is performed in his presence or under the written authority of the warden where the act is performed in his absence. All members of the Police Force shall, when required by a warden, act in aid of the warden in the discharge by him of his duties and in the exercise by him of his powers under this Act. 105. Exemption from Stamp Duty. Notwithstanding any Act to the contrary, the Governor in Council may, by Order in Council published in the Gazette. exempt from stamp duty any document of a description specified therein and relating to the mining of or prospecting over any land and, for so long as the exemption subsists, such a document shall be exempt accordingly. PART Xf-REGULATIONS 106. Power to snake regulations . (1) The Governor in Council may make regulations not inconsistent with this Act prescribing, regulating. and prohibiting with respect to all matters necessary or desirable for the proper administration of this Act or for achieving or better achieving the objects and purposes of this Act. (2) Without in any way limiting the generality of the power to make regulations conferred on him by subsection (I) of this section, the Governor in Council may make regulations with respect to- il the classes of mining tenements and areas which may be taken up and occupied under this Act, and of the purposes for which land otherwise may be taken up and occupied under this Act;

Mining Act 1968. No. 51 449 (ii) the eligibility of persons to take up and occupy mining tenements, areas , or other lands under this Act; (iii) the manner and the form in which applications for miner's rights, authorities to prospect , mining leases or other authorities under this Act, and objections thereto, or for the registration of any mining tenement, area or other tenure of land taken up and occupied under and by virtue of a miner's right, or any share or interest therein, shall be made and dealt with; the priorities of and the manner of disposal of such applications; (iv) the identification (by pegging, surveying or otherwise) of mining tenements, areas, or other lands which are sought to be taken up and occupied for any purpose under this Act; the number, area and classes of mining tenements, areas, and such other lands which may be taken up and occupied by any person or by two or more persons; determining the dimensions, boundaries, form, position and area of any mining tenement, area, or such other land or classes thereof; the adjustment of any of the same ; the correction of any mining lease , authority to prospect or other instrument required by such adjustment; the rights and obligations of the Crown and all other persons concerned upon such a correction; (v) the grant, issue , forfeiture, suspension and cancellation of miner 's rights, authorities to prospect, mining leases and any other authority available under this Act, mining tenements, areas , and other tenures of lands taken up and occupied under and by virtue of miner's rights, and any share or interest therein; the conditions subject to which any of the same may be effected; the imposition of pecuniary penalties in lieu of such forfeiture or cancellation; the registration of miner's rights, authorities to prospect, mining leases and other authorities under this Act and of any such tenement, area or other tenure and any share or interest therein and of any transaction, transmission or other event affecting the same in law; the effect of such registration; (vi) the conditions subject to which mining tenements, areas, or other land may be taken up and occupied for any purpose under this Act; (vii) the covenants and conditions (including labour conditions) which may be included in mining leases, or authorities to prospect or any other authority granted under this Act; exemption from the performance of such covenants or the operation of such conditions; (viii) the entitlements of holders of miner's rights to water or any other thing, the order of priority thereto among such holders and the regulation of available supplies to such holders: the cutting, constructing, use, and maintenance of races, dams, and reservoirs upon Crown land; (ix) the relinquishing, abandoning, or desertion of mining tenements; the circumstances and manner in which the holder of a mining tenement may relinquish, abandon or desert the same without incurring the consequences of a forfeiture; (x) the mode of assigning, transferring, sub-letting, encumbering, or otherwise dealing with mining tenements, areas, or other lands taken up and occupied under this Act or the repealed is

450 Mining Act 1968, No. 51 Acts; the enforcement or discharge of any encumbrance on the same; the rights and obligations of an encumbrancer and an encumbrancee thereof or of an assignee, transferee or sublessee thereof; the order of priority of two or more encumbrancees; (xi) the accumulation , treatment , disposal and removal of sludge, mining debris , and waste water and other matter on and from mining tenements; (xii) the protection from injury or unlawful removal of any improvements, machinery, plant or equipment situated on any mining tenement and of any races, drains, dams , reservoirs, stored water , pegs, posts , fences, notices or other things used in connexion with mining ; the protection from obstruction of races , drains , dams, reservoirs , channels, and watercourses used in connexion with mining; (xiii) the construction , specifications , and maintenance of dams or reservoirs used or constructed for use in connexion with mining ; and of bridges or other crossings over races , drains, and watercourses used in connexion with mining and which are cut across a road or other public way or over which a road or other public way is to be constructed; and of the approaches to such bridges and other crossings; (xiv) the construction, specifications and maintenance of private ways ( used in connexion with mining) over mining tenements, areas , and other land taken up and occupied under this Act or the repealed Acts; the protection of the same from injury or obstruction ; the direction and the change of direction of such ways ; the construction , specifications, maintenance and use of pipelines , aerial ropeways , conveyer apparatus and transmission lines for the carriage of any thing under Part VI of this Act or under the corresponding provisions of the repealed Acts; (xv) the cleansing and keeping clean of mining tenements, areas, and other land taken up and occupied under this Act or the repealed Acts and the prevention or mitigation of any nuisance therein; (xvi) the prevention of pollution or wastage due to mining operations of water which may be used for domestic purposes; the reservation of any accumulation or potential accumulation of water or of any watercourse, which might otherwise be so polluted or wasted, as a supply for domestic purposes; the prevention , mitigation and remedying of pollution or obstruction of, damage to, or interference with watercourses, lakes and reservoirs and land adjacent thereto caused by the discharge therein or thereon of mineralized or impure water, sludge , or mining debris; (xvii) the location of mine workings at minimum distances from public or private roads or ways and from land adjoining the mining tenement and the improvements on such land; (xviii) the assessment and payment of compensation under this Act; (xix) the doing of any act or thing required by this Act to be done;

Mining Act 1968, No. 51 451 (xx) the powers and duties of wardens, mining registrars and all other persons whatsoever in the discharge of their functions for the purposes of this Act; (xxi) the amount of royalty to be paid under this Act and the time and manner of its assessment and payment; (xxii) the manner of making any application with respect to any matter touching the business of mining or any mining tenement, area, or other land taken up and occupied under this Act or the repealed Acts; the hearing and disposal thereof and of objections thereto; (xxiii) the practice and procedure of Wardens Courts, the jurisdiction thereof and the costs of proceedings therein; (xxiv) the management of miners commons; defining commonage rights with respect thereto; the exercise and enforcement of commonage rights with respect thereto, the termination of miners commons; (xxv) the furnishing of returns for the purposes and by the persons specified in the regulations; (xxvi) the fees to be paid under this Act and the purposes for which they are to be paid; (xxvii) the forms to be used for the purposes of this Act; (xxviii) penalties for the contravention of or failure to comply with any regulation not exceeding in any case the amount of fifty dollars; (xxix) all other matters required or permitted by this Act to be prescribed. (3) A regulation may be made to apply generally or in a particular case and to apply throughout the State or in respect of one or more mining districts or a part of a mining district. 107. Publication of regulations . Every regulation made under this Act shall- (a) be published in the Gazette; (b) upon such publication be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (c) take effect from the date of such publication unless a later date is specified in such regulation for its commencement when, in such event, it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session and, if not, then within fourteen sitting days after the commencement of the next session of the Legislative Assembly. If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after a regulation has been laid before it disallowing such regulation or any part thereof, that regulation or part shall thereupon cease to have e;tect, but without prejudice to the validity of anything done or omitted thereunder in the meantime or to the making of a further regulation. In this section the expression " sitting days " means days on which Legislative Assembly sits for the despatch of business.

452 Mining Act 1968, No. 51 SCHEDULE SHORT TITLE OF ACT The Mining Act of 1898 . . The Mining Act Amendment Act of 1901 The Mining Act Amendment Act of 1902 The Mining Act Amendment Act of 1914 The Mining Act Amendment Act of 1915 The Mining Acts Amendment Act of 1925 The Mining Acts Amendment Act of 1927 The Mining Acts Amendment Act of 1927 (No. 2) The Mining Acts Amendment Act of 1930 The Mining Acts Amendment Act of 1940 The Mining Acts Amendment Act of 1948 The Mining Acts Amendment Act of 1948 (No. 2) The Mining Acts Amendment Act of 1951 The Mining Acts Amendment Act of 1955 The Mining Acts Amendment Act of 1965 The Mining Acts Amendment Act of 1967 [s. 4] Number of Act 62 V. No. 24 1 E. 7 No. 10 2 E. 7 No. 24 5 G. 5 No. 25 6 G. 5 No. 21 16 G.5No.8 18 G. 5 No. 16 18 G. 5 No. 25 21 G. 5 No. 32 4 G. 6 No. 3 12 G. 6 No. 29 12 G. 6 No. 38 15 G. 6 No. 27 4 Eliz. 2 No. 41 No. 21 of 1965 No. 10 of 1967 I