Mining Act Amendment Act 1921 (WA)

No. 22.] Mining. [1921.

MINING.

12° GEO. V., No. XXII.

No. 22 of 1921.

AN ACT to amend Part HI. of the Mining Act Amend-

ment Act of 1920.

[Assented to 6th December, 1921.1

Council and Legislative Assembly of Western Australia, inBE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Short title. 1. This Act may be cited as the Mining Act Amendment Act, 1921.

Amendment of see. 2. Section twenty-four of the Mining Act Amendment Act,

1920 (hereinafter referred to as the said Act) is amended by omitting the words "the tributers," in subsection one, and in- serting in place thereof "every other person at the time in- terested in the tribute;" and by adding to the subsection the following paragraphs:—

Every person from time to time beneficially interested in a tribute agreement, and who is not a party to it, shall within twenty-eight days of becoming so interested regis- ter in the office of the Warden a memorandum in writing containing particulars of the date, the parties to, and the number of the tribute agreement, and of the interest therein of the person registering the memorandum.

Any moneys paid as a share or part of a share of, or commission on the profits of a party to a tribute agree- ment to any person who has not complied with the re- quirements of the section, may be recovered back from him by the person who may have paid the same.

Amendment of sec. 3. Section twenty-five of the said Act is amended by omit-

ting the words "of not less than the prescribed dimensions."

1921.] [No. 22.

4. Section twenty-six of the said Act is repealed, and a Amendment of see. 26.

section is inserted in place thereof, as follows:—

26. No tribute agreement shall be made for a lesser 're m of tnbnte

period than six months, but by mutual consent such agree- ment may be entered into for a longer period, and every tribute agreement shall continue in force for the period stated therein, and thereafter until determined by six months' notice by the lessee, unless such agreement shall become liable to cancellation under section thirty-three.

5.    Section twenty-seven of the said Act is amended by trundmentof sec.

omitting paragraphs (a), (e), and (d) thereof, and by insert- ing the following paragraphs in place of paragraphs (a) and (c)

(a) That no tribute shall be payable unless those tri- buters engaged in the actual working of the ground have earned at the rate of £3 Ms. per man per week for the period worked by them respectively after paying the cost and expenses of mining, treatment, and realisation, and such expenses shall be exclusive of their own wages. In calculating such deductions, the wages to employees shall be at the ruling rate in the district for the hours of labour actually spent in working the tribute area.

(c) That the tribute to be payable to the lessee or owner of the mine shall not exceed a percentage to be fixed by the agreement, of the gross proceeds of the sale of the product, after deducting the cost of treatment and reali- sation.

6.	Section twenty-eight of the said Act is repealed.	Repeal of see. 22.
7.	Section thirty-one of the said Act is amended, by o	Amendment of see.

ting the words "and the decision of the Warden shall be final •

and conclusive and without appeal," and inserting in place

thereof the words "under the provisions of Part X. of the

principal Act."

8.    Section thirty-two of the said Act is amended by omit- Amendment of see.

ting the words "and shall he final and without appeal, and be

observed by every person concerned."

No. 22.] M ining. [1921.

feiture of mining 9. An application under section ninety-nine of the princi-

APPlic'"i°n f""

it‘e7nueIn enrtroofesos f peem;al Act for the forfeiture for breach of labour conditions of winding up. a mining tenement held by a company in process of winding-

up, either voluntarily or by order of the Supreme Court, shall not be deemed an action or proceeding within the meaning of section one hundred and fourteen of the Companies Act, 1893, and, notwithstanding anything contained in that Act to the contrary, any such application may be made, heard, and dis- posed of without the leave of the Supreme Court, and the tenement shall be liable to forfeiture accordingly.

Conditions of Con- 10. A section is inserted in the said Act, and shall have

tracts for treatment

of ore. effect, as follows:—

34a. In all contracts between a tributer and the owner

of a treatment plant (whether the lessee of the mine

under tribute or not) relating to the treatment of sold

ore, the following provisions shall apply:—

(a)

It shall be obligatory on the part of the owner of such plant, when the ore is purchased on assay value, to account for all ores received by him from the tributer for treatment on the basis of not less than ninety per centum extraction of the assayed value of the ore ; unless on an applica- tion to the Warden it shall be otherwise deter- mined, on proof to his satisfaction, that the ore is of so refractory a nature that ninety per cen- tum of the assayed value cannot be extracted; and

(b)

The owner of the treatment plant shall also account for and pay to the tributer not less than fifty per centum of any premium received by such owner on the sale of the gold obtained from the ore treated.

Reprint of Act a

11. All copies of the said Act hereafter printed by the Gov- ernment Printer shall be printed as altered by this Act, under

Amended.

the supervision of the Cleric of Parliaments, and all necessary

references to this Act shall be made in the margin.