Mining Act Amendment Act 1933 (WA)

No. 7.] Min [1933.

MINING

24° GEO. V., No. VII.

No. 7 of 1933.

AN ACT to amend Part VA of the Mining Act, 1904.

[Assented to 2nd October, 1933.]

BE it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority of

the same, as follows:—

Shot t title.	1. This Act may be cited as the Mining Act Amendment Act, 1933, and shall be read as one with the Mining Aet, 1904 (as reprinted in the Appendix to the Sessional Volume of the Statutes for the year 1926 and amended by No. 38 of 1932 and No. 45 of 1932), hereinafter referred to as the prin- cipal Act.
Amendment

of s. 145. 2. Section one hundred and forty-five of the principal Act

(as amended by No. 38 of 1932) is amended by deleting all

the provisos to paragraph (b) of subsection (1).

Amendment

s. 14513. 3. Section one hundred and forty-five B of the principal

Act (inserted by section 7 of No. 38 of 1932) is amended by inserting after subsection (2) a subsection, as follows:

(2a.) For the 'purpose of ascertaining the amount to be charged against a tribnter under subsection (1) and subsection (2) of this section, for cost of treatment and cost of realisation, the rates of such costs may be fixed on a sliding scale varying with the value of the gold or

1933.] [No. 7.

the quantity of gold per ton of ore or otherwise: Pro-

vided that-

(i)    the maximum amount payable for cost of treat- ment and cost of realisation taken together shall not exceed forty shillings per ton of ore treated; and

(ii)    in fixing rates under such scale for cost of treat- ment, the rates for treatment of ore (not being free milling ore) shall be

(a)

in the case of ore assaying not more than ten pennyweights of gold to the ton, such amount, not exceeding fifteen shillings per ton of ore treated, as the lessee or the owner of the treat- ment plant, as the case may be, shall decide; and

(b)

in the case of ore assaying more than ten penny- weights of gold to the toll, such amount, not exceeding fifteen shillings and sixpence per ton of ore treated, as the lessee or the owner of the treatment plant, as the case may be, shall decide when the ore treated assays not more than eleven pennyweights to the ton, and, subject to paragraph (i) of tins proviso, the said last-mentioned amount as fixed by the lessee or the owner of the treatment plant as aforesaid, together with an additional sum (not exceeding sixpence) for each and every pennyweight of gold to the toll in excess of eleven pennyweights as may be agreed upon by the parties concerned, or, ill default of agreement, as may be determined by the State Mining Engineer.

4. Section one hundred and forty-five C of the principal Amendment of 45C.

Act (inserted by section 7 of No. 38 of 1932) is amended by adding at the end of subsection (2) a proviso, as follows:

Provided that the tribute agreement shall, in any event, contain two conditions :—( a) that the tributer shall at his own expense deliver the ore to the lessee at the sur- face of the lessee's mine in which the area comprised in such. tribute agreement is situated, and (b) that the lessee shall pay the costs of treatment and realisation.

5.	The principal Act as amended by this Act may be cited Ci n".nn of	oo
p al Act

as the Mining Act, 1904-1933. as amended.