Mining Act Amendment Act 1950 (WA)

No. 26.]	Mining.	[1950.
MINING.

14° and 15' Geo. VI., No. XXVI.

No. 26 of 1950.

AN ACT to amend the Mining Act, 1904-1948.

[Assented to 13th December, 1950.]

RE it enacted by the King's Most Excellent

Majesty, by and with the advice and consent

of the Legislative Council and the Legislative

Assembly of Western Australia, in 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, 1950, and shall be read as one with the Mining Act, 1904-1948 (Act No. 15 of 1904 as reprinted with amendments to and including Act No. 56 of 1937, incorporated pursuant to the Amend- ments Incorporation Act, 1938, and further amended by Acts Nos. 48 of 1945 and 84 of 1948), hereinafter referred to as the principal Act.

Citation of

principal	2.	The principal Act as amended by this Act may
:amended by

Act as	be cited as the Mining Act, 1904-1950.
this Act.

1950.1 Mining. [No. 26.

3. Paragraph (11) of section ninety-two of the &Tr

principal Act is amended by

(a)	deleting the word, "adjacent" in line one;
(b)	adding after the word, "leases" in line one the words, "within the same goldfield".

4. Section two hundred and seventy-seven of the "„pent

principal Act is amended by

(a) adding before subsection (1) the following subsection:

(al) In this section

"alkali prospecting" means pros- pecting for alkali and alka- line earth minerals, except surface gypsum;

"alluvial prospecting" means prospecting for deep alluvial gold;

"surface gypsum" means gyp- sum within thirty feet of the ground;

(b) substituting for the words in brackets in subsection (1) the words-

", except a right of occupancy granted

for the purpose of

alkali prospecting; or

alluvial prospecting

pursuant to the provisions of the next

succeeding subsection,";

(c) substituting for all words in lines one to six, both inclusive, of paragraph (a) of sub- section (la) the words

"There may be granted, pursuant to the provisions of the last preceding sec- tion, a right of occupancy not exceed- ing

five thousand square miles, the

length of which shall not

No. 26.] [1950.

exceed one hundred miles for the purpose of alkali prospecting; or

one hundred square miles, the length of which shall not ex- ceed ten miles for the pur- pose of alluvial prospecting;

but for no other purpose and, if granted,

shall";

(d)	substituting for the words, "for deep allu- vial gold" in lines three and four of sub- paragraph (1) of paragraph (a) of subsec- tion (la), the words, "for the purpose for which the right is granted";
(e)	substituting for all words in lines four and five of subparagraph (ii) of paragraph (a) of subsection (la) the words

"mark off and apply for

gold mining leases, where the right is granted for alluvial prospecting; or

mining tenements, where the right is granted for alkali prospecting

of land comprised in the right";

(f)	substituting for the word, "has" in line eight of subparagraph (ii) of paragraph (a) of subsection (la) the words, "or alkali or alkaline earth minerals, as the case may be, has or have";
(g)	adding after the word, "leases" in line eleven of subparagraph (ii) of paragraph (a) of subsection (la) the words, "or tene- ments";

(la) adding after the word, "minerals" in line seven of subparagraph (iii) of paragraph (a) of subsection (la) the words, "except in the case of a right of occupancy for alkali prospecting, alkali and alkaline earth minerals,".