Mining Act Amendment Act 1957 (WA)

No. 60.] Mining. [1957.

MINING.

6° Elizabeth II., No. LX.

No. 60 of 1957.

AN ACT to amend the Mining Act, 1904-1955.

[Assented to 6th December, 1957.]

BE it enacted by the Queen's Most ExcellentMajesty, 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

and citation. 1. (1) This Act may be cited as the Mining Act

Amendment Act, 1957.

Reprinted in

Vol. 6 of The	(2) In this Act, the Mining Act, 1904-1955,
Reprinted
Acts as
approved for

reprint,	Act No. 15 of 1904 as reprinted with amendments
3rd June,
1953.	to and including Act No. 33 of 1952 and as further amended by Act No. 16 of 1955,

is referred to as the principal Act.

1957.] Mining. [No. 60.

(3) The principal Act as amended by this Act

may be cited as the Mining Act, 1904-1957.

2.    Section one of the principal Act is amended amended.

by adding after the figures, "116" in line seventeen,

the heading

PART VA.—ROYALTIES PAYABLE IN RESPECT OF CERTAIN MINERALS AND PRECIOUS STONES, s. 116A.

3.    Section three of the principal Act is amended a‘oended

by deleting the passage, "stratified ironstone," from

line one of the interpretation, "Coal".

4.    The principal Act is amended by adding after laded"'

the word, "right" being the last word in section one

hundred and sixteen, the following part

PART VA.—ROYALTIES PAYABLE IN RESPECT OF

CERTAIN MINERALS AND PRECIOUS STONES.

116A. (1) In this section Royalties.

"minerals"

(a) includes stratified iron; but

CY. ss. 57

(b) does not include and 58.

(i)   gold whether associated or combined, or not associ- ated or combined, with any other mineral; or

CY. es. 3, 55

(ii) coal. and 56.

(2) The Governor

(a) may by regulation prescribe how, by whom, and at what rate, or differentiat- ing rates, royalties shall be paid in respect of minerals and precious stones, or any class of minerals or precious

No. 60.] Mining. [1957.

stones, obtained from land which is comprised in a mining lease, or in any other form of tenure granted under

Cf. No. 30 of

1918, s. 4.	this Act, or from land which is the
"This Act"
includes	subject of an application made under
regulations.	this Act for a grant under this Act of a mining lease or other form of tenure; and

(b) may by regulation exempt, subject to conditions or unconditionally, any person or class of persons from pay- ment either generally, or in any class of case, or in any particular case, from payment of royalty so prescribed.

(3) The power conferred by subsection (2) of this section is in addition to, and not in deroga- tion of, any other regulation-making power conferred by this Act, but is not exercisable so as to prejudice or otherwise affect the provisions

Cf. ss. 55-58

of sections fifty-five to fifty-eight inclusive of

this Act.

S. 122

amended. 5. Section one hundred and twenty-two of the principal Act is amended by substituting for para- graph (a) the following paragraph:—

(a) By payment of such sum as represents the percentage specified in the agreement of so much of the gross amount realised by the sale of gold extracted from ore produced and delivered by the tributers pursuant to the agreement, as remains after payment of the expenses incurred in the treatment of the ore and in the realisation by sale of the gold, but so that whatever the price realised in fact by the sale of the gold, that price shall be deemed to be the price for gold as fixed by the Commonwealth Bank of Australia as at the time of the sale.

1957.] Mining. [No. 60.

S. 277

6. Section two hundred and seventy-seven of the

repealed and

re-enacted

principal Act is repealed and re-enacted with amend-

with amend-

ments.

ments as follows:—

Special

277. (1) In this section provisions relating to grants of

"deep alluvial gold" means alluvial gold

rights or

occupancy

below a depth of thirty feet from the	under s. 276.
natural surface of the ground.

(2) A right of occupancy granted under the preceding section for the purpose of prospecting for gold, other than for deep alluvial gold, shall not exceed three hundred acres in area.

A right of occupancy may be granted for a fixed period in excess of one year, but in that event the Minister shall cause the terms and conditions relating thereto to be laid on the Table of each House of Parliament within four- teen days of the granting.

(3)

(4) A right of occupancy granted for any fixed period may be reviewed from time to time for any term not exceeding twelve months on each occasion of renewal, but if any such renewal is granted then the provisions of subsection (3) of this section shall apply, and the terms and conditions of such renewal shall be tabled in each House of Parliament accordingly.

The provisions of section thirty-six of the Interpretation Act, 1918, relating to the dis- allowance of regulations by either House shall apply to all intents and purposes as if the terms and conditions of the right of occupancy as tabled under this section were regulations tabled under that section.

(5)