Mining Act Amendment Act 1971 (Qld)

351 (u 2xtslaxdr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1971 An Act to Amend the MiningAct 1968 in certain particulars [ASSENTED TO 22ND APRIL, 19711 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: 1. Short title and citation . (1) This Act may be cited as the Mining Act Amendment Act 1971. (2) The Mining Act 1968 is in this Act referred to as the Principal Act. . (3) The Principal Act as amended by this Act may be cited as the Mining Act1968-1971. 2. Amendment of s. 3 . Section 3 of the Principal Act is amended by- (a) in the reference to PART IV, inserting after the reference to Division IV the following reference:- " Division V-Caveats;"; (b) inserting after the reference to PART XI the following reference:- " PART XII-MINING ON PRIVATE LAND;".

352 Mining Act Amendment Act 1971, No. 24 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) in subsection (1), (i) adding to the paragraph commencing with the words "An application for a lease " the words " save that where the applicant has, prior to that date, been making payments to the Crown for his use and occupation for mining purposes of the land to which the application relates the annual rental provided for by such lease , when granted, shall not exceed the aggregate amount (excluding penalties) of such payments made by him throughout the period of one year "; (ii) inserting after the paragraph commencing with the words "All Wardens Courts " the following paragraph:- "A warden or mining registrar appointed for the purposes of the repealed Acts shall be deemed to have been appointed to his office for the purposes of this Act." ; (b) in subsection (2), adding to the third paragraph the words " save that the rental payable thereunder shall not exceed the rental payable at the date of the application ". 4. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (1)- (a) inserting after the definition " holder " the following definition:- labour conditions "-The conditions applicable to a mining tenement that require the employment of men, or the expenditure of money, or the operation of machinery on or in connexion with that mining tenement;"; (b) inserting in the definition " mining purpose " after the words " The purpose of " the words " searching for or "; (c) inserting after the definition " mining purposes " the following definition:- " miningg registrar "-A mining registrar appointed or deemed to have been appointed for the purposes of this Act;"; (d) in the definition " warden ", omitting the word " under " and inserting in its stead the words " for the purposes of ". 5. Amendment of s. 16 . Section 16 of the Principal Act is amended by inserting after the words " mining tenement " the words " or area ". 6. Amendment of s. 17. (1) Section 17 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " this Act " the brackets and words " (if any) "; (b) omitting subsection (3) and inserting in its stead the following subsections:- " (3) The Minister may, pursuant to agreement between himself and the holder of an authority to prospect, at any time and from time to time vary the authority in respect of all or any of the matters referred to in paragraphs (a), (b), (c) and (d) of subsection (2) of this section and specified in the authority whereupon, until a further variation therein is duly made such matters as so varied shall be deemed to be specified in the authority.

Mining Act Amendment Act 1971, No. 24 353 A copy of every such variation shall be given to the holder of the authority. (4) Upon application of the holder of an authority to prospect made to the Minister at least thirty days (or such shorter period as the Minister in a particular case permits) prior to the expiration of the term of the authority current at the material time the Minister may from time to time grant a renewal of the authority for such term and upon such rental, stipulations and conditions as the Minister determines. (5) Where an application for renewal of an authority to prospect is duly made by the holder but such application has not been disposed of by the Minister before the date on which the term of the authority then current would, but for this subsection, have expired (in this subsection called the " expiry date ") the authority sought to be renewed shall, subject to this subsection, be deemed to continue until such application is disposed of by the Minister, who may grant a renewal thereof notwithstanding that the expiry date has passed. The provisions of this Act applicable to and in respect of the authority and the holder thereof shall apply to and in respect of the authority and its holder during the period the authority is deemed under this subsection to continue.". (2) Subsection (5) of section 17 of the Principal Act, enacted by this Act, applies retrospectively in respect of an application for renewal of an authority to prospect that has not been disposed of by the Minister before the commencement of this Act and in respect of the authority thereby sought to be renewed irrespective of whether the term of the authority has or has not expired at such commencement and for this purpose such an authority shall be deemed to have continued at all times until such application is disposed of by the Minister. 7. Amendment of s. 18. Section 18 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsection:- " (2) During the term of an authority to prospect an application for a mining lease over land in respect of which the authority subsists shall not be recommended by the Minister or granted by the Governor in Council save- (a) where the applicant for the lease is the holder of the authority; or (b) where the holder of the authority consents to the granting of the lease. Where there are more holders of an authority to prospect than one a reference in this subsection to the holder of the authority shall be construed as a reference to all those holders.". 8. Amendment of s. 21 . Section 21 of the Principal Act is amended by omitting subsection ( 3) and inserting in its stead the following subsection:- " (3) Applications for mining leases made in respect of or including the same land by persons who have complied with this Act shall take priority according to the order in which they are made. 12

354 Mining Act Amendment Act 1971, No. 24 Where two or more such applications are made simultaneously they shall take priority according to the order in which the applicants marked out the land in accordance with this Act. Two or more such applications shall, for the purposes of this subsection, be deemed to have been made simultaneously if (a) in the case of applications lodged in the wardens office by mail, they are received at that office in the same mail delivery; (b) in the case of applications lodged in the wardens office personally, the persons who actually lodge the applications, other than the application firstly lodged, are present in the wardens office for the purpose of lodging the applications at the time the application firstly lodged is lodged or, where that application is lodged in the wardens office by mail, at the time the mail delivery containing that application is opened in that office.". 9. Repeal of and new s . 23. The Principal Act is amended by repealing section 23 and inserting in its stead the following section:- " 23. Trespass to land subject to mining lease application. (1) A person shall not cause to be worked or interfered with for mining purposes, or enter upon for such purposes any land in respect of which an application for a mining lease has been duly made but has not, at the material time, been disposed of by way of grant or rejection unless he does so with the approval in writing of the Minister first had and obtained. Without prejudice to the operation of section 103 of this Act in respect of a contravention of this Act, a person who contravenes this subsection commits a trespass upon the land concerned. (2) Where the trespasser is a person other than the applicant for a mining lease over the land 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. An applicant who takes such a proceeding shall not be entitled to succeed therein 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 the trespass. (3) A person shall not enter upon or interfere with.any land referred to in subsection (1) of this section for a purpose other than mining purposes unless- (a) he is at the time of the entry or interference lawfully entitled to the occupation of the land; or (b) the entry or interference is authorized by the lawful occupier of the land or by the Governor in Council.".

Mining Act Amendment Act 1971, No. 24 355 10. Amendment of s. 28 . Section 28 of the Principal Act is amended by, in subsection (1)- (a) omitting paragraph (iv) and inserting in its stead the following paragraph:- (iv) a covenant to perform, subject to any exemption or partial exemption therefrom under this Act, the labour conditions applicable in relation to the mining tenement subject to that lease pursuant to this Act;"; (b) inserting in paragraph (vi) after the word " assign " the word ", transfer ". 11. Amendment of s. 29 . Section 29 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " nominated by him " the words " or a bond in such amount and so conditioned as to be acceptable to the Minister "; (b) in subsection (2), inserting after the word " deposited " the words " by way of a sum of money "; (c) adding the following subsection:- " (4) Where a bond is deposited with the Minister as security required pursuant to subsection (1) of this section there shall be included in the mining lease in respect of which the bond is deposited a covenant on the part of the lessee, his executors, administrators and assigns to be observed and performed to maintain the bond in existence throughout the duration of the lease and to lodge with the Minister evidence of the last renewal of the bond within one month after each renewal thereof.". 12. Amendment of s. 30 . Section 30 of the Principal Act is amended by- (a) in subsection (1), inserting in subparagraph (ii) of paragraph (b) before the words " the continuous operation " the words " the erection and maintenance of buildings and other improvements and plant and "; (b) in subsection (2), omitting from paragraph (a) the words " for each year " and inserting in their stead the words " in each year "; (c) adding the following subsection:- " (4) Where the Governor in Council grants a mining lease over an area that exceeds three hundred and twenty acres he may, if he thinks fit in relation to the mining tenement subject to that lease , vary the labour conditions prescribed by subsection (1) of this section and the provisions of subsection (2) of this section and, if he does so, the labour conditions as so varied or, as the case may be, the provisions of that subsection (2) as so varied shall apply in relation to that mining tenement in lieu of the labour conditions prescribed by subsection (1) of this section or, as the case may be, the provisions prescribed by subsection (2) of this section.". 13. Repeal of and new s. 31. The Principal Act is amended by repealing section 31 and inserting in its stead the following section:- " 31. Exemption from labour conditions . (1) Subject to the regulations made under this Act or continued in force for the purposes of this Act a total or partial exemption from the labour conditions attaching to a mining lease may be granted to the lessee- (a) by the Minister on such terms and conditions as he thinks fit for a period not exceeding six months;

356 Mining Act Amendment Act 1971, No. 24 (b) by the warden on such terms and conditions as he thinks fit for a period not exceeding one month. (2) The period for which an exemption from labour conditions is granted in the first instance may, subject as aforesaid, be extended once. only- (a) in the case of an exemption granted by the Minister, by the Minister on such terms and conditions as he thinks fit for a period not exceeding six months; (b) in the case of an exemption granted by a warden, by the warden on such terms and conditions as he thinks fit for a period not exceeding one month. (3) The provisions of subsection (2) of this section shall not preclude the lessee exempted for the time being from labour conditions from applying anew to the Minister or the warden for the grant of a further such exemption.". 14. Amendment of s. 36. Section 36 of the Principal Act is amended by (a) omitting subsections (2) and (3) and inserting in their stead the following subsections:- (2) The amalgamation of mining leases shall have effect- (a) in relation to the covenants specified in subparagraphs (ii), (iii) and (v) of paragraph (a) of subsection (1) of section 28 of this Act, as if the lands forming the mining tenements comprised in those mining leases formed but one mining tenement comprised in one mining lease; (b) in relation to the covenants to perform labour conditions contained in each mining lease, so that those 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 there is expended the sum of the amounts prescribed to be employed or, as the case may be, expended in respect of each of the leases amalgamated. (3) If the Governor in Council is satisfied that in respect of the aggregate area comprised in amalgamated mining 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 to perform labour conditions contained in each of the leases amalgamated is justified he may permit such reduction as he considers proper and may subject his permission to such conditions as he thinks fit, whereupon, for so long as that permit subsists and those conditions are fulfilled, the provisions of paragraph (b) of subsection (2) of this section shall apply subject to that reduction."; (b) in subsection (5), omitting the words " or forfeiture " and inserting in their stead the words ", forfeiture or expiration ". 15. Amendment of s. 37. Section 37 of the Principal Act is amended by omitting the words "Subject to this Act, a mining lease or any interest therein may be assigned, transferred " and inserting in their stead the words " Subject to this Act and with the approval of the Minister, a mining lease or any interest therein may be transferred, assigned ".

Mining Act Amendment Act 1971, No. 24 357 16. New Division V of Part IV. The Principal Act is amended by inserting after section 43 the following heading and sections:- " Division V-Caveats 43A. Lodgment of caveat . Any person who claims a right or interest in or in relation to a mining tenement may by a caveat in the prescribed form forbid the registration of dealings in respect of the tenement (save such dealings the registration whereof is excepted in the caveat) either absolutely or until after notice of intention to register such a dealing is served on the caveator. Every caveat shall be lodged in the office of the warden for the mining district in which the mining tenement is situated and the prescribed fee shall be paid thereon. 43B. Requirements of caveat . Every caveat- (a) shall state the name and address for service of the caveator; (b) shall sufficiently identify the mining tenement concerned and the right or interest claimed by the caveator; (c) shall state, so far as the caveator can, the names and addresses of all persons to whom the lodgment of the caveat is to be notified under section 43c of this Act; (d) shall be signed by the caveator or by his solicitor or agent. 43C. Warden' s functions upon receipt of caveat. Upon receipt of a caveat the warden- (a) shall notify the holder or holders of the mining tenement affected by the caveat; (b) shall notify any other person whose right to deal with the mining tenement is affected by the lodgment of the caveat; (c) shall furnish a copy of the caveat to the Under Secretary Department of Mines at Brisbane; (d) shall make a notation as to the lodging of the caveat in the proper register containing the registration of the mining tenement affected by the caveat. 43D. Effect of caveat . For so long as a caveat remains iii force the warden shall not register in respect of the mining tenement identified in the caveat any dealing save a dealing the registration whereof is excepted in the caveat. 43E. Duration of caveat . (1) A caveat lodged with the consent in writing of the holder or, where there is more than one, all the holders of the mining tenement identified in the caveat shall remain in force until it is removed or withdrawn as prescribed. (2) Subject to subsection (1) of this section, a caveat shall remain in force- (a) where it appears therefrom that the right or interest claimed is to subsist for a specified period, until the expiration of that period; (b) where it appears therefrom that the right or interest claimed involves a right to exercise an option or other power at a specified future time, until that time has passed;

358 Mining Act Amendment Act 1971, No. 24 (c) in any other case for three months from the date the caveat is lodged in the warden's office, unless, in any case, the caveat is sooner removed or withdrawn as prescribed or unless, in the case referred to in paragraph (c), the warden for the mining district in which is situated the mining tenement affected by the caveat is within the period of three months served with an order of a court of competent jurisdiction that the caveat is not to so lapse. 43F. Second caveat not available. When a caveat has lapsed or has been removed or withdrawn as prescribed it shall not be competent to the caveator to lodge in respect of the same mining tenement another caveat whereby he claims the same or substantially the same right or interest. 43G. Removal and withdrawal of caveat . (1) The warden may remove the caveat upon its being proved to him that the right or interest claimed thereby has ceased or has been abandoned or withdrawn by the caveator. A caveat that has lapsed shall be removed by the warden. (2) Any person who has a right or interest (present or prospective) in a mining tenement affected by a caveat or whose right (present or prospective) to deal with a mining tenement is affected by a caveat lodged in respect of the tenement may summon the caveator to attend before the Wardens Court to show cause why the caveat should not be removed and such court may, upon the return of the summons or at any later time to which the hearing may be adjourned, make such order either ex parte or otherwise as to the court seems just. If the Wardens Court orders that a caveat be removed the warden shall give effect to the order. (3) A caveator may withdraw his caveat at any time. (4) The removal or withdrawal of a caveat shall be effected by the warden's striking out from the proper register containing the registration of the mining tenement affected by the caveat the notation of the lodgment of the caveat made pursuant to section 43c of this Act. 43H. Service of caveator . Where it becomes necessary to serve any writing upon a caveator the sending of the writing by prepaid post addressed to the caveator at the address shown as his address for service in the caveat shall be deemed sufficient service of the writing. 431. Compensation for lodging caveat without reasonable cause. A person who lodges a caveat with a warden without reasonable cause is liable to pay such damages as may be recovered at law by any person aggrieved.". 17. Amendment of s. 47. Section 47 of the Principal Act is amended by- (a) in subsection (1), (i) omitting the words " to the Minister " and inserting in their stead the words " as prescribed "; (ii) omitting all words from and including " The applicant shall " to the end of the subsection;

Mining Act Amendment Act 1971, No. 24 359 (b) in subsection (2), (i) omitting the words " to the Minister "; (ii) omitting the word " Minister " and inserting in its stead the word " warden ". 18. Repeal of and new s. 48. The Principal Act is amended by repealing section 48 and inserting in its stead the following section:- " 48. Objection to grant of licence . (1) Every application for a licence shall be lodged with the warden of the mining district wherein is situated the mining tenement for the benefit whereof the application is made. (2) Where an application that complies with the provisions of this Act is received by the warden he- (a) shall fix a date on which the matter of the application shall be heard before the Wardens Court; and (b) shall fix an earlier date by which objections to the grant of a licence shall be made, and the applicant shall cause a copy of the application and notification of such dates to be given to the owner and to the occupier of land to which the application relates. If the whereabouts of an owner or occupier of a parcel of land to which the application relates is not ascertained after reasonable enquiry made it shall be a sufficient compliance with the preceding paragraph of this subsection if a copy of the application (to the extent it relates to that parcel) is advertised at least once in a newspaper circulating in the locality of that parcel. (3) After the matter of the application has been heard before the Wardens Court- (a) if no objection to the grant of the licence has been made by the date fixed for that purpose the warden shall forward to the Minister the- application and his recommendation as to the grant of the licence; (b) if an objection to the grant of the licence has been made by the date fixed for that purpose the warden shall forward to the Minister the application, all objections made, all evidence tendered on behalf of the applicant and every objector, and his recommendation as to the grant of the licence. (4) If-the warden recommends that an application be rejected he shall inform the Minister of the reason for his recommendation.". 19. Amendment of s. 49. Section 49 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) Every application for a licence shall be considered by the Minister who may recommend the- application to the Governor in Council or reject the application and for that purpose 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.

360 Mining Act Amendment Act 1971, No. 24 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."; (b) adding the following subsection:- " (3) Where such a licence is granted the provisions of subsection (3) of section 46 of this Act shall apply with respect to the noting of the grant of the licence or the entering of a memorial of the licence upon the instrument of title to the servient land as if the licence were an agreement creating an easement or right of way over that land.". 20. Amendment of s. 63 . Section 63 of the Principal Act is amended by- (a) in subsection (2), adding the words " and such a requirement shall be and be deemed to be a condition fixed by the Minister under section 60 of this Act (b) adding the following subsection:- " (3) Where the Minister requires that a bond be lodged pursuant to this section he shall further require that the bond be maintained in existence until he otherwise directs, which further requirement shall be and be deemed to be a condition fixed by the Minister under section 60 of this Act, and the holder of the mining tenement in respect of which the bond is deposited shall lodge with the Minister evidence of the last renewal of the bond within one month after each renewal thereof.". 21. Amendment of s. 77. Section 77 of the Principal Act is amended by, in the second paragraph, adding the words " and where in relation to any matter of practice or procedure those Acts and rules make no provision or inadequate provision the practice and procedure of a Wardens Court shall be, as nearly as may be, the practice and procedure of the Supreme Court." 22. Amendment of s. 83 . Section 83 of the Principal Act is amended by- (a) omitting the word "judicial " wherever it occurs before the word " function "; (b) in subsection (1), (i) inserting in paragraph (i) before the word " registrar " the word " mining "; (ii) adding to paragraph (ii) the words " or in a proceeding before a warden ". by23. Amendment of s. 91. Section 91 of the Principal Act is amended - (a) inserting after the words "An appeal " the words " under section 90 of this Act ";

Mining Act Amendment Act 1971, No. 24 361 (b) inserting after subparagraph (b) the following word and subparagraph:- 46 • or (c) the determination consists of a decision with respect to the forfeiture of a mining tenement or area or any share therein and is not one to which paragraph (b) of this section applies "; (c) adding the following paragraph:- "An appeal from a determination of a Wardens Court of a type referred to in subparagraph (c) of this section may be made as prescribed to the Minister who shall hear and determine the appeal in the manner prescribed and may exercise in relation thereto any of the powers prescribed and whose determination thereon shall be final.". 24. Repeal of and new s. 102 . The Principal Act is amended by repealing section 102 and inserting in its stead the following section:- " 102. Rights and liabilities of minors re mining tenements. (1) Any person, notwithstanding that he has not attained the age of twenty-one years, may take up and occupy land under and by virtue of a miner's right and may transfer, lease, mortgage and otherwise deal with his interest in such land or in the mine therein or may let such mine or any portion thereof to tributers and may agree so to do as if he had attained that age and every such transaction and agreement shall, according to its terms, be binding upon him and may be enforced by or against him accordingly. (2) Any person who has attained the age of eighteen years, notwithstanding that he has not attained the age of twenty-one years, may acquire and hold a mining tenement under a mining lease and may transfer, sub-lease, mortgage and otherwise deal with his interest in such tenement or in the mine therein or may sub-let such mine or any portion thereof to tributers and may agree so to do as if he had attained the age of twenty-one years and every such transaction and agreement shall, according to its terms, be binding upon him and may be enforced by or against him accordingly. (3) 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 of that court as if he had attained that age and all mining tenements and other lands taken up and occupied by him under and by virtue of a miner's right or held by him under mining lease may be taken in execution and sold under legal process. (4) In this section the term " tributers " means persons who work a mine or portion of a mine under an agreement with the owner or lessee of the mine to pay to or receive from the owner or lessee a portion or percentage of the product taken from the mine or such portion, or of the proceeds of the sale of such product."

362 Mining Act Amendment Act 1971, No. 24 25. Amendment of s. 103. Section 103 of the Principal Act is amended by- (a) in subsection (1), omitting the words " five hundred dollars or to imprisonment for a period of three months " and inserting in their stead the words " $2,000 or to imprisonment for six months "; (b) in subsection (2), adding the following paragraph:- " Such a proceeding may be taken within one year after the commission of the offence or within six months after the offence comes to the knowledge of the complainant, whichever period is the later to expire."; (c) adding the following subsection:- "(5) Where a person convicted of an offence against this Act is a company, every person who at the time of the commission of the offence was a member of the governing authority of that company shall be deemed to have committed a like offence and be liable to the penalty prescribed for the offence unless he proves- (a) that the offence was committed without his knowledge; and (b) that he used all due diligence to avoid the contravention of or non-compliance with this Act in question.". 26. Amendment of s. 106. Section 106 of the Principal Act is amended by- (a) in subsection (2)- (i) adding to clause (xix) the words "; attesting to the doing of such act or thing by way of statutory declaration or otherwise "; (ii) adding to clause (xx) the words " or for the purpose of disposing of improvements, machinery, plant, tailings, ore or stone situated on a mining tenement that is abandoned or forfeited; the disbursement of any proceeds arising from such disposal "; (iii) adding to clause (xxi) the words "; the powers of persons appointed for the purposes of this Act, or deemed so to be, and of persons assisting them to enter any mining tenement and any premises used for any purpose in connexion with mining and to search for and require production of documents pertaining to the conduct of a mine and to examine, copy, and make extracts from such documents; the duties of persons of whom anything is required in the exercise of such powers "; (iv) adding to clause (xxvii) the words "; the verification of the contents of any such form by way of statutory declaration or otherwise "; (v) omitting clause (xxviii) and inserting in its stead the following clause:- " (xxviii) penalties for a contravention or failure to comply with any regulation; constituting any contravention or failure to comply with a regulation or with an order of a court a continuing offence;"; (b) in subsection (3), adding the following paragraph:- "A regulation may impose a penalty in respect of a contravention or failure to comply with a regulation or an order of a court that constitutes a continuing offence so that it is to be calculated by reference to the length of time the offence continues notwithstanding that the total penalty so calculated would exceed the maximum pecuniary penalty prescribed by section 103 of this Act.".

Mining Act Amendment Act 1971, No. 24 363 27. New Part heading and ss. 109 and 109. The Principal Act is amended by inserting after section 107 the following heading and sections:- "PART XII-MINING ON PRIVATE LAND 108. Definitions . In this Part and in any regulation made for the purposes of this Part, and also for the purpose of the application of the provisions of the other Parts of this Act to mining on private land, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:- "improved land "-The site or curtilage of any building, or any garden, lawn, yard, nursery for trees, orchard, vineyard, cultivated field (not being mere pasture land), sports ground, recreation ground, rifle range, reservoir, natural or artificial storage or accumulation of water, spring, dam, bore, artesian well, cemetery, burial-place, or place of worship, or any land on which a railway tramway, bridge, or culvert is constructed, or any land used for stacking or storing or depositing mining material, or mining requisites, or residues, mullock, slag, tailings , or mining debris; " mineral "-Includes coal, including fire-clay; " mining tenement "-Includes land comprised in a coal- mining lease granted under the CoalMining Act1925-1969 or subject to application for such a lease recommended by the Minister; " mining title "-A mining lease or an application for a mining lease recommended by the Minister, a coal- mining lease, a miners right , licence or other authority granted in connexion with a mining tenement under this Act or under the CoalMining Act1925-1969, an authority to prospect granted under this Act and a coal-mining licence granted under the Coal Mining Act1925-1969; " occupier "-The person in occupation of any land or, if there is no person in actual occupation, the person entitled to possession of the land; " private land "-Land other than land- (a) which is Crown land; or (b) which is a reserve. 109. This Act and Coal Mining Act applicable to private land. (1) Save where a contrary intention appears in this Part, the provisions of this Act, other than this Part, and of the Coal MiningAct1925-1969 apply in respect of private land, mining titles granted or issued in respect of private land, and mining tenements situated in private land as if such land were Crown land and such titles and tenements were granted or issued or were situated in Crown land but subject always to all modifications prescribed by this Part. (2) A miner's right, authority to prospect, coal-mining licence, mining lease , coal-mining lease , and any licence or other form of entitlement that may be granted or issued in relation to Crown land pursuant to any provision of this Act, other than this Part, or of the CoalMining Act1925-1969 may be granted or

364 Mining Act Amendment Act 1971, No. 24 issued in relation to private land as if such land were Crown land, but, to the extent this Part so provides, subject to and in accordance with this Part. (3) A power that may be exercised by any person in respect of Crown land under any provision of this Act, other than this Part, or of the Coal Mining Act1925-1969 may be exercised by him in respect of. private land as if such land were Crown land but, to the extent this Part so provides, subject to and in accordance with this Part. (4) The powers, authorities and jurisdiction of a Wardens Court and of a warden extend to private land and to mining on or in private land and may be exercised accordingly but, to the extent this Part so provides, subject to and in accordance with this Part. (5) For the purposes of this section a regulation made under this Act and providing in relation to private land shall be deemed .to be a provision of this Part.". 28. New ss. 110 to 112. The Principal Act is amended by inserting after section 109 the following sections:- " 110. Crown's property in minerals . (1) Gold on or below the surface of all land in Queensland, whether Crown land or private land and, if the latter, whensoever alienated in fee-simple or contracted to be so alienated by the Crown, is the property of the Crown. (2) Subject to subsection (1) of this section, all minerals, other than coal, on or below the surface of all land in Queensland, whether Crown land or private land and, if the latter, whensoever alienated in fee-simple or contracted to be so alienated by the Crown other than land alienated pursuant to- (a) section 22 of The Crown Lands Alienation Act of 1860; (b) section 32 of The Crown Lands Alienation Act of 1868; or (c) section 21 of The Mineral Lands Act of 1872, are the property of the Crown. (3) Coal- (a) on or below the surface of land acquired by the Crown and subject to The Agricultural Lands Special Purchase Act of 1901, irrespective of the date when that land or any part of it was , subsequently to the acquisition, alienated in fee-simple by the Crown; (b) on or below the surface of all land in Queensland that was alienated in fee-simple by the Crown after the first day of March, 1910; (c) on or below the surface of all land in Queensland that is not alienated in fee-simple by the Crown at the date of commencement of the Mining Act Amendment Act 1971, is the property of the Crown.

Mining Act Amendment Act 1971, No. 24 365 (4) Every Crown grant or lease under any Act relating to Crown land (other than this Act) made after the date of the commencement of the Mining Act Amendment Act 1971 shall contain- (a) a reservation of all minerals on and below the surface of the land comprised therein; and (b) a reservation of the right of access for the purpose of searching for and working any mines in any part of the land. 111. Resumption of land for the purposes of this Act. (1) The Governor in Council may take on behalf of the Crown any private land which, in his opinion, ought to be resumed for any of the purposes of this Act. (2) Where it is proposed to take land for any of the purposes of this Act the Minister may cause such persons as lie deems necessary to inspect and report to him upon the land and for this purpose such persons may enter upon the land and perform all necessary operations therein. (3) A taking of land for any of the purposes of this Act shall be in accordance with the Acquisition of Land Act1967-1969 and compensation in respect of such taking shall be payable as prescribed by that Act save that in no case shall any allowance be made for any minerals that are or may be on or under the land. 112. Mining private land dependent on permit to enter. (1) A person (including the owner of the land in question) shall not be upon the surface of any private land for any of the purposes of this Act or of the Coal Mining Act1925-1969 save- (a) under the authority of a permit to enter issued under section 118 of this Act; (b) where he is the holder of a mining tenement therein; (c) where he is acting under the authority of the holder of such a permit or a mining tenement therein. (2) A title to a mining tenement in private land shall not be granted and a mining tenement in private land shall not be registered unless the applicant therefor was the holder of a current permit to enter issued under section 118 of this Act- (a) when he applied for the title or, as the case may be, registration; and (b) if the application includes an area of surface of private land, when he marked out the land as prescribed. (3) A person found on private land in contravention 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 by the owner or occupier of the land, a warden, member of the Police Force, or person authorized in that behalf by a warden. This subsection does not apply to the owner or occupier of private land who is thereon in contravention of subsection (1) of this section.".

366 Mining Act Amendment Act 1971, No. 24 29. New ss. 113 to 117. The Principal Act is amended by inserting after section 112 the following sections - " 113. Mining titles and permits to enter not to include land declared exempt . (1) The Governor in Council may from time to time, by Proclamation published in the Gazette, declare and therein define any area or areas of private land as land exempted from the application of this Act. (2) For so long as a Proclamation made under the preceding subsection remains in force a mining title (other than an authority to prospect or a coal-mining licence ), a mining tenement or a permit to enter shall not be granted, registered or issued in relation to land included in an area so defined. (3) The provisions of subsection (2) of this section do not apply- (a) where this Act otherwise expressly provides; or (b) where the permit to enter is sought for the purpose of prospecting for coal within the meaning of the CoalMining Act1925-1969. 114. Certain land exempt from Act. A title to a mining tenement shall not be granted and a mining tenement shall not be registered in relation to private land- (a) that is improved land or is within 150 yards, or other less distance (being not less than 50 yards) as the Wardens Court determines in a particular case , laterally from any improved land; or (b) that is within the limits of any city or town and is less than one-half an acre in area unless (c) the consent in writing of every owner of the private land in question is first obtained; or (d) the mining tenement is limited to such depth below the surface or the lowest part of the surface of the private land in question as the Wardens Court determines in the particular case. 115. Restriction on mining title in certain cases. Where pursuant to a mining title a part of private land is being mined and the Wardens Court determines that the whole or any part of the remainder of that private land is or is likely to be required for the purpose of the mining operations of the mine on that land another mining title shall not be granted and a mining tenement shall not be registered in relation to the private land being mined or in relation to any part of the remainder of that private land save to the owner or owners of that mine. 116. Exercise of power in contravention , etc., of Act null and void . A purported grant or issue of a mining title or of a permit to enter or registration of a mining tenement made in contravention of this Part or in respect of which there is a failure to comply with any provision of this Part is null and void. 117. One mining title may include several lands . Private land may be included with other, private land or with other land in relation to which a mining title may be granted or a mining tenement registered under this Act in one mining title or in one mining tenement if the whole of the land so included constitutes one block.".

Mining Act Amendment Act 1971, No. 24 367 30. New ss. 118 to 121. The Principal Act is amended by inserting after section 117 the following sections:- " 118. Permit to enter private land. (1 ) A person who desires to enter upon private land for the purposes of this Act or of the Coal Mining Act1925-1969 shall make or cause to be made on his behalf application to the warden for a permit to enter that land. (2) An application under the preceding subsection- (a) shall be in the prescribed form; (b) may be made by or on behalf of any number of persons not exceeding five; (c) if it be in respect of more than one parcel of private land, shall include only such parcels as are contiguous and in the ownership of the same owner or owners or, where such private land has not been alienated by the Crown in fee-simple, only such parcels as are contiguous and in the occupation of the same occupier or occupiers; (d) may be in respect of an area not exceeding' in the aggregate 640 acres; (e) shall be accompanied by a plan and a description of the private land concerned such as will enable the boundaries of the private land included therein to be properly defined; (f) shall specify the owner or owners or, as the case may be, the occupier or occupiers of each parcel of private land included therein; (g) shall be accompanied by the prescribed filing fee. (3) Where a parcel of private land is common to two or more applications made to the warden under subsection (1) of this section the warden shall consider and determine upon each application in sequence commencing with the application first made. Where two or more such applications are made to the warden simultaneously the warden shall determine the priority of each such application according to its merit but should it be impracticable, in the warden's opinion, to so determine priorities then he shall determine the priority by lot. (4) If he is satisfied that an application made to him under subsection (1) of this section is bona fide made for the purposes of this Act or of the Coal Mining Act1925-1969 the warden may grant to the applicant, subject to this subsection, a permit to enter upon the whole of the land included in the application or upon such part or parts of it as the warden specifies. Where the warden determines that a permit to enter should be granted upon an application made by a person other than the owner or occupier of the private land in question he shall fix an amount not exceeding $20 and shall require the applicant to pay that amount to him by way of security for compensation to the owner or occupier of the private land that the applicant would be authorized by the permit to enter for any damage caused by the applicant to the property of such owner or occupier during the currency of the permit. The payment of the amount so fixed shall be a condition precedent to the grant of a permit to the applicant.

368 Mining Act Amendment Act 1971, No. 24 (5) A warden may refuse the application of any person for a permit to enter private land in respect of land included in such a permit granted to the applicant within twelve months immediately preceding the date of the application under consideration save where such land is within the boundaries of an authority to prospect granted under this Act or of a coal-mining licence granted under the Coal Mining Act1925-1969 and the applicant is the holder of that authority or licence. (6) A permit to enter (a) shall be in the prescribed form; (b) shall be effective for a period (not exceeding thirty days) fixed by the warden; (c) may be granted to any number of applicants not exceeding five; (d) if granted, shall be given to the applicant or, where there is more than one applicant, to any one of them. (7) A person to whom a permit to enter is granted under this section- (a) may, during the period for which the permit is effective, together with his contractors, employees and agents, enter upon the private land included in the permit and therein search for mineral; (b) shall, upon demand made by the owner or occupier of the private land included in the permit or by an agent of such owner or occupier, produce the permit to the person making the demand. 119. Right to apply for permit to enter during currency of permit. (1) A person to whom a permit to enter private land is granted under section 118 of this Act and who is the holder of an authority to prospect granted under this Act or of a coal-mining licence granted under the Coal Mining Act1925-1969 that includes that private land may, at any time within seven days before the expiration of the period for which the permit is effective, apply under that section for a further permit to enter the same private land or any part thereof. A permit granted upon such an application shall commence upon the expiration of the period for which the permit extant at the date of such application is effective. (2) Save as is prescribed by the preceding subsection it shall not be competent to any person to apply for a permit to enter private land during the period for which a permit to enter that includes that land is effective and no warden shall at any time consider an application made during that period. 120. Application to Minister upon warden's refusal of permit to enter . If the warden refuses an application made under section 118 of this Act for a permit to enter private land the applicant may, within fourteen days after the date of the refusal, make a further such application to the Minister. Such further application shall be made and shall be considered and determined as if the Minister were a warden save that if the Minister grants the application he shall, in lieu of issuing the permit, instruct the warden to issue the permit in accordance with his determination and the warden shall issue the permit accordingly.

Mining Act Amendment Act 1971, No. 24 369 A permit to enter so granted shall be deemed to have been granted under section 118 of this Act. 121. Payment of compensation for damage . (1) If the owner or occupier of private land included in a permit to enter granted under section 118 of this Act suffers damage by reason of anything. caused by the person to whom the permit is granted or by any of his contractors, employees or agents the warden shall pay so much of the amount paid to him by way of security for compensation to that owner or occupier as is sufficient for the purpose to the owner or occupier as compensation for the damage respectively suffered by them. Any balance of such amount held by the warden after making payment provided for in this subsection or, if no such damage is sustained, the whole of such amount shall be repaid by the warden to the person who paid the same to him or to such other person shown to be entitled thereto. (2) A payment of any amount pursuant to this subsection shall not prejudice the right of an owner or occupier to recover in full from the person liable therefor in respect of damage suffered by him save that he shall not twice recover in respect of the same damage. 99. 31. New ss. 122 to 127. The Principal Act is amended by inserting after section 121 the following sections:- " 122. Special entitlement of holder of authority to prospect in relation to exempted land. Notwithstanding that a Proclamation made under section 113 of this Act subsists- (a) a warden may, subject to section 118 of this Act, grant, a permit to enter private land to which the Proclamation relates if the applicant for the permit is the holder of an authority to prospect that includes the private land; (b) the Governor in Council may grant a mining lease, or a coal-mining lease , or other mining title in respect of private land to which the Proclamation relates if- (i) in the case of an application for a lease, the applicant is the holder of an authority to prospect that includes the private land; (ii) in the case of an application for a mining title other than a lease, the applicant is the holder of a mining tenement and requires the mining title sought for the purpose of working that tenement. 123. Requirements of application for mining . tenements in private land . (1) An applicant for a title to or for the registration of a mining tenement in private land shall in his application- (a) describe any area of surface for which he applies; (b) describe any right of way for which he applies over, through or in the private land in question and therefrom over, through or in any other land to a practicable point approved by the Minister on any road, river, waterway, railway station or siding; (c) state the purpose for which he seeks an area of surface or a right of way.

370 Mining Act Amendment Act 1971, No. 24 (2) The applicant shall give notice of his application to- (a) every owner of land to which the application relates; (b) every owner of land over, through or in which a right of way is sought by the application; (c) where any part of land hereinbefore in this subsection referred to is occupied by a person other than the owner, every such occupier. (3) Where an applicant does not apply for any area of surface it shall not be necessary to mark out on the surface of the land the mining tenement to which his application relates. (4) Notice required by this section to be given by an applicant to an owner or occupier shall be given by prepaid registered post letter addressed- (a) in the case of an owner, to his address recorded in the valuation roll or, as the case may be, valuation register referred to in subsection (5) of this section; (b) in the case of an occupier, to him at the land occupied by him if he resides or carries on business there or, if he does not, then at his address as known to the applicant. (5) In this section the term " owner " means- (a) the person appearing as owner of the land in question in the subsisting valuation roll within the meaning of the Valuation of Land Act1944-1970 for the Area of the Local Authority within which the land in question is situated; (b) in the case of an Area of a Local Authority with respect to which there is not in force a valuation under and within the meaning of the Valuation of Land Act1944-1970, until the first such valuation is proclaimed in force in that Area, the person appearing as owner of the land in question in the subsisting register under and within the meaning of the Local Government Act 1936-1970. 124. Further application by holder of mining tenement. (1) Where a mining tenement includes a portion only of surface of the private land in which the tenement is situated, the holder of the tenement may at any time apply for an extension of the surface area to which he is entitled. (2) Where a mining tenement does not include any portion of surface of the private land in which the tenement is situated, the holder of the tenement may at any time apply for an area of surface to be included in his mining tenement. (3) An application made under this section shall be made and dealt with in the same manner as the holder's original application for his title to or registration of the mining tenement.

Mining Act Amendment Act 1971, No. 24 371 125. Matter to be proved where no surface applied for. Where an application made for the grant of a title to or the registration of a mining tenement in private land does not relate to any portion of surface and the consent of the owner of the private land has not been obtained, the applicant (if he is not the owner of the private land) shall not be entitled to a grant of the title or the registration sought unless he proves to the warden that (a) he is the holder of a mining tenement in land adjoining the private land to which the application relates; (b) he is the proprietor of an estate in fee-simple in land adjoining the private land to which the application relates; or (c) he is the holder of a mining tenement with such way-leaves and other rights through land situated between that tenement and the private land to which the application relates as will enable him to mine in the land to which the application relates. 126. Entitlement of holder of mining tenement to mine private land. (1 ) Where the holder of a mining tenement in private land is, by virtue of his mining title to that tenement , authorized to mine therein he shall be entitled- (a) where the tenement includes an area of surface, (i) to mine on or under so much of the surface as is described in his mining title or in the registration of the tenement; (ii) to mine in the remaining area of the tenement at such depth from the surface or from the lowest part of the surface as is determined by the Wardens Court and specified in his mining title or in the registration of the tenement; and (iii) to ingress into and egress from the tenement by a right of way specified in his mining title or in the registration of the tenement; (b) where the tenement does not include an area of surface, to mine in the whole area of the tenement at such depth from the surface or from the lowest part of the surface as is determined by the Wardens Court and specified in his mining title or in the registration of the tenement. 127. Certain acts not permitted in connexion with mining private land . (1) Save with the consent of the owner or occupier of that private land first had and obtained, the holder of a mining tenement in private land or of a mining title in respect of private land shall not (a) use water collected by the owner or occupier of the land; (b) fell trees, strip bark, or cut timber on the land, or cause or suffer any such act to be done.

372 Mining Act Amendment Act 1971, No. 24 (2) The holder of a mining tenement in private land or of a mining title in respect of private land or any person claiming under or employed by such a holder shall not- (a) disturb or molest stock the property of or being in the custody or control of the owner or occupier of the land or of the owner or occupier of any land adjoining the land; (b) prevent such stock from depasturing on the tenement or, as the case may be, the land, or impound such stock found depasturing there save, in relation to a mining tenement, where the tenement is enclosed by a substantial stock-proof fence and such stock are found depasturing within the tenement. (3) A prospecting area or a business area shall not be registered and a miner's homestead lease shall not be granted in respect of private land.". 32. New ss. 128 to 131. The Principal Act is amended by inserting after section 127 the following sections:- " 125 . Measure of compensation payable in respect of mining on private land . (1) Compensation is not payable under this Part for the right to take up and occupy or work a mining tenement situated in private land or to exercise any authority for mining purposes under any mining title in respect of private land where the tenement or, as the case may be, the title does not include an area of surface of the private land concerned. (2) Subject to the preceding subsection, compensation is payable under this Part in respect of- (a) deprivation of the possession of the surface of the private land or of any part thereof; (b) damage caused to the surface of the private land or of any part thereof or to any improvements thereon by the carrying on of mining operations thereon or thereunder; (c) severance of any part of the private land from other parts thereof; (d) surface rights of way; (e) all damage that arises as a consequence of any matter referred to in paragraph (a), (b), (c) or (d) of this subsection. (3) In no case shall any allowance be made, in the assessment of compensation payable under this Part, for any minerals that are or may be on or under the private land concerned. 129. Determination of compensation payable under this Part. (1) The applicant for registration of a mining tenement situated in private land or for a mining title in respect of private land may agree with the person or persons entitled to compensation payable under this Part as to the payment thereof.

Mining Act Amendment Act 1971, No. 24 373 (2) An agreement made pursuant to the preceding subsection shall be of no force or effect as an agreement for the payment of compensation payable under this Part unless- (a) it is in writing signed by or on behalf of all the parties thereto; (b) it is approved by the warden; (c) it is filed in the warden's office. (3) A regulation under this Act may prescribe a period of time within which an agreement shall be made. (4) If the applicant and the person or persons entitled to compensation payable under this Part are unable to agree as to the amount of such compensation or are unable to so agree within the time prescribed, the applicant or any of the persons entitled may apply to the Wardens Court to have the amount determined by that court. An application under this subsection shall include reference to the amount claimed to be payable (whether by the applicant or to the applicant) which amount shall in every case be deemed to be the amount claimed for the purposes of the proviso to subsection (1) of section 90 of this Act. (5) Where there is doubt as to the persons entitled to compensation payable under this Part or any of them or such persons or any of them cannot be found or, for any other reason, compensation payable under this Part cannot be paid to the persons entitled thereto or any of them the Minister shall be deemed to represent all such persons for the purpose of any negotiation or proceeding referred to in this section and payment of the amount of compensation to the Minister shall be a sufficient payment for the purposes of section 130 of this Act. 130. Compensation to be paid before mining commences. Where compensation is payable under this Part in respect of private land a mining title shall not be granted nor a mining tenement registered to include that land unless the applicant therefor has paid or tendered to the person or persons entitled thereto the amount of compensation agreed upon or determined under section 129 of this Act or has otherwise made an agreement in writing with such person or persons as to the payment of such compensation. There shall be certified on the mining title granted or, as the case may be, on the registration effected- (a) where compensation is. payable under this Part, the making of the payment or, as the case may be, the agreement required by this section to be made; (b) where compensation is not payable under this Part, that fact. 131. Rights independent of this Act preserved. Save in relation to damage for which compensation is expressed to be payable under this Part, the provisions of this Part shall not be construed to abrogate or prejudice any right had by a person independently of this Act to recover damages or obtain any other remedy in respect of damage suffered by him by reason of mining on or in private land pursuant to this Act or the CoalMining Act1925-1969.".

374 Mining Act Amendment Act 1971, No. 24 33. Repeal of certain Acts. An Act specified in the first column of the Schedule to this Act is repealed to the extent indicated in the third column of the Schedule opposite to the title of that Act. SCHEDULE fs. 331 Title of Act Number of Act Extent of repeal The Mining on Private Land 9 Edw . 7 No. 15 Act of 1909 The Mining Acts Amendment 20 Geo . 5 No. 35 Act of 1929 The Mining on Private Land 14 Geo. 6 No. 6 Acts Amendment Act of 1950 The Mining on Private Land 15 Geo. 6 No. 38 Acts Amendment Act of 1951 The Mining on Private Land 3 Eliz. 2 No. 7 Acts Amendment Act of 1954 The Mining on Private Land 5 Eliz. 2 No. 23 Acts Amendment Act of 1956 The Mining on Private Land No. 20 of 1965 Acts Amendment Act of 1965 The whole Part II The whole The whole The whole The whole The whole