Mining Act Amendment Act 1976 (No. 2) (Qld)

478 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 50 of 1976 An Act to amend the MiningAct 1968-1976 in certain particulars [ASSENTED TO 29TH SEPTEMBER, 1976] 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 1976 (No. 2). (2) In this Act, the Mining Act1968-1976, being the Mining Act1968-1974 as amended by the Mining Act Amendment Act1976, is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mining Act1968-1976.

Mining Act AmendmentAct (No. 2) 1976, No. 50 479 2. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Proclamations as to use of machinery , etc., by holders of miner's rights. The Governor in Council may, from time to time and as he thinks fit, by Proclamation proclaim, with respect to one or more mining districts or a part of a mining district specified in the Proclamation the types of machinery, mechanical devices or other equipment (if any) that may or may not be used for mining purposes on Crown land where the only authority for such use is under a miner's right.". 3. New s. 24A. The Principal Act is amended by inserting after section 24 the following section:- "24k. Proclamations restricting grant of, area of and interest in mining leases. (1) Subject to section 24, the Governor in Council may by Proclamation, with respect to one or more mining districts or a part of a mining district specified in the Proclamation, proclaim- (a) that mining leases shall not be granted over Crown land therein; (b) the maximum area of land which may be included in a mining lease; (c) the maximum number of mining leases in which any person may at any time concurrently have an interest as a lessee. (2) Differing maximum areas of land may be proclaimed under subsection (1) (b) in respect of mining leases granted for different purposes.". 4. Amendment of s. 98 . Section 98 of the Principal Act is amended in subsection (1) by inserting at the end of provision (e) the following expression and words:- t. (f) in a mining district or part thereof specified in a Proclamation made pursuant to section 14A, use for mining purposes machinery, mechanical devices or other equipment of a type specified therein not to be so used unless the authority so to do is other than under a miner's right". 5. Amendment of s. 103A. Section 103A of the Principal Act is amended by adding at the end thereof the following subsection:- " (3) The averment or statement in any complaint commencing proceedings in respect of an offence against this Act that at a time specified therein a person is or was not the holder of a miner's right, shall be evidence and, until the contrary is proved, shall be conclusive evidence of that fact.".

480 Mining Act Amendment Act (No. 2) 1976, No. 50 6. Amendment of s. 106. Section 106 of the Principal Act is amended in subsection (2) by inserting in provision (v) after the words " same may be effected;" the words " the imposition of such conditions by the Minister or wardens;".