Mining Act Amendment Act 1979 (Qld)

150 QatusImitr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1979 An Act to amend the MiningAct 1968-197 6 in certain particulars and for another purpose [ASSENTED TO 15TH MAY, 1979] 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 1979. (2) In this Act the Mining Act1968-1976 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mining Act1968-1979. 2. Commencement . This Act shall commence on a day to be fixed by Proclamation. 3. Amendment of s. 3 . Section 3 of the Principal Act is amended by inserting after the words " Division I-Miner's Right;" the following words :- " Division IA-Mining Claim;".

Mining Act Amendment Act 1979, No. 14 151 4. Amendment of s. 5. Section 5 is amended by inserting at the end thereof the following subsections:- " (4) A miner's right issued before the commencement of the Mining Act Amendment Act 1979 shall continue in force for the term it has yet to run at the date of that commencement but subject thereto and to this subsection, the provisions of the Mining Act1968-1979 shall apply thereto as if the right had been issued after the date of that commencement. Where, prior to the commencement of the Mining Act Amendment Act 1979, the holder of a miner's right is the possessor and occupier of Crown land for mining purposes (other than mining for coal) then, for so long as he continues to retain such possession, the provisions of sections 13 (1) (a) and 102 of the Mining Act1968-1976 shall continue to apply in respect thereto. Where, prior to the commencement of the Mining Act Amendment Act 1979, the holder of a miner's right is the possessor of and occupier as a place of residence or business of Crown land or any part of the surface of land comprised in a mining lease reserved and set apart for the purpose of residence or, as the case may be, business, then the provisions of sections 12, 13 (1) (b), 15, 16 and 102 of the Mining Act1968-1976 shall continue to apply in respect thereto. (5) Where any Crown land, and any part of the surface of land comprised in a mining lease reserved for residence purpose, is lawfully taken up and occupied for the purpose of residence by and registered in the name of the holder of a miner's right prior to the commencement of the Mining Act Amendment Act 1979 such of the provisions of the Mining Act1968-1976 as applied thereto prior to that commencement shall continue to so apply- as if the Mining Act Amendment Act 1979 had not commenced.". 5. Amendment of s. 7. Section 7 of the Principal Act is amended in subsection (1) by- (a) omitting the definition " claim "; (b) inserting after the definition " earth's crust " the following definition:- " " hand mining "-mining using only picks, shovels, hammers, gads, sieves, windlasses and other like tools which are used manually;"; (c) inserting after the definition " miner's right " the following definition:- 46 " mining claim "-a mining claim registered pursuant to division IA of Part IV;"; (d) in the definition " mining tenement "- (i) omitting from paragraph (d) the words " under and by virtue of a miner's right issued under this Act, or deemed so to be, or under and "; (ii) inserting after paragraph (e) the following expression and words:- 46 f (f) the subject of a mining-claim or an application therefor ";

152 Mining Act Amendment Act 1979, No. 14 (e) inserting after the definition " Minister " the following definition: " " occupied Crown land "-all Crown land which is for the time being- (a) subject to any lease or licence lawfully granted by the Crown; (b) subject to an authority to prospect; (c) the subject of a mining claim or an application therefor;"; (f) inserting after the definition " owner " the following definition:- " " permit to enter "-A permit to enter issued under section 118;". 6. Amendment of s. 9. Section 9 of the Principal Act is amended by inserting after the words " miner's right " where they twice occur the words " or a mining claim " in each case. 7. Amendment of s. 10. Section 10 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) The Minister may cause to be issued to a person who, in the case of a natural person having attained the age of eighteen years, makes application therefor in the prescribed form a document called a miner's right which shall be in the prescribed form." ; (b) in subsection (2)- (i) omitting from provision (b) the words " less than one year nor greater than ten years " and substituting the words " greater than one year "; (ii) omitting from provision (c)_ the words " except as provided for by this Act ". 8. Repeal of and new s. 12 . The Principal Act is amended by repealing section 12 and substituting the following section; i6 12. Rights , entitlements and duties under miner ' s right. (1) Subject to this Act, the holder of a miner's right shall be entitled to- (a) for the purpose of marking out land that is to be the subject of an application for a mining claim or mining lease , enter and cross Crown Land; (b) occupy Crown land for hand mining purposes (other than mining for coal); (c) right of way for mining purposes over Crown land that is not occupied for mining purposes. (2) The holder of a miner's right- (a) shall not occupy occupied Crown land; (b) shall not continue to occupy Crown land after it becomes occupied Crown land, except with the consent in writing of the owner or occupier thereof. (3) Subject to the rights of the Crown therein , all minerals found on or in the land lawfully occupied by the holder of a miner's right for the purpose of mining are the property of that holder.

Mining Act Amendment Act 1979, No. 14 153 (4) The holder of a miner's right who occupied Crown land for hand mining purposes shall at the conclusion of such mining fill in all excavations and do all things necessary to ensure that the land is not unsafe as a result of that mining.". 9. Repeal of ss. 13 , 14A, 15 and 16 . The Principal Act is amended by repealing sections 13, 14A, 15 and 16. 10. Amendment of s. 14 . Section 14 of the Principal Act is amended by omitting subsection (1). 11. New division IA of Part IV. The Principal Act is amended by inserting after section 14 as amended the following headnote and sections:- "Division IA-Mining Claim 16A. Savings . A person who immediately prior to the date of commencement of the Mining Act Amendment Act 1979 is the holder of a registered claim to which the Mining Regulations of 1971 as subsequently amended applied shall be deemed to be the holder of a mining claim registered pursuant to this division on that date. The term of such mining claim shall be ten years commencing on the date of commencement of the Mining Act Amendment Act 1979 and the provisions of this Act shall apply thereto. 16B. Land over which mining claims may be registered. (1) A mining claim may, subject to this Act, be registered over Crown land. (2) A mining claim shall not be registered over- (a) Crown land in respect of which a mining claim is currently registered; or (b) Crown land- (i) which is lawfully used as a yard, garden, orchard or cultivated field; (ii) which is actually occupied and on which is erected a house, shed or other building; or (iii) on which an artificial dam or reservoir is situated or a well or a bore is sunk, except upon payment to the person entitled thereto of compensation to be determined in the manner prescribed; (c) Crown land which, at the date of the application for registration of the mining claim- (i) is comprised in a mining lease or in respect of which an application for a mining lease has been made and is yet to be disposed of by the Minister; or (ii) is specified in an authority to prospect or in respect of which an application for an authority to prospect has been made and is yet to be disposed of by the Minister unless the holder of or, as the case may be, the applicant for that authority has consented thereto. 6

154 Mining Act Amendment Act 1979, No. 14 (3) The Governor in Council may, by Proclamation, proclaim any Crown land or class of Crown land (in either case specified in the Proclamation) as land or, as the case may be, a class of land in respect of which a mining claim shall not be registered. For so long as such a Proclamation continues in force a mining claim shall not be registered in respect of that land or class of land. 16C. Eligibilty for registration of mining claim. Any person who- (a) is the holder of a miner's right; and (b) in the case of a natural person, has attained the age of eighteen years, 'may apply in the prescribed manner for registration of a mining claim. 16D. Restriction upon number of mining claims . In any mining district, a person shall not have an interest, direct or indirect, in more than ten mining claims or such lesser number of mining claims as shall be declared by the Governor in Council from time to time by Proclamation in respect of any mining district or part thereof (the Governor in Council being hereby authorized to make such Proclamations). 16E. Area and shape of mining claim land. The land which may be comprised in a mining claim shall be rectangular in shape or as nearly so as circumstances will permit to the satisfaction of the warden and the dimensions thereof shall not exceed 100 metres by 100 metres or such lesser dimensions as the Governor in Council may by Proclamation declare (he being hereby authorized so to do) with respect to one or more mining districts or a part of a mining district specified therein. 16F. Marking out land before application for registration of mining claim . A person who wishes to apply for registration of a mining claim shall mark out, in the prescribed manner, the proposed boundary of the land the subject of the application. 16G. Entitlements upon marking out land . Notwithstanding the provisions of division I, the holder of a miner's right who marks out the boundary of land pursuant to section 16F shall- (a) during the time within which, pursuant to section 16H, he may make application for a mining claim in respect of that land; (b) if within that time he makes such an application, until the mining warden hears and determines the application, have the entitlements in respect of that land which the holder of a miner's right has in respect of Crown land that is not occupied Crown land. Save where he is registered as the holder of a mining claim in respect of that land, the holder of the miner's right, upon the termination of his entitlements herein specified, shall remove all posts, cairns and other things used by him to mark out the boundary of the land pursuant to section 16F.

Mining Act Amendment Act 1979, No. 14 155 16H. Application for registration of a mining claim. (1) Within seven days after marking out the boundary pursuant to section 16F or within such other period as may be prescribed in respect of any specified land, a person shall lodge an application for registration of a mining claim and such copies thereof as the warden requires in respect thereof in the prescribed form with the warden of the mining district wherein the land is situated. (2) Application for registration of mining claims lodged 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 lodged. 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 lodged 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 application 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. (3) Upon receipt of an application referred to in subsection (1) and being satisfied that- (a) the land the subject of the application is, subject to the provisions of section 16B, land over which a mining claim may be registered; and (b) the applicant is the holder of a miner's right, the warden shall fix a date (being not less than 21 days from the date of application) on or before which objections to the application may be lodged. (4) Within a period of 3 days after the date of application, or, if the warden is satisfied that a longer period is necessary in that regard, such longer period (not exceeding 14 days) as shall be determined by the warden, the applicant shall cause a copy of the application together with a statement that objections thereto may be lodged with the warden on or before the last day for the receipt of objections to be posted- (a) on some conspicuous part of the land the subject of the application; and (b) at the warden's office, and shall keep copies posted in those places at all times until the last day for the receipt of objections:

156 Mining Act Amendment Act 1979, No. 14 Provided that the warden, upon being satisfied that the purposes of this subsection would be better served thereby, may dispense with the posting on the land the subject of the application and direct the applicant to advertise such application at least twice (the last of which publications to be at least seven days before the last day for the receipt of objections) in a newspaper approved by the warden and circulating in the mining district. An advertisement of an application shall consist of- (a) a copy of the application; (b) a statement that objections thereto may be lodged with the warden on or before the last day for the receipt of objections; and (c) if the warden so directs (he being hereby empowered so to do) a sketch plan of the land the subject of the application which sketch plan has first been approved by the warden. (5) Before the last day for the receipt of objections, the applicant shall lodge at the warden's office a declaration in the prescribed form under the provisions of the Oaths Acts, 1867 to 1960 as to the posting of the copies of the application and (if applicable) as to the advertisement thereof pursuant to subsection (4). (6) A person (who, in the case of a natural person, has attained the age of 18 years) having reasonable grounds of objection to an application for registration may, on or before the last day for the receipt of objections, lodge with the warden an objection in writing in the prescribed form. Every objection shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds and a copy thereof shall be given by the objector to the applicant in the manner prescribed on or before the last day for the receipt of objections. (7) Not sooner than seven days after the expiration of the last day for the receipt of objections, the warden in the Wardens Court shall hear and determine the application together with any and every objection made as prescribed and lodged with him on or before that day. The warden may adjourn such hearing and determination from time to time. (8) If the warden is satisfied that- (a) the provisions of this division have been complied with; (b) the public interest or right shall not be prejudicially affected by the registration of the mining claim; and (c) where any objection against the application has been made and lodged as prescribed, the application should be granted, he shall register the mining claim in the name of the applicant as holder, determine the term thereof and- (i) shall impose the conditions prescribed in that regard (including the conditions referred to in section 60 (2) and for that purpose a reference therein to the Minister shall be read and construed as a reference to the warden); and

Mining Act Amendment Act 1979, No. 14 157 (ii) may impose such other conditions as he considers desirable in the circumstances: Provided that the warden shall not impose any condition pursuant to this subsection which the applicant satisfies him should not be so imposed. Upon registration of a mining claim , the warden shall forthwith issue to the applicant a certificate of registration in the prescribed form. (9) Where pursuant to provision (i) of subsection (8) the warden imposes the conditions referred to in section 60 (2), the provisions of Part VII shall apply to the mining claim and for that purpose- (a) a reference therein (other than in section 67) to the Minister; and (b) a reference in section 69 to the Governor in Council, shall be read and construed as a reference to the warden. (10) Save where the applicant satisfies the warden that such a condition should not be so required, the warden shall require as a condition that the applicant for registration of a mining claim deposit with him a sum of money nominated by him or a bond in such amount and so conditioned as to be acceptable to the warden to be held by him as security that the covenants and conditions imposed by him and the provisions of this Act applicable to the holder or to the mining claim will be observed and performed. The warden may accept a guarantee or indemnity by a bank or insurance company approved by the warden as the whole or part of the security to be deposited under this subsection. Where a bond is deposited it shall be a condition of the mining claim, that the holder shall maintain the bond in existence throughout the term of the mining claim and the holder shall lodge with the warden evidence of the last renewal of the bond within one month of each last renewal. The warden may, from time to time, unless the applicant satisfies him that he should not so act, vary the amount of the deposit, bond, guarantee or indemnity required pursuant to this subsection or may, where no such deposit, bond, guarantee or indemnity is presently required, so require ;n accordance with this subsection. (11) In this section- " application " means an application for registration of a mining claim lodged pursuant to subsection (1); "last day for the receipt of objections" means the date fixed pursuant to subsection (3) on or before which objections to an application for registration of a mining claim may be lodged. 161. Duties of applicant registered as holder of mining claim. (1) (a) The applicant who has been registered as the holder of a mining claim shall, within seven days from the receipt of the certificate of registration issued pursuant to section 16u (8), engrave on or in some way durably mark on every angle post of the boundary of the land. the subject of the mining claim, the number of the mining claim appearing on the certificate of registration.

158 Mining Act Amendment Act 1979, No. 14 (b) Such engraving or marking shall be maintained by the holder at all times whilst the mining claim is registered. Until the applicant who has been registered as the holder of a mining claim complies with subsection (1) (a) and section 16K the mining claim shall be deemed to be not registered as such. 161. Term of mining claim . The term of a mining claim shall commence on the first day of the month which next follows the day when the warden registers the mining claim in the name of the applicant as holder and shall not exceed ten years. 16K. Rental of mining claim. (1) Subject to subsection (2), the yearly rental payable in respect of a mining claim shall be as prescribed from time to time and shall be payable in advance not later than the thirty-first day of December of each year of the term thereof. (2) For the period commencing on the first day of the month immediately following the day that the warden registers a mining claim in the name of the applicant as holder until the thirty-first day of December next following the rental payable (in lieu of the yearly rental) shall be such proportion of the sum payable as prescribed pursuant to subsection (1) as such period bears to 12 months and shall be paid within seven days of the registration of the mining claim. 16L. Entitlements under a mining claim. (1) Subject to this Act, the person registered as the holder of a mining claim by virtue of such registration (whether or not he is the holder of a miner's right) shall be entitled to- (a) take possession of and occupy the land the subject of the mining claim- (i) for mining purposes (other than mining for coal); (ii) as a place of residence for himself or some other person for so long as he or that other person works the mining claim on his behalf; (b) erect and maintain any structure upon that land and remove the same; (c) cut, remove and use timber and get, remove and use stone, clay and gravel on and from Crown land for the purpose of building for himself while he carries on mining operations a place of residence or for mining purposes. (2) The person registered as the holder of a mining claim shall not be entitled, under and by virtue thereof, to do any act referred to in subparagraph (c) of subsection (1) in respect of land situated within any city, town or town-site. (3) Subject to the rights of the Crown therein, all minerals found on or in land the subject of a mining claim are the property of the holder of that mining claim. (4) The entitlements conferred by subsection (1) extend to persons who work the mining claim as agents and servants of the holder of a mining claim.

Mining Act Amendment Act 1979, No. 14 159 16M. Mining claims to be continuously worked unless exemption granted . (1) Subject to this Act, a mining claim shall be continuously worked by the holder thereof or by a person employed by him on the working of that mining claim commencing from a date not later than seven days after the commencement of the term thereof or from such other date as may be prescribed with reference to any specific mining claim. (2) (a) The holder of a mining claim may, upon payment of the prescribed fee, apply in writing to the warden for exemption from work thereon for a term not exceeding six months. (b) The warden may refuse the application or may grant the application with or without the imposition of any conditions he thinks proper. (c) The warden may, in a case of emergency, the existence of which he shall be the sole judge, and upon sufficient cause being shown, grant an exemption to a holder of a mining claim for a period not exceeding 14 days and may renew that exemption for a further period of 14 days. Such exemption shall be subject to such conditions as he thinks proper. (d) Every exemption granted by a warden under this subsection shall be registered and all conditions (if any) to which such exemption is subjected shall be therein recorded. 16N. Warden may utilize security . If at any time during the term of a mining claim the warden is satisfied that the holder has not observed or performed the conditions of the mining claim on the part of the holder to be observed and performed or has not complied with the provisions of this-Act he may cause all things to be done as are required to rectify that default and in that behalf may utilize the whole or part of the amount of such security and may require, as a condition of the mining claim, the holder to furnish such further security in such of the forms permitted pursuant to section 16H (10) and in such amount as he thinks fit, which security shall be deemed to have been furnished for the purposes of that section. 160. Termination of mining claim. (1) A mining claim which remains unworked without lawful excuse for a continuous period of 30 days or in respect of which the annual rental is not paid as prescribed shall be deemed- (a) to be abandoned; and (b) not to be a mining claim, and the warden may cancel the registration. (2) (a) Where, in respect of a mining claim the mining claim remains unworked without lawful excuse for three consecutive days within any period of 14 days a person who is eligible to apply for registration of a mining claim may apply in writing in the prescribed form to the warden for the forfeiture of that mining claim. (b) Upon receipt of an application for forfeiture of a mining claim, the warden shall fix a date (being not less than seven days from the date of the application) for the hearing of the application and shall endorse that date upon the application form in the prescribed manner.

160 Mining Act Amendment Act 1979, No. 14 (c) At least seven days before the date fixed for the hearing of the application, the applicant for the forfeiture of the mining claim shall post at the warden's office and give to the holder of the mining claim and to the mortgagee (if any) thereof a notice in the prescribed form which shall contain- (i) particulars of the application; (ii) particulars of the date and place fixed by the warden for hearing the application; (iii) a statement that objections to the application may be made at least two days before the date so fixed for the hearing, by- (A) lodging a notice of objection in the prescribed form; and (B) giving a copy of that notice to the applicant. The applicant shall lodge with the warden a declaration in the prescribed form as to the posting and delivery of the notices. (d) A person who desires to object to the forfeiture of the mining claim shall lodge at the warden's office a notice of objection in the prescribed form at least two days before the date fixed by the warden for the hearing of the application and shall give the applicant a copy of the notice. (e) If an objection to application for forfeiture is not lodged with the warden within the time so limited, he may cancel the registration of the mining claim. (f) If an objection to the application for forfeiture is lodged, the warden shall hear and determine the application and the objection in the Wardens Court. (g) Upon the warden cancelling the registration of a mining claim, the person applying for the forfeiture thereof shall have, subject to compliance with the provisions of this division, a preferential right for seven days after notification of that cancellation to apply for registration of a mining claim in respect of that land comprised therein (or any part thereof), except where that land is private land within the meaning of Part XII, in his name as holder. (3) Where a mining claim is forfeited consequent upon an application referred to in subsection (2) and the person who made the application for forfeiture applies within the prescribed time and in the prescribed manner for registration of a mining claim over the land (or part thereof) the subject of the mining claim so forfeited then- (a) notwithstanding the provisions of any mining tenement, authority to prospect or permit to enter that exists in relation to that land whether such mining tenement was registered or such authority or permit to enter was granted before or after the commencement of the Mining Act Amendment Act 1979, the application shall have priority over any other application for a mining tenement, authority to prospect or permit to enter to the extent that both applications are in respect of that land and shall be determined before any such other application, and any mining tenement,

Mining Act Amendment Act 1979, No. 14 161 authority to prospect or permit to enter that exists in respect of that land shall be deemed to confer no entitlement in respect of that land but only to the extent to which such first-mentioned application relates to it until such application is disposed of and then only if such application is rejected in respect of that land; (b) the provisions of sections 18 (2), 18 (2A) and 102A (2) do not apply to such application. (4) If the warden believes on reasonable grounds that a mining claim is not being worked in accordance with this Act, he may give the holder thereof notice calling upon him to show cause on or before a date (being not less than seven days from the date of delivery of the notice) why the registration thereof should not be cancelled. If within the time specified in the notice, the holder of the mining claim fails to satisfy the warden that the mining claim is being worked in accordance with this Act, the warden may thereupon cancel the registration of that mining claim. (5) For the purposes of this section, it is a lawful excuse for a mining claim to remain unworked if the warden is satisfied that- (a) the failure to work the mining claim is caused through the illness of the holder or other person employed by him or is attributable to a circumstance beyond the control of the holder; or (b) the person employed by the holder in the working thereof absents himself therefrom without the knowledge of the holder and the mining claim has again been worked within 48 hours after notice of such absence has been given to the holder and to the mortgagee (if any) thereof. 16P. Effect of termination of mining claim. (1).(a) Upon the termination of registration of a mining claim (whether such termination is by effluxion of time, forfeiture or abandonment) the person who was the holder of the mining claim may apply to the warden to retain ownership for a period of not more than one year from the date of such termination in stacked earth or other material upon the land the subject of the mining claim (being the produce of that mining claim) or share or interest therein and which has been raised at the time of such termination. An application to retain ownership of stacked earth or other material upon the land shall be- (i) made in writing in the prescribed form; (ii) accompanied by the prescribed fee; and (iii) made within one month from the date of such termination. The holder, within one month from the termination of the mining claim and for so long as he retains ownership of the stacked earth and other material, shall- (iv) mark and identify the stacked earth and other material as prescribed; and

162 Mining Act Amendment Act 1979, No. 14 (v) to the satisfaction of the warden keep such stacked earth and other material- (A) stacked; and ( B) so as not to interfere with mining operations. (b) Stacked earth and other material upon the land the subject of a mining claim, upon- (i) the termination of registration thereof; or (ii) the expiration of the period during which the holder of the mining claim retains ownership thereof pursuant to paragraph (a), whichever is the later, shall be deemed to be attached to and form part of the land upon which it is stacked. (2) Upon the termination of the registration of a mining claim (whether such termination is by effluxion of time, forfeiture or abandonment of the mining claim), the person who was the holder thereof shall forthwith remove every post, cairn or other thing used to mark land pursuant to this division other than this section. (3) Upon the termination of the registration of a mining claim (whether such termination is by effluxion of time, forfeiture or abandonment of the mining claim) the warden- (a) if he is satisfied that the holder has observed and performed the conditions of the mining claim on the part of the holder to be observed and performed and has complied with the provisions of this Act, shall refund any security deposited by way of sum of money in respect of such mining claim to the holder; (b) if, by reason of default on the. part of the.holder, he is not satisfied that the holder is entitled to a refund of such security, may cause all things to be done as are required to rectify such default and in that behalf may utilize the whole or part of the amount of such security and thereafter shall refund any balance of that amount then remaining to the holder save where that security or part thereof is provided by way of a guarantee or indemnity by a bank or insurance company in which case such balance shall first be utilized to refund to such bank or insurance company an amount up to the amount recovered by the warden under that guarantee or indemnity. 16Q. Proclamation as to use of machinery , etc. 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 the subject of a mining claim.". 12. Amendment of s. 17. Section 17 of the Principal Act is amended by inserting in subsection (lc) after the words " the lease " the words " or in respect of which a mining claim is registered during the term of the claim ".

Mining Act Amendment Act 1979, No. 14 163 13. Amendment of s. 18 . Section 18 of the Principal Act is amended by- (a) omitting from subsection (2) the word " During " and substituting the words " Subject to sections 39 and 39A, during "; (b) omitting from subsection (2A) the word "An " and substituting the words " Subject to sections 39 and 39A, an ". 14. Amendment of s. 21 . Section 21 of the Principal Act is amended by- (a) omitting from the note appearing at the beginning thereof the word " Issue " and substituting the words"' Application for and issue "; (b) inserting after subsection (2) the following subsections:- " (2A) A person who desires to have granted and issued to him a mining lease shall- (a) mark out or cause to be marked out in the prescribed manner the land the subject of the desired mining lease; (b) within seven- days after marking out the land pursuant to paragraph (a)- (i) lodge an application for a mining lease in respect thereof in the prescribed manner and form at the warden's office of the mining district wherein the land is situated; (ii) cause a true copy of the application to be given to the occupier of the Crown land to which the application relates; and (c) deposit with the application at the warden's office the prescribed survey fee and such other sum or sums as may from time to time be prescribed. (2a) Where the land comprised in an application is situated within more than one mining district the application shall be referred to the Minister who shall, in his discretion, determine the mining district in which the application shall be dealt with in accordance with this Act and upon the warden for such district being advised to that effect by the Minister he shall, without prejudice to action already taken on the application deal with the application as though the land were situated wholly within that mining district."; (c) omitting from subsection (3) the word " Applications " and substituting the words " Unless expressly stated in this Act to the contrary, applications "; (d) renumbering subsection (4) as subsection (10) and therein inserting in the first paragraph after the words " mining lease " where they first occur the words " which has not been abandoned in respect of the whole area thereof"; (e) inserting after subsection (3) as amended the following subsections:- " (4) Immediately upon receipt of an application and the prescribed survey fee and the other prescribed sum or sums, the warden shall cause a copy thereof to be forwarded to the Minister. (5) Upon being notified by the Under Secretary, Department of Mines that an application may proceed the warden shall forthwith- (a) fix a date on or before which objections to the application may be lodged;

164 Mining Act Amendment Act 1979, No. 14 (b) fix a date (being not less than 14 days after the last day for the receipt of objections) upon which the application and objections thereto (if any) shall be heard in the Wardens Court; and (c) issue to the applicant therefor a certificate of application in the prescribed form which certificate shall specify the dates fixed pursuant to paragraphs (a) and (b). (6) (a) Within a period of 14 days after the date of issue of the certificate of application, or, if the warden is satisfied that a longer period is necessary in that regard, such longer period (not exceeding 28 days) as shall be determined by the warden, the applicant shall cause a true copy of the certificate of application- (i) to be posted- (A) on the datum posf of the land applied for; and (B) at the warden's office, and shall keep copies posted in those places at all times for a continuous period of 30 days; (ii) to be given to the occupier of the Crown land to which the application relates and to the Local Authority referred to in section 21A: Provided that the warden, if satisfied that the land applied for is in a remote locality and that the publicity of the application would not be assisted thereby, may dispense with the posting on the datum post of the land. (b) The applicant shall advertise such certificate of application in a newspaper approved by the warden and circulating in the mining district at least 30 days prior to the last day for the receipt of objections. If the warden so directs (he being hereby empowered so to do) the applicant shall include in the advertisement a sketch plan of the land the subject of the application which sketch plan- (i) indicates with reasonable certainty the location of the land; and (ii) has first been approved by the warden. (c) The applicant shall- (i) within the period prescribed in paragraph (a) (i); or (ii) if the warden dispenses with the posting of the certificate of application on the datum post on the land pursuant to the proviso to paragraph (a), prior to the date of commencement of the labour conditions applicable thereto, engrave or in some way durably mark on the datum post on the land applied for the number of the mining lease appearing on the certificate of application. (7) At the expiration of the period prescribed by subsection (6) (a) and before the date of hearing of the application, the applicant shall lodge at the warden's office a declaration in the prescribed form under the provisions of the Oaths Acts, 1867 to 1960 as to the posting of the copies of the certificate of application and as to the advertisement thereof pursuant to subsection (6).

Mining Act Amendment Act 1979, No. 14 165 (8) A person (who, in the case of a natural person, has attained the age of 18 years) may object to the grant of a mining lease, on or before the last day for the receipt of objections, by- (a) lodging at the warden's office a notice of objection in the prescribed form; and (b) giving to the applicant a copy of the notice of objection. The notice of objection shall state fully the grounds of objection. (9) (a) On the date of hearing of the application, the Wardens Court shall hear and determine the application, other than an application which has been abandoned in respect of the whole area thereof together with any and every objection lodged in the manner prescribed on or before the last day for the receipt of objections. The Wardens Court may adjourn such hearing from time to time. The determination of the Wardens Court upon an application shall consist of a recommendation to the Minister as to whether the application should be granted or rejected in whole or in part. (b) At the conclusion of the hearing, the warden shall forward to the Minister- (i) the. application; (ii) any objections lodged thereagainst; (iii) the evidence tendered at the hearing; and (iv) his determination. (c) If the hearing of the application and of any objection lodged thereagainst is not completed within six months after the date on which the application was lodged at the warden's office, the warden shall notify the Minister and advise him as to why the hearing has not been completed. (d) Where the warden recommends that an application be rejected in whole or in part he shall inform the Minister of the reason therefor."; (f) inserting after subsection (10) as so renumbered and amended the following subsections:- " (11) (a) At any time after an application is made and before a mining lease is granted, the mining warden who is of the opinion that- (i) an irregularity exists in the-making or lodgment of the application or in the marking out of the land applied for; or (ii) the public interest or right will be prejudicially affected if the mining lease is granted, may recommend to the Minister that the application be rejected. (b) The Minister may accept the warden's recommendation or allow the application to proceed. (12) If the Minister is satisfied that the public interest or right may be prejudicially affected by the granting of a mining lease, he may direct the warden before whom the application therefor is pending that further action shall not be taken in respect thereof.

166 Mining Act Amendment Act 1979, No. 14 (13) A person, having marked out or caused to be marked out land pursuant to subsection (2A) (a), shall- (a) if he fails to lodge an application for a mining lease in respect thereof within the prescribed period; or (b) if his application for a mining lease in respect thereof has been abandoned or is rejected, forthwith upon the expiration of such prescribed period, upon such abandonment or upon notice of rejection being received by him remove every post, cairn or other thing used to so mark the land. (14) In this section- application " means an application for a mining lease; " date of hearing of the application " means the date fixed pursuant to subsection (5) (b) upon which the application and objections thereto (if any) shall be heard in the Wardens Court; " last day for the receipt of objections " means the date fixed pursuant to subsection (5) (a) on or before which objections to an application may be lodged. (15) A person shall not enter upon or be on any Crown land for any purpose of this division unless he is authorized so to enter or be under this Act.". 15. New s. 21A. The Principal Act is amended by inserting after section 21 the following section:- " 21A. Effect of mining lease upon Local Authority town planning provisions . (1) Upon the grant or renewal of a mining lease pursuant to this Act- (a) the mining warden shall as soon as reasonably practicable notify the Local Authority for the Area in which the land the subject of the lease is situated and the Director of Local Government, of particulars of the lease; (b) notwithstanding the provisions of the Local Government Act 1936-1978 or the City of Brisbane Town Planning Act 1964-1976- (i) during the term of the lease the use of the land the subject of the lease for mining purposes in accordance with the lease shall be deemed to be a permitted use of that land; (ii) any town planning scheme maps for the Area or part of the Area in which the land the subject of the lease is situated (whether coming into force before or after the granting of the lease) shall be noted in the prescribed form by the Local Authority and the Director of Local Government as to the existence of such lease. (2) In this section- "Local Authority ", in relation to a mining lease, means a Local Authority or a Joint Local Authority constituted under the Local Government Act 1936-1978 for the Area in which the land the `subject of the lease or application therefor is situated and includes- (a) any person who at the material time is to be deemed to be a Local Authority pursuant to that Act;

Mining Act Amendment Act 1979, No. 14 167 (b) Brisbane City Council constituted under the City ofBrisbane Act1924-1977; " town planning scheme " means a town planning scheme within the meaning of section 33 of the Local Government Act 1936-1978 or the Town Plan for the City of Brisbane in force for the time being pursuant to the City of Brisbane Town Planning Act 1964-1876. (3) The provisions of this section apply in respect to mining leases granted or renewed after the commencement of the Mining Act Amendment Act 1979. The provisions of subsection (1) (b) (i) apply in respect to all mining leases in existence at the commencement of the Mining Act Amendment Act 1979.". 16. Amendment of s. 22 . Section 22 of the Principal Act is amended by inserting after provision (b) the following expression and words:- 6( (c) Crown land the subject of a mining claim or-an application therefor, unless the holder thereof or, as the case may be, the applicant therefor consents to the grant of the mining lease ". 17. Amendment of s. 23. Section 23 of the Principal Act is amended in subsection (1) by- (a) inserting in the first paragraph after the words " unless he does sp " the words " under the authority of a mining lease granted in respect thereof, of an authority to prospect or of a mining claim or"; (b) inserting after the first paragraph as amended the following paragraphs :- " The Minister may at any time in writing withdraw his approval had or obtained pursuant to this subsection. The Minister in giving approval to any person pursuant to this subsection may impose such terms and conditions in respect thereto as he thinks proper and may 'require, that person to deposit with the Minister a sum of money nominated by him or a bond (or a guarantee or indemnity by a bank or insurance company approved by the Minister) in such amount and so conditioned as to be acceptable to the Minister to be held by him as security that that person shall observe and perform the terms and conditions so imposed. If, at any time, the Minister is satisfied that the person who has been given approval under this subsection has not observed and performed the terms and conditions thereof on his part to be observed and performed, the Minister may cause all things to be done as are required to rectify that default and in that behalf may utilize the whole or part of the amount of such security and thereafter may refund any balance of that amount then remaining in his hands to that person or as that person in writing directs save where that security or part thereof is provided by way of guarantee orindemnity by a bank or insurance company in which case such balance shall first be utilized to refund to such bank or insurance company an amount up to the amount recovered by the Minister under that guarantee or indemnity and may require as a condition of the approval that that person furnish such further security in such form and in such amount as the Minister thinks proper.

168 Mining Act Amendment Act 1979, No. 14 Until any security required pursuant to this subsection is furnished and whilst such security is not kept renewed, the approval given shall have no force or effect.". 18. Amendment of s. 29. (1) Section 29 of the Principal Act is amended by- (a) inserting in subsection (1) after the words " the granting " the words " or renewal "; (b) inserting after subsection (1) the following subsections:- " (lA) With respect to every mining lease granted or renewed after the commencement of the Mining Act Amendment Act 1979, the Minister shall, every 10 years from the date of such.grant or renewal and upon every renewal thereof, determine whether or not security pursuant to subsection (1) should be required and the Minister may require the lessee to deposit such security of a kind specified in subsection (1) and in such sum of money or amount as, he thinks proper. It shall be a condition of every mining lease that the lessee if so required by the Minister shall deposit the security in the time specified by the Minister. (IB) If, at any time during the term of a mining lease (whether granted before or after the commencement of the Mining Act Amendment Act 1979) the Minister is satisfied that the lessee is not observing and performing or has not observed or performed the covenants and conditions of the lease on the part of the lessee to be observed and performed or has failed to comply with the provisions of this Act applicable to the lessee or to the lease or with any orders or directions made or given by the Minister under this Act and directed to the lessee, the Minister may. cause all things- to be done as are required to rectify such default and in that behalf may utilize the whole or part of the amount of any security deposited pursuant to subsection (1) and thereupon the Minister may require the lessee, within such time as the Minister shall determine, to deposit with the Minister such further security (being of a kind specified in subsection (1)) and in such sum of money or amount as the Minister thinks proper for the purposes specified in subsection (1). Such further security together with any balance of the security deposited pursuant to subsection (1) shall be deemed to be the security deposited pursuant to that subsection. It shall be a condition of any mining lease (whether granted before or after the commencement of the Mining Act Amendment Act 1979) that the lessee, if so required by the Minister, shall deposit the security in the time specified by the Minister. (ic) At the request of the lessee and upon good cause being shown in that regard the Minister at any time may vary the kind of security required under this section or the sum of money or amount thereof.". (2) It is hereby declared that the requirement by the Minister of the applicant for a mining lease to deposit with the Minister a sum of money or a bond, guarantee or indemnity, as security for the observance and performance by the lessee of the covenants and conditions of the lease on the part of the lessee to be observed and performed and the compliance by the lessee with the provisions of the Principal Act applicable to the

Mining Act Amendment Act 1979, No. 14 169 lessee or to the lease and with all orders and directions made or given by the Minister and directed to the lessee, at any time prior to this Act is and always has been a valid exercise by him of power pursuant to section 29 of the Principal Act and the security so deposited shall be deemed to have been duly required in accordance with that section. 19. Amendment of s. 39 . Section 39 of the Principal Act is amended by inserting in subsection (4) at the end thereof the following paragraph:- " The provisions of sections 18 (2), 18 (2A), 22 and 102A do not apply to that part of an application for a new mining lease referred to in this subsection that refers to land which was included in the mining tenement or part surrendered.". 20. New s. 39A. The Principal Act is amended by inserting after section 39 as amended by this Act the following section:- " 39A. Application for forfeiture of mining lease. (1) A person may make application for forfeiture of a mining lease upon the grounds that the labour conditions applicable thereto are not being complied with by the holder of the lease. (2) Where a mining lease is forfeited consequent upon an application referred to in subsection (1) and the person who made the application for forfeiture applies within the prescribed time and in the prescribed manner for a mining lease over the land (or part thereof) the subject of the mining lease so forfeited, then- .(a) notwithstanding the provisions of any mining tenement, authority to prospect or permit to enter that exists in relation to that land whether such mining tenement was registered or such authority or permit to enter was granted before or after the commencement - of the Mining Act Amendment Act 1979, the application shall have priority over any other application for a mining tenement, authority to prospect or permit to enter to the extent that both applications are in respect of that land and shall be determined before any such other application, and any mining tenement, authority to prospect or permit to enter that exists in respect of that land shall be deemed to confer no entitlement in respect of that land but only to the extent to which such first-mentioned application relates to it until such application is disposed of and then only if such application is rejected in respect of that land; (b) the provisions of sections 18 (2), 18 (2A), 22 aid. 102A (2) do not apply to such application. (3) Notwithstanding any provision of this Act to the contrary, where a mining lease granted pursuant to Part XII is forfeited consequent upon an application referred to in subsection (1), the warden shall issue a permit to enter the land the subject of the forfeited lease, upon application therefor within the period prescribed pursuant to subsection (2), to the person who applied for such forfeiture.". 21. Amendment of s. 43. Section 43 of the Principal Act is amended in subsection (1) by- (a) inserting after the words " miner 's right " the words " or a mining claim ";

170 Mining Act Amendment Act 1979, No. 14 (b) inserting after the word " prospect " the words " or is the subject of an application for a mining claim or for a mining lease ". 22. Amendment of s. 43AA. Section 43AA of the Principal Act is amended in subsection (1) by- (a) inserting after the words " miner's right " the words " a mining claim or an application therefor "; (b) inserting after the word " lease " the words ", an application therefor,"; (c) inserting after the words " the owner " the words ", from time to time,". 23. Amendment of ,s. 43BA. Section 43BA of the Principal Act is amended by- (a) omitting from subsection (1) the words " within one year after the miner commences mining or prospecting in or on the land concerned "; (b) inserting in subsection (2) after the words " The warden " the words " in the Wardens Court "; (c) omitting subsection (3). 24. Amendment of s. 45. Section 45 of the Principal Act is amended by- (a) omitting from subsection. (1) the words " mining tenements under and by virtue of a miner's right " and substituting the words " mining claims "; (b) in subsection (2)- (i) omitting the word " tenements " and substituting the word " claims "; (ii) omitting the word " tenement " where twice occurring and substituting the word " claim " in each case. 25. Amendment of s. 59. Section 59 of the Principal Act is amended in subsection (1) by- (a) omitting the word " The " and substituting the words " Unless otherwise expressly stated in this Act, the "; (b) inserting after the words " mining tenements " where they first occur the words " other, than mining claims ". 26. Amendment of s. 60. Section 60 of the Principal Act is amended by omitting from subsection (1) the words " registration of ". 27. Amendment of s. '71A. Section 71A of the Principal Act is amended by inserting at the end thereof the following subsection:- " (3) An officer or person referred to in subsection (1) may give to the holder of any mining tenement or authority to prospect such directions as he thinks proper directed towards the compliance and the manner of such compliance by such holder with the provisions of this Act or the terms and conditions imposed in respect of or applicable to that mining tenement or authority."

Mining Act Amendment Act 1979, No. 14 171 28. New s. 71B. The Principal Act is amended by inserting after section 71A the following section:- " 71B. Proof of authority to be upon Crown land. Any officer of the Department of Mines authorized by the Minister for the purposes of this section and any warden may require any person who, in his opinion, is or has entered upon Crown land or is in possession of or occupying Crown land for mining purposes or as, a place of residence to produce evidence to the satisfaction of that officer or warden of his authority so to do or be and such person shall comply with such requirement as soon as is reasonably practicable.". 29. Amendment of s. 80 . Section 80 of the Principal Act is amended by- (a) inserting in provision (i) of the second paragraph of subsection (1) after the words " made to " the words " or heard in "; (b) omitting from the first paragraph of subsection (3) the words " In respect of any matter within its jurisdiction " and substituting the words " In relation to any matter within its jurisdiction or in relation to any matter which a Wardens Court considers necessary to determine to found its jurisdiction ". 30. Amendment of s. 96. Section 96 of the Principal Act is amended by inserting after the words " miner's right," the words " a mining claim,". 31. Amendment of s. 98. Section 98 of the Principal Act is amended by- (a) in subsection (1)- (i) in provision (a)- (A) inserting after the words " mining lease " the words " or mining claim "; (B) inserting after the word " right " the words " and such operations are by hand mining only "; (ii) in provision (b)- (A) inserting after the words " mining lease " the words " or mining claim "; (B) inserting after the word " right " the words " and such operations are by hand mining only "; (iii) in provision (f)- (A) omitting the expression " 14A" and substituting the expression " 1 1 6 6Q Q " " ; ; (B) omitting the words " miner's right " and substituting the words " mining claim "; (b) omitting from provision (iii) of subsection (2) the words " miner's right " and substituting the words " mining claim ". 32. New s. 98C. The Principal Act is amended by inserting after section 98n the following section:- " 98C. Removal of posts, cairns , etc. by warden. A warden who is satisfied that any post, cairn or other thing purporting to mark Or apparently marking out boundaries of land for the purposes of

172 Mining Act Amendment Act 1979, No. 14 this Act do not relate to any existing mining tenement and an application therefor has not been lodged in accordance with this Act within the time prescribed may remove or cause to be removed those posts, cairns and other things.". 33. Amendment of s. 99. Section 99 of the Principal Act is amended by- (a) inserting in provision (c) of subsection (1) after the words miner's right," the words " mining claim,"; (b) in subsection (2) after the words " miner's right " and the words " such right " inserting the words " , mining claim " and the words claim " respectively. 34. Repeal of ss. 101 and 102. The Principal Act is amended by repealing sections 101 and 102. 35. Amendment of s. 102A. Section 102x, of the Principal Act is amended by- (a) inserting in the note appearing at the beginning thereof after the words " authorities to prospect " where first occurring and after the words " permits to enter " the words " or for registration of mining claims " in each case; (b) in subsection (1)- (i) omitting the word " Where " and substituting the words " Unless expressly stated in this Act to the contrary, where "; (ii) omitting the words " for an authority to prospect each " and substituting the following words:- " for- a) an authority to prospect; or (b) the registration of a mining claim, each "; (c) omitting from subsection (2) the words " for a permit to enter each " and substituting the following words:- for- (a) a permit to enter; or (b) the registration of a mining claim, each ". 36. Amendment of s. 106. Section 106 of the Principal Act is amended in subsection (2) by- (a) omitting from provision (i) the words " and areas "; (b) omitting provisions (ii) and (iii) and substituting the following provisions:- (ii) the eligibility of persons to take up and occupy and of persons to object to the grant of mining tenements or other lands under this Act; (iii) the procedures, manner and form in and the times within which applications for miner's rights, mining claims, authorities to prospect, mining leases or other authorities under this Act, objections thereto and the hearing and disposal thereof, or for the registration of any mining tenement or any share or interest therein shall be made and dealt with; the priorities of and the manner of disposal of such applications and objections;";

Mining Act Amendment Act 1979, No. 14 173 (c) in provision (iv)- (i) omitting the words ", areas," where twice occurring; (ii) omitting the words " tenement, area," and substituting the word " tenement "; (d) in provision (v)- (i) omitting the words " areas, and other tenures of lands taken up and occupied under and by virtue of miner's rights,"; (ii) inserting after the words " registration of miner's rights," the words " mining claims,"; (iii) omitting the words ", area or other tenure "; (e) omitting provision (vi) and substituting the following provision:- (vi) the conditions subject to which mining tenements and other land may be taken up, occupied and worked for any purpose under this Act and to which mining claims may be registered and the amount of the annual rental payable in respect of mining claims;"; (f) omitting provision (viii). 37. Amendment of s. 108 . Section 108 of the Principal Act is amended by- (a) inserting after the definition " improved land " the following definition:- " " mining tenement "-A mining tenement other than a mining claim;"; (b) in the definition " mining title "- (i) omitting the words " miner's right,"; (ii) inserting after the word " tenement " the words ", other than a mining claim,". 38. Amendment of s. 109. Section 109 of the Principal Act is amended by- (a) inserting in subsection (1) after the words " other than this Part " the words " and divisions I and IA of Part IV "; (b) omitting from subsection (2) the words "A miner's right," and substituting the word "An ". 39. Amendment of s. 112. Section 112 of the Principal Act is amended by- (a) inserting at the end of paragraph (c) of subsection (1) the following expression and words:- 66 (d) where he is authorized so to be pursuant to section 112A "; (b) in subsection (2)- (i) omitting all words from and including the words "A title " to and including the words " be registered " and substituting the words " Save where, in respect of land the subject of a surrender by the lessee of a mining lease of his interest in the whole or part of a mining tenement

174 Mining Act Amendment Act 1979, No. 14 for a purpose specified in section 39 (4), the applicant for a titles to a mining tenement is that lessee, a title to a mining tenement in private land shall not be granted "; (ii) omitting the words " or, as the case may be, registration ". 40. New s. 112A. The Principal Act is amended by inserting after section 112 as amended the following section:- " 112A. Minister may authorize applicant for mining lease to enter for limited purposes . (1) The Minister may in writing authorize an applicant for a mining lease in respect of private land to enter and be upon the surface of that land for such mining purposes as are approved by the Minister. Notwithstanding that the applicant is not the holder of a mining lease or a permit to enter in respect of that land, the applicant and any person acting on his behalf may enter and be thereon for such purposes only. (2) The Minister may at any time in writing withdraw his authority given pursuant to subsection (1). The Minister in giving authority to any person pursuant to subsection (1) may impose such terms and conditions in respect thereto as he thinks proper and may require that person to deposit with the Minister a sum of money nominated by him or a bond (or a guarantee or indemnity by a bank or insurance company approved by the Minister) in such amount and so conditioned as to be acceptable to the Minister to be held by him as security that that person shall observe and perform the terms and conditions so imposed. If at any time, the Minister is satisfied that the person who has been given authority under this section has not observed and performed the terms and conditions thereof on his part to be observed and performed, the Minister may cause all things to be done as are required to rectify that default and in that behalf may utilize the whole or part of the amount of such security and thereafter may refund any balance of. that amount then remaining in his hands to that person or as that person in writing directs save where that security or part thereof is provided by way of guarantee or indemnity by a bank or insurance company in which case such balance shall first be utilized to refund to such bank or insurance company an amount up to the amount recovered by the Minister under that guarantee or indemnity and may require as a condition of the approval that that person furnish such further security in such form and in such amount as the Minister thinks proper. Until any security required pursuant to this subsection is furnished and whilst such security is not kept renewed, the approval given shall have no force and effect.". 41. Amendment of s. 113. Section 113 of the Principal Act is amended by omitting from subsection (2) the words " , registered ". 42. Amendment of s. 114. Section 114 of the Principal Act is amended by omitting the words " aid a mining tenement shall not be registered ".

Mining Act Amendment Act 1979, No. 14 175 43. Amendment of s. 115 . Section 115 of the Principal Act is amended by omitting the words " and a mining tenement shall not be registered ". 44. Amendment of s. 116. Section 116 of the Principal Act is amended by omitting the words " or registration of a mining tenement ". 45. Amendment of s. 117. Section 117 of the Principal Act is amended by omitting the words " or a mining tenement registered ". 46. Amendment of s. 118. Section 118 of the Principal Act is amended by- (a) omitting from provision (a) (ii) of subsection (7) the words " or for registration of a mining tenement in that land "; (b) inserting after subsection (7) as amended the following subsections:- " (8) Upon granting a permit to enter pursuant to this section, the warden shall advise forthwith in writing the owner or occupier of the land in respect of which the permit was granted.- (9) A person shall not enter or be upon private land under the authority of a permit to enter unless the owner or occupier of that land has been given in writing as much prior notice as is, in the circumstances, practicable.". 47. Amendment of s. 122. Section 122 of the Principal Act is amended by omitting the words " , a mining tenement shall not be registered ", the words " or for registration of the mining tenement " where twice occurring and the words " or the registration of the tenement ". 48. Amendment of s. 123. Section 123 of the Principal Act is amended by omitting from subsection (1) the words " or for the registration of a mining tenement in ". 49. Amendment of s. 124. Section 124 of the Principal Act is amended by omitting from subsection (3) the words " or registration of ". 50. Amendment of s. 125. Section 125 of the Principal Act is amended by omitting the words " or the registration of a mining tenement in " and the words " or the registration ". 51. Amendment of s. 126. Section 126 of the Principal Act is amended by omitting the words " or in the registration of the tenement " wherever they occur. 52. Amendment of s. 127. Section 127 of the Principal Act is amended by omitting from subsection (3) the words " prospecting area or a business area shall not be registered and a ". 53. Amendment of s. 129. Section 129 of the Principal Act is amended in subsection (1) by- (a) omitting the words " for registration of a mining tenement situated in private land or ";

176 Mining Act Amendment Act 1979, No. 14 (b) inserting after the words " or private land " the words •" or for renewal thereof ". 54. Amendment of s. 130 . Section 130 of the Principal Act is amended by- (a) omitting from the first paragraph the words " nor a mining tenement registered " and substituting the words " or renewed (b) omitting from the second paragraph the words " on the registration effected " and substituting the word " renewed ".