Mining Act Amendment Act 1980 (Qld)

124 ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 13 of 1980 An Act to amend the Mining Act 1968 - 1979 in certain particulars and for matters incidental thereto [ASSENTED TQ 2ND MAY, 1980]

Mining Act Amendment Act 1980, No. 13 125 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 1980. (2) The Mining Act 1968-1979 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 Act1968-1980. 2. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in subsection (4) adding at the end of the last paragraph thereof the words " and any reference therein to the holder of a miner's right whether that term is qualified by other words or not, shall, in relation to that Crown Land which is occupied as a place of residence or business, be construed as including the holder of a miner's right issued subsequent to the commencement of the Mining Act Amendment Act1979 "; (b) omitting subsection (5) and substituting the following subsection-- " (5) The provisions of the Mining Act1968-1976 shall continue to apply to every business area and residence area existing at the commencement of the Mining Act Amendment Act1979 as if that Act had not commenced and any reference contained in the Mining Act1968-1976 to the holder of a miner's right, whether that term is qualified by other words or not, shall, in relation to that business area and residence area, be construed as including the holder of a miner's right issued subsequent to the commencement of the Mining Act AmendmentAct1979.". 3. Amendment of s. 7. Section 7 of the Principal Act is amended by in subsection (1) omitting the definition " company " and substituting the following definition- " " company "- (a) a company; (b) a recognised company; or (c) a foreign company (registered in Queensland), within the meaning of the Companies Act 1961-1979;". 4. Amendment of s. 16H. Section 16H of the Principal Act is amended by in subsection (5) omitting the words " Before the last day for the receipt of objections," and substituting the words " After the last day for the receipt of objections and prior to the day on which the application first comes before the Wardens Court for hearing and determination, notwithstanding that on that day the hearing and determination is adjourned pursuant to subsection (7),".

126 Mining Act Amendment Act 1980, No. 13 5. Amendment of s. 22. Section 22 of the Principal Act is amended by inserting after subparagraph (c) the following paragraph- " Paragraph (b) shall not be construed as requiring the consent of an applicant for an authority to prospect to the grant of a mining lease where that applicant has withdrawn his application or where the application has been refused or rejected by the Minister.". 6. Amendment of s. 28. (1) Section 28 of the Principal Act is amended by in subparagraph (a) (ix) of subsection (1) inserting after the word " covenants " the words " or for failure to comply with any of the conditions ". (2) Subparagraph (a) (ix) of section 28 (1) of the Principal Act as amended by this Act shall be deemed to be and to have always been a condition of every mining lease granted prior to the commencement of this Act. 7. Amendment of s. 30. Section 30 of the Principal Act is amended by in paragraphs (a) and (b) of subsection (2B) omitting the figures " 200.00 " wherever they occur and substituting in each case the figures " 2 000.00 ". 8. Amendment of s. 59 . Section 59 of the Principal Act is amended by in subsection (1) inserting after the words " adjacent thereto " the words " or onto other land not comprised in the tenement ". 9. Amendment of s. 60. Section 60 of the. Principal Act is amended by adding at the end of subsection (2) (a) the words " or other land not comprised in the tenement ". 10. Amendment of s. 62 . Section 62 of the Principal Act is amended by in paragraph (c) inserting after the words " adjacent thereto " the words " or other land not comprised in the mining tenement ". 11. Amendment of s. 63. Section 63 of the Principal Act is amended by- (a) in subsection (1)-- (i) adding at the end of paragraph (a) the words " or onto other land not comprised in the tenement "; (ii) inserting in paragraph (b) after the words " adjacent thereto " wherever they occur the words " or other land not comprised in the tenement "; (b) in subsection (2) inserting after the words " adjacent thereto where they appear in the first paragraph the words " or other land not comprised in the tenement ". 12. Amendment of s. 65 . Section 65 of the Principal Act is amended by in subsection (1) inserting after the words " adjacent thereto " the words " or other land not comprised in the tenement ".

Mining Act Amendment Act 1980, No. 13 127 13. Amendment of s. 66. Section 66 of the Principal Act is amended by in subsection (1) (a) inserting after the words " adjacent thereto " the words " or other land not comprised in the tenement ". 14. Amendment of s. 99. Section 99 of the Principal Act is amended by- (a) in subsection (1) omitting the words " within a mining field " and substituting the words " for any of the purposes of this Act "; (b) in subsection (2) inserting after the figures " 1967," the words " or any officer of the Department of Mines authorized by the Minister for the purposes of this subsection or any other person authorized by the Minister for the purposes of this subsection ". 15. New s. 1028. The Principal Act is amended by inserting after section 102A the following section- " 1028 . Applications .. (1) An application made for the purposes of this Act, whether before or after the commencement of the Mining Act Amendment Act 1980- (a) for or on behalf of any person shall be deemed to have been made by that person; (b) for or on behalf of a company which is not, at the time when the application is made, a company within the meaning of this Act but which becomes such a company at a time prior to the grant or rejection of the application, shall be deemed to have been made by such company. (2) The provisions of this section shall apply in relation to an application made for or on behalf of a company which is yet to be formed.". 16. New ss. 103B and 103C. The Principal Act is amended by inserting after section 103A the following sections- " 1038 . Excuse for non-performance of certain acts. A penalty shall not be- imposed for the non-performance within the prescribed time of an act required to be performed in accordance with the provisions of this Act by the holder of or an applicant for a mining tenement if such holder or applicant proves to the satisfaction of the Minister that such non-performance by him was caused by the neglect. or default of the warden or mining registrar, or by circumstances over which he did not have any control. 103C. Variation of mining field not to affect business or residence areas . Where the Governor in Council varies the boundaries of a mining field whereby any area of land is excluded from the field it is hereby declared that-- (a) any business area or residence area within the limits of the area of land excluded shall continue to be a business area or, as the case may be, residence area and be subject to the provisions of this Act; and

128 Mining Act Amendment Act 1980, No. 13 . (b) the rights and liabilities of a person lawfully in occupation and possession of that business area or residence area under this Act shall continue, as if that area had not been excluded from the field.". 17. Amendment of s. 108. Section 108 of the Principal Act is amended by omitting the definition " occupier " and substituting the following definition- 66 66 occupier "-a person- (a) to whom a right to a grant of land by the Crown in fee- simple has accrued or will accrue upon the performance by him of a developmental or improvement condition; or (b) who is purchasing an estate in fee-simple from the Crown;". 18. Amendment of s. 112. Section 112 of the Principal Act is amended by in subsection (2) omitting all the words appearing after the words " private land " and substituting the words " the whole or part of which is surface area shall not be granted in relation to that surface area unless the applicant, therefor was the holder of a current permit to enter issued under section 118 in respect of that surface area- (a) when he applied for the title; and (b) when he marked out the surface area of the land as prescribed". 19. Amendment of s. 123. Section 123 of the Principal Act is amended by- (a) in subsection (2)- (i) inserting after paragraph (a) the following paragraph- " (aa) every owner of land directly above or below the land to which the application relates;"; (ii) omitting paragraph (c); (b) omitting subsection (3) and substituting the following subsection- (3) Where the application is in respect of land- (a) the whole of which is other than surface land, then notwithstanding any other provision of this Act the applicant is not required to mark out or cause to be marked out on the surface of the land; (b) part of which is other than surface land, then notwithstanding any other provision of this Act the applicant is not required to mark out or cause to be marked out on the surface of the land above that part, the mining tenement to which the application relates."; (c) omitting subsection (4) and substituting the following subsection-- " (4) Notice required by this section to be given by an applicant to an owner shall consist of a copy of the application (in the prescribed form) of which notice is to be given and, in addition, a copy of the certificate

Mining Act Amendment Act 1980, No. 13 129 of application issued in relation thereto and shall be given by registered post or by certified mail service addressed to the owner's address recorded in the valuation roll or, as the case may be, valuation register referred to in subsection (5).". 20. Validation of certain miners' rights etc. (1) Every miner's right, mining claim, authority to prospect, mining lease and other authority under the Mining Act1968-1979 or any other Act relating to mining granted to a recognised company within the meaning of the Companies Act 1961-1978 prior to the commencement of this Act shall be deemed to be as valid and effectual as it would be if- (a) at the time when the application was made the recognised company was a company within the meaning of the MiningAct1968-1979 and the application had been made by that company; and (b) at the time when the miner's right, mining claim, authority to prospect, mining lease or, as the case may be, other authority was granted to the recognised company it was a company within the meaning of the Mining Act1968-1979. (2) Where prior to the commencement of this Act a miner's right, mining claim, authority to prospect, mining lease or other authority under the Mining Act1968-1979 or any other Act relating to mining was granted to a company within the meaning of that Act then, notwithstanding that at the date when the application therefor was made, the company was not a company within the meaning of that Act, the grant shall be deemed to be as valid and effectual as it would be if- (a) at the time when the application was made the company was a company within the meaning of that Act; and (b) it had itself made the application.