Mining Act further Amendment Act of 1884 No 27a (NSW)

No. X.

Aii Act to extend the provisions of the Mining' Mining on certain Areas now exempt from such power to prescribe the conditions of such Leases to remove doubts as to the power to make Reserves for Mining pur­ poses and for other purposes. [Wth August, 1884.]	Acts by giving1 power to grant leases for
WH E R E A S it is expedient to empower the Governor to gran t leases for the purpose of min ing for gold or for any meta l or	minera l o ther t h a n gold in or unde r lands reserved or dedicated for
publ ic purposes or exempted from occupation wi th in t he mean ing of the " M i n i n g A c t 1 8 7 4 " and it is also expedient to r emove doubts as to t he power to m a k e reserves for m i n i n g purposes unde r t he provisions of the fourth and fifth sections of the " C r o w n Lands Alienat ion Act of 1SG1" Be it therefore enacted by the Queen ' s Most Excel len t Majes ty by and wi th t he advice and consent of t he Legislat ive Council a n d Legislat ive Assembly of X e w South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows : —

1. This A c t m a y be cited as the " M i n i n g A c t fur ther Amend­

m e n t	Ac t	of	1 8 8 1 " and shall be const rued	with t h e " M i n i n g	Act
1 S 7 1 "	[hereinaf ter	t e rmed	the Pr inc ipa l A c t ] and	the Ac t s	for ty- third

Victoria n u m b e r twenty-e igh t and for ty-s ixth Victoria n u m b e r seven.

2. No twi ths t and ing any th ing contained in t he pr incipal A c t

all Lands now exempted under t he said A c t from occupat ion for the: purpose of m i n i n g for gold or for any meta l or minera l other t h a n gold otherwise t h a n by means of permi ts or authori t ies granted by the Governor or by t he Secretary for Mines shall after t he passing of this Ac t be Crown Lands open to lease within the mean ing of Divisions I I and I I I of t he Pr inc ipa l Act Provided t h a t in addi t ion to or in sub­ s t i tu t ion of t h e respective sums in such Divisions prescribed by way of r e n t t he Governor m a y impose upon the holders of any such lease t he paymen t of such sum to H e r Majesty by way of r en t or roya l ty on t h e gold or o ther meta l or minera l to bo obtained from land so leased as lie may t h i n k lit or as m a y be prescribed and every such lease shall be subject to such covenants and conditions as may in t he opinion of the Governor be necessary for t he proper protec t ion of the surface of the land and for the proper and efficient work ing of the meta ls or minera ls contained there in and for securing paymen t of the r en t s and royalties aforesaid Provided t h a t if a lessee desires to obtain a renewal of any lease granted unde r t he provisions of this Ac t he shall in t he last year of such lease make an applicat ion in wr i t ing to t h e Secretary for Mines for such renewal for a further period not exceeding t w e n t y years and such renewal shall be g ran ted b u t upon such t e rms as to increase of r en t and royal ty or of one or t h e other as t he Secretary for Mines shal l de termine provided tha t such increased ren t or roya l ty shall no t exceed fifty per cent, per a n n u m on the ren t or royal ty prc- viouslv paid for the land so leased.

G 2.

3. A n y permi t or au tho r i t y g ran ted unde r t he twenty-seven th

or twen ty -e igh th section of t h e P r inc ipa l A c t and now in force m a y

upon appl icat ion of t h e holder in t h e prescribed m a n n e r be converted in to a lease by the Governor w i th t he same effect and subject to the same condit ions and provisions to those contained in leases made by

v i r tue of t h e last preceding section.

4. The Governor m a y m a k e Regu la t ions (to be dea l t wi th as

Regula t ions m a d e by the Governor unde r t h e Pr inc ipa l A c t ) for

conver t ing pe rmi t s and author i t ies in to leases for prescr ib ing t h e rents and royalt ies a n d the mode of paymen t a n d for enforcing the covenants and condit ions of such leases and for ca r ry ing into effect t h e purposes of th is A c t a n d such regula t ions shall on publ ica t ion in t he Gazette have the force of law.

5. The purposes hereinaf ter specified shall be deemed to be and
to have been " p u b l i c p u r p o s e s " or a " publ ic purpose " wi th in t h e

mean ing of t h e four th and fifth sections of t he " Crown Lands Aliena­

t ion A c t of 1 8 6 1 " a n d any A c t amend ing t h e same t h a t is to say—

(i.) Min ing purposes (generally)

( n . ) M i n i n g for gold or for any me ta l or minera l o ther t h a n gold

B u t every condi t ional purchase made or lease heretofore g ran ted of a n y land comprised w i t h i n any reserve made under t he said sections shal l have t h e same force and val idi ty as if t he land condit ionally purchased or in tended to be demised by such lease h a d been Crown L a n d wi th in t he m e a n i n g of the Pr inc ipa l A c t w h e n the condi t ional purchase was made or the lease was g ran ted Provided t h a t n o t h i n g here in shall effect a n y causes of ac t ion in respect of which proceedings have been commenced in any Cour t prior to the twelf th day of .Tune one thousand e ight h u n d r e d and eighty-four wi th t he object of deciding

the quest ion of t i t le .

6. W h e r e it shall appear to t h e satisfaction of t he Secretary for Mines t h a t any two or more adjoining gold-mining leases issued unde r Division I I of t h e Pr inc ipa l A c t can by amalgamat ion be more efficiently worked as one m i n e the Secretary for Mines m a y author ize such amalgamat ion upon p a y m e n t of a fee of t w e n t y shil l ings for each lease so ama lgamated Provided t h a t the l abour to be employed on or in connect ion wi th such m i n e shall be t h e s u m of t he labour conditions in each separate lease.

7. I t shall be lawful for t h e Governor to g r a n t special leases of
ordinary Crown Lands for gold-mining purposes when the Secretary

for Mines shall be satisfied t h a t special difficulties exist in work ing the

l eng th or costly n a t u r e of t he races to be cu t to enable sucli g round to

costly appl iances requi red for its development or by reason of t h e g round e i ther by way of great dep th or wetness or on account of t h e

be worked and t h e Governor m a y prescribe t h e t e n u r e form and area of such leases and the a m o u n t of r en t or royal ty to be reserved and the conditions reservat ions and exceptions to be conta ined in t h e same b u t every such lease shal l contain a condit ion t h a t if t h e lessee his executors adminis t ra tors or assigns fail a t a n y t ime dur ing such t e n u r e to fulfil t h e condit ions and t e rms therein contained or to use t he land bond fide for t he purposes for which it shall be demised t h e lease shal l for any such fa i lure be voidable a t t he will of t he Governor .

N o . X I .