No. XX.
| A n d whereas i t is expedient to m a k e provision for en t ry u p o n lands sold condit ional ly, or by auct ion , or otherwise, or leased condi t ional ly , and for t he cancellat ion of any sale or lease of land upon which minera l s shall be found, and for m i n i n g u p o n such lands after cancel la t ion of the | sale |
| A n Act to au thor ize t he search | for | mine ra l s |
on lands sold condit ionally or otherwise, or leased condit ionally, and to cancel t h e sale or lease of such lands w h e n they are found to conta in minera l s , and for the purpose of m i n i n g upon such lands after cancel lat ion of t h e sale or lease, and for o ther purposes connected the rewi th .
| [ 3 0 ^ September, | 1889.] |
| W I I E 1 1 E A S unde r | n u m b e r | e ighteen , all | minera l s are reserved | in Crown gran t s : |
| t he provisions | of | t he Ac t | fo r ty -e igh th | Victoria |
sale or lease : Be it therefore enacted by the Queen ' s Most Exce l l en t Majes ty , by and wi th the advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w South W a l e s in P a r l i a m e n t assembled, and by t h e au thor i ty of t h e same, as follows :—
1. I n this Act , unless t he con tex t necessari ly requires a different
| mean ing , t h e | expression— |
" Board or L a n d Boa rd" means t h e Local L a n d Board of any
| L a n d | Dist r ic t | procla imed | unde r | t h e | " Crown L a n d s A c t of |
| 1884 , " or a n y A c t or Acts a m e n d i n g | the | same. |
" Mine ra l s " means a n d includes coal, kerosene shale, and any of t he following meta l s , or any ore conta in ing t h e same, viz. ,— Gold, silver, copper, t in , iron, an t imony , c innabar , galena, nickel , cobalt , p l a t i num, b i smuth , and manganese , a n d any other subs tance which m a y from t ime to t ime be declared a mine ra l w i th in t he m e a n i n g of th is Act by proclamat ion of
| t h e Governor published in t he | Gazette. |
| " M i n i s t e r " | means | t h e Minis ter | for Mines or o ther | Minis ter |
| charged | wi th t h e adminis t ra t ion | of th i s | Ac t . |
" P resc r ibed" means prescribed by this A c t or by any regula t ion
" Governor" means t h e Governor wi th t h e advice of t he Execu t ive
Council .
| 2. A n y | Crown | L a n d | which, after | t he | commencemen t | of |
th i s Act , shall be sold condit ional ly or by auct ion or in v i r tue of improvements or otherwise , and any Crown L a n d which has been or shall hereafter be leased condit ionally unde r t h e " Crown Lands A c t of 1 8 8 4 " or a n y A c t amend ing t h e same, shall be subject to t he
| following | conditions, n a m e l y : — A n y | person | specially | author ized | in |
the prescribed m a n n e r by t h e Minis te r shall, on deposi t ing a sum of m o n e y as prescr ibed to cover t he cost of repai r ing any damage done to t he surface of t he land, be a t l iber ty to dig and search for gold or other minera ls wi th in such land, and should i t be found to conta in gold or other minerals , or any subs tance which t h e Governor shal l declare by proclamat ion a minera l , t h e Governor m a y cancel whol ly or in pa r t the sale or lease of such land, and upon the notification thereof in t h e Gazette t h e proprietor shall be ent i t led to compensat ion
for t h e value of t he land or of his in teres t the re in (as t he case
| m a y be) , and of the improvemen t s the reon (as appraised by t h e L a n d |
Board, subject to appeal in accordance w i t h t h e " Crown Lands A c t of 1884 ," or any A c t amend ing the same) , b u t exclusive of t h e value of gold or other minera ls there in , and such land shall the reupon become Crown L a n d wi th in t he m e a n i n g of t he " M i n i n g Ac t 1874 ," or any A c t a m e n d i n g t h e same, and shall be reserved from sale or lease u n t i l such reservat ion be revoked by the Governor. Provided t h a t t h e person so specially author ized by the Minis te r to dig and search for gold or o ther minerals , upon satisfying t h e Minis ter t h a t he has complied wi th all t h e conditions of such au thor i ty , shall , on t h e appearance of such notification in t h e Gazette, be deemed to be t he first appl icant for a claim or lease of such l and or a por t ion thereof, and the date of such applicat ion shal l be reckoned f rom t h e day of publ icat ion of such notification in t he Gazette, b u t in other respects as to labour condit ions, and o ther ma t t e r s , such applicat ion shall be deal t wi th subject to the regula t ions in force for t h e t ime be ing author iz ing the occupat ion of Crown Lands for min ing purposes .
| 3. | F o r t h e purpose of ca r ry ing th is A c t in to effect t he | Governor |
| m a y | m a k e | regula t ions | u p o n | a n y m a t t e r referred to in this A c t ; | and |
| such regula t ions , upon be ing publ ished in t h e | Gazette, | shal l be | valid |
| in law. | Provided t h a t a copy of every such regula t ion shall be laid |
before both Houses of P a r l i a m e n t wi th in four teen days from publ ica t ion thereof if Pa r l i amen t be t hen in Session, or otherwise w i th in fourteen days after t he commencement of t h e n e x t ensu ing Session.
| 4, This A c t may be cited as t he " M i n i n g A c t of | 1889 ." |