Mining Acts Amendment Act of 1920 (10 Geo v No. 27) (Qld)

MINING. 10 GEO. V. No. 27,1920. Mining Acts Amendment Act. 9237 MINING. An Act to AmencdertthaeI. nLpawarstI.creul1aatrisn. g to Mining in 10NG T o H e.o E 2.7V. . MINING AOTS . [ASSENTED TO 8TH MARCH, 1920.] AMENDMENT B . AOT OF 1920. E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Mining Acts Short title. Amendment Act of 1920." 2 This Act is divided into Parts as follows : - Parts of Act. PART I.-AMENDMENTS OF *" THE MINES REGU- LATION ACTS, 1910 TO 1916 " ; t" PART Il.-AMENDMENTS OF THE MINING FOR COAL AND MINERAL OIL ACT OF 1912" ; f' PART IlL-AMENDMENTS OF THE -PETROLEUM ACT OF 1915" ; PART IV.-AMENDMENTS OF §" THE MrNERS'HoME- STEA.D LEASES ACT OF 1913." PART I.- AMENDMENTS OF "THE PART I.-AMENDMENTS OF "THE MINES REGULATION RE~ ~ : ON ACTS, 1910 TO 1916." 1910~ ~Ti916." 3. This Part of this Act shall be read as one Construction with *" The Mines Regulation Acts, 1910 to 1916," in this of Part. Part collectively referred to as the Principal Act. 4. The following provision is added to section six Amendment of the Principal Act :___ oh. 6. " No person who holds any interest in any mine in Queensland shall be appointed to be an inspector; and any inspector who holds or acquires ~ ny interest in any mine in Queensland shall forthwith vacate his office." 5. In subsection four of sect\on eleven of the Amendment. Principal Act, after the word" record-book" the words of s. n. " and shall also cause a co}:>y of the report to be written and posted at the entrance to the mine" are inserted. * 1 Geo. V. No. 24 and amending Acts, supra, page 8077. t 3 Geo. V. No. 6, sUlira, page 5675. t 6 Geo. V. No. 23, supra, page 6983. § 4 Geo. V. No. 14, supra, page 5934.

9238 MINING. PART I.- AMENDMENTS OF "THE Mining Acts Amendment A.ct. 10 GEO. V. No. 27, MINES REGULATION Ac'fs, After the said subsection the following subsection 1910 TO 1916." is inserted, and subsections (4A) and (5) are renumbered (6) and (7) accordingly:- (5.) The persons so appointed shall have power to suspend all operations in any dangerous place until such place has been certified by an inspector to be safe. Amendment 6. At the beginning of subsection two of section of s. 12. twelve of the Principal Act the following words are inserted :-" The inspector may forthwith order such precautions to be t·aken or changes to be made as in his opinion will ensure safety temporarily. The manager of the mine shall obey such orders, and for any fa lure so to do shaJ be liable to have his certificate cancelled by the board of examiners on t~ Je ground of miscondmt but an appeal shall lie to the Minister from any order of the Board cancelling a certificate under this provision, and the Minister shall thereupon give such decision in the matter of such appeal as he thinks just; and his decision shall be final." Amendment 7. In the first paragraph of subsection two of of s. 20. section twenty of the Principal Act, before the word " certificate" the words "first-class or second-class" are inserted. Amendment 8. The following words are added to -the second of s, 22. paragraph of section twenty-two of the Principal Act: "and a copy of such report and signatures shall be posted at the entrance to the mine." Amendment 9. The first paragraph of section twenty-five of the of s. 25. Principal Act is repealed and the following provision is inserted in lieu thereof :- "The Governor in Council may, from time to time, appoint three or more persons, one of whom shall be an owner or manager, one an employee at a mine or a representative of such employees, and one a divisional inspector, to be with the Chief Inspector of Mines a board of examiner~ to examine candidates desirous of becoming mine managers." Amendment 10. In subsection one of section twenty-six of the of B. 26. Principal Act, after the wo,'ds "Second-class certific&tes" the words "Deputy certificates" are inserted. Subsection four of the said section is repealed, with- out prejudice to any rights which have been acquired

MINING. 9239 PART I.- 1920. Mining Acts Amendllnent Act. AMENDMENTS OF "THE MINES t hereunder, and t he f 01 Iowing subsection I . S . .Illserted·Ill! I· eU REGAUCLTAST,ION thereo f : - 1910 TO 1916." (4.) A deputy certificate shall entitle the holder to act as deputy in any colliery. 11. In section thirty of the Principal Act, after the ;\mendment word "bandages" the words "adhesive plaster, boric of s. 30. vaseline, cotton wool, and tincture of iodine or other suitable antiseptic solution" are inserted. The following provision is added to the said section :- "The manager or other qualified official appointed by him shall personally inspect the appliances so provided, at least once in every month, and satisfy himself that they are in conformity with the above requirements." J 12. The following provision is added. to subsection Amendment six of section thirty-nine of the Principal Act :_ of s. 39. " The plans shall be available for the inspection of persons appointed under section eleven of this Act." 13. (L) Subsection one of section forty-five of the Amendment Principal Act is repealed and the following subsection of s. 45. is inserted in lieu thereof :- "(1.) Within one year and six months after breaking away· from the shaft bottom in any colliery, there shall be made and completed at least two. separate openings to the surface from such mine not less than fifty feet apart intercommunicating with each other, by means of both of which all persons employed in the mine may at all times pass in or out." (2.) In subsection five of the said section the word " furnace" is repealed and the word" upcast" is inserted in lieu thereof. 14. After section 46A of the Principal Act the follow- ing section is inserted under the following heading :- Rescue Stations. . [46B.] The Minister may, by order published in the Rescue Gazette, establish in any locality, to be defined by him in stations. such order (which locality may be redefined in any sub- sequent order) a rescue station for the purpose of affording first aid in case of accident in any colliery situated within the locality as so defined for the time being.

9.240 MINING. PART 1.- AMENDMENTS OF "THE Mining Acts Amendment Act. 10 GEO. V. No. 27, MINES REGULATION 1910 ACTf9 6" Such rescue station shall consist of a11 necessary TO 1. buildings and structures, surgical and medical appliances and supplies, and hospital and first-aid equipment and appliances and ambulances as are deemed necessary or requisite. There shall be continuously in attendance at such rescue station such and so many persons as the Minister directs, trained in first aid and holding certificates of competency in that behalf approved by the Minister. The expenses of and in connection with the establish- ment' equipment, management, and working of such rescue station shall be paid in the first instance by the Minister, but one third part thereof shall, as and when demanded, be repaid to the Minister by the State Insurance Com- missioner out of the State Insurance Fund (Workers' Compensation Account), and one third part thereof shall, as and when demanded, be repaid to the Minister by the respective owners of the collieries situated within the said locality, in such proportions as between themselves as the Minister may think proper to allocate to each such colliery. All sums payable to the Minister under this section may be recovered from the persons liable respectively to pay the same by action in any court of competent juris- diction; and the certificate of the Minister as to the amount due, purporting to be signed by him or by the Under Secretary of his Department, shall be conclusive evidence of such amount. - Amendment 15. In the first paragraph of section fifty-five of of s. 55. the Principal Act, the words" at his request from time to time with returns of labour employed, work done," are repealed and the words" in the month of December in each year, or at his request more frequently, with returns of labour employed, work done, (in the case of a colliery) output of coal raised for all purposes," are inserted in lieu thereof. Amendment 16. The following amendments are made in the of Schedule. Schedule to the Principal Act :- (1.) The following paragraph IS added to section six of Part 1. : - "(e) The materials out of which stoppings shall be made."

MINING. 924l PART 1.- 1920. Mining Acts Amendment Act. AYENDMENTS .'. OF" THE MINES (2.) After section eighteen of the said Part I. t h e REGAUOLTAST,ION following provisions are inserted :- 1910 TO 1916." " 19. The provision of means for extinguishing fires in mines. "20. The provision of clean drinking wa.ter in mines. "21. The provision of bathrooms and of hot and cold shower baths at mines; the cleanliness thereof; the size and construction of bathrooms." And section 19 of the said Part is renu;m.bered 22 accordingly. (3.) The following provision is added to section thirteen of Part n. :- " An inspector may order the use of safety lamps in any mine or section of a mine where he considers it necessary for the protection of the workmen employed therein. Failure on the part of the manager of any mine to comply with such order shall render him liable to have his certificate suspended or cancelled by the Board of Examiners on the ground of misconduot, and also to prosecution for a breach of this Aot; but an appeal shall lie to the Minister from any order of the Board suspending or cancelling a oertifioate under this provision, and the Minister shall thereupon give suoh deoision in the matter of such appeal as he thinks just, and his deoision shall be final." .(4.) In section fifty-one of the said .Part n. the word "it" is repealed and the word "they" is inserted in lieu thereof. (5.) In paragraph (b) of subsection (i.) of section sixty- three of the said Part n. all words after the word "temperature" where it secondly occurs are repealed and the words "of 80° Fahrenheit by a dry bulb thermometer the reading of the wet bulb should be 78° Fahrenheit, and for every 2° rise in temperature above 80° Fahrenheit by a dry bulb there should be an additional degree of difference between the dry and wet bulb readings. Where the percentage of humidity is greater than is shown above, the working day for the miner shall be reduced by one- . third" are inserted in lieu thereof. Subsection (ii.) of the said section is repealed and the following subsection is inserted in lieu thereof :- " ( i~ . ) An adequate supply of air shall be oaused to enter the mine, and be properly oonduoted around the working plaoes and stopes, not being 1eHs than one hundred and fifty oubic feet per minuttl- for each man or boy, and six hundred oubic feet of air per minute fot eaoh horse while employed underground, or as much more in any case as the inspector may direot." (6.) In subsection (i.) of section one of Part nI.. the words "one hundred cubic feet per minute" are N

9242 MINING. PARr 1.- AMENDMENTS OF "THE Mining Acts Amendment Act. 10 GEO. V. No. 27, MINES REGULATION • ACTS, repealed and the words "the amount heremafter pre- 1910 TO 1916." scribed" are inserted in lieu thereof. The following provision is added to the said sub- section :- " In no case shall less than onE' hundred and fifty cubic feet of air per minute be provided for each man or boy and six hundred cubic feet of air per minute be provided for each horse while employed underground." . After the said subsection (i.) of section one the following subsections are inserted ;- " (iA.) It is especially prescribed that in all cases mechanical ventilating appliances shall be started and continuously run to their usual running capacity during the time persons are employed under- ground and for not less than two hours before men start work in the mine. "(iB.) Every colliery where there are thi.rty persons employed below ground shall have an adequate ventilation fan installed to produce sufficient air-current to comply with this section; and in any colliery where there are less than thirty persons employed below ground the inspector may order the installation of such a ventilation fan. " (ic.) For the proper conduct of air into and along the working places and roads, all ,doors, brattices, stoppings, and walls shall be kept thoroughly airtight to prevent the escape of air." The following Elubsection is added to the said section:- '" (vii.) In every colliery t.he roads shall be examined daily and a report on their condition as to coal-dust shall be recorded in the record book. "Systematic steps sh<111 be taken either by watering or spreading stonc-dust or other means to prevent coal-dust being carried along any road. " The floor, roof, and sides of all·roads shall be kept clean and free PART II.- from dust." AMENDMENTS OF "THE MINING AN~ORM~ ~~BAL PART n.-AMENDMENTS OF "THE lVIINING FOR COAL OI\ 9t2. ~, OF AND MINERAL OIL ACT OF 1912." Construction 17. This Part of this Act shall be read as one with of Part. *" The Mining for Coal and Mineral Oil Act of 1912," in this Part referred to as the Principal Act. Amendment 18. (1.) In subsection five of section seven of the of s. 7. Principal Act, the words "six pence" are repealed and the words " one shilling" are inserted in lieu thereof. I (2.) The increased rent prescribed by subsection one of this section shall be payable where the mineral lease for mining for coal or, mineral oil, as the case may be, is * 3 Geo. V. No. 6, 8upra, page 5675.

MINING. 9248 . 1920. Mining Acts Amendment Act. PART n ..,.... AMIlNDlIrtBNTS OF "THE MINING l FOR COAL granted or renewed after the date of the passing of "The A~ ~ ~ : E~ Mining Acts Amendment Act of 1920": Provided that 1912." the rent of every mineral lease for mining for coal or mineral oil subsisting at the last-mentioned date shall continue to be at the rate reserved under the said lease as if the said section seven had not been amended. 19. (1.) In paragraph (a) of section twelve of 'the Amendment Principal Act, the words "two pence" are repealed and of s. 12. the words "four pence" are inserted in lieu thereof; also, the words "three pence?' are repealed and the words "six pence" are inserted in lieu thereof; also, the words "four pence" .are repealed and' the words ~ , eight pence" are inserted in lieu thereof; also, the words "six pence" are repealed and the words·" one shilling" are inserted in lieu thereof. : (2.) In paragraph (b) of the said section twelve the words "five pounds" are repealed and the words "ten pounds " are inserted in lieu thereof. (3.) The increased royalties prescribed by subsections one and two of this section shall be payable where the mineral lease for mining for coal or mineral oil, as the case may be, is granted or renewed after the date of the passing of "The Mining Acts Amendment Act 01 1920": Provided that the royalties payable under section twelve of the Principal Act in respect of coal or mineral oil obtained from any mining tenement held under a mineral lease subsisting at the last-mentioned date shall continue to be payable as if the said section twelve had , not been amended. PARTIII.- AMENDMEN,:\,S .PART III.-AMENDMENTS OF "THE PETROLEUM ACT OF "THE OF 1915." PETROLEUMACT OF 1915." 20. This Part of this Act shall be read as one with.construetion *" The Petroleum Act of 1915," in this Part referred to as of Part. the Principal Act. . 21. The following w rds are added to section one Amendment of the Principal Act: "a d shall be read as one with of So 1. t" The Mining Act of 1 98," herein referred to as the Principal Act." *'6 Geo. V. No. 23, BUpra, pag 6983. t 62 Vie. No. 24, BUpra, page 178.

9244 MINING. PART III.- AMENDMENTS OF "THE Mining Acts Amendment Act. 10 GEO. V. No. 27, PETROLEUMACT OF 1915." 22. The following definitions are added to section oAfmse. n2d.menf) two of the Principal Act : - Mark the land. "Mark the land" means mark the land applied for by firmly fixing in the ground a sub- stantial post set in L trenches at one angle .6r corner of the land, and firmly fixing thereon~ or in proximity thereto, a notice in the pre- scribed form; Payable. "Payable," ·as applied to petroleum, means petroleum of 'such quantity and quality that 1 t can, under ordinary circumstances, be worked with profit; Pendencyof application. "Pendency of an application" for a license or lease .begins with the lodging of the appli- cation for the land by the applicant, and con- tinues until the application is granted or refused or withdrawn. 23. After section nine of the Principal Act the following sections are inserted :- Licenses to [9A.] (1.) Any person who desires to prospect Crown search. .land for petroleum may make application in the prescribed form to the nearest warden for a license to occupy any Crown land described in the application, and not being of greater area than two thousand acres, for the purpose of searching therein for petroleum. The applicant shall pay to the warden, when he lodges. the application, a sum equal to one penny for every acre of the land applied for. (2.) Upon receipt of the application, the warden shall forthwi~ h make a report thereon to the Minister. (3.) Upon receipt of the report, the Minister may . either refuse the application, or require it to be amended or may accept it. (4.) Upon the acceptance of the application, or upon its being amended to the satisfaction of the Minister and accepted in its amended form, the Minister may grant to the applicant (herein referred to as a "licensee") a license to occupy the land for a period of five years from the date of the license, and to bore and·search therein for petroleum.

"MINING. 9245 PART IlI.- 1920. Mining Acts Amendment Act, AMENDMENTS OF ,,'THE PETROLEUM .!OT (5.) During the currency of such license, no person OF 1915." other than the licensee shall be qualified to apply for or hold a license or lease of the said land for mining for petroleum. [9B.] The licensee shall, within" six months or such Cancellation further tim~ as the Minister may allow after the grant of of license. his license, commence to search for petroleum upon the land held uhder license, and for that purpose erect a boring plant thereon, and shall, during each period of twelve months after the grant of his license, bore. a depth of at. least one thousand feet and so continue until payable petroleum is struck or until the expiry of his license; and if at any time he makes default in any such respect his license shall be liable to be cancelled. The Minister, if at any time during the currency of a license complaint is made to him or he has cause to believe that a licensee has not complied or is not making reasonable endeavours to comply with the foregoing provisions of this section, may order the warden to call . upon the licensee to show cause why his license should not be cancelled. The warden shall thereupon give at least fourteen days' notice to the license~ or his agent to appear before him to show cause why the license should not be cancelled, and, having· heard the case in open court, shall forward the evidence to the Minister, who, if satisfied that it is just to do so, may cancel the license. At any time during the currency of the license the Minister may, by notice, require the licensee to apply for sixty acres of the land held under license as. a lease; and if, within fourteen days after receiving such notice, the licensee does not so apply for such area of the land as a lease, the Minister may cancel the license. [90.] (1.) Subject to this Act, mineral leases under Leases. the Principal Act may be granted of land for mining for petroleum. (2.) Every application for such lease shall be made in the prescribed form, and shall be accompanied by the prescribed survey fee when required. A lease may be granted, notwithstanding that the applicant has not complied in every respect with this Act, if its provisions have been substantially complied with. • I

9246 MINING. PARTIII.- AMENDMENTS OF "THE Mining Acts Amendment Act. 10 GEO. V. No. 27. PETROLEUMACT OF 1915." If the application of any person is refused, he shall be informed of the reasons for such refusal. (3.) A licensee shall during the currency of his license be entitled as of right to a lease of an area of sixty acres of the land comprised in his license, and upon the grant thereof his license as to the remainder of the land shall be cancelled. When such lease has been so granted to the licensee, the remainder of the land comprised in such license shall be reserved and set apart for State mining for petroleum, or at the discretion of the Minister mineral leases for petroleum may be granted of any part thereof under this Act. Area. (4.) The area comprised in a lease for mining for petroleum shall not exceed, in the case of a licensee who applies for a lease of land comprised in his license, sixty acres, and in all other cases shall not exceed thirty acres. Term. (5.) The term shall not exceed twenty-one years. Rent. (6.) The yearly rent shall be a peppercorn rent if demanded. (7.) No person shall hold at the same time more than one such mineral lease. Provisions [9n.] Every applicant for a license or lease shall, aaspptolications within two days or such further time as the warden may for licenses allow after his application has been lodged, mark the or leases. land applied for: . Provided that the applicant may mark the land before lodging his application. The application shall be accompanied by a description and plan of the land sufficient to identify it. The shape of the land applied for shall, as nearly as circumstances permit, be that of a rectangular parallelo- gram, of which the length shall not exceed twice the width. But when, owing to the position of adjoining boundaries or natural features, rectangular areas are not available, intervening or irregularly shaped pieces of land may be applied for. Applications shall take priority according to time of lodging. But if two or more applications for the same land or comprising in part the same land are duly lodged at the same time, the warden shall decide by lot which of those applications shall be deemed to have been first lodged.

MINING. 9247 ' l' uTII~ .- 1920. Mining Acts Amendm,ent Act. AU O N B' D . M . t J l U U Q l 'S - -- - -- - -- - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - . ~ , - - - - - P~ BO~ UlIl . [9E.] The entry upon, occupation of, or interference OF 1~, , , with any land during the pendency of an application for a rndafP~~ license or lease thereof by any person who has not, prior : : J: s~ ~ ~ her to such application, been in the lawful occupation of such persons. land, shall, unless such entry, occupation, or interference is .authorised by the Governor in Council or the Minister or by this Act, be deemed a trespass. The applicant for the license or lease· may proceed in the warden's court for such trespass, and for damages in respect thereof, and for the recovery of any petroleum taken by the trespasser from the land or the value thereof; but any petroleum, or the value thereof, so recovered shall be held by the warden pending the application for the license or lease, and if the license or lease is refused may be claimed by the Minister on behalf of His Majesty: Provided that no applicant shall succeed under such procedure who fails to prove to the satisfaction of. the court that he has complied with the provisions of this Act, so far as such provisions at the time of such entry, occupation, or interference were capable of being complied with., . [9F.] When an application for a license or lease has Occupation been approved, notice of such approval shall be given to Of approval the applicant, and upon the receipt thereof he shall be at~ pplication. liberty to enter upon and occupy the land for the purpose for which the license or lease is to be granted; and from the date of such notice he shall be deemed to hold the land as the licensee or lessee thereof, under and subject to the conditions applicable to such license or lease: Provided that any application for a lease approved before the land comprised in the application has been , surveyed shall bEt deemed to be approved subject to the land being found to be available after the survey has been made. [9G.] Every such license or lease shall be deemed to <:Jonditionsof have been granted subject to the following conditions :_. : ~ : : ~ e or (1.) The surface' of the land and all water and water- courses shall be reserved, and the licensee or lessee, subject to any regulations, shall not be deemed to be in possession 'of such surface except of such an area as the warden approves as being required for purposes connected with the minihg operations upon the land, or for the con- struction of any tramway to be used in connection with

9248 MINING. - PART HI.- AMENDMENTS OF "THE Mining Acts Amendment Act. 10 GEO. V. No. 27, PETROLEUMACT OF 1915." such mining operations: Provided that every such area shall be enclosed by a substantial fence, and shall be kept free from prickly-pear and other noxious weeds and plants. The licensee or lessee may nevertheless take or divert water from any natural spring, lake, pool, or watercourse situated on or flowing through the land, and may use such water for any purpose necessary or incidental to the bona fide occupation of the land under the license or lease by himself or persons employed by him. (2.) All timber growing upon the land shall be reserved. The licensee or lessee may nevertheless cut and use any such timber required by him for constructing any tramway as aforesaid, or for buildings or firewood or other necessary purposes. (3.) The licensee or lessee shall be entit;led to depas- tureupon the land any stock used by him in connection with the mining operations upon the land, or kept for his own use or the use of persons employed by him in and about such mining operations. (4. ) Notwithstanding the license or lease, or the pendencyof any application therefor, the land may be mined upon for gold or minerals other than petroleum, coal, or mineral oil, and may be dealt with under the provisions of the Principal Act relating to mining for gold or such other minerals. - But any person mining for gold or such other minerals shall not interfere w.ith the workings of the licensee or lessee in actual use, or with any tramway, building, machinery, or plant used in connection with such workings, and shall not be .entitled to acquire any mining tenemeIilt upon the land except at such distance from such workings or from any such tramway, building, machinery, or plant as may be determined by the warden's court, and its decision with respect to all matters arising under this provision shall be final and without appeal. (5. ) Notwithstanding the license or lease, any person who is the holder of a miner's right, and is employed by the licensee or lessee, shall be entitled to occupy on that part of the surface of the land comprised in the license or lease which is not deemed to be in possession

MINING. 9249 1920. Mining Acts Amendment Act. PAnT 111.- AMENDMENTS OF "THE PETROLEUMACT of the licensee or lessee an area not exceeding half-an-acre OF 1915." . in extent as a residence area in accordance with the . provisions of the Principal Act. [9H.] (1.) There shall be reserved in every such lease Royalty. for mining for petroleum a royalty at the rate of twelve pounds ten shillings per centum of the gross value of all petroleum obtained during the term. (2.) There shall be paid by the Minister to the Reward to original licensee (but to no other person whomsoever) discoverer. who as aforesaid has been granted a lease of land com- prised in his license, during such period as he is occupying and working his said lease but no longer, a sum equal to two pounds ten shillings per centum of the gross value of all petroleum obtained during such period from mining therefor on any part of the land that was comprised in his said license, exclusive of the land comprised in his said lease, whether such petroleum was obtained by the State or by any lessee from the Crown. [9J.] Every lease for mining for petroleum shall, in Labour addition to all other covenants and conditions applicable covenant. to mineral leases, contain a covenant and condition on the part of the lessee, his executors, administrators, and assigns, as follows : - (a) To work the land demised by not less than one man for every eight acres or fraction of eight acres during the whole terIr), of the lease; Cb) Within six months after the commencement of the term, to erect upon the land a boring plant, if such plant has not been already erected under a license.; (c) And during the whole term of such lease, not to remove any buildings or machinery, plant, or other improvements ~ rected, placed or constructed upon the land,' except by the e:x:press permission of the Minister, or except for the purpose of the necessary repair or renewal thereof; , (d) A condition that for a first and second breach of any of the aforesaid covenants, dr of any of the covenants contained in the lease, the lessee shall pay such penalty not exceeding one hundred pounds as the MiniE1ter may impose, and that, on non-payment of such

9250 PART III.- AMENDMENTS OF "THE PETROLIWM ACT OF 1915." MINING.! Mining Acts Amendment Act. 10 GEO. V. No. 27, penalty or on the commission of any further breach of any of the said covenants, the lease' may be forfeited. Work done under a tribute agreement shall be a, sufficient compliance with the labour covenant. . No [9K.] The Minister shall not be empowered to grant ebxyetmhpetion any exemption from the covenants contained in any Minister. such lease as to the employment of labour. Returns. [9L.] The lessee or :qtanager of every mine worked for petroleum shall, not later than the fourth day of each month in each year, forward to the Minister a return in the prescribed form showing the amount of petroleum obtained from such mine during the last preceding month, and the value thereof, and such other particulars as to the operations of the mine as may be prescribed, and pay the amount, if any, due as royalty. If the amount of royalty due is not paid within fourteen days after such amount has been ascertained, any officer appointed for that purpose by the Minister may seize and take possession, on behalf of His MajE;sty, of any petroleum obtained from such mine, and the lease of such mine may be forfeited. Any manager who neglects or refuses to furnish any return as hereinbefore required, or who wilfully makes a false return, shall be liable to a penalty not exceeding one hundred pounds. Inspection of [9M.] The lessee or manager of a mine shall keep books, &0. proper books and accounts, from which may be ascer-" tained the amount of royalty payable in respect of the petroleum obtained from his mine, and also the correct- ness of any return, and, when required to do so, shall produce such books and accounts to any officer appointed by the Minister to examine th~ m. Any person who impedes or obstructs any such officer in the performance of his duty under this section shall be liable to a penalty not exceeding one hundred pounds. Application [9N.] All the provisions of the Principal Act with ~ ~ ;: ~ ~~ ~ ~ as respect to mineral leases shall apply to leases for mining to mineral for petroleum, except in so far as those provisions are leases. under this Act negatived or modified by this Act. .

, , MINING. 9251 PART IV.- 1920. I' Mining Acts Amendment Act. AMElIDJlENTS OF "THE MmEBS' HOMESTEAD LEA!:IES ACT PART IV. - AMEND~ ENTS OF "THE MINERS' HOMESTEAD OF 1913." LEASES ACT OF 1913." 24. This Part of this Act shall be read as one with Construction ?le" The Miners'· Homestead Leases Act 0/ 1913," in this of Part. Part referred to as the Principal Act. 25. (1.) From and after the date of the passing of N? further this Act no further miners" homestead leases shall be : ! : ~ ead granted under the Principal Act, and' no land shall be leases to be / available for application as miners' homesteads by tender, granted. and no land shall be .available for application or for sale as miners' homesteads except as miners' homestead perpetual leases. . (2.) All miners' homestead leases granted under the Existing Principal Act and .subsisting at the date of the passing of leases. , this Act shall, until the same are surrendered or resumed or the existing title thereto is otherwise determined, continue to be subject to the Principal Act as if this Act . had not been passed. . (3.) Any application for a miner's 40mestead lease Exis~ in~ made and approved by the warden under the Principal applicatHll:\S. Act but not finally approved at the date of the passing of this Act may, at the option of the applicant, be treated and finally dealt. with as an application f6r a miner's homestead perpetual lease. , Princ 2 i 6 p . a / l TAhcet : f-ollowing amendments are made in the mtCiaoelnnsatsem. qeunedn-· (i;) In the title, after the word "Homestead" the Amendment word "Perpetual" is inserted. oftitle. (ii.) In section one and in the heading of Part H., ~e~dment after the word "Homestead" the word" Perpetual" is 0 s.. inserted. (iii.) In section .two, after the word " HOMESTEAD" Amendment the word "PERPETUAL" is inserted. . of s. 2. (iv.) In every other section and schedule, the words Generally. "miner's homestead lease" wherever those words occur are repealed and the words" miner's homestead perpetual lease" are inserted in lieu thereof. (v.) In the definition of (" Lessee" in section three, Amendment the words" or after application accompanied by tender" of s. 3. are repealed. * 4 Geo. V. No.. 14, 8~ pra, page 5934.

9252 MINING. PART IV.- AMENDMENTS OF "THE Mining Acts A.mendment Act. Ib GEO. V. No. 27, MINERS' ,HOMESTEAD LEASES Am (vi.) In subsection one of section eight the words Am OF en 1 d 9 m 13 e ." nt " application by tender or" are repealed. ofs.8. Repeal of (vii.) Section fifteen is repealed. s. 15. (viii.) In the cross-heading above section sixteen the words " by tender or" are repealed. Amendment In the first paragraph of section sixteen the words of s. 16. "for application as miners'. homestead leases by tender or" are repealed. In the second paragraph of the said section the words "minimum rent or" and the words "as the case may be" are repealed. In the third paragraph of the· said section the words "for application by tender or" are repealed. The proviso to the said section is repealed. oAfms. en 1 d 7 m . ent as m(inixe.r)s' Ihnosmecetsitoenadselveeansetesebnythteenwdeorrodrs"" aforer arepppelaicleadti.on Repeal of s.18. (x.) Section eighteen is repealed. Amendment (xi.) In paragraph (b) of subsection three of section of s. 19. nineteen, before the word " lease" the word " perpetual" is inserted. In paragraph (b) of subsection six of the said section, after the words "open for" the word "perpetual" is inserted. oAfms. en2d2.ment word(sxi" i.) firIsnt pseurbiosedctoifonthoirntey oyfeasresc"tiaorne rtewpeenatlye-dtwanod, tthhee word "lease" is inserted in lieu thereof. . Repeal of s. 23. (xiii.) Section twenty-three is repealed and the following section is inserted in lieu thereof :- Rent. [23.] (1.) During the first ten years of a miner's homestead perpetual lease the annual rent reserved shall be- (a) In the case of a lease sold by auction a sum equal to three pounds per centum of the notified upset price or of such greater capital sum as has been bid by the lessee at auction; (b) In all other cases a sum equal to one pound ten shillings per centum of the capital value of the land according to the notification in respect of such land. (2.) The annual rent for each period of ten years thereafter shall be determined by the Warden upon the

MINING. 9253 ---- -------------------------- PARTlV.- 1920. Mining Acts Amendment Act. AMENDMENTS OF "THE MINERS' HOMESTEAD application of the lessee or the Minister made at least LEOAFS 1 E 9 S 13 A ." CT six months prior to the expiration of the then current period. If no such application is made within the prescribed time, the rent then payable shall continue to be the rent for the next period of ten years. (xiv.) In the first paragraph of section twenty-six, Amendment the words " during the first period of thirty years of the of s. 26. lease no such transfer" are repealed and the words "no such transfer of a lease" are inserted in lieu thereof. (xv.) In the third paragraph of section twenty-eight, Amendment after the word "fresh" the word "perpetual" is in- of s. 28. serted. The fourth and fifth paragraphs of the said section are repealed and the following provision is inserted in lieu thereof:- "The rent of the portion so transferred sha~ l be at the same rate as that reserved under the original lease, and the original lessee shall be entitled to a proportionate reduction of rent in resp~ ct of the portion so transferred." (xvi.) In subsection eight of section twenty-nine Amendment and in section thirty-seven the words " The Agricultural of ss. 29 and Bank Act (Oonsolidated) of 1911" or "The Workers,37. Dwellings Act of 1909" are repealed and the words *" The 'Queensland Government Savings Bank Act of 1916" are inserted in lieu thereof. PORT DUES REVISION. See SHIPPING. PREVENTION OF PROFITEERING. See MERCANTILE. PROBATE DUTIES. See SUCCESSION. PROFITEERING PREVENTION. See MERCAl\TTILE. * 7 Geo. V. No. 17, 8upra, page 7406.