Mining Acts Amendment Act of 1925 (16 Geo v No. 8) (Qld)

MINING. Mining Acts Amendment Act. 16 UEO. V. No. 8, MINING. Mining Acts Amendment Act of 1925 CoalMiningAct of 1925 .. 16 Qeo. V. No. 8 16 Gea. V. No. 30 16 N G o. eo 8 . . V. An Act to further Amend the Mining Acts in THE MINING . certain particulars. ACTS AMENDMENT ACT OF 1925. [ASSENTED TO 12TH OCTOBER, 1925.] B E it enacted by the King's Most Excellent MaJesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Mining Acts and . Amendment Act of 1925." *"The Mining Act of 1898" ocof nAscttr.uctIOn I . S hereI. n referred t 0 as the Pn' nC.lpa I Act. Amendments of the Principal Act. AppeeJa to 2. Notwithstanding anything contained in the f M ro in m ister Principal A ct or any regulations made thereunder, in warden's any case where any proceedings for forfeiture of any ! ~ isl~ ~ tB mining tenement or share therein are within the or Cl ure, jurisdiction of the warden, whether or not his decision thereon is final, an appeal from the decision of the warden with respect to any such forfeiture shall not lie to any court but shall lie to the Minister in the manner and within the time and subject to such conditions as may be prescrjbed with respect to such appeals. The decision of the Minister on any such appeal shall be final and without appeal. Gold-mining 3. Notwithstanding anything contained in the ~ ~~ t~ ~ and Principal Act, a gold-mining lease may be granted under ~ ut~ ide the the Principal Act of any private land within the ~ l: : 'af! ed meaning of t" Th~ Mining on ?rivate l!and Act of 1909" goldfields. as amended by thIs Act, notwlthstandmg that the land comprised therein is situated wholly outside the limits of a goldfield constituted and proclaimed or deemed to have been constituted and proclaimed under the Principal Act or partly within such limits and partly outside the same. * 62 Vie. No. 24, supra, page 2178. t 9 Edw. VII. No. 15, supra, page 2233.

1925. MINING. Mining Acts Amendment Act. 11855 Amendments of *" The Mining on Private Land Act of 1909." 4. The following amendments are made in *"TheAmendmen. Mining on Private Land Act of 1909 " : - ;f Ed". VII. No. lIS. (i.) In the definition of" Private laIld" in section Amendment. four, before the words" does not include," where those of s. 4. words respectively occur in the three last paragraphs, the words" (subject,however, on and after the date of the passing of "The Mining Acts Amendment Act of 1925," to the provisions of section 21A of this Act)" are respectively inserted. (ii.) After section twenty-one, the following section is inserted :- "[21A.] Notwithstanding anything to the contrary Further in this Act contained, on and after the date of the de~ itionB passing of "The Mining Acts Amendment Act of 1925" ~ : clarations. the following provisions shall have effect :- (1.) In lieu of the definition of "Mineral as distinguished from gold" in section four of this Act, the following definition shall be substituted:- " "Mineral as distinguished from gold "-Alu- Mineral. minium, antimony, arsenic, bismuth, cobalt, copper, iron, lead, manganese, mercury, molybdenum, nickel, platinum and allied metals, silver, tin, titanium, tungsten, zinc, and the ores of these metals ; also chryso- prase, sapphire, diamond, zircon, emerald, garnet, opal, ruby, turquoise, tourmaline, agate, amethyst, beryl, chalcedony, r.ock crystal, fluorspar, serpentine, topaz, and other precious and semi-precious stones; also alum, apatite, asbestos, barytes, coal, calcite, 'chalk, chert, silica, cryolite, dolomite, diatomite, felspar, fuller's earth, gypsum, graphite, magnesite, limestone, marble, mica, mineral oils, natural gas, oil shales, phos- phates, rock salt, sulphur, steatite, talc; also chromite, bauxite, corundum, emery, garnet rock, clay shale, fireclay,· kaolin, pipeclay, pottery clay, terra-cotta clay and other. * 9 Edw. VII. No. 15, 8upra, page 2233.

11356 MINING. Mining Acts Amendment Act. 16 GEO. V. No. 8, ceramic, refractory and abrasive minerals; also mineral fertilisers and mineral pigments; also monazite, pitchblende, zirconia., and other rare earths." Private land. (2.) In lieu of the definition of " Private hmd" in section four of this Act, the following definition shall be substituted, and" Private land" as so defined shall in all respects.be subject to the provisions of this Act:- " "Private land "-All land which has been alienated from the Crown for an estate in fee simple or which is lawfully contracted to be so alienated; also land held under any Act relating to Crown lands of which an estate in fee simple may be acquired by the occupier or any other person immediately or at a future time with or without performance of any conditions: The term so far as relates to coal expressly includes land subject to *"The Agricultural Lands Special Purchase Act of 1901," whether alienated in fee simple f.com the Crown or not so alienated: The term, however, tioes not include- (a) A reserve; or (b) So far as relates to coal-land (not being subject to *"The Agricultural Lands Special Purchase Act of 1901") which was alienated in fee simple from the Crown on or before the first day of March, one thousand nine hundred and ten." G?ld and (3.) Subject to this Act, gold and all minerals mthme eprraolpsearrtey ( SU b J. ect, however, t 0 the prOVI.S.Ions as t 0 cioa tcon· aIned of the Crown. jn the proviso next hereinafter contained) on or below the surface of all land in Queensland, whether alienated in fee simple or not so alienated from the Crown, and if so alienated, whensoever alienated, are and each of them is the property of the Crown: Provided that coal on or below the surface of land (except land subject to *" The Agricultural Lands Special Purchase Act of 1901 ") which was alienated in fee simple from the Crown on or before the first day of March, one thousand nine hundred and ten, is the property of the grantee of the land or of his successor in interest to the land or to the coal. * 1 Edw. VII. No. 23. supra, page 4028.

MINING. 11357 1925. Mining Acts Amendment Act. (4.) All Crown grants and leases under any Act !'teservations relating to Crown land thereafter issued shall contain a ~ ~ ~ ~ : ~ d reservation of all gold and minerals on and below the leases. surface of the land comprised therein, and also a reservation of the right of access for the purpose of searching for or working any mine for gold or minerals in any part of the land. (5. )- Priority ( ~ . . ) S 0 f ar I as re t a es to mI . n , Ing for' SlI ver upon itno sopwenceiarl private land alienated in fee simple in pur- cases. suance of section twenty-two of *" The Crown Lands Alienation Act of 1860" or section thirty-two of *" The Crown Lands Alienation Act of 1868" or section twenty-one of *" The Mineral Lands Act of 1872" ; and (ii.) So fa r as relates to mining for copper, tin, opal, and antimony upon private land situated within the limits of a goldfield or mineral field and alienated in fee simple before the first day of March, one thousand eight hundred and ninety-nine, or upon private land situated elsewhere and alienated in fee simple before the first day of March, one thousand nine hundred and ten; and (iii.) So far a·s relates to mining for all other minerals (except coal on or below the surface of land subject to t" The Agricultural Lands Special Purchase Act of 1901 )," upon priva.te land alienated in fee simple before the first day of March, one thousand nine hundred and ten, if within one year after the date of the passing of "The Mining Acts Amendment Act of 1925" the owner or any transferee or assignee of the owner of such private land makes application for a mining tenement comprising the whole or part of such land, his appli- cation, save as next hereinafter provided, shall have priority over all others. Notwithstanding anything hereinbefore or in any other Act to the contrary contained, where at the date of the passing of "The Mining Acts Amendment Act of 1925 " any person is by virtue of any conveyance, * Repealed. See Historical Table, Statutes, Vol. VI. t I Edw. VII. No. 23, 8upra, page 4028.

11358 ss. 1, 2. MINING. Coal Mining Act. 16 Gm. V. No. 30, lease, license, or other private agreement as against the owner of any such land entitled to mine for any mineral on or under such land, then if within one year after the date of the passing of the said last-mentioned Act such person makes application for a mining tenement in respect of such land or part thereof comprised in such conveyance, lease, license, or other private agreement, his application shall have priority over a.ll others, including that of the owner of such land, and notwith- standing any neglect or refusal on the part of such owner to consent to the application. " 16 Geo. V. An Act to Consolidate and Amend the Laws with T::' ~ ~ : L respect to Prospecting and Mining for Coal MI O N F IN 1 G 925 A . OT and the Regulation of Coal Mines. [ASSENTED TO 13TH NOVEMBER, 1925.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- PART I.- PRELIMINARY, PART I.-PRELIMINARY. Short title 1. (1.) This Act may be cited as "The Coal Mining amnedncceomme- nt Act of 1925," and shall come into operation on the first of Act. day of January, one thousand nine hundred and twenty- six, which date is hereinafter referred to as "the commencement of this Act." Parts of Act. (2.) This Act is divided into Parts, as follows : - .PART 1. -PRELIMINARY ; PART II.-COAL-MINING LICENSES AND LEASES; PART IIl.-DRAINAGE OF COAL MINES; PART lV.-REGULATION OF COAL MINES; PART V.-MISCELLANEOUS PROVISIONS. Repeal.. 2. (1.) So much of the provisions of *"The Mining Acts, 1898 to 1921," and of t" The Mines Regulation Acts, 1910to 1916," and of t" The Mining for Coal and Mineral -------- ------- * 62 Vic. No. 24 and amending Acts, 8upra, pages 2178 et 8eq. t 1 Geo. V. No 24, 3 Geo. V. No. 5, 7 Geo. V. Xo. 12, 8upra, page 8077. t 3 G.eo. V. No. 6, 8upra, page 5675.