Mining Acts Amendment Act of 1927 (18 Geo v No. 16) (Qld)

11996 MINING. Mining Acts Amendment Act. 18 GEO. V. No. 16, MINING. Mining Acts Amendment Act of 1927 Mining Acts Amendment Act of 1927, No. 2 Petroleum Act Amendment Act of 1927 18 Geo. V. No. 16 18 Geo. V. No. 25 18 Geo. V. No. 13 18 Geo. V. No. 16. THE MINING ACTS : ~ E~ : ~~ : 7~ An Act to further Amend the Mining Acts in certain particulars. [ASSENTED TO 31ST DECEMBER, 1927.] B E it enacted by the King's Most Excellent Majesty, by and with the ad"vice 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 Amendment Act of 1927." 'Parts. 2. This Act is divided into parts as follows : - PART I.-AMENDMENT OF THE MINING ACTS REGARDING TERMS OF LEASES; PART H.-PROVISIONS REGARDING APPLICATION FOR CONSTRUCTION OF AERIAL ROPEWAY; PART HI.-AMENDMENT OF *" THE MINING ON PRIVATE LAND ACT OF 1909" (AS AMENDED t" BY THE MINING ACTS AMENDMENT ACT OF 1925"); PART I.- AMENDMENT OF THE PART IV.-MISCELLANEOUS. MINING ACTS REGARDING PART I.-AMENDMENT OF THE MINING ACTS TERMS OF LEASES. REGARDING TERMS OF LEASES. Construction 3. This part of this Act shall be read as one with of this Part. t" The Mining Act of 1898," which Act, together with its subsequent amendments, is referred to herein as the Principal Act. Amendment (i.) Mter the second paragraph of section twenty- ~ ~ : ' ir~ n~ ~pal six of the Principal Act the following paragraphs are Act. inserted :- "Provided that a holder of a gold-mining lease who has duly performed and observed each and every the conditions, covenants, and stipulations of his lease '"9 Edw. VII. No. 15, !Supra, page 2233. t 16 Gee. V. No. 8, !SUpra, page 11354. t 62 Vic. No. 24 and amending Acts, supra, pages 2178 et seq.

l\UNING. : P~ : t. - 1927. Mining Acts Amendment Act. . t~ ~ o.~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- --- --- --- --~ ~ AQm (including in such term any renewal thereof granted under ~:~ the provisions of the' last preceding paragraph of th~ s LEAsiiiJ. section), and has duly performed and observed all pro- visions of the Principal Act and any regulations thereto applicable to such lease, and who is in lawful possession thereof, may at the expiration of the period of such lease apply to the Minister for a renewal of the term of such lease; and if the Minister is satisfied that the applicant has duly performed and observed suoh conditions, covenants, stipulations, and provisions as set out aforesaid, and that such applicant is in lawful possession of such lease, he shall grant a renewal of the term of such lease (hereinafter referred to as the "first renewal ") to such applicant for a further period not exceeding twenty-one years, on the same terms as may be in force with regard to gold-mining leases at the time of such first renewal: Provided further that theMinister,on the completion of the period of such first renewal and on being satisfied as in the case of the application for such first renewal, shall in like manner grant a further renewal or renewals of such lease for a period or periods, as the case may be, not exceeding, in respect of each renewal, twenty-one years, as he thinks proper under the cifcu,mstances : Provided further that such further renewal or renewals of such lease shall be granted on the same terms as may be in force with regard to gold-mining leases at the time of such further renewal or renewals." (ii.) After the second paragraph of section thirty- ~me~~ ;nt three of the Principal Act the following paragraphs are ~ h: · Prin~ jpal inserted :_ Act. "Provided that a holder of a mineral lease who has duly performed and observed each and every the con- ditions' covenants, and stipulations of his lease (including in such term any renewal thereof granted under the provisions of the last preceding paragraph of this section), and has duly performed and observed all provisions of the Principal Act and any regulations thereto applicable to such lease, and who is in lawful possession thereof, may at the expiration of the period of such lease apply to the Minister for a renewal of the term of such lease, and if the Minister is satisfied that the applicant has duly performed and observed such conditions, covenants, stipulations, and provisions as set out aforesaid, and that such applicant is in lavdul possession of such. lease,

11998 MINING. PART 1.- AMENDMENT Mining Acts Amendment Act. 18 GEO. V. No. 16, OF THE ;.MINING Aors - - - - - - - - - - - - - - - REGARDING ·TERMS OF he shall grant a renewal of the term of such lease LEASES. (hereinafter referred to as the" first renewal") to such applicant for a further period not exceeding twenty-one years, on the same terms as may be in force with regard to mineral leases at the time of such first renewal: Provided further that the Minister,on the completion of the period of such first renewal and on being satisfied, as in the case of the application for such first renewal, shall in like manner grant a further renewal or renewals of such lease for a period or periods, as the case may be, not exceeding, in respect of each renewal, twenty-one years, as he thinks proper under the circumstances:- Provided further that such further renewal or renewals of such lease shall be ·granted on the same terms as may be in force with regard to mineral leases at the PART II.- time of such further renewal or renewals." PROVISIONS REGARDING MPLIOATION FOR CONSTRUOTION PART H.-PROVISIONS REGARDING ApPLICATION OF AER:IAL RoPEWAY. FOR CONSTRUOTION OF AERIAL ROPEWAY. Meaning of 4. In this part of this Act, *" The Mining Act of " AcPtr. i"ncipal 1898," with its subsequent amendments, is referred to as the Principal Act. Interpreta· (i.) In this part of this Act, unless the context other- tion. wise indicates, the following terms have the meanings set against them respectively, that is to say- Crown land. "Crown land"-All vacant land of the Crown and all land held under any tenure whatsoever from the Crown in respect of which no grant of the fee simple has been issued or lawfully contracted to be so issued before the passing of this Act; Occupier. "Occupier"-The person in actual occupation of any private land; or, if there is no person in actual occupation, the person entitled to possession thereof ; Owner. " Owner "-The owner or registered proprietor in fee simple of any private land, or the person who for the time being is entitled to receive the rent of such private land or who, if the same were let to a tenant at a rack-rent, would be entitled to receive the rent thereof : * 62 Vie. No. 24 and amending Acts, 8upra, pages 2178 et 8eq.

1927. MINING. 11999 PART !I.- Mining Acts Amendment Act. PROVISIONS REGARDING ApPLIOATION FOR th . hceentseeremorallseossienecloufdelasntdhehep 1 dersuonndewrhaonyis A thcet COORNFOSPTAEREWURCAIATYIL.ON relating to Crown land, and also includes the Crown and every trust, corporation, or body having lawful control of the land in question; " Prescribed"-Prescribed by this Act; Prescribed. " Private land"-Land which has been alienated Private land. at any time whensoever 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 land of which an estate in fee simple may be acquired by the occupier or any other person immedi- ately or at a future time, with or without performance of any conditions; "This Act"-This Act and all regulations made This Act thereunder. Generally, save as hereinbefore provided, the terms used have the meanings respectively assigned to them by the Principal Act. (ii.) (a) Notwithstanding anything contained in any Application Act or in the Principal Act, it shall be lawful for the ~ oe~ mission holder of a mining tenement to apply to the Warden for 1,0 ~onstruct permission to construct and maintain an aerial ropeway ~ ~ ;ea~ay. (including in such term all ropes, standards, poles, and other appliances necessary in regard thereto) for the purpose of the conveyance by means of such ropeway of any metals or minerals and the ores thereof mined by t he said holder. Such permission may be applied for in respect of the traversing by such ropeway of any Crown land or any private land. (b) Such application may be in the nature of an Nat~ re of application for a permit to construct such aerial ropeway applicatlOn. or for a lease, easement, or other such interest in the land as the case may require for such aerial ropeway purposes. (c) The Warden may in his discretion grant such Jurisdiction application subject to such conditions as he may think of Warden. just and equitable Or he may refuse such application. L

12000. MINING. PART II.- PROVISIONS REGARDING Mining Acts Amendment Act. 18 GEO. V. No. - 16~ ApPLICATION - - - - - - - - - - - - - - - - - - - - - - - - - CONS: ~ : CTION Such conditions may provide for compensation by ORFOPAEEWRAIAYL. way of annual rental or otherwise being paid from time to time as occasion may require by the grantee of such permission to the owner and/or occupier of the said lands,. which lands are subject to being traversed by such ropeway, and such sum shall be payable by order of the Warden accordingly. Moreover, the Warden may make an order against such grantee to pay such sum as compensation as he shaH think fit for any damage that may occur to any owner or occupier or other person by reason of the neglect or default of the holder of such permit in the construction, operation, or maintenance of such ropeway. Any order of the Warden may be enforced ill the same manner as a judgment of the Supreme Court. Owner's (d) Any owner or occupier whose lands will be' hriegahrtd. to be' subject to being traversed by such ropeway shall be notified, in the manner prescribed, of the hearing of any such application to the vVarden for permission to construct such ropeway, and shall have a right to be heard at the hearing of such application. Reference (e) In the event of the Warden refusing any such b Mini.t",r. application for such ropeway, such applicaLt may appeal from the decision of the Warden to the Minister, whose decision in the matter (including any conditions as to the granting of same that he may think just and equitable to impose) shall be final and conclusive, and shall not be subject to any further review in any other court of law or tribunal whatsoever. Any condition imposed by the Minister ordering that compensation be payable to any person shall be enforced in the same manner as if it were an order of the Warden. Private agreement. (iii.) Nothing in this Act shall prevent the holder of a. mining tenement from entering into any private agreement with the owner or occupier of the land through which it is proposed to traverse by such aerial ropeway. Any such agreement shall be duly filed in the office of the Warden, and shall be in all respects of the same force and effect as if permission had been granted by the Warden or the Minister, as the case may be, pursuant to this Act. Regulations. (iv.) The Governor in Council may from time to tim.e make such regulations as may be necessary, convenient, or expedient to carry out the objects and purposes of this Act.

MINING. 12001 PUT II.- 1927. ..llining Acts Amendment Act. PROVISIONS, REGARDING APPLICATION Without limiting the generality of the f orego . lng CONSTFROURO'rJON provision, such regulations may provide for- OF AERIAL ROPEWAY. (a) The form of application for permission; the form of permit, lease, easement or other interest in the land, as the case may be ; (b) The registration and recording of such permit, lease, easement or other interest in the land, as the case may be; . (c) The forfeiture, cancellation, revocation, or suspension, as the case may be, of such permit,lease, easement, or other interest in land; (d) The hearing of applications to the Warden and of appeals to the Minister by an applicant or owner or occupier in respect of any grant or refusal of such application; (e) The form and service of notices; (f) Further provisions and conditions with respect to permits, leases, easements, or other interests in the land, as the case may be; . (g) Fees in respect of applications for and grant of permission; (h) Where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary, convenient, or expedient to give effect to this Act, pro- viding for and supplying such omission or insufficiency. Such regulations shall be published in the Gazette and shall thereupon have the same force and effect as if they were embodied in and formed part of this Act, and shall be judicially noticed, and shall not be questioned in any proceedings ~·hatever. . Such regulations shall be laid before Parliament within fourteen days after such publication, if Parliament is then sitting, and if not, then within fourteen days after the beginning of the then next session of Parliament.

12002 MINING. PART III.- AMENDMENT OF THE Mining Acts Amendment Act. 18GEo. V.No.16, 1927. MINING ON PRIVATE LAOFND 19 A 0 C 9 T PART IlL-AMENDMENT OF *" THE MINING ON PRIVATE (AS AMENDED BY THE LAND ACT OF 1909" (AS AMENDED BY t" THE MINING ACTS AMENDMENT MINING ACTS AMENDMENT ACT OF 1925 "). 0; :CT 192~ 5. To the definition of "Private land" in section of~ ~ fi:: ' f: : n 21A of *" The ~ Mining on Private Land Act of 1909" (as of "P;;ivate enacted by t"The Mining Acts Amendment Act of 1925 ") Land. the following paragraph is added:- "The term" Private land" shall also include any land acquired or held by any person as a perpetual town lease or perpetual suburban lease or a perpetual country lease, pursuant to section one hundred and twenty-one of t" The Land Act of 1910" and its several amendments: the term also includes any town or suburban lease acquired or held by any person pursuant to the provisions of §" The Workers' Homes Acts, 1919 to 1920," and also any irrigation holding acquired or held by any person pursuant to the provisions of 11" The Irrigation Act of 1922," or any land acquired or held by any person as a perpetual lease under the provisions of ~ " The Sugar Workers' Perpetual Lease Selections Acts, 1923 to 1926."" PART IV.- MISCEL- Co L ll A e N c E ti O v U e S. PART IV.-MISCELLANEOUS. 6 . E! Jxcetp ' In cases where"It IS 0 therW. lse necessary title. of by law, either expressly or by implication, and without Mmlllg Acts. prejudice to any other mode of citation, **" The ..Llfining Act of 1898" and any Acts subsequently amending the same may be collectively cited and referred to as " The Mining Acts, 1898 to 1927." .. 9 Edw. VII. No. 15, s~ tpra, page 2233. t 16 Geo. V. No. 8, supra, page 11354. :j: 1 080. V. No.. 15 and amending Acts, supra, pages 8775 et Beq. § 10 Geo. V.No. 7 and amending Acts, supra, pages 10415 and 11316. 1113 Geo. V.No. 29, supra, page 10218. "if 14 Geo. V. No. 20 and 17 Geo. V. No. 15, 8upra, pages 10629 and 11608. ** 62 Vie. No. 24, supra, page 2178.