Mining Acts Amendment Act of 1929 (20 Geo v No. 35) (Qld)

12738 MINING. Mining Acts Amendment Act. 20 GEO. V. No. 35, MINING. The Mining Acts Amendment Act of 1929 . . 20 Geo. V. No. 35 The Petroleum Acts Amendment Act of 1929 20 Geo. V. No. 17 20NGo.eo3. 5V. . An Act to Amend "The lVIining on Private Land Act THE MINING ACTS AMENDMENT ACT OF 1929. of 1909" (as amended by subsequent Acts), and to Amend the Law relating to Miners' Homesteads in certain particulars, and for purposes incidental thereto or consequent thereon. [ASSENTED TO 23RD DECEMBER, 1929.] B E it enacted by the King's Most Excellent .Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows;- PART I.- PRELIMINARY. PART I.-PRELIMINARY. Short tItle 1. This Act may be cited as "The Mining Acts a co n m d mence. Amendment Act of 1929," and shall take effect on a date ment of Act. to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Parts of Act. 2. This Act is divided into Parts, as follows ; - PART I.-PRELIMINARY; PART H.-AMENDMENTS TO THE MINING ON PRIVATE LAND ACTS; PART IH.-AMENDMENTS IN THE LAW RELATING TO MINERS' HOMESTEADS; .P A R T I I . - PART IV.-GENERAL PROVISIONS. AMENDMENTS 70TRE MINING ON PRIVATE LAND ACTS. PART n.-AMENDMENTS TO THE MINING ON PRIVATE LAND ACTS. I t n io te n r . preta. indic 3 at . esI, nthethties rmPa" rTt, heuMnleinsisngtohne PrciovnatteexLt anodthAercwtiss" e shall mean and include *" The Mining on Private Land Act of 1909" as amended by t" The lYlining Acts Amend- ment Act of 1925" and t" The Mining Acts Amendment Act of 1927." Such Acts in this Part shall bereferred to as the " Principal Act." * 9 Edw. VII. No. 15, 8upra, page 2233. t 16 Geo. V. No. 8, 8upra, page 11354. t 18 Geo. V. No. 16, supra, page 11996.

MINING. 12739 1929. Mining Acts Amendment Act. Amendment of the Principal Act. PART II.- AMENDMENTS TO THE) MINING ON PRIVATE LAND ACTS. 4. (1.) Notwithstanding anything to the contrary~ xception contained in the Principal Act or in any other law or l I a II nrdesspect of process of law to the contrary, from and after the alien~ ted in commencement of this Act the Principal Act so far as ~ ':r!~~ ~!et, o relates to minerals other than gold shall not apply s. ~l of" The and extend to land alienated in fee simple under and fft;:::rai t './ pursuant to the provisions of section twenty-one of 1:72.~ ' C 0 *" The Mineral Lands Act of 1872": (2.) Provided, however, that any mining tenement in Savings. respect of land alienated in fee simple under and pursuant to the provisions of the said section twenty-one of *"The Mineral Lands Act of 1872," and which at the com- mencement of this Act is leased, occupied, used, or enjoyed under and pursuant to the provisions of t" The Mining on Private Land Act of 1909" as amended by r'The Mining Acts Amendment Act of 1925," shall, until the same is surrendered or resumed or the existing title thereto is otherwise determined, continue to be subject to the provisions of t" The Mining on Private Land Act of 1909" as amended by t" The Mining Acts Amendment Act of 1925," in the same manner as if this Act had not been passed. 5. Section 21A of the Principal Act (inserted by Amendment section four of t" The Mining Acts Amendment Act ofo£ s. 21A. 1925 ") is amended as follows : - After the first paragraph of subsection three the following proviso is inserted :- "Provided that the aforesaid provisions of this 8ubRectjon shall not extend and apply in respect of minerals other than gold on or below the surface of land alienated in fee simple under and pursuant to the provisions of section twenty-one of *" The Mineral Lands Act of 1872." " 6. The Principal Act, as amended by this Part, C:0llective may collectively be cited as "The Mining on Private tItle. Land Acts, 1909 to 1929." * See earlier volumes. t 9 Edw. VII. No. 15, supra, page 2233. t 16 Geo. V. No. 8, supra, page 11354.

12740 MINING. PART III.- Mining Acts Amendment Act. 20 GEO. V. No. 35, AMENDMENTS - - - - - - - - - - - - - - - - - - - - - IN THE RELA L T A IN W G TO PART IlL-AMENDMENTS IN THE LAW RELATING TO ~ IINERS' HOMESTEADS. MINERS' HOMESTEADS. Interpreta. tion. 7. In this Part, unless the context otherwise indicates or requires, *" l l he Miners' Homestead Leases Act of 1913," as amended by t" The Mining Acts Amendment Act of 1920" and t" Miners' Homestead Perpetual Leases Act Amendment Act of 1921," is referred to as the Principal Act. This Part shall be read as one with the Principal Act, and the Principal Act and this Part may collectively be cited as "The Miners' Home- stead Leases Acts, 1913 to 1929." Amendment 8. From and after the commencement of this Act, ( i) ~ c~,i~~5 subsection one of section twenty-five of t" The ~ JJ1ining Mining Acts Acts Amendment Act of 1920" is repealed. Amendment Act of 1920." Subsection two of the said section is renumbered subsection one. Subsection three of the said section is repealed and a new subsection, numbered (two), is inserted in lieu thereof:- Exis~ in~ " (2.) Any application for a miner's homestead applIcatIOns. perpetual lease made and approved by the warden under the Principal Act but not finally approved at the date of the commencement of §" The Mining Acts Amendment Act of 1929" may, at the option of the applicant, be treated and finally dealt with as an application for a miner's homestead lease." Amendments of Principal Act. aVomfetreibtnladel,m&enc.ts by d 9 el . et ( i a n ) g Tthhee wtitolred o"f PtehrepePturianlc." ipal Act IS amended (b) The word " Perpetual" in section one is deleted. (c) The word "PERPETUAL" in section two is deleted. (d) In the heading of Part Il. thlj word " PERPETUAL" is repealed. * 4Geo. V. No. 14, supra, page 5934. t 10 Geo. V. No. 27, supra, page 9237. t 12 Geo. V. No. 16, supra, page 9762. § 20 Geo. V. No. 35 (this Act).

MINING. 12741 1929. - ~- Mining Acts Amendment Act. - - - - - - - - - - - - - - - - - ~ - - - - - ~ - PART III.- AMENDMENTS IN THE - - - - - - ~ LAW 10. Section three of the Principal Act is amended R~~ : !~ ~ , TO as follows:- HOMESTEADS. Amendment (a) In the definition of "Lessee" the words of s. 3. " miner's homestead perpetual lease" are repealed and the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. (b) The definition of "Miner's Homestead" is repealed and the following definition is inserted in lieu thereof :- " "Miner's Homestead"-Land comprised in a" Miner's miner's homestead lease or a miner's Homestead." homestead perpetual lease, as the case may be ;". (c) The definition of "Miner's Homestead Perpetual Lease" is repealed and the following definitions are inserted in lieu thereof, viz.:- "" Miner's HomesteadLease"-Any miner's home- Miner's stead lease granted pursuant to the pro- ~ eoa~ : . stead visions of *" The Miners' Homestead Leases Act of 1913" or under Part VIII. of the Principal Act or under any Act repealed by the Principal Act, or any miner's homestead lease granted pursuant to the provisions of t" The l11ining Acts Amendment Act of 1929" ; " Miner's Homestead Perpetual Lease"-Any Miner's miner's homestead perpetual lease granted HPeormpeetsuteaal d pursuant to the provisions of *"The MinerS'Lease. Homestead Leases Act of 1913 " as amended by t" The Mining Acts Amendment Act of 1920" and §"The Miners' Homestead Per- petual Leases Act Amendment Act of 1921," or pursuant to the provisions of t"The Mining Acts Amendment Act of 1929." " 11. In section five, before the words "miner's Amendment homestead perpetual lease," the words" miner's home- of s. 5. . stead lease or a" are inserted; also, before the words " of any Crown " the words and brackets " (as the case may be)" are inserted. * 4 Geo. V. No. 14, supra, page 5934. t 20 Geo. V. No. 35 (this Act). t 10 Geo. V. No. 27, supra, page 9237. § 12 Geo. V. No. 16, 8upra, page 9762.

12742 MINING. PART HI.- AMENDMENTS IN THE LAW Mining Act8 Amendment Act. 20 GEO. V. No. 35, RELATING TO A H m MOMI e NE n EB d RT m ESA' e D n S . t A ct, 1a2 f t.erInt h seuwbsoercdtsio ' " n Itswsuoeooffs" ectthioenwsoixrdosf " thaenyP . rminIcniepra , sl of s. 6. homestead lease or " are inserted. Also, after the words "perpetual lease" the words and brackets "(as the case may be)" are inserted. Aofms.en7d. ment " mi1ne3r.'sShecotmioenstseeavdenpeisrpaemtueanldeledabsey" daelnedtiningstehretinwg otrhdes words" miner's homestead" in lieu thereof. Amendment 14. In subsection one of section eight, the words of s. 8. "miner's homestead perpetual lease" are repealed and the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. Amendment 15. In the first paragraph of section sixteen, the of s. 16. words "miners' homestead perpetual leases" are repealed and the words "miners' homesteads" are inserted in lieu thereof. Amendment 16. In section seventeen, the words" miners' home- of 8. 17. stead perpetual leases," where they twice occur, are repealed and the words "miners' homesteads" are respectively inserted in lieu thereof. Amendment of s. 19. 17. Section nineteen is amended as follows :- (a) In subsection one, the words " miners' homestead perpetual leases" are repealed and the words" min?rs' homesteads" are inserted in lieu thereof. (b) In paragraph (b) of subsection three, the words " perpetual lease" are repealed and the word "lease" is inserted in lieu thereof. (c) In paragraph (b) of subsection six, the words " miner's homestead perpetual lease" are repealed and the words "miner's homestead" are inserted in lieu thereof; also, after the words "open for" the word " perpetual" is deleted. Amendment 18. In section 19A, the words "miner's homestead of s. 19A. perpetual lease" are deleted and the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof; also, the words "miners' homestead perpetual leases" are

MINING. 12743 1929. Mining Acts Amendment Act. PART III.- A~ IENDMENTS IN THE LAW RELAn:s'G TO deleted and the words "miners' homestead leases or H MINERS' miners' homestead perpetual leases (as the case may be)" OMBSTEADS. are inserted in lieu thereof. 19. Subsection six of section twenty-one is amended Amendment by deleting the words "miner's homestead perpetual of s. 2l. lease" and inserting" miner's homestead lease or miner's homestead perpetual lease (as the case may be)" in lieu thereof. 20 Subsection one of section twenty-two is Amendment, amended by omitting all words from and including of s. 22. " A miner's" to'and including the words "during the lease-" and inserting the following words in lieu thereof:- " A miner's homestead lease or a miner's homestead perpetual lease (as the case may be) shall be a lease in perpetuity, and shall be deemed to commence on the date of the approval of the application or purchase. The lessee shall, in the case of a miner's homestead lease, during the first period of thirty years, or in the case of a miner's homestead perpetual lease, during the lease-". 21. The following section is inserted in the Principal Act and num ber~ d section twenty-three, and section now numbered twenty-three 1s numbered 23A accordingly :- "[28.J (1.) The annual rent reserveO' by a miner's R~nt of homestead lease shall, during the first period of thirty ~ ~ : ; - , e: ~ ~ ead years, be-- lease. (a) In the case of a lease set apart to be sold and sold by auction, one-thirtieth part of the purchase price; (b) In all other cases, one-thirtieth part of the capital value of the land according to the notification in respect of such land. But the rent for any area shall not be less than five shillings per annum. (2.) After the expiration of such period, the annual rent shall be one shilling and no more, if demanded. (3.) A lessee may at any time or times pay in advance the rent reserved in his lease for the whole of any portion not being less than one year of such period." y

12744 MINING. PART IIl.- AMENDMENTS IN THE Mining Acts Amendment Act. 20 GEO. V. No. 3l', LAW RELATING TO • N HO f M \ M w IEN s SET e RE c SA t ' i D o S n . sec t· Io 2 n 2. I . SA . IfntSeerr t see d ct:IO-n twenty-four the following new 24A. Application " [24A.] (1.) Any lessee of a· miner's homestead h b o y mmeisnteerasd' perpetual lease acquired and held under the provisions perpetual of section twenty-one of *"The Miners' Homestead Leases cleosnsveeesrsfioorn Act of 1913" as -amended by t"The Mining Acts Amend- to miners' ment Act of 1920" and t"The Miners' Homestead Perpetual lheoamseess. tead Leases Act Amendmf!nt Act of 1921 " may give notice to the warden that he desires a miner's homestead lease of the land comprised in such miner's homestead perpetual lease. (2.) Such notice shall be given within six months after the commencement of this Act or within such further time as the Minister may in his discretion allow. Moreover such notice shall be accompanied by the proportion of the annual rental of such lease as herein- after determined, calculated up to the thirty-first day of December next following. (3.) Upon receipt of a notice as aforesaid, the subsisting miner's homestead perpetual lease shall be deemed to be a miner's homestead lease of the land therein referred to as from the date of the endorsement referred to in subsection four of this section. (4.) An endorsement in terms of subsection three hereof shall be made on the instrument of lease concerned,. which shall remain in force, together with all encum- brances thereon, subject to the terms and conditions imposed by this section. (5.)- (a) The capital value of the land shall be the same amount as the capital value of the land under the perpetual lease, and shall be deemed the purchase price of the miner's homestead lease. (b) Bxcept as modified by §" The Mining Acts Amendment Act of 1929," the provisions of section twenty-one of *" The Miners' Homestead Leases Act of 1913 " as amended by t" The Mining Acts Amendment Act of * 4 Gco. V. No. 14, supra, page 5934. t 10 Geo. V. No. 27, supra, page 9237. t 12 Geo. V. No. 16, supra, page 9762. § 20 Geo. V. No. 35 (this Act).

MINING. 12745 - - - - - - - - - - - - - - - - - - ~ . - - - - ~ ~ ~ - ~ - - - - - ~ - ~ - - PART nI. ~ 1929. Minipufj Acts Amendment Act. AMENDMENTS IN THE - ~ - ~ - - - - - - - -- - -~ - -- - -- ~- -- - ~- - -- - -- - -- - - LAW RELATING TO * 1920" and "The Miners' Homestead Perpetual MINERS' Leases Act Amendment Act of 1921" shall HOMESTEADS. apply to land dealt with under this secti~ : m. (c) The lease so endorsed shall be subject to the payment of an annual rental which shall be fixed at a sum equal to one-thirtieth part of the capital value. Past payments of rent, except so far as they constitute overpayment, shall not be credited to rent payable under the new lease. (6.)- (a) Notwithstanding the provisions of paragraph (a,' of subsection five of this section, if the lessee at the same time as he lodges his notice produces evidence that the existing capital value is greater than the present unimproved value of the land, he may at that time make application to the warden on the prescribed form for a review of such value. (b) Such evidence shall be in the form of a statutory declaration or an affidavit, setting out fully the facts on which the lessee relies to support his contention that .thc existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. (d) The warden shall thereupon determine the unimproved value of the land as at the date of the application for review of such value. In such determination the warden shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present cap:tal value of the larld or at any amount higher or lower than such capital value. The value as so determined shall become the capital value of the land, and any * 12 Oeo. V. No. 16, 8up;-a, page 9762.

12746 PART III.- A~ lENDMENTS IN THE LAW RELATING TO MINERS' HOMESTEADS. MINING. Mining Acts Amendment Act. 20 GEO. V. No. 35, necessary adjustment in regard to the amount paid as deposit shall forthwith be made. (7.) Notwithstanding anything contained in any Act to the contrary, when any lease dealt with under this section is charged or made security for the payment of any sum of money by the registration of a memorandum of mortgage or charge, or is subject to a sublease registered in the books of the warden andlor Depart- ment of Mines, such memorandum of mortgage or charge or sublease shall not be extinguished by any action under the terms of this section, and as between the parties to the said memorandum of mortgage or charge or sublease and all other persons such memorandum or mortgage or charge or sublease shall be and remain good and effective, and shall have the same force and effect as if the terms and condil>ions of the original lease had remained unaltered." Amendment 23. In section twenty-six, the words "miner's of s. 26. homestead perpetual lease" are repealed and the words" miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. Amendment 24. In section twenty-seven the words "miner's of s. 27. homestead perpetual lease" are repealed and the words" miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. Amendment 25. The following amendments are made in section of s. 28. twenty-eight :- (a) In the third paragraph, the word" perpetual" is repealed. (b) In the fourth paragraph, before the words" The rent of" occurring at the commencement thereof, the words" In the case of a miner's homestead perpetual lease," are inserted. (c) Mter the fourth paragraph the following additional paragraph is inserted:- "In the case of a miner's homestead lease, the rent of the portion so transferred shall, during the residue of the first period of thirty years of the original lease, be at the same rate as that reserved under the original

lVIINING. 12747 PART 1II.- 1929. Mining Acts Amendment Act. AXENDMENIS IN THE LAW • RELATING TO lease; and after the expiration of that perIOd the rent MINERS' S I la 11 b e one sh 1 'lll' ng, and no more, if demanded ; durI. ng HOMESTEADS. the residue of the said peri.od the original lessee shall be entitled to a proportionate reduction of rent in respect of the portion so transferred." 26. In paragraph (ii.) of subsection six of section Amendment twenty-nine, the words "miner's homestead perpetual of s. 29. lease" are repealed and the words" miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. Subsection eight is repealed and the following subnection is inserted in lieu thereof :- " (8.) This section does not apply in the case of any minl~ r' s homestead mortgaged under *', The Agricultural Bank Acts, 1923 to 1929," or t" The State Advances Act oJ 1916," or t" The Workers' Homes Acts, 1919 to 1925," or any Act amending or in substitution of those Acts." 27. Subsection two of section thirty is amended by Amendment omitting the words" miner's homestead perpetual lease" of s. 30. and inserting in lieu thereof the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)." 28. In subsection one of section thirty-one, the Amendment words" miner's homestead perpetual lease" are repealed of s. 31. and the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. 29. In section thirty-two, the words "miner's Amendment homestead perpetual lease" are repealed and the words of s. 32. "miner's homestead lease or miner's homestead per- petual lease (as the case may be)" are inserted in lieu thereof. 30. In section thirty-four, the words "miner's Amendment homestead perpetual lease" are repealed and the words of s. 34. "miner's homestead lease or miner's homestead per- petual lease (as the case may be)" are inserted in lieu thereof. * 14 Geo. V. No. 41, 8upra, page 10443, and 20 Geo. V. No. 3 (this volume). t 7 Oeo. V. No. 17, 8upra, page 9603. t 10 Geo. V. No. 7 and 13 Geo. V. No. 21, 8upra, pago 10415; also 16 Oeo. V. No. 10, 8upra, page 11316.

12748 MINING. PART III.- AMENDMENTS I~ 'fHE Mining Acts Amendment Act. 20 GEO. V. No. 35,1929. LAW REl.ATING TO MINERS' 31. In section thirty-seven, all words after" then HOMESTEADS. mortgaged under" to and including" Act of 1909"" are oAfm 9. en3d7.ment repealed and the words" *" The Agricultural Bank Acts, 1923 to 1929," or t"The State Advances Act of 1916," or t"The Workers' Homes Acts, 1919 to 1925," or any Act amending or in substitution of those Acts" are inserted in lieu thereof. Amendment of s. 39. 32. In section thirty-nine, the words "miner's homestead perpetual lease" are repealed and the words "miner's homestead lease or miner's homestead perpetual lease (as the case may be)" are inserted in lieu thereof. PART IV.- GENERAL PROVISIONS. PART IV.-GENERAL. Regulations. 33. The Governor in Council may from time to time make regulations providing for all or any purposes that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act or in the Principal Acts (as defined in Parts n. and In.) or in §" The Mining Act of 1898" with its several amendments no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for flnd supplying such omission or insufficiency. All such regulations made or purporting to be made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were contained in this Act and shall be judicially noticed and shall not be questioned in any proceeding whatever. Such regulations shall be laid before Parliament within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. * 14 Geo. V. No. 41, 8'upra, page 10H3, and 20 Geo, V. No. 3 (this volume.) t 7 Geo. V . No. No. 17, supra, page 91303. :j: 10Geo. V.No. 7 and 13 Geo.V.No. 21,8upra,page lO415; also 16 Geo. V. No. 10, supra, page 11311,. § 62 Vie. No. 24, supra, page 2178.