Mining Acts Amendment Act of 1939 (3 Geo Vi No. 4) (Qld)

MINING. 3 GEO. VI. No. 4, 1939. Mining Acts Amendment Act. 17681 MINING. (1) Mining Acts Amendment A.oct of 1939 3 Geo. VI. No. 4 (2) Mines Regulation Acts Amendment Act of 1939 3 Geo. VI. No. 3 (3) Petroleum Acts Amendment Act of 1939 3 Geo. VI. No. 19 An Act to Amend" The Coal Mining Acts, 1925 to 3 ~ ~ ~ · 4. VI. 1938," and" The Miners' Homestead Leases Mi: r~ G Acts, 1913 to 1929" (as amended by "The AME A ~ C ~ i T : O E F N' r Mining Acts Amendment Act of 1930 "), 1939. respectively, both in a certain particular. [ASSENTED TO 5TH OCTOBER, 1939.] 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 L- PRELIMINARY. I. This Act may be cited as "The Mining Acts Short title. Amendment Act of 1939." 2. This Act is divided into Parts as follows :- Parts of Act. PART I.-PRELIMINARY; PART Il.-AMENDMENT OF *" THE COAL MINING ACTS, 1925 TO 1938"; PART IlL-AMENDMENT OF t" THE MINERS' HOMESTEAD LEASES ACTS, 1913 TO 1929" (AS AMENDED BY t" THE MINING ACTS AMENDMENT ACT OF 1930 "). PARTII.- AMENDMENT P ART 11 . - A MENDMENT OF *"T HE C OAL M INING A CTS, CO O A F L 'H M T I ' N Hi I E N l G 1925 TO 1938." " ' T~ ' rs19ii. 7, 5 3. In this Part *" The Coal Alining Acts, 1925 to I~terpreta. 1938," are referred to as the Principal Act. tlOn. The Principal Act as amended by this Part may be Collective collectively cited as "The Coal Mining Acts, 1925 to title. 1939." * 16 Geo. V. No. 30 and amending Acts, supra, pages 11358 et seq. t 4 Geo. V. No. 14 and amending Acts, supra, pages 5934 et seq. t 21 Geo. V. No. 32, supra, page 13046.

17682 MINING. PARTII.- AMENDMENT OF .. THiE Mining Acts Amendment Act. 3 GEO. VI. No. 4, CO~ MllUNG _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ ACTS, 1925 TO 1988." Amendment .of the Principal Act. Amendment 4. The proviso to subsection one of section seventy of s. 70. of. the Principal Act (being· the proviso commencing with the words " Provided that when two miners' check inspectors" and ending with the words "not be exercised ") is repealed. PART IlI-- AMENDMENT OF .. THE MINERS' HOMESTEAD AC~ AS~~ 18 PART 1I1.-AMENDMENT OF *"THE MINERS' HOMESTEAD TO 1929" (AS AMENDED BY LEASES ACTS, 1913 TO 1929" (AS AMENDED BY .. THE MINING ACTS t" THE MINING ACTS AMENDMENT ACT OF 1930 "). AMENDMENT ACT OF 1980 "). 5. In this Part *" The Miner8' Homestead Lea8es Interpreta- Act8, 1913 to 1929" (as amended by t" The Mining Acts tion. Amendment Act of 1930 "), is collectively referred to as the Principal Act. Collective The Principal Act as amended by this Part may be title. collectively referred to as "The Miner8' Home8tead Lea8e8Act8, 1913to1939." Amendment of the Principal Act. Repeal of 6. Subsecti(;:m five of section thirty-five of the ( ~ ~o~ ~, : :~ . b. Principal Act is repealed and the following new subsection five is inserted in lieu thereof, namely:- -:::=-- gomiensa-" "(5.) When land comprised in a miner's homestead le~ : ee~ is taken up for mining purposes or is included in a mining lease, the person entitled to mine (hereinafter called the "miner") or the lessee of the miner's homestead may call upon the warden to assess the value of the damage likely to be done to any improvements upon such homestead, and the warden shall thereupon require the miner to deposit in his hands within twenty-one days the amount of the damage which the working is likely to do to such improvements, and until such deposit is made the miner shall not be entitled to work upon the land. Upon receipt of such deposit the warden shall hold the same as security to be paid either wholly or in part to the lessee if he sustains any damage as afore- said, or to be returned to the miner on his leaving the land if he does no damage. ... 4 Geo. V. No. 14 and amending Acts, supra, pages 5934 et seq. t 21 Qeo. V. No. 32, supra, page 13046.

MINING. 17683 PART III.- 1939. Mining Acts Amendment Act. A~ :>~ P¥! ~T MINERS' HOMESTEAD I n assessm. g such damage t he warden' s deC. ls.lOn AC L T E S A , S 1 E 9 S 13 shall be final; only actual damage to improvements T~ Mi~ : ; ~ ~ ~ ~ s shall, except as hereinafter provided, be taken into" THlc~ ~ ING account, and no compensation shall be allowed for the A~ ~ ~D> g; NT value of the land or the lessee's interest therein: 1930 "). Provided that where no actual damage is likely to be done to any such improvement not on the land so taken up for mining purposes or not included in a mining lease, but such taking up or mining lease is likely to cause a diminution of the use of such improvement, then such improvement shall be deemed to be damaged to the extent to which its use is likely to be so diminished and the warden shall assess the damage thereto accordingly. When a lessee has, either before or after the commencement of *" The Mining Acts Amendment Act of 1939," received any money by way of compensation for damage to improvements, he shall not afterwards be entitled to claim compensation in respect of the same improvements, but shall be entitled to claim for damage to any additions made to them after the time when he received such compensation: Provided that where mining operations are not commenced within a period of one. year from the assessment by the warden of the value of the damage likely to be done to improvements, such assessment shall lapse and be of no further force or effect; but the miner shall not be entitled to commence work upon the land after the expiration of such period until the warden, on the application of the miner or the lessee of the miner's homestead concerned, has made a fresh assessment under this subsection, and the miner has deposited with the warden the amount assessed: Provided further, that a lessee shall not be entitled to claim compensation in respect of any additions made to such improvements or any further improvements erected during a period of one year from the assessment by the warden of the value of the damage likely to be done to improvements unless the written consent of the warden specifying the nature, value, and position of such additions andlor further improvements, is obtained prior to erection thereof." __ * This Act.