Mining Acts Amendment Act of 1940 (4 Geo Vi No. 3) (Qld)

MINING. 4 GEO. VI. No. 3, 1940. Mining Acts Amendment Act. 17963 MINING. (I) Mining Acts Amendment Act of 1940 4 Geo. VI. No. 3 (2) Mining for Coal and Mineral Oil Acts Amendment Act of 1940 .. 4 Geo. VI. No. 13 An Act to Amend" The Mining Acts, 1898 to 1930," 4 ro~· 3:I. "The Coal Mining Acts, 1925 to 1939," and MINli?AoTS "The Mining for Coal and Mineral Oil AM~ i~ 8? NT Act of 1912," respectively, each in certain particulars. [ASSENTED TO 16TH OCTOBER, 1940.] 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. PAltTI.- PRELmINARY. l. This Act may be cited as "The Mining Acts Short title. Amendment Act of 1940." 2. This Act is divided into Parts as follows :- Parts of Act. PART I.-PRELIMINARY; PART H.-AMENDMENTS OF *" THE MINING ACTS, 1898 TO 1930" ; PART IH.-AMENDMENTS OF t" THE COAL MINING ACTS, 1925 TO 1939"; PART IV.-AMENDMENTS OF t" THE MINING FOR COAL AND MINERAL OIL ACT OF 1912." PART H.-AMENDMENTS OF *" THE MINING ACTS, 1898 A~~~;-TS TO 1930." ID~ ;~ Tl~ Ts * ". , , 1 8 9 8 TO 1930) 3. The M'tning Acts, 1898 to 1930, and this Part Collective may be collectively cited as " The Mining Acts, 1898 to title. 1940." * 62 Vic. No. 24 and amending Acts, supra, pages 2178 e;t seg. t 16 Geo. V. No. 30 and amending Acts, supra, pages 11358 et seg. t 3 Geo. V. No. 6, supra, page 5675.

17964 MINING. PART II.- AlI O EN F D " M T l H IiN E TS Mw • ing A cts A mendment A ct. 4 G EO. VI. No. 3, MINING ACTS. 1898 TO 1930." - - - - - - - - - - - - - - - - - - - - - - - - New ss. 171A 4. The following new sections numbered 171A and and 171B. 171B are inserted after section one hundred and seventy- one of *" The Mining Acts, 1898 to 1930" (being" The Mining Act of 1898" as amended by subsequent Acts), namely:- Trespass. " [171A.] Any person not lawfully claiming under- (i.) A subsisting lease or license or other subsisting right, title, or interest under t" The Land Acts, 1910 to 1937," t" The Miners' Homestead Leases Acts, 1913 to 1939," or some other Act relating to the alienation of Crown land; or (ii.) A subsisting lease, license, or authority, or other subsisting right, title, or interest under this Act or some other Act relating to mining; or (iii.) A subsisting lease, license, or authority, or other subsisting right, title, or interest under §" The Petroleum Acts, 1923 to 1939," who is found occupying any Crown land within the limits of any goldfield or mineral field, or is found residing or erecting any building or other structure thereon, shall be liable to a penalty not exceeding twenty pounds. Removal of [171B.] Any warden or person authorised in that trespassers. behalf by the Minister who has reason to believe that any person is in unlawful occupation of any Crown land within the limits of any goldfield or mineral field or is in possession of any Crown land within the limits of any goldfield or mineral field under colour of- (i.) A lease or license or other right, title, or interest under t" The Land Acts, 1910 to 1937," t" The Miners' Homestead Leases Acts, 1913 to 1939," or some other Act relating to the alienation of Crown land, which has expired or become forfeited; or (ii.) A lease, license, or authority, or other right, title, or interest under this Act; or some other Act relating to mining, which has expired or become forfeited; or * 62 Vie. No. 24 and amending Acts, supra, pages 2178 et seq. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. ~ 4 Geo. V. No. 14 and amending Acts, supra, pages 5934 et S6q. § 14 Geo. V. No. 26 and amending Acts, supra, pages 10715 et S6q.

!lINING. 17965 1940. ]liwing Acts Amendment Act. PART II.- A~ ~ IW¥ : ~ 8 MINING AOTB, 1898 ToI1930." (iii.) A lease, license, or authority, or other right, title, or interest under *" The Petroleum Acts, 1923 to 1939," which has expired or become forfeited, may make complaint before justices, who shall hear and determine the matter in a summary way and, on being satisfied of the truth of the complaint, shall issue their warrant, addressed to the warden or to such authorised person or to any member of the police force requiring him forthwith to remove such person from such land and to take possession of the same on behalf of the Crown; and the person to whom the warrant is addressed shall forthwith carry the same into execution. The holder of any lease, license, or authority, or of any other right, title, or interest under this Act or any other Act relating to mining, or t" The Miners' Homestead Leases Acts, 1913 to 1939," or *" The Petroleum Acts, 1923 to 1939," may in like manner make a complaint against any person in unlawful occupation of any part of the land comprised in the lease, license, or authority, or with respect to which he has the right, title, or interest, and the like proceedings shall thereupon be had. This section and section 171A of this Act shall be read and construed as being in aid of, and not in derogation of, sections two hundred and three and two hundred and four of t" The Land Acts, 1910 to 1937." " PARTIII.- AlIIENDMENTS PART lII.-AMENDMENTS OF §" THE COAL MINING AOTS OF" THE " ' COAL MINING 1925 TO 1939. 1925 ~gT~939. " 5. §" The Coal Mining Acts, 1925 to 1939," and this Collective Part may be collectively cited as " The Coal Mining Acts, title. 1925 to 1940." 6. The following paragraph is added to section Amendment three of §" The Coal Mining Acts, 1925 to 1939," of s. 3. namely:- " Notwithstanding anything hereinbefore contained in this section, Part IV. of and the Second Sch~lQi to this Act shall extend and apply to and with respect to every mine or other place where coal, shale, or any other * 14 Geo. V. No. 26 and amending Acts, supra, pages 10715 et seg. t 4 Geo. V. No. 14 and amending Acts, supra, pages 5934 et seg. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seg. § 16 Geo. V. No. 30 and amending Acts, supra, pages 11358 et seg.

17966 MINING.. PART llI.- A~ lIWg~ Mining Acts Amendment Act. 4 GEO. VI. No. 3, COAL MINING _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ACTS, 1925 TO 1939." rock I . S or I . S bem. g mm. ed or 0 bta' med'm any 0 ther manner for the purpose of extracting mineral oil therefrom by some industrial process." A of m s. en4d. ments 19397," . iSs eacmtieonndfeodurasoffo * l " lo T w he s: G - oal Mining Acts, 1925 to (a) The definition ". Coal" is repealed and the following definition is inserted in lieu thereof, namely :- Coal. " " Coal "-Includes stratified ironstone, shale, and fireclay." (b) The definition "" Coal mine" or " Mine " " is repealed and the following definition is inserted in lieu thereof, namely :- Coal mine or mine. " " Coal mine" or " Mine "-Any mine or opening in the earth used or intended to be used for the production of coal, including every shaft in the course of being sunk, and every level and inclined plane in the course of being driven, and all the shafts, levels, planes, works, tramways, and sidings, both below ground and above ground in and adjacent to and belonging to the mine or used or intended to be used in or in connection with producing, treating, or dealing with coal therefrom. Where two or more parts of a mine are worked separately each such part shall, for all the purposes of this Act, and notwith- standing that it has not a separate system of ventilation, be deemed to be a separate mine." Repeal of and new s. 13. Royalty. 8. (1.) Section thirteen of *" The Goal Mining Acts, 1925 to 1939," is repealed and the following new section thirteen is inserted in lieu thereof, namely :- " [13.] In addition to the yearly rent, there shall be reserved in every coal-mining lease granted on and after the passing of t" The Mining Acts Amendment Act of 1940" a royalty as follows : - During the first five years of the term, at the rate of six pence for every ton of coal raised from the land; and during the remainder of the term, at the rate of one shilling for every ton of coal so raised." * 16 Geo. V. No. 30 and amendfug Acts, 8'Upra, pages 11358 et 869.. t This Act.

MINING. 17967 1940. .Mining Acts Arnendment Act. PART 111.- A~!~ ~~: ~TS COAL MINING ACTS, (2.) Sect~ on thirteen ?f *" T~ e Coal Mining Acts, ~ ~ : ~ ; ~ ~ 39. " 1925 to 1939, ' shall, notwIthstanding the repeal thereof, existing ~ ontinue to apply and extend to every coal-mining lease royalties. granted prior to and in force at the passing of this Act, during the term thereof current at such last-mentioned date, but, if any such lease is renewed or extended at any time after the passing of this Act, then section thirteen of *"The Coal Mining Acts, 1925 to 1940" (being such section as enacted by subsection one of this section) shall apply and extend thereto on and from the date of such renewal or extension. 9. Subsection one of section eighty-six of *" The Repeal of Coal Mining Acts, 1925 to 1939," is repealed and the : ~ ~6ntl) . following new subsection one is inserted in lieu thereof, namely:- "(1.) The owner, agent, or manager of every coal Pla~ s to be mine shall keep at the office at the mine accurate plans furmshed. of the workings, made from actual survey by an authorised surveyor or by the holder of a mine surveyor's ~ ertificate issued under the authority of this Act, showing the underground workings effected within the last preceding three months. At intervals of not more than three months all additional underground workings and extensions made since the previous survey was effected shall be surveyed and delineated on the plans: Provided that, upon a written application in that behalf by the owner, agent, or manager of a coal mine, the Minister may, if he is satisfied that no active workings of such coal mine are within four chains from- (i.) Any part of the boundary of the mine property; or (ii.) Any road or reserve; or (iii.) Any disused workings of such or any other mine, extend for a further period of not more than three months the interval within which all additional underground workings and extensions made since the previous survey shall be surveyed and delineated on the plans: Provided further that, notwithstanding the grant of any such extension by the Minister, the inspector shall have power to order such survey and delineation * 16 Geo. V. No. 30 and amending Acts, aupra, pages 11358 et seq.

17968 MINING. PART nI.- ~ N. ~ ~ ~ TB Mining Acts Amendment Act. 4 Gm. VI. No. 3, 1940. CoAL llINING AOTS, 1926 TO 1989·"to be made at any tI' me dur' mg the extensI.On 0 f the interval if he considers it necessary so to do for the safe working of the mine concerned: Provided finally, that in no case shall the interval between any such survey and delineation and the next succeeding such survey and delineation be extended by the Minister so as to exceed six months." PART IV.- AlIENDJUlNTS 01' "THE *" MINING POR COAL AND PART IV.-AMENDMENTS OF THE MINING FOR COAL MINlIRAL OIL AOTOP AND MINERAL OIL ACT OF 1912." 1912." Collective 1O. *" The Mining for Goal and Mineral Oil Act of title. 1912" (including the amendments thereto made by t" The Petroleum Act of 1915" and t" The Mining Acts Amendment Act of 1920") and this Part may be collectively cited as "The Mining for Goal and Mineral Oil Acts, 1912 to 1940." Amendment 11. In section four of *" The Mining for Goal and of s. 4. Mineral Oil Act of 1912 " (being such Act as amended by the Act hereinbefore mentioned) the definition "Coal" is repealed and the following new definition is inserted in lieu thereof, namely:- Coal. " " Coal "-Includes stratified iron, shale, and fireclay ." Amendment 12. The following paragraph is added to section of s. 18. eighteen of *" The Mining for Goal and Mineral Oil Act of 1912," namely:- " Every mine or other place where coal, shale, or any other rock is or is being mined or obtained in any other manner for the purpose of extracting mineral oil therefrom by some industrial process shall be a "coal mine" within the meaning of §" The Goal Mining Acts, 1925 to 1940," for the purposes of the extension and application thereto of Part IV. of and the Second Schedule to such last-mentioned Acts, and nothing contained in this Act shall prejudice such extension and application of the said Part IV. and Second Schedule." * 3 Geo. V. No. 6, BUpra, page 5675. t 6 Geo. V. No. 23, BUpra, page 6983. ; 10 Gee. V. No. 27, 8upra, page 9237. § 16 Geo. V. No. 30 and amending Acts, aupra, pages 11358 et 8eq.