Mining Acts Amendment Act of 1948 (12 Geo Vi No. 29) (Qld)

MINING. 12 GEO. VI. No. 29, 1948. Mining Acts Amendment Act. 161 MINING. (1) .Ll1ining Acts Amendment Act of 1948 (2) Coal and Oil Shale Mine Workers (Pensions) Acts Amendment Act of 1947 .. (8) CoalIndustry(Control)Act of 1948 .. (4) Coal M1'ning Acts Amendment Act of 1947 .. (5) Coal M'ining Acts Amendment Act of 1947 (No. 2) .. (6) M,incrs' Homestead Leases Acts Amend- mimt Act of 1947 12 Geo. VI. No. 29 11 Geo. VI. No. 26 12 Geo. VI. No. 18 11 aeo. VI. No. 38 11 aeo. VI. No. 40 11 Geo. VI. No. 30 An Act to Amend" The Mining Acts, 1898 to 12 N G o E . O 2 . 9 V . I. 1940," in certain particulars. MININGACTB AMENDMENT ACT OF 1948. [ASSENTED TO 8TH APRIL, 1948.] B' E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssembly ofQueensland inParliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The llf ining Acts Short title Amendment Act of 1948," and shall be read as one with and t t' *" The Mining Acts, 1898 to 1940," herein referred to cons ruc IOn. as the Principal Act. The Principal Act and this Act may be collectively Collective cited as "The Mining Acts, 1898 to 1948." title. 2. Section one of the Principal Act is amended as Amendme.ts follows:- of 8. 1. (i.) The words appearing under the words "Part IV.-Mining Leases:" namely:- "Division I .-Gold-rninirl,g Leases; Division II.-Mineral Leases; Division III.-Provisions applicable to Gold-1nining Leases and Mine'ral Leases;" are repealed and the words- "Division I.-Gold-rnining Leases: Division II.-Mineral Lectses; Division I I A.-Dredging Leases; Division 111.- P'i"ovisions applicable to Gold-rnining Leases, M.ineral Leases and Dredging Leas~ s; " are inserted in lieu of such repealed words. * 62 V. No. 24 and amending Acts. }'

162 MINING. Mining Acts Amendment Act. 12 GEO. VI. Ko. 29, (ii.) The words "PART XIA.-8.LUDGE ABATE- MENT :" are inserted after the words ' ,PART XI.- MINERS' COMMONS:". Aofmse. n 3 d . ments as fo 3 l . loSwecst: i-on three of the Principal Act is amended (i.) In the definition of the term "Alluvial Ground" the words" or any other mineral" are inserted after the word "gold". (ii.) The following definition is inserted after the definition of the term" Drainage Area", namely:- " "Dredging Lease' '-A lease for the purpose of dredging for gold or for any other mineral or for purposes connected with such dredg- ing ;" (iii.) The following definition is inserted after the definition of the term" Inspector", namely:- " "Lake "-Any lake,' lagoon, swamp, or other collection of still water, whether permanent or temporary, not contained in an artificial work;" (iv.) The definition of the term "Mining Lease" is repealed, and the following definition is inserted in lieu thereof, namely:- " ".Mining Lease "-A gold-mining lease 01' a mineral lease or a dredging lease;" (v.) The following definitions are inserted after the definition of the term "Residence Area", namely:- " "River"-Any stream of water, whether peren- nial :or intermittent, flowing in a natural channel; ,'River Bed' '-The soil between the tops of the banks of a river;" Amendment 4. In subparagraph (b) of paragraph (1) of of s. 25. section twenty-five of the Principal Act the words "or on account of the costliness of the appliances required for its development" are repealed. Amendment . 5. In subparagraph (b) of paragraph (1) of of s. 32. section thirty-two of the Principal Act the words "or on account of the costliness of the appliances required for its development" are repealed.

lVIINING. 163 1948. Mining Acts Amendment Act. Act, 6t. heAff 0 t1e1roWs. Iencgti1olenadt- hniol, · ttev-asnevdesnectoI. fonsthaere P I r . n in s c e i r p t a e l d lI , : D s al ~ nV r dlS ~ sI i Oe o cn n ti I o I on A fs namely :- 37 A and 37B. "Division IIA.-Dredging Leases. [37 A. ] (1.) The Governor in Council may, subject ~~ ~ :~ r to to the provisions of this Act and the Regulationj3, grant dredging to any person, not being an alien who by lineage belongs lease. to any of the Asiatic, African, or Polynesian races, a lease, to be called a "dredging lease", of Crown land- (a) Comprised in, or adjoining, or comprised in a~ d adjoining the river bed and banks of a rIVer; or (b) Comprised in, or adjoining, or comprised in and adjoining the bed of a lake; or (c) Comprised in, or in the bed of the ocean adjoining, or comprised in and in the bed of the ocean adjoining, a foreshore, for the purpose of dredging for gold or any other mineral in any case where the granting of that lease is authorised by subsection two of this section. The Minister shall in each case have power to detormine what shall be deemed to constitute- (i.) The banks of a river or lake; or (ii.) A foreshore; or (iii.) The length or breadth of a lake. (2.) Dredging ]eases shall only be granted in Circum- re " spect M of alluvial around and under the circumstances sutnadnecreswhl. ch following, and :pot otherwise, that is to say:- dredging . . leases may (a) ,Vhen the ground applIed for has prevlOusly be granted. been worked and abandoned; or (b) ,Vhen the known poverty of such ground warrants such grant; or (c) ,Vhen such ground is only suitable for dredging on account of its excessive wetness or on account of the costliness of the appliances required to work it. Subject to the provisions of this Act, all Crown land occupied by virtue of a miner's right or business license shall be exempted from dredging lease unless the holder thereof consents to the leasing of such land:

]64 lV[lKrNG. 1J1ining Acts Amendment Act. ]2 GEO. VI. No. 29, ----- .. - - - - - - - - - ~ -. ---~-- - . ~- - .- - .- - -- - - - Pro·vided that anv residence 01' business area may be converted into a dl:'edging lease if the person appl}:- ing for the lease shall first make compensation to the holder of such area for any building erected, or improvements made by him or by any prior holder thereon. R adnr e ed n d t ag , ri t en e a r g m of , yearl(y3.r)enStubojfeecvt etroy dthreedpgrionvgIslIeOasnes, wofhetthhiesr Afocrt, gtohlde loose. or any other mineral, shall be at the rate of ten shillings per acre, payable in advance at the time and in the manner prescribed. The term shall not exceed bventy-one years, but shall be renewable for a further term not exceeding hventy-one years on such conditions as the Minister deems equitable: Provided that a holder of a dredging lease who has duly performed and observed each and every the concli- tions, covenants, and stipulations of his lease (includ- ing in such term any renewal thereof granted under the provisions of the last preceding paragraph of this subsection) and has duly performed and observed all provisions of this Act and the Regulations 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 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 dredging leases at the time of such first renewal: Provided further that the Minister, on the comple- tion 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 01' rene"\vals of snch lease for a period or periods, as the case may be, not exceeding, in respect of each renewal, twenty-one years, as be thinks propel' under the circumstances:

1948. . MINING. lIfim:ng Acts Amendment Act. 165 Provided further that every such further rene"wal of such lease shall be granted on the same terms as may be in force with regard to dredging leases when such further renewal is granted. The area of a dredging lease shall be such (not exceeding the following) as may from time to time be prescribed :- (a) rrhe river bed and banks of any river and land adjoining thereto: Five hundred acres, the length along the course of the river not to exceed six miles; (b) The foreshore and lands under the ocean adjoining thereto: Five hundred acres,- the length along the foreshore not to exceed six miles; (c) The bed of a lake and land adjoining thereto: Five hundred acres. (4.) Every dredging lease shall contain the follow- Covenants ing covenants on the part of the lessee, his executors, andd't' f admI'nI.Strators andaS'SIgns, tllat' IS t 0 say:- cdorend 1 giInOgns 0 (a) A covenant to pay the rent at the prescribed lease. times; (b) A covenant to use the land continuously and ((bona fide" for the purposes for which it is demised, and in accordance with this Act and the Regulations; (c) A covenant not to assign, underlet, or part with the possession of the land demised, 01' any part thereof, without the previous consent of the Minister; (d) A covenant to bona fide and continuously work the land comprised in such lease by carrying on mining operations for the purposes for which it is demised with reasonable diligence and skill and, unless exemption or partial exemption is granted in such manner as may be prescribed, at all times both to keep installed, operating and fullv manned on the lease suitable and effic'ient machinery for such operations of a yalne of not less than three thousand pOllnds, and, inclusive of" the employees manning such machiner.", to pmploy on the

166 MINIXG. Mining Acts Amendment Act. 12 QEO. VI. No. 29, lease in such operations not less than three men for everyone hundred aCl'es or fraction of one hundred acres in area of such lease, or, in the alternative, at all times to keep continuously installed, operating, and fully manned on the lease suitable and efficient machinery for such operations of a value at least equivalent to whichever of the follow- ing amounts is the greater, that is to say, three thousand pounds or a sum equal to one thousand pounds for everyone hundred acres or fraction of one hundred acres in area of such lease; (e) Such other coYenants, not inconsistent with this Act, as ma)' be prescribed, including coyenants with respect to the rehabilitation and resoiling of the sllrface of the land comprised in the lease and generally for the pm;pose of ensuring the restoration of that surface to its original state and condition after the completion of mining operations. Every dredging lease shall contain a condition that for any breach of any of the covenants therein con- tained the Minister mav either forfeit the lease or in his discretion impose upon the lessee a fine not exceed- ing one hundred pounds, and on non-payment of any such fine Il1ay forfeit the lease. Exemption. (5.) Total or partial exemption from labour cove- nants of a dredging lease may be granted by the Minister on the conditions prescribed by the Regula- tions as respects such exemption in the case of mining leases. No further [37B.J From and after the date of the passing of ~ : : ; ! ~ ~be *"The Mining Acts Amendment Act of 1948" no granted, further dredging claims shall be granted: Provided that all dredging claims registered or provisionally registered before and subsisting at that date shall, until the same are surrendered or resumed, or the existing title thereto is otherwise determined, continue to be subject to the provisions of regulations fifty to 59A, both inclusive, of the Regulations, as in force at that date." This Act.

l\I1XINU. j}J ining Acts .A mendment Act. 167 7. The head-note r(Division III.-P1'ovisions Repeal of II ppl ica ble to Gold-mining Leases and 111 ineral Leases" : : ~ 1~ 1~ ~ ~ e appearing in the Principal Act immediately prior to Division :hr. section thirty-eight thereof is repealed and the fonow- of Pm·t IV. ing head-note is inserted in lien of sne'11 repealed head-note, namely:- "Division III.-Provisions C~ pl) licable to Gold-mil1'illg Leases) J.liineral Leases and Dredging Leases.}) 8. Section forty-two of the Principal Act is Amendments amended as follows :"_ of s. 42. CL) In the first paragraph of the said section the "'ords "or dredging" are inserted after the words "adjoining gold-mining or mineral." (ii.) The words ", and in the case of dredging leases fiye thousand acres;" are added to subparagraph Cl) of the said section. (iii.) The following paragraph is added to the said section, namely:- ., Proyided, in the case of dredging leases, that such leases sha11 be deemed to be contiguous, and may be united in manner prescribed, if they are wholly con- tained 'vithin the limits of a circle haying a diameter of twenty miles." 9. Section Olle hundred and forh-one of the Repeal of P 1' · ll1t . lpa 1 A C t' IS repea I ec 1 an 1 Ct1l e f . 0 1 . ] ov, '. 'mg SeC t" lOn IS a s n .1 d 4 n l e . w inseded in lieu thereof:- .. [141.J Any person vi'110 shall be desirous of Appealto appea l m ' g f rom tl le deC. IS,lon 0 f a ,yarden ' In an,\' case SCuopurret.me heard in a warden's court in which such decision is not herehy deelared to be final may appeal from such decision to the Supreme Court: PnJVided that the party so appealing shall, within thirty days from the date of decision appealed against, or such longer period as the warden may allow, give the ,yarden and the opposite party notice in writing of s11e'l1 appeal and giye seem·it,\· to the satisfaction of the. ,yanIon for snell Rum not exceeding fift,\· pounds as to the wantell may seem reasonahle to eoyer the costs of sueh appea 1." ..

168 ::\IlXIXG. Mining Acts Amendment Act. 12 GEO. VI. No. 29, Aofms.en 1 d 4 m 2. ent Prin 1 c 0 ip . aSleAcctitoins aomneendheudnbdyrerdepeaanldingfothrteyw- tworods"ofSuthceh appeal shall be heard at the sitting named or appointed as abovementioned, and such court" and by inserting the words "Subject as provided in the rules of the Supreme Oourt the time, place, and mode of hearing of such appeal shall be as directed by a judge of the Supreme Oourt and such court". Insertion 11. After section one hundred and eighty-three of of Part XIA. the Principal Act, the following head-note and sections are inserted, namely :- "PART XIA.-SLUDGE ABATEMENT. tMeremans. ing of other [ w 18 is 3 e A i .] ndIincattheiss, tPhaerftoollfotwhiinsgAtcetr,musnlheasvs ethtehecomnetaenx- t ings set against them respectively, that is to sa~ - : - Holder. Method of mining. "Holder"-Includes the lessee of a mining lease, the holder of a mining tenement other than a mining lease, and the applicant for a mining lease or other mining tenement; "Method of mining"-Dredging, sluicing, hydraulic mining and includes-. (a) Any other form or method of mining; or (b) Any form or method of treating ores or earth for the recovery of gold 01' an~ - other mineral, by which water or sludge or mining debris may be discharged in or on to a water- course, lake or reservoir, or land adjacent thereto; Watercourse. "Watercourse"-Includes a river, river bed, stream, watercourse, water-way, creek, or gully, and in any case whether water flows therein perennially or intermittentl.v or occasionally. Certain [183B.] (1.) An application for a mining tene- a £0 p 1 p · lmiciantiinogns ment in respect of land upon which it is intended to tenements carry on a method of mining by which mineralised or troefb e e rred impure water or sludge or mining debris may he dis- Mtoitnhiester. ochr alragnedd iandjoarceonnt tothaerwetaotesrchoaullrsbee, floarkee, hoeirngre' sreercvoomir-, mended, granted or registered, be referred to the Minister.

l\ 11~ J~G. 169 1948. Mininr; Acts AmendmeJlt Act. Upon such reference the Minister may fix such conditions as will in his opinion prevent or mitigate the pollution or obstruction of, or any other damage or injury to that 'watercourse, lake, 01' reservoir, or land adjacent thereto. This subsection applies to applications made but not granted or registered before the date of the passing' of *u The .i.l1inino9 Acts Arnend1nent Act of 1948" as \vell as to applications made on or after that date. (2.) vVhere the holder of a mining tenement Power granted or registered before and subsisting at the date Kii~ t~t€l' of the passing of *" The Jllinino9 Acts Amen,clment Act to:fix: . of 1948," is at that date carrying on in or upon the land ~ ~ ~ gltlOns comprised in that mining tenement a method of mining respe~ t to b }T W 1 n ' c 1 1 mI . nera l I ' se d or ' Inlpure wa t er or s 1 uc 1 ge or csuebrtsaimsting mining debris is discharged in 01' on to a watercourse, mining 1ake, 01' rese1'\'01.1', o]r anc1aclJ' acen t tllere t o, the . 1 lV \1 I ' nl . S t .er . tenements. may fix such eonditiol1E' as will in his opinion prevent or mitigate the pollutio1l 01' obstrudion of, 01' any other damage 01' injury to, that watercourse, lake, or reservoir, or land adjacent thereto. (3.) The holder of a mining tenement shall not, at Hol~ crs of any t H · ne after tlle paSS.Ing 0f "*Tl W l 7 Y 1{ 1 " .111no9 A c t S n te ll1 n 1 e 1 m 11 e g nts Amendment Act of 1948", commence to carry on, in or not to upon tlle 1 anc 1 COnlpI'l . Sed'In that mI,n.Ing t enement, a mcoemthmoednscoef method of mining by which mineralised 01' impure minin~ wa t er 01' s 1 uc 1 ge or - n " l1nlng c 1 e b I' ' lS I , S d I ' SC 1 large d I ' n or on b sl y ud w g h e I , r & h c" to a watereourse, lake, or reservoir, or land adjacent is. tllereto, except. unc 1 er and subJ'ect. t 0 suc 1 1 cond1' t1' 0nS e d x Is c c e h p a t rO ,., 'cd fixed h. \ ~ the Minister as will, in the opinion of the und:r :111(1 1 1 ,\ \1 n ' n . st er, prevent or ml' t' Igat e t.lle po 11 Utl'On or 0bst ruc- c su o b nd je i c ti t o t n o s tion of, or anI . " other damage or injUl'Y .. to that water- M : fix l . l e l ~ ls h t : e ' r the COlll'se, lake, or reservoir, or land adjacent thereto. . This subseetion app1ies to a11 mining tenements \vhether granted before, on, or after the passing of *" The j1fining Acts Amend1'nent Act of 1948." (4.) Conditions fixed by the Minister under this Conditions. sedion in relation to a mining tenement may provide for all or any of the following matters and things, that is to say:- ((() A condition requiring the holder of that mining tenementJo provide and at all times to maintain ;suitable and effieient settling * "['his Act.

170 l"mther powers of the :rvr'nistcr. ~ IlXIXG. cllining Acts Amendment Act. 12 GEO. VI. Ko. 29, - - - - - - . ~ ~ ~ dams, settling basins, or other ·works for retaining any mineralised or impure water or sludge or mining debris and at all times to impound and retain therein all mineralised or impure water or slndg'e or mining debl'is resulting from the method of mining carried on in or on the land comprised in that mining tenement; Cb) A condition requiring the holder of that mining tenement to treat as specified in such condition any mineralised or impure water or sludge or mining debris before the same is discharged in or on to a ,Yatercourse, lake, or reservoir, or land adjacent thereto; (c) A condition requiring the holder of that mining tenement to at all times prevent the discharge in or on to any watercourse, lake, or reservoir, or land adjacent thereto of any water, or sludge or mining debris which contains more than a specified proportion by weight 01' measure of specified earthy, mineral, or chemical substances; C cl) Conditions requiring the holder of that mining tenement to at all times do and perform all such other acts, matters or things specified by the Minister as will in the opinion of the Minister, prevent or mitigate the pollution or obstruction of, or any other damage or injury to, a water- course, lake or reservoir, or land adjacent thereto by the discharge therein or thereon of mineralised or impure water or sludge or mining debris resulting from the method of mining carried on in or upon the land comprised in that mining tenement. (5.) Where the Minister is, as respects a mining tenement, of opinion- (a) That the public interest would best be served by permitting the continuance of mining operations in or upon the land com- prised in that mining tenement by a method of mining by which mineralised or imlJurc water or sludge or mining debris may be discharged in or on to a watercourse, lake, or reservoir, or land adjacent thereto; and

l\ILKING. 171 1948. ~ lJIining Acts Amendment Act. -------- - - ~ - - - -- - -- - - - - - - - . - (b) That, by reason of excessive cost or other cause deemed sufficient by the Minister, it is not expedient for him to fix, under this section, conditions wholly preventing the pollution or obstruction of or any other damage or injury to that watercourse, lake, or reservoir, or land adjacent thereto b~ ' such discharge, the }Iinister may- Ci.) Refrain from fixing any conditions under this section in relation to that mining tenement; or Cii.) May fix such conditions under this section as will, in his opinion, mitigate but not -wholly prevent the pollution or obstruction of or any other damage or injury to an~ · watercourse, lake, or reservoir, or land adjacent thereto, and may in either of such cases require the holder to deposit with the Treasurer such sum as the Minister may specify, which requirement shall be and be deemed to be a conditiontixed bv the Minister under and for the purposes of this section. C6.) The Minister may under this section require Lodgme~ t such sum to be deposited in the Treasury as will, in his of depOSIt. opinion, be sufficient to meet all claims for damages 01' compensation payable by the holder of the mining tenement required to make such deposit in respect of the pollution or obstruction of or any other damage Or injury to a watercourse, lake, or reservoir, or land adjacent thereto, caused by the discharge therein or thel'eon of mineralised or impure water or sludge or mining debris during the remainder of the term of the mining tenement or during such lesser period as lw shall fix. The power of the Minister to require, under this section, the deposit of a sum in the Treasury shall include power to require a further sum as fixed by him to be deposited in the Treasury before the grant of any renewal of the terIn of the mining tenement in question or, if the lVI:inister has required such deposit in relation

172 l\HNIXG. Mining Acts Amendment A_et. ---------------- ----------- 12 GEO. VI. No. 29, to a period of time less than the remainder of the term or of any renewal of the term of that mining tenement, then forthwith upon the expiration of that lesser period. Ag: e~ men\ (7.) The holder of a mining tenement granted or as 0 epOSl. registered before and sUbsisting at the date of the passing of -*"The Mining Acts Antendtnent Act of 1948" may agree with the Minister to deposit with the Treasurer such sum as, in the opinion of the Minister, is sufficient to meet all damages and compensation payable by that holder in respect of the pollution or obstruction of or any other damage or injury to a water- course, lake, or reservoir, or land adjacent thereto. caused by the discharge therein or thereon of mineralised or impure water, 01' sludge, or mining debris, at any time before the date of the making of that agreement (whether before, or after, or partly before and partly after the date of the passing of *"The Mining Acts Amendment Act of 1948"). The terms of an agreement made by the holder of a mining tenement under this subsection shall, for the purposes of this section, be and be deemed to be conditions fixed by the Minister. Agreement (8.) Any condition including any agreement made pmraoyvide by the Minister under this section, requiring the deposit for the of a sum in the Treasury, may provide that such sum daelpuomspit of is to be so deposited in a lump sum or by periodical sum or instalments of such amounts and at such time as the instalments. condition or agreement specifies. Proceedings (9. ) ( a) In any proceedings against the holder of ~ ~ ~ : : ~ f a mining tenement for the recovery of compensation a mining or damages in respect of the pollution or obstruction tenement. of or other damage or injury to a watercourse, lake, or reservoir, or land adjacent thereto caused by the discharge therein or thereon of mineralised or impure water or sludge or mining debris- (i. ) If the Minister has under this section, fixed conditions relating to such discharge with- out requiring the deposit in the Treasury of a sum, proof that such holder has at all relevant times complied in full with such conditions shall be a defence; 01' ---------------------- * This Act.

lVII~ ING. 1948. Mining .Acts .Amendrnent L1ct. (ii.) If the "Minister has under this section fixed conditions both relating to such discharge and requiring the deposit in the Treasury of a sum, then upon proof that such holder has at all relevant times complied in full with the conditions relating to such dis- charge as fixed by the Minister, the amount of damages or compensation, and costs, if any, recoverable from that holder shall be limited to the balance then available of the sum deposited b~ T him in the Treasury; or (iii.) If the Minister has under this sectiop required the deposit in the Treasury of a sum without fixing any other conditions, the amount of damages or compensation and costs, if any, recoverable from that holder shall be limited to the balance then available of the sum so deposited: Provided that where the deposit in the Treasury in question has been made in relation to a limited period of time as provided for in subsection six of this section, the provisions of this subsection shall not apply so as to limit in amount damages 01' compensation and costs o as aforesaid not related to that limited period. (b) In any proceedings as aforesaid a certificate under the hand of the Minister, stating the balance available at a time specified therein of a sum deposited in the Treasury under this section by the holder of a mining tenement named in that certificate, may be adduced in evidence, and shall be sufficient proof of the matters set out therein. (c) A claim for compensation or damages as afore- said shall not be settled or compromised by the holder of a mining tenement without the prior approval in writing of the Minister, and any settlement or compro- mise of that claim not approved in writing by the Minister shall be absolutely void and of no legal effect. (d) Payment of damages or compensation and costs, if any, recoverable from the holder of a mining tenement whether by judgment or order in proceed- ings or by virtue of a settlement or compromise in any of the cases hereinbefore mentioned in this section, 173

174 MINING. Mining Acts Amendment Act. 12 GEO. VI. No. 29, shall, to the extent of the ayailable balance of the sum deposited by that holder in the Treasury, be paid from that sum, and such damages or compensation and costs shall not be recoverable otherwise than by payment under this subsection. Provisions (10.) Upon the forfeiture, surrender or other aresftuond of determination of a mining tenement and upon proof to ubnaleaxnpceenodefd the satisfaction of the Minister- deposit. (i.) That pollution or obstruction of or other damage or injury to any watercourse, lake, or reservoir, 01' land adjacent thereto, has not been caused by the discharge therein or thereon of mineralised or impure water or sludge or mining debris resulting from the method of mining carried on in or in such mining tenement; or (1:i.) ,Vhere pollution or obstruction or injury or damage as aforesaid has occurred, that all damage or compensation payable by the holder of that mining tenement in respect thereof has been paid, the Minister may refund to that holder the unexpended balance, if any, of any deposit made by him in terms of • this section. (11.) Moneys deposited in the Treasury under this section shall, on and from the date of such deposit, become absolutely vested in and be the property of the Crown, and the holder who made the deposit shall have no right, title, or interest in, to, or with respect to such moneys: Provided that the provisions of this subsection shall not prejudice the power of the Minister to make refunds under subsection ten of this section. Exemption of water- courses, &c., from this Part. [1880.J (1.) The Governor in Council may, upon the recommendation of the Minister, b,v Order in Council published in the Gazette from time to time exempt from the operation of this Part of this Act such watercourses, lakes and reservoirs, or such portions thereof as, in his opinion, are by reason of the polluted condition thereof useless as a means of providing a water supply for domestic or stock pnrposes.

1948. MINING. J1 ining Acts Amendment Act. 175 Before making any such recommendation the Minister shall be satisfied that the proposed exemption may be grunted without causing injury or damage to any agricultural or grazing land adjacent to the water- course, lake, or reservoir, or portion thereof, in ques- tion. Moreover, the Minister may, before making a recommendation under this section, refer the matter of such recommendation to the Commissioner of Irri- gation and vVater Supply for investigation and report and in that case shall give consideration to the report of the . said Commissioner before making the recommendation. In any Order in Council under this section a water- course, lake, or reservoir, or any portion thereof may be described in general terms and if at any time any question arises as to whether any specified watercourse, lake, or reservoir, or portion thereof is comprised in such Order in Council, the Governor in Council shall decide and such decision notified in the Ga.zette shall be final and conclusive. (2.) The Governor in Council may at any time by Order in Council published in the Gazette revoke any such exemption. (3.) Compensation or damages shall not be recoverable from any holder of a mining tenement in respect of the pollution or obstruction of or other damage or injury to a watercourse, or lake, or reservoir, or any portion thereof, caused by the discharge therein Dr thereon of any mineralised or impure water or sludge Dr mining debris at any time when such watercourse or lake or reservoir or, as the case may be, portion thereof, is exempted from this Part of this Act. [183D.] \Vhere the Minister is of the opinion- Alternative water (i.) That any amount by way of compensation supplies. or damage is payable by the holder of a mining tenement in respect of the pollution or obstruction of or other damage or injury to any water supply for domestic or stock purposes or any water supply of a Local Authority or other public authority or body; and

176 MINING. Mining Acts Amendment Act. 12 GEO. VI. No. 29, (ii.) That such amount is, under this Part of this Act, to be met from a sum deposited by that holder in the Treasury, the Minister may, in lieu of paying compensation or damages from that sum, apply therefrom moneys equivalent to the amount of that compensation or damages in or towards providing the person, Local Authority Or other public authority or body concerned with an alternative water suppl~ T. Forfeiture of mining [183E. ] (1.) A mining tenement shall be liable to tenement be forfeited if the holder thereof commits a breach of wbrheeanch of any condition fixed under this Part of this Act by the a condition Minister in relation to that mining tenement or if he Piumnaprdtoe. sretdhis ocof mthmisitsAact birnearcehlatoifonsutbosetchtaiot nmtihnrieneg otefnseemcetinotn. 183B (2.) The Minister shall refer the matter of such forfeiture to a warden's court as follows, that is to say- (i.) Where the mining tenement is situated within the limits of a goldfield or mineral field or part thereof assigned to a warden's court, then to that warden's court; or (ii.) In all other cases, to the warden's court which has its office nearest to the place where such mining tenement is situated. Every such reference shall be in writing and shall state the matters in respect of which the holder of the mining tenement is alleged to have committed any breach or breaches of a condition or conditions. fixed by the Minister under this Part of this Act. Upon the receipt of such reference the warden shall issue a summons returnable at any time not . earlier than seven days after the issue thereof calling upon the holder of the mining tenement to appear before the warden's court upon a day and at the place and time stated in the summons to answer the matters complained of in the reference. If the holder of the mining tenement appears at the time and place appointed in the summons, or if in the event of his failing to so appear, proof is made of service of the summons upon him within such time, being not less than three days before that date as the warden shall deem reasonable, the warden shall proceed

1IIXING. 177 1D48. . 111ininfj Acts .A.mendment Act. to hear and determine the matter of the reference with pO'wer to enter all such adjournments as he shall deem necessary or expedient in the circumstances. If the warden finds that the mining tenement is liable to be forfeited, the Governor in Council may either- . (i.) Declare it forfeited; or ( I:i. ) Upon the recommendation of the Minister require the holder thereof to pay by way of a pecuniary penalty such sum, not exceeding one thousand pounds, as he shall fix. If the amount of such pecuniary penalty is not paid in full vvithin such time as the Governor in Council determines, he may declare the mining tenement to be forfeited. [183F.] The Governor in Council may from time RegUlations. to time make regulations providing for all or any purposes,whether general or to meet particular cases, that may be convenient for the administration of this Part of this Act or that may be necessary or convenient to carry out the objects and purposes of this Part of this Act. Sections 249, 250. 251 and 252 of this Act shall, subject to all necessary modifications, apply and extend to and with respect to regulations made under this section and the making thereof."